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3THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER·OFFICE MEMORANDUM To: FROM: DATE: The Honorable Mayor & Members of the City Commission Steven Alexander, City Manager February 20, 2018 Agenda Item No.:3 .. SUBJECT: A Resolution authorizing the City Manager to enter into a multi-year renewal agreement with Icon Enterprises, Inc., d/b/a CivicPlus for website support, maintenance and hosting service~ a\1d a five·year subscription for AudioEye. BACKGROUND: The City entered into a five-year contract with Icon Enterprises, Inc., d/b/a CivicPlus to create a new website authorized by Resolution 17-13-138835, dated January 22, 2013. The initial five-year contract expires February 2018. CivicPlus is the City's sole web designer and provides website support, maintenance and hosting services. Additionally, the City recognizes some members of the public may have a disability which prevents viewing content on the website. In an effort to reach a broader audience, and provide full access and transparency to the City's website content, it is recommended to purchase a subscription, renewable each yearforfive-years, for AudioEye, a program that will enable content on the City's website to be more accessible for persons with disabilities. Furthermore, AudioEye is the exclusive ADA solutions partner of CivicPlus and is the sole solution that CivicPlus offers. The City did consider other companies however, while at least one could find the issues related to ADA compliance on the City's website, it was not authorized by CivicPlus to access the web platform to make the corrections, hence it is the opinion of the City's staff that the website cannot be made ADA compliant with other vendors. The purchase price for a one- year subscription is $15,625, which includes installation, training and support, and will be renewed annually over the five-year term. AudioEye is in conformance with the "Web Content Accessibility Guidelines (WCAG)" and the Rehabilitation Act, Section 508, a series of web accessibility guidelines published by the Web Accessibility Initiative (WAI) of the World Wide Web Consortium (W3C). The City recommends executing the website support, maintenance and hosting renewal agreement and, the subscription for the ADA complaint software, to Sout~iami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM AMOUNT: ACCOUNT: ensure this vital link between the City and the public is maintained and fully operational. Due to the critical nature of the City's website, competitive quotes for support, maintenance, hosting services and ADA compliant software were not secured since CivicPlus can be considered a sole source provider and will act as a single pOint of contact for the City's website and will coordinate software upgrades, if necessary, user training, hosting services and maintenance related to the functionality of the City's website. The cost for Annual Support, Maintenance and Hosting Services and AudioEye over the five-year term is listed below. The hosting agreement also includes a secure SSL certificate and 10 user licenses and a technology investment and benefit fee of 5% will be applied over the five-year term: YEAR 1 2 3 4 5 5-YEAR TOTAL WEB HOSTING FEE $6,128.25 $6,434.66 $6,756.39 $7,094.21 $7,448.92 $33,862.43 AUDIOEYE COMBINED SUBSCRIPTION TOTAL $15,625 $21,753.25 $15,625 $22,059.66 $15,625 $22,381.39 $15,625 22,719.21 $15,625 $23,073.92 $78,125 $111,987.43 The expense for the web hosting, support and maintenance renewal and, the subscription for AudioEye will be applied to this fiscal year and will be budgeted for subsequent fiscal years over the next five-years. $21,753.25; ($6,128.25, Support & Maintenance Renewal; $15,625, AudioEye) 001-1340-513-4634, Maintenance Internet, with a balance of $86,330.45 prior to this request. ATTACHMENTS: Resolution Resolution 17-13-138835 Civic Plus AudioEye Proposal WCAG 2.0 Overview Summary, Section 508 of the Rehabilitation Act CivicPlus Support Renewal Agreement CivicPlus Sole Source Letter CivicPlus AudioEye Sole Parntership Letter 1 RESOLUTION NO: _____ _ 2 A Resolution authorizing the City Manager to enter into a multi-year 3 renewal agreement with Icon Enterprises, Inc., d/b/a CivicPlus for 4 website support, maintenance and hosting services and a five-year 5 subscription for AudioEye. 6 WHEREAS, entered into a five-year contract with Icon Enterprises, Inc., d/b/a 7 CivicPlus to create a new website authorized by Resolution 17-13-138835, dated January 8 22, 2013; and 9 WHEREAS, CivicPlus is the City's sole web designerfor the City's website. The City 10 is responsible for the content published on the web; CivicPlus provides the platform, 11 design and support for the maintenance of the website; and 12 WHEREAS, the original agreement includes website support, maintenance and 13 hosting services, technical software support, user training when needed, and unlimited 14 telephone support Monday through Friday, 7:00 AM to 7:00 PM CST and, 24/7 Emergency 15 Telephone Support; and 16 WHEREAS, the City recommends executing the website support, maintenance and 17 hosting renewal agreement to ensure this vital link between the City and the public is 18 maintained and fully operational; and 19 WHEREAS, CivicPlus designed, maintains and supports the website and its work is 20 proprietary; and 21 WHEREAS the City recognizes some members of the public may have a disability 22 which prevents receiving viewing content on the website; and 23 WHEREAS, the City wishes to reach a broader audience and provide full access 24 and transparency to the City's website content; and 25 WHEREAS, the City recommends purchasing a one-year subscription for AudioEye, 26 a program that will enable content on the City's website to be more accessible for persons 27 with disabilities; and 28 WHEREAS, AudioEye is in conformance with the "Web Content Accessibility 29 Guidelines (WCAG)" and the Rehabilitation Act, Section 508 which are a series of web 30 accessibility guidelines for the Internet; and 31 WHEREAS, AudioEye is the exclusive ADA solutions partner of CivicPlus and is the 32 sole solution that CivicPlus offers in the ADA space; and 33 Page 1 of 3 1 WHEREAS, CivicPlus will act as a single point of contact for the City's website in 2 total, including AudioEye, and will coordinate software upgrades, if necessary, user 3 training, hoisting services and maintenance related to the functionality of the City's 4 website; and 5 WHEREAS, it is the opinion of the City staff that no other company can provide 6 the same services as CivicPlus and no other vendor can provide all of the services, 7 including web maintenance, software upgrades, and ADA solutions therefore, it is staffs 8 belief that Civic Plus is a sole source; and 9 WHEREAS, other companies were considered. However, while at least one could 10 find the issues related to ADA compliance on the City's website, it was not authorized by 11 CivicPlus to access the web platform to make the corrections, nor provide the necessary 12 service, hence it is the opinion of the City's staff that the website cannot be made ADA 13 compliant with other vendors; and 14 WHEREAS, the City staff does not have the expertise to make most of the 15 corrections that could be identified by secondary vendors and CivicPlus' engagement 16 includes software built into their program that provides screen readers and contrast 17 creators for the citizens, plus a team behind the scenes correcting mistakes on the 18 website so that the City's website is always fully ADA compliant; and 19 WHEREAS, CivicPlus uses only AudioEye to help detect ADA compliance issues and 20 CivicPlus only allows AudioEye to make the required corrections on the platform/site to 21 make sure the City's site is ADA compliant and CivicPlus will not allow any other provider 22 to make changes to the platform; and 23 WHEREAS, it is the opinion of City staff that the City cannot obtain what the City 24 needs done without the use of the AudioEye program offered by CivicPlus. 25 WHEREAS, the expense of $21,753.25; $6,128.25 for annual support and $15,625 26 for a subscription for Audio Eye, will be charged to Account 001-1340-513-4634, 27 Maintenance Internet, with a balance of $86,330.45 prior to this request and will be 28 budgeted for subsequent fiscal years over a five-year term. 29 NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF 30 THE CITY OF SOUTH MIAMI, FLORIDA; 31 Section 1. The City Manager is authorized to enter into a multi-year renewal 32 agreement with CivicPlus for website support, maintenance and hosting services and a 33 five-year subscription for AudioEye, a software program that enables the City's website 34 content to be more accessible for persons with disabilities from Icon Enterprises, Inc., 35 d/b/a CivicPlus. A copy of the agreement is attached Page 2 of3 1 Section 2. The City Manager is authorized to expend to Civic Plus in future fiscal 2 years based on the commissions allocation for web services through the annual budget 3 process; and 4 Section 3. Severability. If any section, clause, sentence, or phrase of this 5 resolution is for any reason held invalid or unconstitutional by a court of competent 6 jurisdiction, this holding shall not affect the validity of the remaining portions of this 7 resolution. 8 Section 4. Effective Date: This resolution shall take effect immediately upon 9 adoption. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PASSED AND ADOPTED this _ day of ___ -', 2018. ATIEST: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION EXECUTION THEREOF CITY ATIORNEY Page 3 of3 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Welsh: Commissioner Liebman: Commissioner Gil: • • • RESOLUTION NO. 17-13-13835 A Resolution authorizing the City Manager to enter into a contract with Icon Enterprises, Inc., d/b/a/ CivicPlus to create a new and unique city website through a piggyback agreement from the City of Knoxville. The City will receive the same pricing and terms as the City of Knoxville agreement in the amount of $21,980.00 from the City Manager's Office account number 001-1310-513-4634 with a current balance of $ 35,120. WHEREAS, the current City of South Miami's website is outdated, not user friendly, and inefficient; and, WHEREAS, the city desires to develop an up to date, services oriented website for its residents and business owners; and WHEREAS, Icon Enterprises, Inc., d/b/a/ CivicPlus will create a unique website for the City that includes all functionality as defined in Exhibit A -CivicPlus Project Deliverables, attached hereto; and WHEREAS, after 48 consecutive months, the city becomes fully eligible for a CP Basic Redesign at no additional cost to the city as per attached Exhibit B; and WHEREAS, the city shall enter into agreement with Icon Enterprises, Inc., d/b/a/ CivicPlus through a piggyback agreement from the City of Knoxville for the same pricing and terms. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to enter into a contract with Icon Enterprises, Inc., d/b/a/ CivicPlus to create a new and unique city website through a piggyback agreement from the City of Knoxville for an amount not to exceed $21,980.00 for the first year's annual support, maintenance & hosting. The pricing for year 2 and beyond for annual support, maintenance, and hosting shall be in the amount of $4,425.00. Section 2. If any section clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 3. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 2 2ndlay of January READ AND APP. VED AS TO F "k7!<:1<S;~~E(GALlTV AN ,2013. COMMISSION VOTE: Mayor Stoddard: Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: 5-0 Yea Yea Yea Yea Commissioner Welsh: Yea • To: Via: From: Date: Subject: Background: Expense Account Attachments: • CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM • The Honorable Mayor & Members of the CityCommission Steven J. Alexander, City Manager c~~~ordinating Officer/Code Enforcement Director January 22, 2013 ' Agenda Item No.: g: • 20m A Resolution authorizing the City Manager to enter into a contract with Icon Enterprises, Inc., d/b/a! CivicPlus to create a new and unique city website througb a piggyback agreement from tbe City of Knoxville. The City will receive the same pricing and terms as tbe City of Knoxville agreement in the amount of $21,980.00 from the City Manager's Office account number 001-1310-513-4634 with a current balance of $35,120.00. The city desires to develop an up to date, services oriented website for its residents and business owners. Icon Enterprises, Inc., d/b/a! CivicPlus will create a unique website for the City that includes all functionality as defined in Exhibit A -CivicPlus Project Deliverables, attached hereto. After 48 Consecutive months, the city becomes fully eligible for a CP Basic Redesign at no additional cost to the city as per attached Exhibit B. Year two (2) and beyond, annual support, maintenance and hosting would be an additional cost of$4,425.00. $ 21,980.00. 