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Res No 151-23-16084RESOLUTION NO. 151-23-16084 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A MULTI- YEAR AGREEMENT WITH CIVICPLUS LLC FOR WEBSITE DESIGN, SUPPORT, MAINTENANCE, AND HOSTING SERVICES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR CORRECTIONS AND AN EFFECTIVE DATE. WHEREAS, on February 20, 2018, the City of South Miami (the °City") Commission adopted Resolution No. 028-18-15060 authorizing the City Manager to enter into a five-year renewal agreement with CivicPlus, LLC (the "Vendor") for website design, support, maintenance, and hosting seivices ("Seivices,,); and WHEREAS, Section 5 of Article III of the City Charter provides that all purchases in excess of $5,000 shall be approved by the City Commission after competitive conditions have been maintained and competitive bids sought from at least three different sources of supply, if available, with such detennination to be made by the City Commission; and WHEREAS, the City has determined that the Vendol' is the sole provider of the Seivices for the City's website; and WHEREAS, the Vendor has provided the City with a multi-year Master Services Agreement, attached hereto as Exhibit "A" (the "Agreement"), and a quote, attached hereto as Exhibit "B" (the '~Quote"), for the provision of the Setvices over a five-year term; and WHEREAS, the Quote provides for the cost of the Services in the amount of $22,687.36 for year 1 and 5% annual increases each year therealler, for a total amount of $125,361.99 over five years; and WHEREAS, the City Commission desires to authorize the City Manager to negotiate and enter into the Agreement, in substantially the form attached hereto as Exhibit "A," with the Vendor Page 1 of3 Res. No. 1 S 1-23-16084 in an amount not to exceed $125,361.99 based on the Vendor's Quote attached hereto as Exhibit "B"; and WHEREAS, the cost of the Services for year 1 shall be funded and charged to uMaintenance -Internet Service" Account No. 00 l-1340-513-4634, with a balance of $181,320 prior to this request; and WHEREAS, the City Commission finds that this Resolution is in the best interest and welfare of the city. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AS FOLLOWS: Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Approval and Autho1ization. That the City Commission hereby approves and authorizes the City Manager to negotiate and execute the Agreement, in substantially the fonn attached hereto as Exhibit "A," with the Vendor on behalf of the City in an amount not to exceed $125,361.99 based on the Vendor's Quote attached hereto as Exhibit "B,,, subject to the approval of the City Attorney as to fo1m, content, and legal sufficiency. Section J. Implementation. The City Manager is hereby authorized to take all actions necessary to implement this Resolution and the Agreement. Section 4. Co1·1·ectio11s. Conforming language or technical scrivener-type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Page 2 ofJ Res. No. 151-23-1 6084 Section 5. Effective Date. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 71" day of November, 2023. ATTEST: READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF WEISS ~COLE & BIERMAN, P.L. CITY ATTORNEY APPROVED: COMMISSION VOTE: Mayor Fernandez: Vice Mayor Bonich: Commissione r Calle: Commi ssioner Liebman: Commiss ione r Corey: Page 3 of3 5-0 Yea Yea Yea Yea Yea Agenda Item No:12. City Commission Agenda Item Report Meeting Date: November 7, 2023 Submitted by: Steven Kulick Submitting Department: Finance Department Item Type: Resolution Agenda Section: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND ENTER INTO A MULTI-YEAR AGREEMENT WITH CIVICPLUS LLC FOR WEBSITE DESIGN, SUPPORT, MAINTENANCE, AND HOSTING SERVICES; PROVIDING FOR IMPLEMENTATION; PROVIDING FOR CORRECTIONS AND AN EFFECTIVE DATE. 3/5 (CITY MANAGER) Suggested Action: Attachments: CM_Memo_CivicPlus_Web_Hosting_Sole_Source__1_.docx 47L5941-Resolution Authorizing Agreement with CivicPlus for Website Design Support Maintenance and Hosting Services.DOCX Exhibit A - CivicPlus Master Services Agreement March 2023.pdf Exhibit B - South Miami CivicPlus Renewal.pdf Reso 028-18-15060.pdf v2Sun Biz CivicPlus.pdf MDBR Ad.pdf MH Ad.pdf 1 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor, Vice Mayor, and Members of the City Commission FROM:Genaro “Chip” Iglesias,City Manager DATE:November 7, 2023 SUBJECT:City Website Support, Maintenance,and Hosting Services RECOMMENDATION: Authorize the City Manager to negotiate and enter into a multi-year agreement with Civicplus LLC for website design, support, maintenance, and hosting services in the amount of $22,687.36 for year 1 and 5% annual increases each year thereafter, for a total amount of $125,361.99 over five years. BACKGROUND: The City entered into a sole source five-year contract with Icon Enterprises, Inc., d/b/a CivicPlus authorized by Resolution 028-18-15060, dated, February 20, 2018,for web hosting maintenance and support and related website subscriptions. CivicPlus, now known as CivicPlus LLC, is the City’s sole web designer for the City’s website. The City is responsible for the content published on the web; CivicPlus provides the platform, design,and support for the maintenance of the website. In addition to website design, the agreement includes website support, maintenance,and hosting services. Included in the agreement is AudioEye, a feature designed for the visually impaired. In addition to technical software support, maintenance services,and user training when needed, the agreement includes online support Monday through Friday, 7:00 AM to 7:00 PM CST,and; 24/7 after-hours telephone support. The City recommends executing the website support, maintenance,and hosting renewal agreement including the subscription for the AudioEye ADA complaint software, to ensure this vital link between the City and the public is maintained and fully operational. CivicPlus designs, maintains, and supports the website, therefore it is considered a sole source provider for these services. The cost for Annual Support, Maintenance,Hosting Services,and AudioEye for Year 1 of the five-year term is $22,687.36. Subsequent 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM renewals are subject to a maximum 5% annual increase and are summarized below: Annual Recurring Services are Subject to a Maximum 5% Increase YEAR DNS WEB HOSTING & AUDIO EYE YEAR 1 $22,687.36 YEAR 2 $23,821.73 YEAR 3 $25,012.81 YEAR 4 $26,263.46 YEAR 5 $27,576.63 FUNDING:$22,687.36 for Year 1 of the five-year term will be charged to account no. 001-1340-513-4634, with a balance of $181,320 prior to this request. ATTACHMENTS:Resolution Resolution No. 028-18-15060 Renewal Notice Master Services Agreement Sun Biz CivicPlus LLC 3 civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 CivicPlus Master Services Agreement This Master Services Agreement (this “Agreement”) governs all Statements of Work (“SOW”) entered into by and between CivicPlus, LLC (“CivicPlus”) and the customer entity identified on the SOW (“Customer”). This Agreement governs the use and provision of any Services purchased by Customer, as described in any signed SOW, and the effective date of this Agreement shall commence on the date of signature of the SOW (“Effective Date”). If a SOW has not been executed, then the Effective Date shall be determined as the start date of implementation of any software solution by CivicPlus for Customer. CivicPlus and Customer referred to herein individually as “Party” and jointly as “Parties”. Recitals I. WHEREAS, CivicPlus is engaged in the business of developing and providing access to proprietary community engagement and government content, workflow, and general manag ement software solutions, platforms and associated services (the “Services”); and II. WHEREAS, Customer wishes to engage CivicPlus for the procurement of the Services and/or receive a license subscription for the ongoing use of the Services, as set forth in the SOW; NOW, THEREFORE, Customer and CivicPlus