001-1310-513-4634 (current balance=$35,120.00) Proposed Resolution Bid and Contract from the City ofKnoxviIIe • • • C;t Service & License Agreement for South Miami, FL Project Development with Redesign Organization City 01 South Miami Street Add ress 6130 Sunset Drive Address 2 City South Miami State FL URL Postal-' Code www.southmiamill.gov 33143 CivicPlus provides telephone support for all trained clients from 7am -7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Clfent Cnenl is responsible for ensuring ClvicPlus has current .~updates. Emergency Contact & Mobil. Phoria Steven Alexander (305) 668-2510 Emergency Contact & Mobile Phone Carmen Baker (305) 216-8958 Emergency Contact & Mobile Phone Alfredo Riverol (305) 588-1850 Billing Contact Alfredo Riverol E-Mail ariverol@southmiamifl.gov Phone 305588-1850 Ext. Fax Billing Address 6130 Sunset Drive Address 2 City South Miami ST FL Pos~1 33143 Code Tax 10# 590000431 Sales Tax 85-8012621693C-1 Exempt # Billing Terms Net 30 days Account Alfredo Rlverol Rap Info Required on Invoice (pO or Job #) PO# !:;ontract Contact Steven Alexander Email SAlexander@southmiamifl.gov Phone 305666-2510 Ext. Fax 305 663-6345 Project Contact Catmen Baker Email cbaker@southmiamifl.gov Phone 305 666-7334 Ext. Fax 305 666-4591 Terms & Conditions Client Deliverable 1. Icon Enterprises, Inc., d/b/a ClvicPlus will create a unique website lor the City of South Miami (Client) that inclUdes all functionality as defined in Exhibit A -CivicPlus Project Deliverabies, attached hereto. 2. After 48 consecutive months under these tenns and associated pricing, Client beoomes fully eligible for a CP Basic Redesign at no additional cost. See Exhibit B for complete detailS. Additional Services 3. Client may contract with CivicPlus for additional Consulting, Website Design, Setup, Programming, site modification, Training services (Project Development Services), Additional Page and/or Graphic Design that exceed those defined in Exhibit A. ClvicPlus will invoice Client for the additional services immediately prior to project Go-Live. Services that involve billable time beyond the oontracted amount will be documented and invoiced. Written approval by the Client is necessary before billable time is incurred. ClvicPlus • 317 Houston St:, Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 666·226-2233 • Accounting Ext. 29t • Support Ext. 307· Fax 765-587·8951 Paget of4 C., Service & License Agreement for South Miami, FL 4. Client may contract with CivicPlu. for additional Annual Support, Maintenance & Hosting services that exceed those defined in Exhibit A. CivicPlus will invoice Client for annual services immediately prior to project Go·Live. Modules that incur additional usage fees may be purchased and activated at any time. Billing & Payment Terms 5. One-third of the total Project Development fee will be billed upon completion of design; one-third of the total Project Development fee will be billed upon completion of content. The remainder of the Project Development fee and any additional Project Development services will be invoiced after training has been completed. 6. The client shall sign a project completion and acceptance form prior to project go-live. The date may be extended if matenal system or openational failures are encountered. Immediately after completing training the fin~I bill for the project development services will be billable and payable. All Parties agree that the website will not go-live untilth. project is accepted in wnting by the client. 7. Project Development invoices are due by the first of the following month, but no later than 30 days from invoice date. Project Development will be discontinued if payment is not made within 30 days after the invoice due date. 8. Invoicing for Annual Support, Maintenance & Hosting begins one (1) year from contract signing. 9. Annual Support, Maintenance & Hosting invoices may be prorated in order to correlate with the Client's budget year, and are invoiced pnor to the year of service. 10. After project go-live, If the Client's account exceeds 60 days past due, Support will be discontinued until the Cllent:s account Is made curren\. If the Clienfs account exceeds 90 days past due, Annual Support, Maintenance & Hosting will be discontinued --------1"lIrnltitllfcl ttl1"tee-{ellilieell'lld~"rEa",ceo",,'ontls-made-cllrrenH*,entwiJl-be-glven-3ll-d8ys-n6tlce-prior-to-discontinuation-of-serviees-for-f>"oOln"F------ payment 11. A finance charge of2.9 percent (%) per month or $5.00, whichever Is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding Involce(s) up to 90 days. If the Clienfs account exceeds 90 days past due, Annual Support, Maintenance & Hosting will be discontinued until the Clienfs account is made current. 12. Provided the Client's account is current, at any time the Client may request an electronic ooPY of the website Customer Content (gnaphic designs, web content, page designs and banners). Client may receive one complimentary copy every four years. If Client requests additional copies, Client agrees to pay $250 per completed request. Provided the Clienfs account is current, upon termination of services clien! may request a complimentary electronic copy of website Customer Content and Government Content Management System (GCMS) Software. Agreement Renewal 13. This contract shall remain in effect for a period of one year (12 months) from signing. In the event that neither parly gives 60 days' notice prior 10 the end of the initial or any subsequent tel1ll, this Agreement will automatically renew for an additional contnact lel1ll, limited to no more than 5 years (60 months). After 48 consecutive months under the terms of this contract and associated priCing, Client wlll be fully eligible for a CP Basic Redesign at no additional CoSl. 14. Either party may terminate the agreement at the end of the contnact term by providing the other party with 60 days written notice prior to the contract renewal dale. 15. In the event of contract termination, Client forfeits eligibility for the CP Basic Redesign and all funds applied to such eligibilHy. 16. Each year this Agreement is in effect, a technology investment and benefit fee of 5 percent ('Yo) of the total Annual Support, Maintenance & Hosting costs will be applied. Support 17. ClvicPlus will provide unlimited telephone support Monday-Friday, 7:00 am -7:00 pm (Central Time) excluding holidays, for all trained Client staff. Emergency Support is provided on a 24171365 bas.ls for emergency contacts named by the Client. Client I. responsible for providing ClvlcPlus with contact updates. . 18, Support includes providing technical support of the CivicPlus Governmant Content Management Software, application support (pages and modules), and technical maintenance of Client's website. Following IniUal setup, additional page design, gnaphlc design, user training, site modification, and custom programming may be contracted· separately for an additional fee. 19. During the period of this agreement and subsequent annual renewals, CivicPlus warnants that It will, without additional charge to the client take action to correct any problems or defects discovered In the Software and reported 10 ClvicPlus by the client, such warranty to Include ongoing maintenance upgrades and technical error correction. ClvicPlus • 311 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll F .... 888-228-2233 • Accounting Ext. 291 • Support Ext. 307· Fax 785-587-8951 Page 2 014 • • c;t Service & License Agreement for South Miami, FL 20. CivicPlus provides online website statistics software at no extra charge. If Client desires to use other website statistic software, CiviePlus will provide the necessary lag file access. Marketing 21. Client will work with the CiviePlus Marketing Department to make a reasonable attempt to gather information and meet deadlines associated with website "award contest entries throughout the term of this agreement, and to create a case study related to their website. 22. Client permits CiviePlus to include an example of the Client's home page and a link to the Clienfs website an the CivicPlus corporate website. 23. Client will make a reasonable attempt to work with the CivicPlus Marketing pepartment to create a news item to be released in conjunction with their project Go-Live date. Client will provide GlviePlu. with contact infonnation for local and regional media outlets. CivicPlus may use the press release In any marketing materials as desired throughout the term of this Agreement 24. Glient allows GiviePlus to display a "Powered by GiviePlus" insignia, and web link at the bottom of their web pages. Gllent understands that the pricing and any related discount structure provided under this agreement assumes such perpetual permission. Intellectual Property, Ownership & Content Responsibility 25. Upon full and complete payment of submitted invoices for the Project Development and launch of the website, client will own the graphic designs, web content, page designs and banners ("Gustomer Contenn, as well as the GGMS Software. 26. Upon completion of the development of the site, client will assume full responsibility for website content maintenance and content administration. Client, not GivicPlus, shall have sale responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and Intellectual property ownership or right to use of all Gustomer Content. 27. Gllent shall not m llce'nse, sublicense, seli, resell, transfer, assign, distribute or othelwise commercially exploit or make available to any third party the Software in any way; QQ modify or make derivative works based upon the software; (Iii) create Intemet "links' to the Software or "frame" or "mirror" any Government Content Management System administrative access on any other server or wireless or Internet-based device; or Qv) reverse engineer or access the Software In order to (a) build a competitive product or se"'ice, (b) build a product using similar Ideas, features, functions or graphics of the GGMS Software, or (c) copy any ideas, features, functions or graphics of the Software. 28. The ClviePlus name, the GlvlePlus logo, and the product and module names associated witli the GGMS System are trademarks of GlvlcPlus, and no right or license is granted to use them. Indemnification 29. Glient shall defend, indemnify and hold harmless GiviePlus, its partners, employees, and agents from and against any and all lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses including attorney's fees of any kind, without limitation, In connection with the operations of and Installation of software contemplated by this Agreement, or otherwise arising oul of or in any way connected with the GivicPlus provision of service and performance under this Agreement. This section shall not apply to the extent that any loss or damage is caused by the negligence or willful misconduct on the part of GlviePlus. If Glient and GivicPlus are both negligent, damages shall be apportioned In accordance with the percentage of negligence of each party. This paragraph is not intended to benefit entities not a party to this contract. 30. GivlePlus will not be liable for any act, omission of act, negligence or defect In Ihe quality of service of any underlying carrier or other service provider whose facilities or services are used In furnishing any portion of the service reeeived by the customer. GlvlcPlus will not be liable for any failure of perfonnanee that Is caused by or the result of any act or omission by customer or any entity other than GiviePlus that fumishes services, facilities or equipment used in connection with GivicPlus services or facilities. 