agree as follows: Agreement Term & Termination 1. This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any SOW is in effect between CivicPlus and Customer, or Services are being provided by CivicPlus to Customer, unless terminated in accordance with this §1 or as otherwise provided in this Agreement (the “Term”). Either Party may terminate this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to the other Party, if the other Party materially breaches any provision of this Agreement and does not substantially cure the breach within thirty (30) days after receiving notice of such breach. A delinquent Customer account remaining past due for longer than 90 days is a material breach by Customer and is grounds for CivicPlus termination. CivicPlus reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, Customer’s non-payment. Upon termination for Customer’s breach, Customer’s right to access or use Customer Data immediately ceases, and CivicPlus shall have no obligation to maintain or forward any Customer Data. 2. Upon termination of this Agreement or any SOW for any reason, (a) the licenses granted for such relevant SOW by §11 below will terminate and Customer shall cease all use of the CivicPlus Property and Services associated with the terminated SOW and (b) any amounts owed to CivicPlus for work performed prior to termination shall immediately become due in full and payable. If Customer has paid in advance for the Services, and thi s Agreement terminates due to material breach of this Agreement by CivicPlus, CivicPlus shall refund Customer a prorated amount of any amount already paid. Upon termination by Customer for convenience or due to material breach by Customer, in addition to a ny remedy 7 civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 provided in this Agreement or provided in law or equity, CivicPlus shall be entitled to retain any amounts already paid. Sections 7, 8, 10, 14, 15, 18, 32 -34, 40, and 42 will survive any expiration or termination of this Agreement. 3. At any time during the Term, CivicPlus may, immediately upon notice to Customer, suspend Customer and any of its Users access to any Service due to a threat to the technical security or technical integrity of the Services. Invoicing & Payment Terms 4. Customer will pay the amounts owed to CivicPlus for the development and implementation of the Customer’s Services, as defined in the SOW (“Project Development”), subscription and licensing, and annual hosting, support and maintenance services (“Annual Recurring Services”) in accordance with the payment schedule set forth on the applicable SOW. Invoices shall be sent electronically to the individual/entity designated in the SOW’s contact sheet that is required to be filled out and submitted by Customer (the “Contact Sheet”). Customer shall provide accurate, current and complete information of Customer’s legal business name, address, email address, and phone number in the Contact Sheet upon submission of a signed SOW. Customer will maintain and promptly update the Contact Sheet information if it should change. Upon Customer’s request, CivicPlus will mail hard -copy invoices for a $5.00 convenience fee to be added to the mailed invoice. 5. Each SOW will state the amount of days from date of invoice payment is due. Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month or the maximum rate permitted by applicable law, whichever is less, will be added to past due accounts from due date until paid. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). If the Customer's account exceeds 60 days past due, support will be discontinued until the Customer's account is made current. If the Customer's account exceeds 90 days past due, CivicPlus may suspend in progress Project Development and Annual Recurring Services will be discontinued, and the Customer will no longer have access to the Services until the Customer's account is made current. Customer will be given 15 days’ notice prior to discontinuation of Services for non-payment. 6. During the performance of Project Development, if Customer requests a change that requires repeated efforts to previously approved work product and such change causes CivicPlus to incur additional expenses (i.e. airline change fees, resource hours, consultant fees, Customer does not show up for scheduled meetings or trainings), Customer agrees to reimburse CivicPlus for such additional expenses. CivicPlus shall notify Customer prior to incurring such expenses and shall only incur those expenses which are approved by Customer. Ownership & Content Responsibility 7. Upon full and complete payment of amounts owed for Project Development under the applicable SOW, Customer will own any website graphic designs, Services content, module content, importable/exportable data, and archived information (“Customer Content”) created by CivicPlus on behalf of Customer pursuant to this Agreement. “Customer Content” also includes, without limitation, any elements of text, graphics, images, photos, audio, video, designs, artworks, logos, trademarks, services marks, and other materials or content which Customer provides to CivicPlus for processing, transmission, storage, or inputs into any website, software or module in connection with any Services. Customer Content excludes any content in the public domain and any content owned or licensed by CivicPlus, whether in connection with providing Services or otherwise. 8. Upon completion of the Project Development, Customer will take over the management and control of the Services and Customer will assume full responsibility for Customer Content maintenance and administration. Customer, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and 8 civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 intellectual property ownership or right to use of all Customer Content. Customer hereby grants CivicPlus a worldwide, non-exclusive right and license to reproduce, distribute and display the Customer Content as necessary to provide the Services. Customer represents and warrants that Customer owns all Customer Content or that Customer has permission from the rightful owner to use each of the elements of Customer Content an d that Customer has all rights necessary for CivicPlus to use the Customer Content in connection with providing the Services. Customer agrees that CivicPlus shall not be responsible or liable for the content of messages created by Customer or by Customer’s Users or end-users who access Service. Notwithstanding the foregoing, CivicPlus retains the right, but not the obligation, to remove any Customer Content that is libelous, harassing, abusive, fraudulent, defamatory, excessively profane, obscene, abusive, hate related, violent, harmful to minors, that advocates racial or ethnic intolerance, intended to advocate or advance computer hacking or cracking, or other material, products or services that violate or encourage conduct that would violate any laws or third- party rights. 9. At any time during the term of the applicable SOW, Customer will have the ability to download the Customer Content and export the data that is processed through the Services (“Customer Data”). Customer may request CivicPlus t o perform the export of Customer Data and provide the Customer Data to Customer in a commonly used format, at any time, for a fee to be quoted at time of request and approved by Customer. Upon termination of the applicable SOW for any reason, whether or not Customer has retrieved or requested the Customer Data, CivicPlus reserves the right to permanently and definitively delete the Customer Content and Customer Data held in the Services thirty (30) days following termination of the applicable SOW. During the thirty (30) day period following termination of the SOW, regardless of the reason for its termination, Customer will not have access to the Services. 10. Intellectual Property in the software or other original works created by or licensed to CivicPlus, including all software source code, documents, and materials used in performing the Services (“CivicPlus Property”) will remain the property of CivicPlus. CivicPlus Property specifically excludes Customer Content. Customer shall not (i) license, sublicense, sell, resell, reproduce, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way, except as specifically provided in the applicable SOW; (ii) adapt, alter, modify or make derivative works based upon any CivicPlus Property; (iii) create internet “links” to the CivicPlus Property software or “frame” or “mirror” any CivicPlus Property administrative access on any other server or wireless or internet-based device that may allow third party entities, other than Customer, to use the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain the software source code to all or any portion of the Services; (v) make any attempt to gain unauthorized access to the Services and/or any of CivicPlus’ systems or networks; or (vi) access any CivicPlus Property in order to: (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or grap hics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them outside of the licenses set forth in this Agreement. 11. Provided Customer complies with the terms and conditions herein, the relevant SOW, and license restrictions set forth in §10, CivicPlus hereby grants Customer a limited, nontransferable, nonexclusive, non-assignable license to access and use the CivicPlus Property associated with any valid and effective SOW, for the term of the respective SOW. The license set forth herein, shall only apply to the extent that Customer is using the Services for legitimate business use as intended by the purpose of the Services and not for the purpose of comparing the Services to a competitor or similar product of CivicPlus. Customer hereby warrants and affirms its purpose in accessing or otherwise using the Services is for their intended purpose only and understands and agrees that any other use shall be considered frau d. 12. All CivicPlus helpful information and user’s guides for the Services (“Documentation”) are maintained and updated electronically by CivicPlus and can be accessed through the CivicPlus “Help Center”. CivicPlus does not provide paper copies of its Documentation. Customer and its Users are granted a limited license to access Documentation as needed. Customer shall not copy, download, distribute, or make derivatives of the Documentation. 13. Customer acknowledges that CivicPlus may continually develop, alter, deliver, and provide to the Customer ongoing 9 civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 innovation to the Services, in the form of new features and functionalities. CivicPlus reserves the right to modify the Services from time to time. Any modifications or improvements to the Services listed on the SOW will be provided to the Customer at no additional charge. In the event that CivicPlus creates new products or significant enhancements to the Services (“New Services”), and Customer desires these New Services, then Customer will have to pay CivicPlus the appropriate fee for the access to and use of the New Services. CivicPlus shall use its reasonable best efforts to provide workarounds in the event any modification to the Services causes Customer to lose substantial functionality of the Services. 14. CivicPlus in its sole discretion, may utilize all comments and suggestions, whether written or oral, furnished by Customer to CivicPlus in connection with its access to and use of the Service s (all reports, comments and suggestions provided by Customer hereunder constitute, collectively, the “Feedback”). Customer hereby grants to CivicPlus a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate the Feedback in the CivicPlus products and services. Indemnification 15. CivicPlus will defend at its expense or settle any third -party claim against Customer alleging that the Services provided under this Agreement infringe intellectual property rights. CivicPlus will pay infringement claim defense costs, CivicPlus–negotiated settlement amounts, and damages finally awarded by a court. CivicPlus has no obligation for any claim of infringement arising from Customer's use of the Services for purposes not contemplated by this Agreement. CivicPlus’s indemnification obligations under this Section 15 are conditioned upon the Customer (i) promptly notifying the CivicPlus of any claim in writing; (ii) cooperating with CivicPlus in the defense of the claim; and (iii) granting CivicPlus sole control of the defense or settlement of the claim . The indemnification obligations of CivicPlus herein shall not apply to any claims of intellectual property infringement related to Client Content. Responsibilities of the Parties 16. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier, licensor or other third-party service provider whose facilities or services are used in furnishing any portion of the Service received by the Customer. 17. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Customer or any entity employed/contracted on the Customer’s behalf. During Project Development, Customer will be responsive and cooperative with CivicPlus to ensure the Project Development is completed in a timely manner. • 18. Customer agrees that it is solely responsible for the end-user’s personal data that Customer decides to solicit, collect, store, or otherwise use in connection with any Service provided by CivicPlus. Customer understands and agrees that CivicPlus provides certain solutions with increased security measures for the solicitation and storage of any sensitive data, and it is Customer’s responsibility to determine whether the data it solicits and collects should be stored in such solutions. Customer understands and agrees that CivicPlus does not have knowledge or control over what type of data Customer solicits therefore CivicPlus has no responsibility for the use or storage of end-users’ personal data in connection with the Services or the consequences of the solicitation, collection, storage, or other use by Customer or by any third party of any personal data. Customer has the sole control and responsibility over the determination of which data and information shall be included in the content that is to be transmitted and stored by CivicPlus. Customer shall not provide to CivicPlus or allow to be provided to CivicPlus any content that (a) infringes or violates any 3rd party’s intellectual property rights, rights of publicity or rights of privacy, (b) contains any defamatory material, or (c) violates any federal, state, local, or foreign laws, regulations, or statutes. 10 civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 19. Customer is responsible for all activity that occurs under Customer's accounts by or on behalf of Customer. Customer agrees to (a) be solely responsible for all designated and authorized individuals chosen by Customer (“User”) activity, which must be in accordance with this Agreement and the CivicPlus Terms of Use; (b) be solely responsible for Customer Data; (c) obtain and maintain during the term all necessary consents, agreements and approvals from end-users, individuals or any other third parties for all actual or intended uses of information, data or other content Customer will use in connection with the Services; (d) use commercially reasonable efforts to prevent unauthorized access to, or use of, any User’s log-in information and the Services, and notify CivicPlus promptly of any known unauthorized access or use of the foregoing; (e) use commercially reasonable efforts to prevent unauthorized access to or use of the Services a nd CivicPlus Property and shall promptly notify CivicPlus of any unauthorized access or use of the Services and/or CivicPlus Property and any loss or theft or unauthorized use of any n User's password or username and/or personal information ; and (f) use the Services only in accordance with applicable laws and regulations. 20. The Parties shall comply with all applicable local, state, and federal laws, treaties, regulations, and conventions in connection with its use and provision of any of the Services or CivicPlus Property. 