31. Except as expressly provided In this Agreement, GivlcPlus makes no expressed or implied represenlatlons or warranties, including any warranties regarding merchantability or fitness for a particular cause. Force Majeure 32. No party shall have any liability to the other hereunder by reason of any delay or failure to pertonn any obligation or covenant if the delay or failure to perfoflT' Is occasioned by force majeure, meaning any act of God, storm, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civic disturbance, riot, war, national emergency, act of Government, act of public enemy, or other cause of similar or dissimilar nature beyond Its control. ClvlcPlus' 317 Houston St, Suile E' Manhattan, KS 66502, www.CivlcPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 ' Support Ext. 307 -Fax 785·587-8951 Page 3 of4 • C;t Service & License Agreement for South Miami, Fl Enforcement 33. In any litigation arising out of the terms and candnions of this contract the parties waive the right to a jury trail and venue shall be in Miami-Dade County, Florida. Acceptance We, the undersigned, agreeing to the conditions specified in this document. understand and authorize the provision of services outlined in this Agree t. -------2~ ~-0 Date -.::::.:....-------- Sign and e-mail or Fax this Copy Attn: Contract Manager Emaa: SalesCoordlnators@ClvlcPlus.com Fax: 785-587-8951 And -Mall Two (2) Signed Originals Civic Plus Contract Manager 317 Houston St, Suite E Manhattan,KS 66502 We will e-mail or fax a counter-slgned copy of the contrecl back to you so we can begin your project. Upon receipt of two signed originals, we will counter-sign and return one copy for your meso -Remainder of this page left intentionally blank- I ClvioPlus -317 Houston St., Suite E -Manhattan, KS 66502 -www.ClvloPlus.com Toll Free 888-226-2233 -Accounting Ext. 291 -Support Ext. 307 -Fax 785-587-8951 Page 40f4 • c;:. Service & License Agreement for Knoxville, III. Organl2:alion City of Knoxville Street Address 305S3" Addless2 City Knoxville Project Development with Redesign State IA URL Postal Cod. www.dlscoverknox\lille.com 50138 ClvicPlus provides telephono support for aU trained clients (rom 7ttm -7pm Cenlrnl11me. Monday-Friday {exdudlnr} hOlidays). Emetgenc:y Support Is pravtded on a 24171365 ba.sts for represent;lUves named by !he Client. Client Is respoR$lbte for ensuring CMcPtus has currenl Upd4l1es• E"mergency Conlact & Mobile Phone Harold Slewart (641) 620·1842 Etnerg&ncy Contact & Mobllo Phone Heather Ussery (641) 891-86;43 Emorgency Contaot & Mobile Phone Dylan Felk (801) 821·1734 BIlling Contact Healher Ussery E-Moll cilyclerl!@discoverknoxvllle.com Phone (641) 828-0550 El<I. 4 Fax (641)828-0511 Sillng Addrass 305 S3rd Address 2 CUy Knoxville ST I ... Postal 50138 COde TaxlD# 42·8004843 Sales Tax ,0.-103695 Exempt# BllllngTenns Nel30days Account Robert Dlsberger 'Rep Inro Required on Invoice (PO Of Job #) MIA Contrad Conllel Harold Siewart Email cllymanager@dlscoverknoxvnte.com Phone (641) 828-0560 Eld. 2 Fa. (641) 828·0511 Proj •• t Contact Harold Slewart Em;" c~ymanag.r@dlscov.rknoxvllle.cOm Phon!! (641) 828-0550 EMt. 2 Fa. (641)828·0511 Terms & Conditions Client Deliverable 1, Icon Enterprises. Inc., d/b/a ClvicPlus will create a unique websila (or the City of Knoxville (Client) that Includes all funcUonality as defined tn Exhibit A -ClvlcPlus Project Oellverables. aUached herelo. 2. After 48 consecutive months urtder these tenna and associated prfc£ng, Client becomes fully eligible (or a CP Basre RedesIgn at no additional cps(. SOa exhibit B (ot complete details. Additional Services 3. Cllenl may contract wltll CivicPlu8 for additional Consulting. Website Design. Setup, Programming, site modificatfon. Training services (Project Development SeNlces). Additional Page and/or Graph(c DesIgn that exceed those doJlned In ExhibIt A. CivicPlu5 will invoice Client for the additional servIces Immediately prior to project Go--Ltve. Services thai Involve billable lime beyond the contracted amount will be documented and InVOiced. WriUen approval by the Client is necessary before billable time Is inourrSd. ClvltPlus" 317 Houston $t., Suite e .. Manhattan. KS 66502 "lNWW.CMcPluS.COM Toll Free 886.228-2233 .. Accounting Ext. 291 • Support EKt. 307 .. Fax 7eS·S67·6951 Page1of4 • c;» Service & License Agreement for Knoxville, IA 4. Client may contracl with CMcPlu$ (or additional Annual Support, Maintenance & HosUng tervTces that exceed those defined In Exhibit A. ClvlcPtus willinvorce Client for annual services Immediately pridrto project GO-Live. M,?dutes that Incur addlUonal usage fees may be purchased and aclfvated at any time. Billing a Paymenl Tenns 5. One~thlrd of the tolal Project Developmenl fee Will be billed upon completion of design; one..tblrd 01 the total Project Oevelopment fee will be billed upon comph,Cfon of con lent. The remainder ortha ProJect Development fee and anyaddlUonal Project Devt!lopment servIces will be Invoiced after trainIng has been comple(ed. 6. The client shall sIgn a project completion and acceplance form prior to project go-live. The date may be extended If material system Ot opera6onal fa!lures are encDuntered. Immedlalely after completing tralnfng the final bllf fOr the project develDpment servic •• will be bJ1!able and payable. All Parties og",.thal tho website wilt not go-Ilvo until the project Is accepted in wnllng by thecll •• t. 7. Projecl Oevelcpmenllnvolces are due by the first of Ihe followfng month. but no later than 30 days: ITem Invoice dale. ProJeet Development wlH be discontinued if payment ls not made within 30 days after the invoice due dale. S. Involclng ror Annual Support. Maintenance & Hosting begins one (1) year from contract signing. 9. Annual Supp~rt. Maintenance & Hosting Invoices may be prorated I~ order to correlate wllh th& Cllenrs budget year, and are Invoiced prior to the year of service.. 10. AfuH' project go·jlve. if Uta Chenn account exceedS 60 days pad due, SuppoffWJl1 be discontinued unUl the elfent's acccunt Is made ou ... nl_ IfllIe CIIsn\·. accounte""e.ds 90 days past due. Annual Support. Mainlenance & Hosting will b. discontinued unli' the Cnenl's account Is madl) currenL Client Wlll"e given 30 days nDlice prfor 10 discontin.uatlon of services for nona payment 11. A flnanca charga of2.9 percent (%) per monlh or $5.00, whichever Is greater. Will be added to past due accounts. Payments ",,,"Iwd will be applied firsl to financa charge .. then to tha oldest oulslandlng Invol .. 'e). 12. provided the Client's account Is current, at any time the Client may request an electronic ClOpy or the website Cuslcmar Content (graphic des!gp.s. web ~n!ent. page designs a."!d banners). Clhml may receIVe one cDmpflm6iitaiY copy 6V6:y (OUi yeers_ II Client requests eddlilonal cople .. Client agr ••• to pay $250 per completed reque.t. Provided Ihe Client'. account i. eurrent. upon (eRIIlnaUon of seMces cllenl may request a complimentary electronic copy orwebslta CustomerConlent and Govemment Content Management System (GCMS) Software_ Agreement J{en~1 13. This conlrect shall remaIn In effect for B period or one year (12 monlhs) rrom signing. In the event that neither party gives 60 daYS' noUce prior to the end oflhe'nlUal or any subsequent term. this Agreement wUl automatically reneW (or an ad(fIliQnal (lonlmct lenn. After48 conseCUI(vEl months undertha lenns of this contract and assoclatod pricing. Client wilt be fully elfglble for a CP BasIc RCfdestgn at no addHfonal cost. 14. Either party may tennlnate the agreement at the end of the conltact tenn by providing the other party with 60 days Written notice prior 10 the contracl renewal date. 15. In tho .. enl olconlraQI tennlnalion, Cllenl forfeits eliglblUty for the CP Basic Redesign and aU fun"" applied to such eHglblllty. 18. Each year thrs Agreement Is In effect. a technology investment and benefit faB of 5 percenl(%) of lila total Annual Support. Maintenance & HostIng cosls wUl1Je eppRed: Support 17_ CIvICPIU$ wilt provide unNmlted t<>lephone support Mond~y.Friday, 7:00 am -7:00 pm (Contre' Time) exclUding holidays. lor alt Iealned ellen\slatt. Emel\lency Support I. provided on a 24nJ365 basis ror emergency contacts named by the Client. Client I. ",.pon.lble ror providing ClvlcPlus with conlac\ updates. 18. Support incfudas providing technical support of the CiVlcPlUS Govemment Content Management SOf\war$, application support (pages and modules), and technIcal maintenance or Cllenrs website. followinglnillal setup. additional page desl!J1. graphic design. user training. sfte modfJlcatfon, and custom programming' may be contracted separately ror an addl60nal fee •. 19. During the period of this agreement and subsequent annual renewals. ClvicPlus warrellts that It will. without addlUona\ charge to the client. take action to COlTBct any problems Or defects discovered in the Software and reported to ClvlcPlus by the client, such warranty to include ongoIng mainlenance upgrtldes and technical error correcllon. 20. CivicPlus provides online website statistics software at no extra charge. If Clienl desires to use other-website statistil: software. ClvlcPlus will pro\lfde the neces5ary log fJte acc;ess. CMcPlus· 317 Houston St.. Suite e: • Manhaltan. KS 66502 • www.ClvicPtu8.com TQII Free 808-228·2233 • AccounUng E:)(I~ 291 • Support Ext. 301 • Fax 785-587·8951 Pag&2Qr4 • C;» Service & License Agreement for Knoxville, IA Markatlng • 21,' Client will walk wllh the CivlcPlu9 Markelfng Departmenllo make a reasonable attempt 10 gather InronnaHo" and meet deadlines assoc1aled wllh websl1e award contest entries throughout the (ann of Ihls agreement. and to create a case study relaled to thelrweb,lle. . 22. Client pannUs ClvfcPlu9 to ("cruds an example oftha Cltem's heme page and a link 10 the Client's website on the CMcPlus corporale website. 23. Cllent will make a reasonable attempt 10 work with the ClvlcPlu9 Marketing Department to creale a newsltem to be released III conjuncUon with Ihalr project Go--Liv& date. Client will prOVIde CivlcPlus with contact InformallCln for lo.caiand regIonal mediB outlets. CMcPlus may use lhe press release in any markellng malerials as desired throughout the tann Df this Agreement. 24. Client allows CMc1:'Jus to display i'II "Powered by CMcPJu$" Inslgnls, and web link at the bottom oflhelrweb pages. Client understands that Ihe pricing and any related discount structure provJded under this agreement assumes such perpetual pennlssJon. Intellectual Property, Ownership & Content Responslblllly 25. Upon full and complete payment or submlHed invoices ror the Ptoject Development and' launch of the website, client Will own the graphlQ designs, web content, page designs and banners ("Customer Contenl~). as well as the GeMS Software. 26. Upon CQmpielfon of the devalopmenl of the .sUe, client will assume rull responsfbUIly rorwebslle content maintenance and content admlnlslraUon. Cllenl, not ClvlcPlus, shall have sci. responsibility for Ut. accuracy, quanty, inl~grity, legailly, .otiability. approprfaleness, and rntellectual property ownership or right to usa of all CuskimerCOntent. 27. Ollonl shall not(ij Ilcon •• , ,ubllean.e, sell, ...,.ell. trans/at, assign. dlstribule or otherwise comm .... ally 'XJ)Io~ or make available to any IhlAl party the Software In anyway; (II) modify or make denvaUv. woms bas.d upon Uta software; (III) creal' Internet "lInks" to the Software or "'frame" or~trrof any Government Conlent Management System administratiVe access on eny otherserJer or wtretass or Intemet·based device; ar (iv) reverse engineer or access the Software In ordor \0 (a) build a competitive product or .erYlce. (b) build. produel USing similar rde.s. featu •• s. functions or graphics olthe GeMS Sollware, or (c) copy anvIdeas, features, funcUonsorgraphIcS orths Software. 28. The CMePlus nama, Ihe ClvlcPluslogo, and lhe product and module namo •• s.oeleled wllh tha GOMS System are trademarks of CMcPlu9, and no right or (leartH Is granted to use them. ' fndemnlncaUon 29. Ctlanlshall defend. Indomnlly and hold harml ••• ClvlcPlus.1ts palfners. employ.es. and agenl.from and agalnslany and all lawsu1ts. claims, demands. penalties. losses. fineS', liabilities, damages, and expensBslncluding eltomey"s fees of any kind. without limitation. in connection with the operations of and Installation of software contemplated by this Agreement. Dr otherwise arising out of Dr In any way connected with Ihe CivlGPlus provision of GOrvlDe and pedonnance under thl& Agr •• m.nllhls .actIon shall nolapply to Ihe exlenllhat any loss or damage I, caused by tha nagllgenc8 orwlnrul misconduct on the part of ClvicPIw. If Cltent and ClvlcPlus are both negligent, damages shall be apportioned In accordance Wilh the peroenlage of negligence of each party. This paragraph r. nol inlended to benelit enUUos nola party 10 thl. conlracl. 