21. CivicPlus shall not be responsible for any act or omission of any third -party vendor or service provider that Customer has selected to integrate any of its Services with. 22. Customer understands that CivicPlus must fastidiously allocate resources across all of its customers and specifically reserves necessary resources for Customer’s Project Development. If any professional services, such as consulting or training, purchased by Customer are not used during the Project Development phase solely due to the inaction or unresponsiveness of Customer, then these services shall expire 30 days after completion of Project Development. The Customer may re-schedule any unused professional services during this 30-day period as mutually agreed upon by the Parties. Any professional services that have not been used or rescheduled shall be marked as complete and closed upon the expiration of the 30-day period. Data Security 23. CivicPlus shall, at all times, comply with the terms and conditions of its Privacy Policy. CivicPlus will maintain commercially reasonable administrative, physical, and technical safeguards designed to protect the security and confidentiality of Customer Data. CivicPlus will not modify Customer Data or disclose Customer Data, except (a) in order to provide the Services; (b) to prevent or address service or technical problems in connection with support matters; (c) as specifically directed or expressly permitted in writing by Customer, (d) in compliance with our Privacy Policy; or (f) if compelled by law. Notwithstanding the foregoing, CivicPlus reserves the right to delete, suspend, or block known malicious accounts without Customer authorization. Customer understands that CivicPlus has no obligation to provide the Services or maintain the Customer Data, information or other material if Customer’s accounts are past du e and unpaid as set forth in this Agreement. 24. Customer acknowledges and agrees that CivicPlus utilizes third-party service providers to host and provide the Services and store Customer Data and the protection of such data will be in accordance with such third party’s safeguards for the protection and the security and confidentiality of Customer’s Data. Notwithstanding anything to the contrary, CivicPlus shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and CivicPlus will be free (during and after the term hereof) to use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other CivicPlus offerings. 25. CivicPlus may offer Customer the ability to use third-party applications in combination with the Services. Any such third-party application will be subject to acceptance by Customer. In connection with any such third-party application 11 civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 agreed to by Customer, Customer acknowledges and agrees that CivicPlus may allow the third-party providers access to Customer Data as required for the interoperation of such third-party application with the Services. The use of a third-party application with the Services may also require Customer to agree to a separate agreement or terms and conditions with the provider of the third-party application, which will govern Customer's use of such third -party application. 26. In the event of a security breach due to the sole negligence, malicious actions, omissions, or misconduct of CivicPlus, CivicPlus, as the data custodian, will comply will all remediation efforts as required by applicable federal and state law. CivicPlus Support 27. CivicPlus will use commercially reasonable efforts to perform the Services in a manner consistent with applicable industry standards, including maintaining Services availability 24 hours a day, 7 days a week with 99.9% uptime. Customer will have 24/7 access to the online CivicPlus Help Center (civicplus.help) to review use articles, software best practices, receive maintenance release notes, as well as submit and monitor omni-channel support tickets and access solution specific support contact methods (https://www.civicplus.help/hc/en-us/requests/new). 28. CivicPlus provides live support engineers based in the domestic United States to respond to basic questions concerning use and configuration, to diagnose software code-related errors, and proactively identify potential systems issues. CivicPlus support engineers serve a preliminary function in the agile development process and escalate defects to software developers or architects for remediation. For security purposes, CivicPlus support engineers are not permitted to modify user accounts, and permissions nor distribute access outside of accounts established by means of a support interaction for testing. Customer delegated Users may receive tutorials and guidance on account modifications but will perform the action themselves. 29. CivicPlus support hours span between the hours of 7 am to 7 pm CST, but may vary by product. Customer may access the CivicPlus Help Center (civicplus.help) to obtain each product’s support hours. After hours support is available by toll- free phone call only. Non-emergency support requested outside of support hours will be subject to additional fees, such fees will be quoted to Customer at the time of the request and will be subject to Customer acceptance and invoiced the next business day following the non-emergency support. CivicPlus shall have the sole discretion to determine in good faith whether support requests qualify as an emergency, exceed reasonable use or are outside the scope of services outlined in any SOW. 30. If a reported problem cannot be solved during the first support interaction, Customer will be provided a ticket number that will be used as communication method throughout ticket escalation until a solution is provided. Support service does not include support for errors caused by third party products or applications for which CivicPlus is not responsible. Marketing 31. Customer hereby authorizes CivicPlus to include CivicPlus’s name and logo inconspicuously within the Client’s instance of the Services. Customer may publicly refer to itself as a customer of the CivicPlus Services, including on Customer's website and in sales presentations. Notwithstanding the foregoing, each Party hereby grants the other a limited, worldwide, license to use the other’s logo in conformance with such Party’s trademark usage guidelines and solely for the purposes of providing the Services. In no event will either Party issue a press release publicly announcing this relationship without the approval of the other Party, such approval not to be unreasonably withheld. 12 civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 Limitation of Liability 32. CivicPlus’ liability arising out of or related to this Agreement, or any associated SOW, will not exceed the amounts paid by Customer for the Annual Recurring Services in the year prior to such claim of liability. 33. In no event will CivicPlus be liable to Customer for any consequential, indirect, special, incidental, or punitive damages arising out of or related to this Agreement. 34. The liabilities limited by Section 32 and 33 apply: (a) to liability for negligence; (b) regardless of the form of action, whether in contract, tort, strict product liability, or otherwise; (c) even if Customer is advised in advance of the possibility of the damages in question and even if such damages were foreseeable; and (d) even if Customer’s remedies fail of their essential purposes. If applicable law limits the application of the provisions of this Limitation of Liability section, CivicPlus’ liability will be limited to the maximum extent permissible. Warranties and Disclaimer 35. Each person signing the SOW, or otherwise agreeing to the terms of this Agreement, represents and warrants that he or she is duly authorized and has legal capacity to execute and bind the respective Party to the terms and conditions of the SOW and this Agreement. Each Party represents and warrants to the other that the execution and delivery of the SOW and the performance of such Party’s obligations thereunder have been duly authorized and that this Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. Customer represents and warrants that Customer has not provided any false information to gain access to the Service and that Customer’s billing information provided on the Contact Sheet is correct; and it has all necessary rights in the Customer Content to permit Customer’s use of the Service and to grant the licenses contained in this Agreement without infringing the intellectual property or other rights of any third parties, violating any applicable laws, or violating the terms of any license or agreement to which it is bound. 