30. CMcPlus will nol be liable ror any acl. omIssion of acl, negligence or dereclln the quality of .arvice or any undellylng carrier or other 6BN(ce provider whose facilities or seNlces are. used In furnishing any portIon of the service received by Ills customer. ClvlcPlus will nol be liable for any failure of performance 81at is caused by or the resun of any ael or omISSion by customer or any enllty other than ClvlcPJus that fumllihes services, facIDUes or equipment used In connection with ClvlcPlus services or facilities. 31. Except as expressly provided In this Agreement. ClvlcPlus makes no expressed or ImplIed representations orwarrantles. Irlcluding anywananUe5 regarding merchantability or filness for a particular cause. Force MOJeure 32. No party shall have any Uabillty to the other hereunder by reason of any delay or failure to perfonn any obtigBtion or covenant If the delay or (allura to perfonn Is occastoned by forcs majeure, meaning any act of God. stann, fire, casually, unanticipated work stoppage-. strike, lockout. fabordlspute, clvlc dislumance, riot. war, nsUonal emergency, act of Government. act of public enemy, Dr other caUse of similar or dissimilar nature beyond Its control. CMcPlus .317 Houston St., Suite E· Manhatlan, KS 66502' WMV.CivfcPlus.c:om Toll Froe 888·228-2233 • AccounUng em. 291 .. support Ext. 307' Fax 765·587-8951 Page30f4 C" Service & License Agreement r9r Knoxville, IA Accoptnhce We, the undarsfgned. agreeing to the con<iiUol1S spoc[Qed In this document, understand (lnd authorize the provision of services outrrno<;lln Ihls Agreemenl. ~~~----.. -.. --..... --.. ------ 'i\-'20 -I 'Z... "i5~~-~"--.---'" ._ .. _ .... _-_ .. -... ------.---,,.......,--------.. ---.--:-:-.-----.-... --.~--. Sign and o~mall or Fax Ihis Copy And ... Mail Two (2) SlgnGd Originals Attn: Conlract Manager ClvloPlus Conirect Mana er rna! I) as oor na Q~ c us.com 311 HOlJston SI., SwUo E I ___ .. ____ !'.:'.~_?!l5-587:i1051 .... _._. _____ . __ ..... Manh~~~,.!<S·665~~ __ ~ ____ ..J We Will a-man or fax a counter-signed €X)PY of the contract back 10 you so WG can begIn your proJacl. Upon receipt of twO signed orlgin~~s, we wlU counter-sfgn and return Dna copy rDr your f1I!.'1~. --Remainder of 'hili pago iej\ ini.entionaUy.bionk- ClvicPlus • 317 Hous(tl/\ St.. Suile E • fl.ianhnll911. KS 66502 • VlwVI.Civicf'lus.com 'foil Free I3Sa.?'U1-2233 • AccounUI"I9 Ext. 291 • SurlportE)(t. 307 • Fax 7f)5·567-8951 ·, • c;. Service & License Agreement for South Miami, FL Exhibit A -CivicPlus Project Dellverables All Quoles are In US Dollars and Valid for 30 Days from January 16,2012. ~-Remainder of this page left intentionaUy blank- CiVlcPlus· 317 Houston St.. Suite e· Manhattan, KS 66502· W'WW.C'vlcPlus.com Toll Free 888--228·2233· Accounting Ext. 291 • Support Ext. 307 • Fa)( 785-581--8951 .. Exhibit A 1 of3 c;» Service & License Agreement for South Miami, FL Project Development ,and • ""...... • and "'0Jem "m."ne, , ~";;::site Design (" pna •• 3; Ifor your website pna.e 4: I , Selup Deliverable: Set up fully functional site, software that runs the site, and site's statistical analysis. "".~. ,: 24 Hours ... ''''''Y (up to 6 , Quote includes free use of up to u ".,n "yslem I ) on GeMS i setting up groups and users, modute administration. Basic User training on pages, module entries. applying modules to pages. Applied use and usability consulting to result In effective communication through : Go.i.ive a~d "roJecl K~~=:' report n. Registration of'site' with all major search englns6 Phase 10: I ,";::1' .,>:/ Site revJew with recommendations for enhancements to Improve viSitor ; layout, design and content recommendations. GOogle- , Gov2.0 BI~ Non. I TOOl lin' 'Fee rotall ,ee Share _TWiner \ , I CivicPlus • 317 Houston St., Suile E • Manhattan. KS 66502 • www.ClvlcPlu5_com Toll Free 688~228-2233 • AC(:ounllng Ext. 291 • Support Ext. 307 • Fax 765·587..a951 $1.757 $4,621 , $1,261 $1,758 $5,133 $1,955 $3,840 $1,194 $461 Included = Included Exhibit A 2 of 3 • • c;» Service & License Agreement for KnoxVille, IA Pro/ect Ce.elopment Includes the FollowIng: Modules I FgncllonalllV • Agenda Creator • Action Items Queue • Alerts Cenler & Emergency Alert NoliRcalion • Audit Trail I Hist"", Log • ArcI1lVe Cenler • Automated PDF Converter • BldPosUogs • AutomaUc Content Archiving • BusinesS/Resoures OJreGtory • Contenl LIbrary • Calendar • Dynamic Breadcrumbs • Carbon Calculator • Dynamic Silemap • CUlmn Request T(a:c:ker (5 users) • expiring Items Library • COMr'I'Iunity VoIce • Generic Mobile App (lOS & AndroId) • Document Center · Graphic Link Admlnls!nltlon • ePay • Links Redirect and Broken Links Finder • FacJlftres & Reservations • Menu Management • FAQs • Mouse-over Menu Struoture • Featu",d Info ModUle • MunlMabile • Forms Center • Online Edl"'r for EdlUng and Pag. CreBUon (WYSIWYG) • Healthy CIty InlUative • Onltn. Web SlatiS11cs (Only with Civic Plus HosUng) • Intranet • Page Wizard w/MulUple Layouts • JobPostings • Prinler Flfendly/Emall Page • Medl. Center • RolaUng Contenl • My Dashboard • RSS • NewsFlash • Search Engine Registration • NollfYMa Email & SMS TaXI Subscription • Site Layout Optio .. • Online Job Application wl1 Gonoric Appllcetlon • Bite Search & EnIIY Log • Opinion Poll • Slldeshow • Pennllo & Licensing • Social Madia Inlos",Oon (FacBbaok & TWitter) • Ph.'" Gallery • Us., & Group Admlnls!nlUon Rights • Postcard Module • Web Page Upload Utility • Quick LInk. • Website AdmlnlstJaUvelog • Real Eslale Locs"'r • Staff ClreotolV Annual SUDDOrt. Malnte.an .. & Hos1ln SorvlcB-lncludo the Fo1lowtna: Support Malntonance of ClvlcPlus AppllcaUon & ModYJ •• Hostlng 1-1 (CST) Mon-Fri (exatudlng holidays) Inslall SelVlce Patches for OS Shared WablSQL Server 2411 Emergency Support Upgrade. ONS Consulting & MaIntenance Dedicated Support Personnel Fixe. Monitor Bendwfdth--RoutGt TraffiC 2~hour Response during Nannal Houl'S ImproVements Redundant ISP Usability Improvements Integration Redundant Cooling IntegraUon New & Upgraded SeNlc8s Tesling Natural Gas Powel'Gd Generator Proacllve Support for Updatos & FIKes Development Oally Tape Backup Online Training Menuals Usage license Intrusion Detection & Prevention Monthly Nowsletlers Antivirus Protection Phone Consulting Upgrad& Hardware ClvicPIU$ Connection ClvlcPlus Unlversllv e>d1lbll A 3 0' 3 ClvtcPlus· 317 Houston St .• Suite e • Manh,dtan, KS 66502 • www.clvlcPluu.arn Toll Free 8B8-22e.2233 -/\C.COunUng Ext, 291 • Support EKt. 307 • Fax 185·587-6951 • c;» Service & License Agreement for Knoxville, IA Exhibit B -Redesign Details , CivicPlus Project Develop'menl,SqrVlces & Scope .of SeNlces for '" , "::' ,,' '. : I: ' ' '.' '.'.. .' , : CP BaSIC Redesign" , ' • NawdesJgn • Redevelop banner • Redevelop navlgaUon method (may choose top drop.-down or othor options) • Deslgn .setup .. Wfreframe • Red"""k>p 9",ph!c elemenls of webs lIe INewsn.eh. FAa.. Calend.r. elo., ProJect ManagemQnl • Testing • Review • .COtItent Migration -Includes retouching or all exTstlng published pages to ensure properrormaUfng. menu structure, and appllcaUon of new slle styles. Note: Contentwfll.U1 be rewrtHen, reformatted or pages broken up \~.o".nou or .... ecllonao, • Sile slyles and pagolayouls vAIl bolouched.., aU page. match !fie new doslgn and migrate c1eonlV SpelUng and broken links will bo checked and .. ported If unable 10 conecl ChricP/us • 317 Houston St., Suite E ' Manha'~n, KS 66502 ~ www.CMcPlus.com Toll FfGB 808-228-2233 • AlX(IlInIJAgEJd. 291 .. SUPtiort Ext. 307 • Fax 165-501·8951 Exhfb't B f of 1 • • Agenda Item: Background: Council letter City of Knoxville August 2, 2012 Website Developer RFP • • The City recelved two responses to the RFP for a website developer. Attached is a spread sheet outlining the results. The City Manager has participated in a web demonstration with both companies to see the content management system and design capabilities of both companies and has conducted reference checks. Both are good and reputable companies that have developed quality websltes. Each company has different strengths however. Golden Shovel is much stronger at developing economic development websites. I did contact the reference listed for a community In Nebraska that had a city/ED website developed by Golden Shovel. They have been very satisfied with the quality of the website and continued customer service after development. They have had some complaints regarding the functionality of their calendar component of the site. ClvicPlus is very strong on developing city websites. They have developed over 1,100 city websltes throughout the country. City websites are the only type of site they develop. They have the ability to develop a site unique to a community but also bring the concepts and Ideas of all their clients to the table. When a new feature Is developed for one client, all clients then have equal access to the feature at no additional cost. In essence, with ClvlcPlus the City will have 1,100 other communities assisting with the development and design· of the website. Both compantes will redesign the website every four years at no additional cost to the City. Golden Shovel has a lower upfront cost but has a higher monthly fee after development. ClvlcPlus Includes the first year of costs into their development quote. It Is the city manager's recommendation that given the less expensive long term costs and the speCialization of city website development that ClvlcPlus be selected to develop a new site for the City. ., c: ~ Service & License Agreement for Knoxville, IA Exhibit A· CivlcPlus Project Dellverables .. All Quotes are in US Dollars and Valid for 30 Days from August 8. 2012. ,-Project Development t· FIrst 'Yoa;>sAnnuarsupport;'Miiintenant:ie-&Hostfng • :Jl.erver s,~g. nol 10,,~"!!.~.d 15 Gil; M.dl~g~~I.r SI.o/.!9~ not 10 .""".d 10 GB :' Total F,ees y~ar 1 ':: $21,9S0 ," Year 2 and 'Beyond Annual Support;'Malntenanca & HOs1jng , §.~bJect to .~P~~~( S% Increase Y.!.BL~ and ~.!Y..2!1P -Remainder of thl. page loft Intenllonally blenk- ClvlcPlus • 317 Houston SI.t Suite e • Manhallan. KS 66502 • 'WWW.ClvfcPlu8.oom Toll Free 888-228·2233 .. AccaunUng Ext 291 ,Support Ext. 307. Fax 785·581..a951 $4A25 Eldllbil A 1 of 3 • C;t Service & license Agreement for Knoxville, fA Project ror yourwebslte pellvel3blo, Tl8ln System Admlnlslfalor(s) on GeMS Admlnl.""Uon, pennl$slons, setting up groups and users. module admInlslration. Batle User tralnll'lg on pages. modulo ankl •• , applying modules 10 pages. Applied Us. and u.abillty conouillng 10 result In eH'ecUve I of site wilh all Site revlawwUh recommendaUQns ror enhancements to Improve vlsllor and Q.}l'Itent fecommendatlons. excaod10GB $1,757 $4,821 $1,281 $1,768 $5,133 $1,955 $3,840 $1,194 $461 i-. . Total Feei;YeaH'-'" $21,960' ---,; " .' " . . --. " ~ Chtl'cPlus • 317 Houston St .. SUile E • MElnhallan, t<S 68502 • W'MY. ClvlcPlus.lXlm Toll Free 868-223-2233 • A<:counUng Ext. 291 • Support Ext. 307· Fax 785-5BNJ951 ExhIbit A 2 or 3 • • • c;:» Service & License Agreement for South Miami, FL ProJect Development In~ludes the Following: --Modules I Functlonalltr: 0 Agenda Creator 0 Action Items Queue 0 Alerts Center &_Emergency Alert Notification 0 Audit Trail/ History Log 0 Archive Center · Automated PDF Converter 0 Bid Postlngs 0 Automatic Content Archiving 0 Business/Resource Directory 0 Content Library 0 Calendar 0 Dynamic Breadcrumbs 0 Carbon Calculator 0 Dynamic Sitemap 0 Citizen Request Tracker (5 users) 0 Expiring Items Library 0 Community Voice 0 Generic Mobile App QOS & Android) 0 Document Center • Graphic Link Administration 0 ePay 0 links Redirect and Broken Unks Finder 0 Facilities & Reservations 0 Menu Management 0 FAQs 0 Mouse-over Menu Structure • Featured Info Module 0 MunlMobile • Forms Center • Online Editor lor Editing and Page Creation ~SIWfG) 0 Healthy City Initiative • Onln. Web Statistics (Only "'11th ClvlcPlus Hosting) • Intranet · Page Wizard w/MulHple Layouts • Job Poelings • Printer Friendly/Email Page 0 Medfa Center • Rotating Content • My Dashboard • .RSS , " 0 N~wsFlash • Search Engine Registration • Notil'yMe Email 8. SMS Text Subscription • Site Layout Options • Online Job Application w/1 Generic Application • Site Search & Entry Log • Opinion Poll • SlIdeshow • Permits & Licensing • Social Media Integration (Facebook & TwIlte~ • Photo Gallery • Us.r & Group AdmlnlstraUon Rights • Postcard Module • Web Page Upload Utility • Quick Links • Website Administrative Log • Real Estate Locator • Staff Diroctory Annual Support, Maintenance & Hastlna Service Include the Following: Support Maintenance of CivicPlus Hosting Aoplication & Modules 7-7 (CST) Mon-Fri (excluding holidays) Install Service Patches for as Shared Web/SQl Server 2417 Emergency Support Upgrades DNS Consulting & Maintenance Dedicated Support Personnel Fixes Monitor Bandwidth-Router Traffic 2-hour Response during Normal Hours Improvements Redundant ISP Usability tmpro\tements Integration Redundant Cooling Integration New & Upgraded Services Testing Natural Gas Powered Generator Proactive Support for Updates & Fixes Development Dally Tape Backup Online Training Manuals Usage LIcense Intnrslon Detection & Prevention Monthly Newsletters Antivirus Proteclion Phone Consulting Upgrade Hardware CivicPlus Connection ~.