36. CivicPlus warrants that the Services will perform substantially in accordance with documentation and marketing proposals, and free of any material defect. CivicPlus warrants to the Customer that, upon notice given to CivicPlus of any defect in design or fault or improper workmanship, CivicPlus will remedy any such defect. CivicPlus makes no warranty regarding, and will have no responsibility for, any claim arising out of: (i) a modification of the Services made by anyone other than CivicPlus, even in a situation where CivicPlus approves of such modification in writing; or (ii) use of the Services in combination with a third-party service, web hosting service, or server not authorized by CivicPlus. 37. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by CivicPlus or by third-party providers, or because of other causes beyond CivicPlus's reasonable control, but CivicPlus shall use reasonable efforts to provide advance notice in writing or by e -mail of any scheduled service disruption. HOWEVER, SERVICE PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES.EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS AND CIVICPLUS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A PRIOR COURSE OF DEALING. 38. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY CIVICPLUS TO CUSTOMER AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN 13 civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. Force Majeure 39. No party shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by force majeure, meaning any act of God, storm, pandemic, fire, casualty, unanticipated work stoppage, strike, lockout, labor dispute, civil disturbance, riot, war, national emergency, act of public enemy, internet service provider failure or delay, third party application failure, denial of service attack, or other cause of similar or dissimilar nature beyond its control. Taxes 40. The amounts owed for the Services exclude, and Customer will be responsible for, all sales, use, excise, withholding and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity in connection with the Services (excluding taxes based solely on CivicPlus’s income). If the Customer is tax-exempt, the Customer must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and the fees owed by Customer under this Agreement will not be taxed. If such exemption certificate is challenged or held invalid by a taxing authority then Customer agrees to pay for all resulting fines, penalties and expenses. Other Documents 41. This Agreement, including all exhibits, amendments, and addenda hereto and all SOWs, constitutes the entire agreement between the Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement or any SOW will be effective unless in writing and signed by each Party. However, to the extent of any conflict or inconsistency between the provision in the body of this Agreement and any exhibit, amendment, or addenda hereto or any SOW, the terms of such exhibit, amendment, addenda or SOW will prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or other order documentation (excluding SOWs) will be incorporated into or form any part of this Agreement, all such terms or conditions will be null and void, unless such term is to refer and agree to this Agreement. Interlocal Purchasing Consent/ Cooperative Purchasing 42. With the prior approval of CivicPlus, which may be withheld for any or no reason within CivicPlus’s sole discretion, this Agreement and any SOW may be extended to any public entity in Customer’s home -state to purchase at the SOW prices and specifications in accordance with the terms stated herein. 43. To the extent permitted by law, the terms of this Agreement and set forth in one or more SOW(s) may be extended for use by other local government entities upon execution of a separate agreement, SOW, or other duly signed writing by and between CivicPlus and such entity, setting forth all of the terms and conditions for such use, including applicable fees and billing terms. 14 civicplus.com | 302 South 4th Street, Suite 500 | Manhattan, KS 66502 | 888-228-2233 Miscellaneous Provisions 44. The invalidity or unenforceability, in whole or in part, of any provision of this Agreement shall not void, affect the validity or enforceability of any other provision of this Agreement. 45. The Parties negotiated this Agreement with the opportunity to receive the aid of counsel and, accordingly, intend this Agreement to be construed fairly, according to its terms, in plain English, without constructive presumptions against the drafting Party. The headings of Sections of this Agreement are for convenience and are not to be used in interpreting this Agreement. As used in this Agreement, the word “including” means “including but not limited to.” 46. The Parties will use reasonable, good faith efforts to resolve any dispute between them in good faith prior to initiating legal action. 47. This Agreement and any SOW, to the extent signed and delivered by means of a facsimile machine or electronic mail, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. The Parties agree that an electro nic signature is the legal equivalent of its manual signature on this Agreement and any SOW. The Parties agree that no certification authority or other third party verification is necessary to validate its electronic signature and that the lack of such certification of third party verification will not in any way affect the enforceability of the Parties’ electronic signature or any resulting agreement between CivicPlus and Customer. 48. Due to the rapidly changing nature of software as a service and digital communications, CivicPlus may unilaterally update this Agreement from time to time. In the event CivicPlus believes such change is a material alteration of the terms herein, CivicPlus will provide Customer with written notice describing such change via email or through its website. Customer’s continued use of the Services following such updates constitutes Customer’s acceptance of the same. In the event Customer rejects the update to the terms herein, Customer must notify CivicPlus of its objection within ten (10) days receipt of notice of such update. 15 CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Quote #: Date: Customer: Q-44085-1 10/13/2023 10:18 AM SOUTH MIAMI, FLORIDA QTY Product Name DESCRIPTION 1.00 DNS and Domain Hosting Annual Fee (http://URL) - Renewal DNS Hosting Recurring https://www.southmiamifl.gov/ 1.00 AudioEye Annual Fee Renewal AudioEye Managed: (southmiamifl.gov) Annual Recurring Services - Initial Term USD 22,687.36 1. This renewal Statement of Work ("SOW") is between City of South Miami (“Customer”) and CivicPlus, LLC and shall be subject to the terms and conditions of the Master Services Agreement (“MSA”) and the applicable Solutions and Products terms found at: www.civicplus.help/hc/p/legal-stuff (collectively, the “Terms and Conditions”). By signing this SOW, Customer expressly agrees to the Terms and Conditions throughout the Term of this SOW. The Terms and Conditions form the entire agreement between Customer and CivicPlus (collectively, referred to as the “Agreement”). The Parties agree the Agreement shall supersede and replace all prior agreements between the Parties with respect to the services provided by CivicPlus herein (the “Services”). 