~U9 Unjversil~ ,--,--,---- Exhlbil A 3 of 3 CivicPlus' 317 Houston St., Suite E' Manhattan, KS 66502 ·WJ(W.CivicPlus.com Toll Free 888-226-22.33 • Accounting Ext. 291 • Support Ext. 307 • Fax: 785·587-8951 c;» Service & license Agreement for South Miami, FL Exhibit 8 -Redesign Details • New design • Redevelop banner • Redevelop navigation method (may choose top drop-down or other options) • Design setup -wireframe • Redevelop graphic elements of website (Newsflash, FAQ$, Calendar, etc.) • Project Management • Testing • Review Content Migration -Includes retouching of all existing published pages to ensure proper formatting, menu structure, and appllcatlon of new site styles. Note: Conlent will nQ!: be rewritten, reformatted or pages broken up (shortened or ",-sectioned) • Site styles and page layouts will be touched so all pages match the new desIgn and migrate cleanly • Spelling and broken links will be checked and reported If unable to correct CivlcPlus • 317 Houston St., Suite E • Manhattan. KS 66502. www.ClvlcPlus.com Toll Free 888-226-2233· Accounting Eld. 291 • Support Ext. 307· Fax 785-587-8951 Exhibit B 1 of 1 • • • MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday, Sunday and legal Hollda~ MIami, Miaml·Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE. who on oath says that hear she is the VICE PRESIDE:NT • Legal NotIces of the Mlamf Dally Business Review f/k/a Miami Review, a dally (except Saturday. Sunday and Legal Holidays) newspaper, published at Miami In Mlami·Dade County, Florida; that the attached copy of advertisement. beIng a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING -JANUARY 22. 2013 In the XXXX Court. was published In said newspaper In the Issues of 01/11/2013 Affiant further says that the saId Miami Dally Business Review Is a newspapar published at Miami In said Miami-Dade County, Florida and th:at the said newspaper has heretofore been continuously published In said Mlaml·Dade County. Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mall matter at the post office 1n Miami In said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebata, commission or refund for the purpose of securing this/" vertlsem ubllcation In the said newspaper. :'"i~ .' Swam ta and subscribed before me this (SEAL) O.V. FERBEYRE personally known to me l~V:I"" . B. THOMAS !.~W' ~.'i Commission # DD 937532 "" ;., Expires November 2. 2013 ~ r.. , •• -BondIId TIw Troy Fan!nr.utance 801)..385-71119 C =-Statement of Work for South Miami, FL STATEMENT OF WORK No.1 This Statement of Work (the "SOW"), effective upon signing, is entered into and governed under the Master Services Agreement between South Miami Florida and Civic Plus ("CivicPlus") dated 02/01/2013 (the "Agreement"). Transactions performed under this SOW will be conducted in accordance with and be subject to the terms and conditions of this SOW and the Agreement. If there is a conflict between this SOW and the Agreement, the terms and conditions of this SOW shall prevail. Capitalized terms used in this SOW but not defined herein shall have the meaning set forth in the Agreement. The responsibilities of CivicPlus and Client are defined below. IN WITNESS WHEREOF, each party, in consideration of the mutual promises and agreements set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and agreed by the parties, agree and hereto has caused this Agreement to be executed by its duly authorized representatives. Client CivicPlus By: By: (Signature) (Signature) Name: Name: (Print) (Print) Title: Title: Date: Date: 1. TERM The duration of this Ally Platform Subscription and SOW is approximately 60 months, commencing on or about the Effective Date. 2. SERVICES ORDERED & COSTS __ _ _ _ __ CivicPlus will provide the following SaaS Subscription: Digital Accessibility Platform Project License • Up to 2 user accounts • Unlimited scans • Authorized Domains Listed . Compliance Accelerator i Help Desk , ! Ally https:/Iwww.southmiamifl.gov/ Included Included Included $15,625 Annual Grand Total $15,625 This Scope of Work is valid through March 1SI , 201 B. The subscription purchased hereunder applies only to the domain(s) listed in the table, above. Utilization is tracked on a minimum, quarterly hour basis. As time is used, hours are deducted from those allotted per this Agreement. 3. CONTACT INFORMATION Technical Contact Information Client will identify a project lead to function as a single point of contact for the project. rNam~: _____________ _ ~~aij: ________________________ _ CIVICPLUS STATEMENT OF WORK -ALLY -v20170515 2 iPhQIl~: ____________ _ Upon execution of this SOW, CivicPlus will invoice Client 100% of the total Ally Platform Subscription Cost and the total Cost of Services. Billing Contact Information Invoices for fees, associated with this SOW, should be sent to the following email address(es): ![insert EmaiIAddrEl~~(es}j ContaclNamei: _______ _ !BiIIillg·AddrellllJ!: ----------- (if different from Corporate Address provided with MSA) ~on~~fEmall:. ________ __ IBJllil191,-djtiess 11: __________ _ (if different from billing email address provided above) ~i~:. __________ _ l~taiElJtlp: __________ _ All payments shall be made in accordance with the terms and conditions of the Agreement. Invoices will be expressed in US Dollars (USD). CIVICPLUS STATEMENT OF WORK -ALLY -v20170515 3 APPENDIX A SCOPE OF WORK CivicPlus Services shall consist of the following Deliverables: All Delivery Timelines are approximations and may vary. Digital Accessibility Platform CivicPlus will supply Client with Subscription to the Digital Accessibility Platform. CivicPlus will prov.ision Digital Accessibility Platform User Accounts for the number of users included with the Subscription (per section 2. SERVICES ORDERED & COSTS) and, over the course of the term of this SOW, supply Client with up-to three (3) 1-hour training sessions with project stakeholders to walk end-users through the product features and . usage instructions. Ally I ' , \ I II I \ I Activation Compliance Accelerator Initial Accessibility Statement In coordination with CivicPlus, Client to embed the AudioEye JavaScript. Once installed, the AudioEye JavaScript delivers auto-generated issue fixes that dynamically improve the level of compliance and usability. As an option, CivicPlus to supply Accessibility Statement detailing the Client's commitment to Accessibility. . • CivicPlus may author & host Accessibility Statement, which may be embedded within Client site via an iFrame. • Alternatively, Client may host and deploy with guidance & authorship provided by CivicPlus. Help Desk If applicable, as an option promoted from the Accessibility Statement, Client may include reference to the Help Desk, which provides site visitors with a utility for reporting accessibility-related issues and to receive technical support as provided by CivicPlus Accessibility Engineers. Initial Compliance Pre-Implementation site evaluation report provided to client. Audit Analysis Report CIVICPLUS STATEMENT OF WORK -ALLY -v20170515 4 Auditing, Training, and Consulting Compliance Audit Analysis Report Accessibility Statement Update Marketing Strategy Discussion Functional Usability Testing Implementation Finalization Certification CivicPlus Engineers run evaluations based on pre-identified site templates and unique site layouts. Based on the findings of automated tests conducted and managed from the Digital Accessibility Platforms and, as required in order to achieve conformance with Web Content Accessibility Guidelines 0NCAG) 2.0 Level AA and Rehabilitation Act Section 508 Standards, CivicPlus Engineers manually develop and apply (via the AudioEye JavaScript) remediation of identified deficiencies (i.e. Manual Remediation) to address the issues of accessibility detected and validated from a detailed Technical Analysis of site code. The vast majority of issues reported in the Fix view are remediated before the end of Implementation Phase I. Implementation Phase I site evaluation report provided to client. If applicable, CivicPlus to update Accessibility Statement detailing status of Client's journey to achieving compliance with WCAG 2.0 Level AA. CivicPlus and Client to discuss and formalize ongoing marketing initiatives surrounding the promotion Of Client's commitment to Accessibility and their continued and ongoing investment in ensuring Digital Inclusion for their site visitors. The goal of these discussions is to establish formal marketing language, messaging, and tactics to be deployed by Client in their promotion of this important and continued commitment. Manual Testing using Assistive Technologies, conducted by (in some cases), individuals with disabilities. Continued Technical Analysis & Automated Testing: CivicPlus Engineers to finalize compliance audit evaluation (as defined in Implementation Phase I). Continued Accessibility Training -Accessibility Engineer (SME) I Consulting: CivicPlus Subject Matter Experts provided continued support (as defined in Implementation Phase I). CivicPlus to finalize the provisioning of website fixes and, as applicable; validate any source fixes applied by Client. Once fully validated, CivicPlus to Certify Client Web domain(s). • Certification Statements will be published via an option available to site visitors from the Ally Toolbar. In addition and if applicable, CivicPlus to update Client's Accessibility Statement to promote the CivicPlus Certification. • To the extent that certification requires additional Managed Services (as outlined, below) in order to achieve compliance CIVICPLUS STATEMENT OF WORK -ALLY -v20170515 5 Final Compliance Audit Analysis Report Ally Toolbar Ongoing Maintenance, Monitoring, and Testing Regular Compliance Auditing Quarterly Reporting certification (i.e. Closed CaptioningfTranscription of Video Content, Document Remediation, or Audio Descriptions), CivicPlus makes available these Additional Services on a Time & Materials basis. Post-Implementation site evaluation report provided to client. CivicPlus to provision Ally Toolbar with Reader, Player, Site Menu, Page Elements Menu, and Help Desk CivicPlus Engineers and AudioEye Java Platform Technology to provide continual monitoring of all domains and assets provisioned by CivicPlus and within the Ally Platform. This includes up to 5 hours of AT Testing, per month. CivicPlus to ensure continued conformance to WCAG 2.0 AA and Section 508 of the Rehabilitation Act (or its appropriate successor) is maintained through regular site monitoring (as tracked via the AudioEye Java Platform). CivicPlus to provide quarterly reports detailing site visitor usage of Ally Tools and Remediation statistics associated with website fixes applied through the AudioEye JavaScript. CivicPlus shall also provide the following additional CivicPlus Professional Services, which shall consist of the following deliverables: ASSUMPTIONS To streamline communication during the project, Client will be aSSigned a project manager who will be responsible for the quality and timeliness of all deliverables. The project manager will oversee the entire project and will track the progress of the project, and will be available to escalate concerns. CivicPlus will train key stakeholders to fully understand and leverage the capabilities of the SaaS Service. Website/Platform updates or structural changes that impact existing CSS ID/Class Selector Attributes may require re-configuration and subsequent testing that demands a level of effort beyond the typical maintenance included under 'Ongoing Maintenance, Monitoring, and Testing'. To ensure compliance with ADA Title II/III, Section 504, Section 508 Standards for Electronic and Information Technology as they pertain to 'Software Applications and Operating Systems' and 'Web-based intranet and internet information and applications' (1194.22), and any future changes in conjunction with the Section 508 (ICT Refresh), and any applicable state laws, CivicPlus tests against internationally recognized W3C Web Content Accessibility Guidelines (WCAG) 2.0 Level CIVICPLUS STATEMENT OF WORK -ALLY -v20170515 6 AA Success Criteria. These tests are conducted through, both, automated and manual processes, which are facilitated and managed through the Digital Accessibility Platform. CivicPlus engineers do not make any changes to the web environment that impact the visual display of the website. Required changes that impact visual display require collaboration with Client and any visual changes implemented through the Digital Accessibility Platform require sign- off from Client. In many cases, these changes are implemented by Client at the source. For deficiencies impacting visual display or site structure/features/functions, CivicPlus to obtain written permission from Client to provision AEJS in order to apply fixes. CivicPlus shall not be held liable for delays impacting delivery timelines pertaining to Client supplying CivicPlus with written approvals. For any compliance standard that cannot be attained through the application of fixes facilitated through the Digital Accessibility Platform and applied to the frontend website/application through the AudioEye JavaScript, CivicPlus collaborates with software/web designers/developers and recommends best practices for effective resolution to be applied at the source and/or through universal design standards. The combination of this collective and collaborative effort helps ensure usability for Client's site visitors and allows CivicPlus to assign a full or partial conformance certification based on the standards tested. CivicPlus to provide the necessary tools and/or instruction, allowing Client to implement fixes within the product source ("Source Remediation"). As time lines for implementing Source Remediation is not controlled by CivicPlus, Client to acknowledge and authorize timeline changes resulting from deliverables controlled by the Client and outside the immediate control of CivicPlus. The completion of Phases I and II of the Implementation Process is indicated by the elimination of Errors as defined through the Fix view within the Digital Accessibility Platform; elimination of Risks, Unverified, and Needs Review items may require additional time and, if necessary, all remaining items are to be addressed during the Maintenance Phase. CivicPlus shall issue a certification indicating that Client has a commitment to accessibility and inclusion in striving to continually conform with W3C WCAG 2.0 Level AA Success Criteria and, if applicable, Section 508 Standards for Electronic and Information Technology. If applicable, Certification Statements may indicate conformance exclusions and/or statements of partial conformance to inform end-users about features/functions that do not conform to the target standard and/or remain a work in a progress. Common Exclusions Resulting in Conformance Clarifications include: Flash Objects, Highly Visual/Dynamic Display Widgets/Modules, Maps, Inaccessible PDFs, Videos without Captioning and/or Audio Descriptions, and 3rd Party Content. CLIENT RESPONSIBILITIES Client will identify a project lead to function as a single point of contact for the project. For each domain being provisioned with AudioEye ("Active Enablement"), Client to assign designated Project Owner in charge of processing Source Remediation Requests as they are provided from CivicPlus. As Client resources may be limited, Client to prioritize Active Enablement and notify CivicPlus if/when Active Enablement should commence or, if deemed necessary by Client, pause to allow Client resources to address said requests. Client will make all reasonable efforts to educate CivicPlus on the specific technical constraints of its Web environment, including details about its publication and hosting environments. Additionally, Client will provide comprehensive feedback on interim deliverables regarding the CIVICPLUS STATEMENT OF WORK -ALLY -v20170515 7 feasibility or difficulty to implement accessibility features of the AudioEye Ally Platform so as to minimize unnecessary work and streamline production efforts. Client to provide advanced notification to CivicPlus prior to implementing AudioEye JavaScript within their web environment, including but not limited to Client's Production, Staging, UAT, Development, and/or Sandbox environment(s). Client will provide CivicPlus with feedback, comments, approvals and acceptance on all deliverables in a timely manner. Client will provide access to website design style guides. If unavailable, Client may require Color Contrast Analysis, a separate and additional Managed Service, outlined in Scope of Work Appendix. CHANGE CONTROL PROCEDURES To make a change to this SOW, Client will submit a written request to CivicPlus specifying the proposed changes in detail. CivicPlus will submit to Client an estimate of the charges and the anticipated changes in the delivery schedule that will result from the proposed change in the services ("Change Order") stated within this SOW. CivicPlus will continue performing the services in accordance with this SOW until the parties agree in writing on the change in scope of work, scheduling, and fees therefore. Any Change Order shall be agreed to by the parties in writing prior to implementation. No additional fees shall be incurred without Client's prior written authorization. CIVICPLUS STATEMENT OF WORK -ALLY -v20170515 8 , Web Accessibility initiative WCAG 2 at a Glance Perceivable o Provide text alternatives for non-text content. o Provide captions and other alternatives for multimedia. o Create content that can be presented in different ways, including by assistive technologies, without losing meaning. o Make it easier for users to see and hear content. Operable o Make all functionality available from a keyboard. o Give users enough time to read and use content. o Do not use content that causes seizures. o Help users navigate and find content. Understandable o Make text readable and understandable. o Make content appear and operate in predictable ways. o Help users avoid and correct mistakes. Robust o Maximize compatibility with browsers and user tools. This page provides a summary of Web Content Accessibility Guidelines 0/VCAG 2.0); however, it is paraphrased and it is not a definitive version. Please see the following key resources for learning and using WCAG 2.0: o WCAG Overview -www.w3.orgIWAI/intro/wcag o How to Meet WCAG 2.0: A customizable quick reference to WCAG 2.0 requirements (Success Criteria) and techniques -www.w3.orgIWAIIWCAG20/quickref Online at www.w3.orgIWAIIWCAG20/glance·Copyright©2008W3C®(MlI.ERCIM.Keio) .• Status: Updated 9 March 20 II 121612017 Overview of the Final Rule -United States Access Board Ect;-.. -.... -.. -. ------.... -.11 Q,J ®SllarchICT-~.h --- UNITED STATES ACCESS BOARD Advancing Full Access and Inclusion for All o Search entire slh The Board Guidelines & Standards ! Training Enforcement I Research .I::I2!:mi!. > Guidelines and Standards > Communications alT > About the leT Refresh > Overview of the Final Rule About the Update of the Section 508 Standards and Section 255 Guidelines for Information and Communication Technology On January 18, 2017, the U.S. Access Board published a final rule updating accessibility requirements for Information and communication technology (ICT) covered by Section 508 of the Rehabilitation Act and Section 255 of the Communications Act. This document provides an overview of the rule and highlights substantive changes to the ICT reqUirements. The preamble to the final rule discusses the requirements in greater detail. Updated Sedlon 508 Standards for Federal ICT The Access Board's final rule revises and refreshes its standards for Information and communication technology In the federal sector covered by Section 508 of the Rehabilitation Act of 1973. The Board's Section 508 Standards, which were first Issued in 2000, apply to ICT developed, procured, maintained, or used by federal agencies. Examples include computers, telecommunications eqUipment, multifunction office machines such as copiers that also function as printers, software, webs/tes, Information kiosks and transaction machines, and electronic documents. Updated Section 255 Guidelines for Telecommunications Equipment ~.!.5.0Q §255 REFRESH The Board's final rule also updates guidelines for telecommunications equipment covered by Section 255 of the Communications Act of 1934, as amended. The Section 255 Guidelines, which the Board Initially published in 1998, cover telecommunications equipment and customer premises equipment, including telephones, cell phones, routers, set-top boxes, and computers with modems, Interconnected Voice over Internet Protocol products, as well as software integral to the operation of telecommunications function of such equipment. Goals of the Refresh The Board updated the 508 Standards and 255 GUidelines jOintly to ensure consistency in accessibility across the spectrum of information and communication technologies (ICT) covered. Other goals of this refresh include: enhancing accessibility to ICT for people with disabilities; making the requirements easier to understand and follow; updating the requirements so that they stay abreast of the ever-changing nature of the technologies covered; and • harmonizing the requirements with other standards in the U.S. and abroad. How the Final Rule was Developed The Access Board Initiated this update by organizing an advisory committee to review the original 508 Standards and 255 GUidelines and to recommend changes. The 41 members of the Telecommunications and Electronic and Information Technology Advisory Committee (TEITAC) comprised a broad cross-section of stakeholders representing industry, disability groups, and government agencies. Its membership also Included representatives from the European Commission, Canada, Australia, and Jap~n. The committee addressed a range of issues, Including new or convergent technologies, market forces, and international harmonization and submitted its report to the Board in April 2008. Recognizing the importance of standardization across markets worldWide, the committee coordinated Its work with standard-setting bodies in the U.S. and abroad, including the World Wide Web Consortium (W3C) and the European Commission. The Board released drafts of the rule based on the committee's report in 2010 and 2011 and followed up with an official notice of proposed rulemaking In February 2015. With each release, the Board held public hearings and solicited public comment. Over the course of this rulemaking, the Board held seven public hearings and received over 630 comments. leT REFRESH About the leT Refresh Final Rule (January 2017) Overview of the Rule Final Regulatory Impact Analysis Background Other Resources EMAIL UPDATES Sign up for updates on the ICT Refresh: !Enter Email I Subscribe I CONTACT INFORMATION Tim Creeglln (202) 272-0016 TTY: (202) 272-0073 Fax: (202) 272-0081 creagan@access- board.gov hltps:/Iwww,access-board.gov/guidelines-and-standardsfcommunications-and-itfabout-the-Ict-refresh/overview-of-the-final-rule 1/4 1216/2017 Overview of the Final Rule -United States Access Board Major Changes The final rule revises both the structure and substance of the ICT requirements to further accessibility, facilitate compliance, and make the document easier to use. MajOr changes include: restructuring provisions by functionality Instead of product type due to the increasingly multi-functional capabilities of ICT; incorporating the Web Content Accessibility Guidelines (WCAG) 2.0 by reference and applying Level A and Level AA Success Criteria and Conformance Requirements to websltes, as well as to non-web electroniC documents and software; specifying the types of non-public facing electronic content that must comply; requiring that operating systems provide certain accessibility features; clarifying that software and operating systems must interoperate with assistive technology (such as screen magnification software and refreshable braille displays); addressing access for people with cognitive, language, and learning disabilities; and harmonizing the requirements with International standards. Incorporation of the Web COntent Accessibility Guidelines (WCAG) The final rule incorporates by reference a number of voluntary consensus standards, including WCAG 2.0. Issued by the W3C's Web Accessibility Initiative, WCAG 2.0 is a globally recognized, technology-neutral standard for web content. The final rule applies WCAG 2.0 not only to web-based content, but to all electronic content. The benefits of incorporating the WCAG 2.0 into the Section 508 Standards and the 255 Guidelines and applying it in this manner are Significant. WCAG 2.0 addresses new \1 .... · .. 