2. This SOW shall remain in effect for an initial term starting at the Customer’s next renewal date of 10/1/2023 and running for twelve months (“Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW will automatically renew for additional 1-year renewal terms (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”. 3. Unless terminated, Customer shall be invoiced for the Annual Recurring Services on each Renewal Date of each calendar year subject to an annual increase of 5% each Renewal Term. V. PD 06.01.2015-0048 Page 1 of 2 16 Acceptance By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW. IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. Client CivicPlus By: ___________________________________ By: Name: ___________________________________ Name: Amy Vikander Title: ___________________________________ Title: Senior Vice President of Customer Success Date: ___________________________________ Date: ___________________________________ V. PD 06.01.2015-0048 Page 2 of 2 17 18 RESOLUTION NO: 028-18-15060 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 services and a five-year subscription for AudioEye. WHEREAS, 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;and WHEREAS, CivicPlus is the City's sole web designer for the City's website. The City is responsible for the content published on the web; CivicPlus provides the platform, design and support for the maintenance of the website; and WHEREAS, the original agreement includes website support, maintenance and hosting services, technical software support, user training when needed, and unlimited telephone support Monday through Friday, 7:00 AM to 7:00 PM CST and, 24/7 Emergency Telephone Support; and WHEREAS, the City recommends executing the website support, maintenance and hosting renewal agreement to ensure this vital link between the City and the public is maintained and fully operational; and WHEREAS, CivicPlus designed, maintains and supports the website and its work is proprietary; and WHEREAS the City recognizes some members of the public may have a disability which prevents receiving viewing content on the website; and WHEREAS, the City wishes to reach a broader audience and provide full access and transparency to the City's website content; and WHEREAS, the City recommends purchasing a one-year subscription for AudioEye, a program that will enable content on the City's website to be more accessible for persons with disabilities; and WHEREAS, AudioEye is in conformance with the "Web Content Accessibility Guidelines (WCAG)" and the Rehabilitation Act, Section 508 which are a series of web accessibility guidelines for the Internet; and WHEREAS, AudioEye is the exclusive ADA solutions partner of CivicPlus and is the sole solution that CivicPlus offers in the ADA space; and Page 1 of 3 19 Res. No. 028-18-15060 WHEREAS, CivicPlus will act as a single point of contact for the City's website in total, including AudioEye, and will coordinate software upgrades, if necessary, user training, hoisting services and maintenance related to the functionality of the City's website; and WHEREAS, it is the opinion of the City staff that no other company can provide the same services as CivicPlus and no other vendor can provide all of the services, including web maintenance, software upgrades, and ADA solutions therefore, it is staff's belief that Civic Plus is a sole source; and WHEREAS, other companies were considered. 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, nor provide the necessary service, hence it is the opinion of the City's staff that the website cannot be made ADA compliant with other vendors; and WHEREAS, the City staff does not have the expertise to make most of the corrections that could be identified by secondary vendors and CivicPlus' engagement includes software built into their program that provides screen readers and contrast creators for the citizens, plus a team behind the scenes correcting mistakes on the website so that the City's website is always fully ADA compliant; and WHEREAS, CivicPlus uses only AudioEye to help detect ADA compliance issues and CivicPlus only allows AudioEye to make the required corrections on the platform/site to make sure the City's site is ADA compliant and CivicPlus will not allow any other provider to make changes to the platform; and WHEREAS, it is the opinion of City staff that the City cannot obtain what the City needs done without the use of the Audio Eye program offered by CivicPlus. WHEREAS, the expense of $21,753.25; $6,128.25 for annual support and $15,625 for a subscription for Audio Eye, will be charged to Account 001-1340-513-4634, Maintenance Internet, with a balance of $86,330.45 prior to this request and will be budgeted for subsequent fiscal years over a five-year term. NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. The City Manager is authorized to enter into a multi-year renewal agreement with CivicPlus for website support, maintenance and hosting services and a five-year subscription for AudioEye, a software program that enables the City's website content to be more accessible for persons with disabilities from Icon Enterprises, Inc., d/b/a CivicPlus. A copy of the agreement is attached Page 2 of3 20 Res. No. 028-18-15060 Section 2. The City Manager is authorized to expend to Civic Plus in future fiscal years based on the commissions allocation for web services through the annual budget process; and Section 3. Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this resolution. Section 4. Effective Date: This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this2 0 tkllay of February, 2018. ATTEST: COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Welsh: Commissioner Liebman: Commissioner Gil: Page 3 of3 4-0 Yea Yea Yea absent Yea 21 . (1) . South'Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE OTY OF PLEASANT LIVING To: The Honorable Mayor & Members of the City Commission FROM: DATE: Steven Alexander, City Manager . .. February 20, 2018 Agen{ia Item No.:3 :-· SUBIECT: A Resolution authorizing the City Manager to enter into a ~ulti-year renewal agreement with Icon Enterprises, Inc., d/b/a CivicPlus for website support, • maintenance and h~sting service~ apd 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 22 ~ Sout11'Miami CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING 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 $6,756.3~ $7,094.21 $7,448.92 $33,862.43 AUDIOEVE 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 Audio Eye Sole Parntership Letter 23 .. .. .. 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 $21,980.00 from the City Manager's Office account number 001-1310-513-4634 with a current balanc~ of$ 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 KnQxville for the same pricing and terms. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND c1rv· COMMISSION OF THE arv 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 2nd:lay of January , 2013. COMMISSION VOTE: 5-0 Mayor Stoddard: Yea Vice Mayor Liebman: Yea Commissioner Newman: Yea Commissioner Harris: Yea Commissioner Welsh: Yea 24 .. To: Via: From! Date: Subject: Background: Expense Account Attachments: .. CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM South Mia1ni The Honorable Mayor & Members of the City-Co~ission Steven J. Alexander, City Manager C~~ordinating Officer/Code Enforcement Director January 22, 2013 ; Agenda Item No.: 8: tied 1ifP 20111 • 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 Kno~e. The City will receive the same pricing and terms as the ~ity qf Knoxville agr~~ent in the _amount of $21,980.00 fr.om tile City Ma_nager's Office account n~mber 001-1310,-513-4634 with a current balance of $35,120.00. The city desires to develop an up to date, services oriented websjte 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=$35,120.00) Proposed Resolution Bid and Contract from the City of Knoxville 25 .. .. .. C ;» Service & License Agreement for South Miami, FL Project Development with Redesign Organization City of South Miami URL www.southmiamifl.gov --·· ·-··-·-·--··· Street Address 6130 Sunset Drive Addrass2 City South Miami State FL Postal• 33143 Code ClvicPlus provides telephone support for all trained cllenls from 7am -7pm Central Time, Monday-Friday (excluding hoRdays). Emergency Support is provided on a 24/71365 basis for representatives named by the Clfent Cfient is responsible for ensuring ClvlcPlus has current _updates. Emergency Contact & Mobile Phone Steven Alexander (305) 668-2510 Emergency Contact & Moblle Phone Carmen Baker (305) 216-8958 Emergency Contact & Mobile Phone Alfredo Rivero! (305) 588-1850 BDHng Contact Alfredo Rivero! E-Mail ariverol@southmiamifl.gov Phone 305 588-1850 Ext. Fax BilNng Address 6130 Sunset Drive Addl8ss2 Cily South Miami ST FL PO$! 