11/ ..... ~.r ... ® 'YJv WCAG2;Q technologies and recognizes that the characteristics of products, such as native browser behavior and plug-ins and applets, have converged over time. A substantial amount of WCAG 2.0 support material is available, and WCAG 2.0-compliant accessibility features are already built into many products. Further, use of WCAG 2.0 promotes international harmonization as it is referenced by, or the basis for, standards issued by the European CommiSSion, Canada, Australia, New Zealand, Japan, Germany, and France. Harmonization with European Commission ICY Standards Harmonization with international standards and guidelines promotes greater accessibIlity worldWide, enhances uniformity, and heightens market incentives for integrating accessibility into information and communication technology. Throughout the rulemaklng process, the Board coordinated its refresh with the European Commission's development of counterpart ICT accessibility standards. In 2014, the European CommiSSion adopted the "Accessibility requirements for public procurement of ICT products and services In Europe" (EN 301 549) which is avaifable for use by European government offiCials as technical speCifications or award criteria in public procurements of ICT products and services. The Board has worked to ensure broad harmonization between Its leT requirements and the European Commission's standards (as revised in 2015). Structure of the Rule The final rule provides parallel chapters that separately address general application and scoping of the Section 508 Standards and the Section 255 Guidelines (Chapters 1 and 2). These sections apply to both 50B-covered and 255-covered ICT functional performance criteria (Chapter 3), technical requirements for hardware and software (Chapters 4 and 5), criteria for support documentation and services (Chapter 6), and referenced standards (Chapter 7). Coverage of Electronic Content (508 Standards) Like the original 508 Standards, the updated 508 Standards apply to a federal agency's full range of public-facing content, Including websites, documents and media, blog posts, and social media sites. The final rule also specifically lists the types of non-public-facing content that must comply. This includes electronic content used by a federal agency for official bUSiness to communicate: emergency notifications, initial or final decisions adjudicating administrative claims or proceedings, Internal or external program or policy announcements, notices of benefits, program eligibility, employment opportunities or personnel actions, formal acknowledgements or receipts, questionnaires or surveys, templates or forms, educational or training materials, and web-based intra nets. "safe Harbor" for Legacy ICY Existing ICT, including content, that meets the original 508 Standards does not have to be upgraded to meet the refreshed standards unless it is altered. This "safe harbor" clause (E202.2) applies to any component or portion of ICT that complies with the existing 508 Standards and is not altered. Any https:llwww.access~board.gov/guidelines-and-standards/communications-and-itlabout-the-Ict-refresh/overvlew·of-the-final~rule 214 121612017 Overview of the Final Rule -United States Access Board component or portion of existing, compliant ICT that Is altered after the compliance date (January 18, 2018) must conform to the updated 508 Standards. Functional Performance Criteria (Chapter 3) The functional performance criteria are outcome-based provisions that address accessibility relevant to disabilities impacting vision, hearing, color perception, speech, cognition, manual dexterity, reach, and strength. These criteria apply only where a technical requirement Is silent regarding one or more functions or when evaluation of an alterntative design or technology is needed under equivalent facilitation. If a technical provision covers a particular function of hardware or software, meeting the relevant functional performance criterion is not required. The functional performance criteria require that technologies with: visual modes also be usable with limited vision and without vision or color perception; audible modes also be usable with limited hearing and without hearing; speech-based modes for input, control, or operation also be usable without speech; manual operation modes also be usable with limited reach and strength and without fine motor control or Simultaneous manual operations; and have features making its use simpler and easier for people with limited cognitive, language, and learning abilities. Technical Requirements for Hardware and Software (Chapters 4 and 5) Requirements in Chapter 4 apply to hardware that transmits information or has a user interface. Examples include computers, Information kiosks, and multi-function copy machines. These provisions address closed functionality, biometriCS, privacy, operable parts, data connections, display screens, status Indicators, color coding, audible signals, two-way voice communication, closed captioning, and audio description. Software requirements in Chapter S apply to computerized code that directs the use and operation of ICT and instructs ICT to perform a given task or function, including applications and mobile apps, operating systems, and processes that transform or operate on inFormation and data. These provisions cover the interoperability with assistlve technology, applications, and authOring tools. Support Documentation and services (Chapter 6) Access to support documentation and services For the use of ICT is also addressed. Product documentation must cover how to use the access and compatibility features required for hardware and software. Electronic documentation must comply with the requirements for electronic content. Alternate Formats must be made available upon request for documentation provided in a I o non-electronic Format. Support services, Including help desks, call centers, training services, and automated technical support must accommodate the communication needs of customers with disabilities and include inFormation on access and compatibility features. Referenced Standards (Chapter 7) In addition to WCAG 2.0, the final rule also references other voluntary consensus standards to address: ergonomics for the design of accessible software (ANSI/HFES 200.2, Human Factors Engineering of Software User Interfaces -Part 2: Accessibility) interference to hearing aids by wireless telephones (ANSI/IEEE C63.19-2011, American National Standard for Methods of Measurement of Compatibility between Wireless Communications Devices and Hearing Aids) handset generated audio band magnetic noise of wire line telephones (TIA-1083-B, Telecommunications -Communications Products-Handset MagnetiC Measurement Procedures and Performance Requirements) speech quality in digital transmissions (ITU-T Recommendation G.722.2, Series G. Transmission Systems and Media, Digital Systems and Networks or IETF RFC 6716, Definition of the Dpus Codec) audio description by digital television tuners (A/S3 Digital Television Standard, Part S: AC-3 AudiO System CharacteristiCS) accessible PDF files (ANSI/AIIM/ISO 14289-1-2016, Document Management Applications -ElectroniC Document File Format Enhancement for Accessibility -Part 1: Use of ISO 32000-1 (PDF/UA-1» keypad arrangement (1 ITU-T Recommendation E.161, Series E. Overall Network Operation, Telephone Service, Service Operation and Human Factors) Effective Date and Next Steps https:/lwww.access-board.gov/guidelines-and-standardslcommunications-and-IUabout-the-lct-refresh/overview-of-the-final-rule 3/4 1216/2017 OVerview of the Final Rule -United States Access Board Federal agencies and contractors covered by Section 508 are not required to comply with the updated 508 Standards immediately. The Rehabilitation Act gives the Federal Acquisition Regulatory Council (FAR Council) and federal agencies up to six months to incorporate the updated 508 Standards into their respective acquisition regulations and procurement policies and directives. It will be up to the FAR Council to establish the date by which new and existing procurements for 508- covered ICT must meet the updated 508 Standards. For all other non-procured ICT, federal agencies and contractors must comply with the updated 508 Standards beginning on January 18, 2018 (I.e., one year after publication of the final rule in the Federal Register). During the interim period before the updated 508 Standards take effect, the original 508 Standards continue to serve as the accessibility standard for all 50S-covered ICT. With respect to the updated Section 255 Guidelines, compliance Is not required until the guidelines are adopted by the Federal Communications Commission (FCC), which is the federal agency tasked with Implementation and enforcement of Section 255. The FCC's existing regulations under Section 255 specify accessibility requirements that largely track the Board's original Section 255 Guidelines. When the FCC initiates a rulemaking to revise its existing regulations, it has the discretion to adopt the Board's 255 Guidelines In whole or in part. Any FCC rulemaking, when completed, will specify the effective date for its updated accessibility requirements under Section 255. Further Information For further information on this rulemaklng, visit the Board's webSite at www.access-board.gov, send a message to 508@access-board.gov, or contact Bruce Bailey at (202) 272-0024 (v), (202) 272-0070 (TTY) or TImothy Creagan at (202) 272-0016 (v), (202) 272-0074 (TTY). January 2017 Contact Information U.S. Access Board 1331 F Street NW, Suite 1000 Washington, .R~ 20004-1111 Voice: (202) 272-0080 or (800) 872-2253 nY: (202) 272-0082 or (800) 993-2822 Fax: (202) 272-0081 Contact Us Accessibility Statement SiwmaD Budget and Performance En Espanol No Fear Act Data Privacy Freedom of Information Office of Special Counsel Partner Sites g1 DISABllITY.GOV ~USA.GOV gI REGULATIONS.GOV ------------- ~ ~~~E_~~L_~~~_I_~"'=~R.GOV https:/Iwww.access-boarcl.gov/guldellnes-and-standardslcommunications-and-it/about-the-Ict-refresh/overvlew-of-the-flnal-rule 4/4 C;t Service & License Agreement for South Miami, FL Hosting Renewal Contract Terms & Conditions 1. Icon Enterprises, Inc., d/b/a CivicPlus ("CivicPlus") will provide website support, maintenance and hosting for South Miami, Florida ("Client") that includes all functionality as defined in this agreement. Billing & Payment Terms 2. Fees for CivicPlus Annual Support, Maintenance & Hosting services are invoiced February 1 of relevant calendar years. 3. If the Client's account exceeds 60 days past due, Support will be discontinued until the Client's account is made current. If the Client's account exceeds 90 days past due, Annual Support, Maintenance & Hosting will be discontinued until the Client's account is made current. Client will be given 30 days notice prior to discontinuation of services for non-payment. 4. The Client will be invoiced electronically through email. Upon request CivicPlus will mail invoices and the Client will be charged a $5.00 convenience lee. 5. Provided the Client's account is current, at any time the Client may request an electronic copy of the website graphic deSigns, the page content, all module content, all importable/exportable data, and all archived information ("Customer Content"). Client agrees to pay $250 per completed request. 6. Client acknowledges and agrees that certain services for which Client is contracting hereunder may be rendered by or with third-party providers under contract with CivicPlus, and thus the cost of such services hereunder is dependent upon the financial arrangements between CivicPlus and such third-party providers. Client acknowledges and agrees that the price to Client for the services hereunder may be reasonably adjusted at any time, at CivicPlus' sole discretion, to reflect an increase in cost to CivicPlus as a result of its financial arrangement with a third-party provider. Client acknowledges and agrees that this Agreement as so modified will continue in full force and effect as otherwise provided herein, and that Client will pay any such increased price according to such other payment terms hereof. Agreement Renewal 7. The term of this Agreement shall be 5 years from February 1, 2018. 