33143 Code tax ID# 590000431 Sales Tax 85-8012621693C-1 Exempt# BillingTenns Net30days Account Alfredo Rivero! Rep Info Requlrad on Invoice (PO or Job#) PO# ~ontract Contact Steven Alexander Email SA1exander@southmiamlfl.gov Phone 305 668-2510 Ext. Fax 305 663-6345 Project Contact Cermen Baker Email cbaker@southmiamifl.gov Phone 305 668-7334 Ext. Fax 305 666-4591 Terms & Conditions Client DeBverable 1. Icon Enterprtses, Inc., d/b/a ClvlcPlus will create a unique website for the City of South Miami (Client) that Includes all functionality as defined in Exhibit A-CivicPlus Project Deliverables, attached ~ereto. 2. After 48 consecutive months under these tenns and associated pricing, CUent becomes fully effglble for a CP Basic Redesign at no addiHonal cost. See Exhibit B for complete details. Additional Services 3. Client may contract with CMcPlus for additional Consulting, Website Design, Setup, Programming, site modification, Training services (Projeet Development Services), Additional Page and/or Graphic Design that exceed those defined in Exhibit A. ClvicPlus wUI Invoice Client for the additional services immediately prior to project Go-Live. Services that involve billable time beyond the contracted amount will be documented and invoiced. Written approval by the Client i6 necessary before blllable time is incurred. ChtlcPlus • 317 Houston St:, Suite E • Manhattan, KS 66502 • www.CivlcPlus.com Ton Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 Page 1 of4 26 C? Service & License Agreement for South Miami, FL 4. Client may contract with CivicPlus 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 b·e 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 shaO sign a project completion and acceptance form prior to project go-live. The date may be extended if material system or operational failures are encountered. Immediately after completing training the f111~I bill for the project development services will be billable and payable. All Parties agree that the website will not go-rive until the project is accepted in writing 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 dale. 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 prior 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 current. If the Client's account exceeds 90 days past due, Annual Support, Maintenance & Hosting will be discontinued 11ntl! the Cliei tt'a aceountis made-etlrrent-61ient-will-be-glven-a~rlor-to-d"rseontlntiatkm-of-serviee~n""10"'1'1 _____ _ payment 11. A finance charge of 2.9 percent(%) per month or $5.00, whichever Is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding lnvolce(s) up to 90 days. If the Client's account exceeds 90 days past due, Annual SUpport, Maintenance & Hosting will be discontinued until the Client's account is made CUl'f'8nt. 12. Provided the Client's acoo!.!.11! is current, at any time the Client may request a.n e!ectron!c: oopy of ttie websit.e Customer Content (graphic 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 Client's account is current. upon termination of services client may request a compllmentary electronic copy ohvebsite 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 party gives 60 days' notice prior to the end of the initial or any subsequent tenn, this Agreement will automatically renew for an additional contract term, llmited to no more than 5 years (60 months). After 48 consecutive months under the terms of this contract and assocfated pricing, Client wlll be fuUy eligible for a CP Basic Redesign at no additional cost 14. Either party may terminate the agreement at the end of the contract term by providing the other party with 60 days written notice prior to the contract renewal date. 15. In the event of contract termination, Client forfeits eligibility for the CP Basic Redesign and all funds applied to such eligibility. 16. Each year this Agreement is in effect, a technology investment and benefit fee of 5 percent(%) of the total Annual Support, Maintenance & Hosting costs wlH 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 2417/365 ba~s for emergency contacts named by the Client. Client Is responsible for providing CivlcPlus with contact updates. • 18. Support Includes providing technical support of the CivicPlus Government Content Management Software. applicatlon support (pages and modules), and technical maintenance of Client's website. Following lnlUal setup, adcfitional page design, graphic 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 warrants that It will, without additional charge to the client, take action to correct any problems or defects discovered in lhe Software and reported to CivicPlus by the client, such warranty to include ongoing maintenance upgrades and technical error correction. Page2of4 ClllicPlus • 317 Houston SL, Suite E • Manhattan, KS 66502 • www.ClvicPlus.com Toll Free 868-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 765-587-8951 27 .. .. .. " C;, Service & License Agreement for South Miami, FL 20. ClvicPlus 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. Marketing 21. Client will work with the CivicPlus 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 CivicPlus to include an example of the Client's home page and a link to the Client's website on lhe CivicPlus corporate website. 23. Cllent wlU make a reasonable attempt to work with the CivicPlus Marketing _Department to create a news item to be released in conjunction with their project Go-Live date. Client will provide ClvicPlus with contact infonnation for local and regional media outlets. ClvicPlus may use the press release In any marketing materials as desired throughout the term of this Agreement 24. cnent allows CivicPlus to display a "Powered by CivicPlus" insignia, and web link et the bottom of their web pages. Client 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 ("Customer Contenf'), as well as the GCMS Software. 26. Upon completion of the development of the site, client win assume full responsibility for website content maintenance and content administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, qua6ty, integrity, legality, rellablrJty, appropriateness, and Intellectual property ownership or right to use of all Customer Content. 27. • Client shall not {I) lloerlse, sublicense, sell, resell, transfer, assign, distribute or othelWise commercially exploit or make available to any third party the Software In any way; (ii) modify or make derivative works based upon the software; (Ill) create Internet ulinks0 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 (IV) reverse engineer or access the Soft.ware In order to (a} bull~ a competitive product or sefVice, (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 Software. 28. The ClvicPlus name, the ClvfcPlus logo, and the product and module names associated with" the GCMS System are trademarks of ClvlcPlus, and no right or license is granted to use them. Indemnification 29. Cllent shall defend, indemnify and hold harmless CivicPlus, its partners, employees, and agents from and against any and all lawsu~, claims, demands, penalties, losses, fines, liabilities, damages, and expenses including attorney's fees of any kind, w'dhout limitation, In connection with the operations of and lnstanatlon of software contemplated by this Agreement, or otherwise arising out of or in any way connected w"lth the CivicPlus provision of service and perfonnance under this Agreement. This section shall not apply to the extent that any loss or damage is caused by the negligence or willful misconduct 9r1 the part of CMcPlus. If Client and CivicPlus are both negligent, damages shall be apportioned In accordance with the percentage of negligence of each party. This paragraph is not intended to benefit enliHes not a party to this contract. 