8. Either party may terminate the Annual Support, Maintenance & Hosting Agreement at the end of the contract term byprQYjding the other party with 60 days written notice, prior to the contract renewal date. 9. In the event that neither party gives 60 days notice prior to the end of the initial or any subsequent term, this Agreement will automatically renew for an additional contract term. 10. In the event of early termination of this Agreement by the Client, full payment olthe remainder olthe contractis due within 15 days of termination. 11. Each year this Agreement is in effect, a technology investment and benefit lee of 5 percent (%) of the total Annual Support, Maintenance & Hosting costs will be applied. Support 12. CivicPlus will provide unlimited telephone support Monday-Friday, 7:00 am -7:00 pm (Central Time) excluding holidays, for all trained Client staff. Emergency Support is provided on a 24171365 basis for emergency contacts named by the Client. Client is responsible for providing CivicPlus with contact updates. 13. Support includes providing technical support of the GCMS® software, application support (pages and modules), and technical maintenance of Client's website. Following initial setup, additional page design, graphic design, user training, site modification, and custom programming may be contracted separately for an additional lee. 14. During the period of this agreement and subsequent annual renewals, CivicPlus warrants that it will, without additional charge to the Client, take action to correct any problems or defects discovered in the GCMS® software and reported to CivicPlus by the Client, such warranty to include ongoing maintenance upgrades and technical error correction. 15. CivicPlus provides online website statistics software at no extra charge. If Client desires to use other website statistic software, CivicPlus will provide the necessary log file access. Intellectual Property, Ownership & Content Responsibility CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233' Accounting Ext. 291 • Support Ext. 307' Fax 785·587·8951 Page 1 of 3 C;it Service & License Agreement for South Miami, FL 16. Upon full and complete payment of submitted invoices for the Project Development and launch of the website, Client will own the Customer Content. Client will not own the GCMS® software or its associated applications and modules. 17. Upon completion of the development of the site, Client will assume full responsibility for website content maintenance and content administration. Client, not CivicPlus, shall have sale responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. 18. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the GCMS® software in any way; (ii) modify or make derivative works based upon the GCMS® software; (iii) create Internet "links" to the GCMS® software or "frame" or "mirror" any GCMS® administrative access on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the GCMS® software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the GCMS® software, or (c) copy any ideas, features, functions or graphics of the GCMS®software. 19. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the GCMS® software are trademarks of CivicPlus, and no right or license is granted to use them. Taxes 20. It is CivicPlus' policy to pass through sales tax in those jurisdictions where such tax is required. If the Client is tax-exempt, the Client must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and this agreement will not be taxed. If the Client's state taxation laws change, the Client will begin to be charged sales tax in accordance with their jurisdiction's tax requirements and CivicPlus has the right to collect payment from the Client for past due taxes. Acceptance We, the undersigned, agreeing to the conditions speCified in this document, understand and authorize the provision of services outlined in this Agreement. Client CivicPlus Date Date Sign and E .... ail the entire contract with exhibits to: Contracts@CivicPlus.com We will e-mail a counter-signad copy of the contract back to you so we can begin your project. CivicPlus does not require a physical copy of the contract, however, if you would like a physical copy of the contract, mail one (1) copy of the contract with original Signature to: CivicPlus Contract Manager 302 S. 4~ Street, Sutte 500 Manhattan, KS 66502 Upon receipt of signad original, we will counter-sign and retum the copy for your files. CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233' Accounting Ext. 291 • Support Ext. 307 -Fax 785-587-8951 Page 2 of3 c;t Service & License Agreement for South Miami, FL Annual Support, Maintenance and Hosting Fee 2019 Total Annual Fees Includes SSL Certificate and + 1 0 CRT User Licenses $6,128.25 Effective through February 1, 2019 (subject to 5% annual increase) . 2020 Total Annual Fees Includes SSL Certificate and +10 CRT User Licenses $6,434.66 Effective throllgh.February 1, 2020 (subject to 5% annual increase) 2021 Total Annual Fees I neludes SSL Certificate and + 10 CRT User Licenses Effective through February 1, 2021 (subject to 5% annual increase) $6,756.39 2022 Total Annual Fees IneludesSSL Certificate and +10 CRT User Licenses $7,094.21 Effective through February 1, 2022 (subject to 5% annual increase) 2023 Total·AnnllalFees Includes SSL Certl6'c:ate.and+10 CRT User Licenses $7,448.92 Effective tlIrolKllrFcliruarv1, 2023 (subject to 5% annual increase) Annual Support,Maintenance & Hosting Service Include the following: Support Maintenance of CivlcPlus Hosting Application & Modules 7 a.m. -7 p.m. (CST) Monday -Friday Install Service Patches for OS 1x SSL Certificate (excluding holidays) System Enhancements Shared Web/SOL Server 2417 Emergency Support Fixes Monitor Bandwidth·Router Traffic Dedicated Support Personnel Improvements Redundant ISP 4·hour Response During Normal Hours Integration Redundant Cooling Usability Improvements Testing Diesel Powered Generator Integration of System Enhancements Development Daily Tape Backup Proactive Support for Updates & Fixes Usage License Intrusion Detection & Prevention Online Training Manuals Antivirus Protection Monthly Newsletters Upgrade Hardware Routine Follow·up Check-ins CivicPlus Connection CivicPlus • 302 S. 4th Street. Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233' Accounting Ext. 291 • Support Ext. 307' Fax 785-587-8951 Page 3 of 3 c~ CIVICPLUS HELPING COMMUNITIES ENGAGE & INTERACT To Whom It May Concern, This letter serves to notify you that CivicPlus, Inc. is the sole provider of the CivicEngage Content Management System (CivicEngage) and associated product and service package that enables municipal website administrators to manage critical aspects of their online presence. CivicEngage differs from other content management software in that it has been optimized for use by government entities. Not only have many of the applications been developed specifically for use by municipal governments, but CivicEngage is also hosted at a network operations center dedicated to serving local government websites. Included in the standard CivicPlus development package are applications that are unique to the CivicPlus' CivicEngage, like a citizen request management and mapping tool. Applications like these may be available at a much higher cost from other vendors; however, CivicPlus is the sale provider of these applications as a part of an all-inclusive, standardized content management system, CivicEngage. No other organization offers our unique product and service package, coupling our CMS with some of the most useful web applications available to municipal governments. Regards, J~4~+ Tim Grant. CivicPlus Director of Sales Main 888-228-2233 Fax 785-587-8951 Grant@CivicPlus.com • www.CivicPlus.com Federal Tax 10 48-1202104 GSA Contract #GS-35F-0124U CORPORATE OFFICE 302 South 4th Street, Suite 500 Manhattan, KS 66502 888.228.2233 + FAX 785.587.8951 +CivicPlus.com CIVICPLUS· To the leadership of South Miami: We are pleased to announce that AudioEye is the exclusive ADA solutions partner of CivicPlus. After careful review of several leading ADA solutions, we chose AudioEye for their industry leadership and their unique automated solution. We found the AudioEye approach and solution superior to others on the market. AudioEye is sole solution that CivicPlus offers in the ADA space. About AudioEye: Founded in 2005 as an R&D company, AudioEye introduced its first-generation products in 2013 and in 2016, launched the current generation of products and enhanced tools for usability. As the only technology-first company in the digital accessibility space, AudioEye offers SaaS for website remediation for efficiency and creating speed-to-compliance with ADA-related digital accessibility requirements If you have any questions or concerns, or you would like to learn more, feel free to reach out to me directly. Don Torrez Product Strategy 913 7061069 302 S. 4th Street I Manhattan. KS 66502 I 888.228.2233 I www.civicplus.com MIAMI DAILY BUSINESS REVIEW Published Daily except Salurda)', Sunday and Legal Holidays Miami. Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared JOHANA OLIVA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published al Miami in Miami-Dade County, Florida; that the attached copy of adveriisement, being a Legal Advertisement of Notice in the matter of NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI -FEB_ 20, 2018 in the XXXX Court, was published in said newspaper in the issues of 02109/2018 Affiant furiher says that the sa-rd Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day (except Saturday, Sunday and legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspape r cln 011" SOUTH MIAMi i'JO,iCE @11' PIJI~II.!© iHlI!!lA!1!DINI@ NOTICE IS HEREBY given that the City Ccim':lission of th.e City of ~ci~th Miami, Florida will conduct Public Hearing(s) at Its·regul~r ?Ity Commission meeting scheduled for Tuesday, February 20, 2018, be~Jnnlng at 7:?D. p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s):. . . ( A ResP/ution authorizing the City Manager to ente~ ~nto a mUlti-'ye.ar) renewal agreement with Icon Enterprises, Inc., d/b/a ?IVlcPlus for w~b~lte . support, maintenan~e and hosting services and a flv-year subscnptlofl for AudidEye. ' . A Resolution authorizing the City·Manager to enter into mUlti-Year agreement with Metro Express, Inc.,-by piggybacking onto its agreement with the City of Miami Gardens. An Ordinance amending Section 20-3.3(E) of the City of South Miami Land Development Code permitting Outdoor Seating/Dining on all commercial properties that are within the Hometown District Overlay Zone (HO). An Ordinance amending the City's -~and Development COde, Section 20-3.3(0) and Section 20-7.12(A) and Section 20-3.4(8), regarding restaurant uses •. An Ordinance amending Section 20-2.3 (definitions) as well as Sections 20-3.1(8) and 20-3.3(0) (relating to. the purpose statement and uses permitted for the Parks and Recreation zoning district) of the City's Land Development Code. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC .city Clerk Pursuarit to' Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decisio~ mad~ by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of th'e proceedings, and that for such ! purpose, affected person may need to ensure that a verbatim record of the I proceedings is made which record includ.es the testimony and evidence' upon which the appeal is to be based. 2/9 18-4310000295671 M 225E I I NEIGHBORS www.Chinesenew year.festivalmiami .. or9. ~ Chinese Cultural Foundation ~ tp I) 'If " •• 1" y,,, :',:h,' Dog Chinese New Year Festival Sunday, Februal'y 18,2018 -11:00 am to 6:00 pm Exotic Asian Food It Art and Crafts. Cultural Shows FEATURING: ~ • Sln<>elit<! A~~"b3!~ Q) • Maburiz.1l T~liw Drums Qf Oi'MY. Epoot E • CASEC Oaneero ... • Lion ""d DT~~O" [)~n"" o • M~n9.,JjHn Conl<)rt)"";SI _ • Lily D~nc" Club Qj • Jj~~I~ Ca~ S,,:pmnQ a. • Soul cj Sha~hn A~ot<l~n'y QI ACTIVITIES: _ • Chrldren'. ?Iaygmund = • Ro~k CHmbl"g (l) • SO"""," H"u~e o • Chule Slid" C Vi Chine-se Cultural Association Ol"9anization of Chinese Americans c» Show Tlm~~: 12:30& 3:30 pm J:: InforrnatiQn: 30S.S9S-0SS1 I-O~~e: paS) n:J-lOGU, Z79-1137 Adult: $10.00 • Chil<lro" und<>c 12: S5.00 Ch[ldron ~ &~nd~c, FREE Miami Oade CoUege-Kendall I F'n>d Shaw PIMa ' "Dl1S\"1'Q."~""",!iI1""I_F1_33m, _!:~~,~"",~~~~ING I l1U .. Sponso~ iIAI .lIDELTANA --~ "\-.'::l"~""~~"'~~,*~··~ml'"l'<li2\~to1lwl~~~H"""""""'~b~IilltJ:l!t<IUTho~WI __ ~t..-~_to!'i>#1:'<AA!~"'I'~"~_"&'I)fro .......... or.!i;tT .. ~_.;arb;mI!",a_tl!III!_12bm"~ll! v~",~o.o;..l'llI!IlO""$:IIlh."",;;a~tt~_f:3m~""(ts\Olt,_«""*,,,oi' ..... \!:>XI ... ,,~t,",\Q':«"f I SUNDAY FEBRUARY 11 2018 MIAMIHERALD.COM 3···DH . O .(O\" Q"" 'f,\ o ' ~. I g o -o • .. 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