30. CivicPlus wiU not be Hable for any act, omission of act. negligence or defect In the quality of service of any underlying carrier or other service provider whose facilities or services are used In furnishing any portion of the service received by the customer. CivlcPlus wm not be Bable for anv failure of performance that Is caused by or the result of any act or omission by customer or any entity other than CivicPlus that furnishes services, fadlitles or equipment used in connection with CiVicPlus services or facilities. 31. Except as expressly provided In this Agreement, CivlcPlus makes no expressed or implied representations 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 perfOITT\ any obDgation or covenant if the delay or faflure to perfonp Is occasioned by force majeure, meaning any act of God, stonn. fire, casualty, unanticipated work stoppage, strike, l_ockout, labor dispute, civic disturbance, riot, war, national emergency, act of Govemment, act of public enemy, or other cause of similar or dissimilar nature beyond Its control. ClvlcPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.ClvlcP1us.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 Page3of4 .. 28 C;, Service & License Agreement for South Miami, Fl Enforcement 33. In any litigation arising out of the terms and conditions 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 se~lces outlined In this Agree t. Sign and e-mall or Fax this Copy Attn: Contract Manager Email: SalesCoordlnators@ClvlcPlus.com Fax: 785-587-8951 2-I--0 Date Date And -MaU Two (2) Signed Orlglnals CivicPlus Contract Manager 317 Houston St., Suite E Manhattan,KS 66502 We will e-mail or fax a counter-signed copy of the contract back to you so we can begin your project. Upon receipt of two signed originals, we wlU·counter-sign and retum one copy for your mes. -Remainder of this page left lntentlonafly blank- I ClvicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.ClvlcPlus.com Toll Free 688-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 Page4of4 29 .. .. .. C;) Service & License Agreement for Knoxvllle, IA O,vanb:allon City of ~noxvllle Streat Address 30583rd Address2 City KnoxvHle Project Development with Redesign state IA URL Polllllt Code www.dlscoverknoxvllle.com 50138 ClvlcPlus pruvfdes telephone support for au trained dlents ltom 7om-7p,n Central T1111e, MOtlday,-Fdday (ueiudln9 ltolldays). Emllf99IICV Support Is piawled on a 2'1171386 basis for represanlaUves named by Iha Cllanl. CUent Is mponslbfa ror ensuring CMd'ltl$ 11ai; cmunl dates, limergency Contact & Mobffa Phone Harold Stewad (641) 8:?.0-1842 Eftlerg&MY contect & Moblla Phone Heather Ussery (641) 891-86:13 EmorgoncyContact & MobOa Phona Dylan Felk (801} 821-1734 81111119 CanlaGt Heather Ussery E-MaD Phone (641) 828-0550 fax S"dllng.Addrass 305S3rd AddntSs2 Clly Knoxvllle ST IA Poslat Code Tax ID# 42-6004845 Sates Tax Exempt# BllllagTemts Net30days Account ·Rep inro Raqulrad on Invoice (PO or Job#) NIA Contract CGDIIICI Harold Stewart Emall Phone (641) 828-0660 Ext. 2 Fax Pro)ect Contact Harold Stewart Email Phone (641) 828-0550 Faic Terms & Conditions C:Uent Dalfvarabla cllyqlerk@ciscoverknoxvllle.com (641) 828-0511 50138 A•103695 Rabmt Dlsberger cltymanager@dlscoverknoXVllle.com (641) 828-0511 ci\ymanager@dlscoverknOxvllle.com (641) 828-0511 1, lean Enterprises. Inc., dlb/a ClvlcPlus will create a uni qua wabsllB for the City of KnoxvHle (CDent) lhat Includes all runctlonality as ~fined In Exhibit A-ClvlcPIUs Project Clellverables, attached herelo, 2. After 48 consecutive months under thes'a taims and assoclaled prfclng, Cllent becomes fully ellgibla.for a CP Basic Redesign at no additional cpst. Sea Exhibit B for complete details. Addltlonal Seivk:es 3. Cllenl may contract with ClvlcPlus for additional Conaulllng, Website Design, Setup, Programming, site modification. Training servk:as (Project Development Sef'ilces), Addltlonal Page an(flor Gfaph(c Design that exceed those dollnad In Exhibit A, CivlcPlus will invoice C6ent for the addl&onal seivlces l111mediate1y prior to project Go-Liva. Seivlces thal lnvolV8 billable lime beyond Iha conllacted amount will be documented and Invoiced. Written approval t>y the Client Is necessary before billable time Is incurred. Cl\lfcPlus • 317 Houslon St., Suna E • Manhallan, KS 68502 • www.CMcPrus.com Ton Free 888·228·2233 • Accounting Eict. 2111 • Support Ekt. 307 • Fax 785-5B7,8951 Paga 1 of4 .. . ; 30 C ;t Service & Ucense Agreement for Knoxville, IA 4. Client may conlracl wllh ClvlcPIU$ for addlllonal Annual Support, Maintenance & Hosting services that exceed those defined In Exhibil A. ClvlcPJus will Invoice Client lbr annual sarvlces Immediately prforto project Go-Live. ModUles u,at Incur additional usage fees may be pun:tiaaed and acllvated at any time. • Billing a Payment Terms 5. One-lhlrd or Iha total Project Oavelopmenl ree wlll be blllad upon complelfon of dBBlgn; one-thin! ol lhe tofaf Project Devefapment fee will be bRlad upon c:omplatfon or conlant.· The remarncrarof the Project Development fee and any eddRfonal Project Dewilopment se,vJces Will be Invoiced after training haS Ileen compteled. 6, The cllenl sbaH sign a proJect compleliOn and acceplanca fonn prior lo project go-live. The date may be extended If rnateifal system or cpemllonal failures an, encountered. lmmedlalely after compleUng lralnfng the final blll fbr the projecl development services \IVIR be bll1able and payable. AU Paitles agraa !hat lhe website Will not go-live unto Iha pn,fecl Is accepted in wriUng by thecllent. 7. PfO,lecl Daveloprnanl lnvol088 are due by the fll8l of Ille fallowlng month, but no later than 30 days liam Invoice date. Project Development wlU be discontinued 'if payment Is not made within 30 days after Ille Invoice due date. 8. Invoicing ror AnllUIII Suppalf, Maintenance & Hosting begins one (1)yaat rrom c:o1111'8Clslgnlng. 9. Annual Suppo.rt, Maintenance & Hosting Invoices may b& prorated In onter to cortelale wllh the Client'$ budget year, and a,e Invoiced J)riort.o the yea, of 881Viaa. • 10. Aru!i' pibjicl go-llW.11 Uia Cl1irit1 ai:caurit exceeds 60 days pail due, Support Will be dlsconilriiied unUI Iha Cllanl's account Is made c;um,nl If Iha Cllsnl's acc;ount exaaads 90 days past due, Annual Support, Mainlsmmca & Hosting v.10 be dlscontrnuad unlll the Cffanl'a account Is made cu1Jenl. Client will be gl\18ft 30 dayanollce p,tor lo dlsconh"lluatlan of services ror non- paymen!. 11. A Jlnanaa charge of2.9 pan:ent (%) per month or S5.00, 'Whichever Is gmaler, will ba addad lo past due accounts. Payments received will be appHad llral to trnanca Gharges, then lo Ute Old• oulstancllng 111v0Tce(a). 12. Provided the Cllenl'll accat1ntls cusrenl, Bl anytime the Client may request an elec;lronk: copy ol'the website Customer Content (graphic de!!Qns. webcon!ent., pag9 deefgne end bar.r.e.-s). Cll=nl may nicelVe one campllmvr.:a;; co;;y &va=Y f;:;u; years. UCllenl n,ques(s addlUonal copfea. Cllant agrees to pay $250 par complettd request. Provfded 1118 Client'& account is current. upon lennlnalfon of services cUanl may raqueat a campllmanta,y elactronlc copy ofwabslt& Customer Content and Government Ooatant Management Syllfam (GCMS) Software. Agreement ftlnflW&I 13. This contract shall remain tn aft'ect for a period Df one year (12 monlhs} from signing. In the evenl that11eithar par1y gives 60 . d~s• nollca prior lo the and of lhe lnlllal or any subsequent term, this Agraement wllf automaUcally rvnewfor an adClilfonal contiact tann. After48 oonsecuQ've months under the tenn11 of this conlract end assocJatod prldng, Client wllf be ru~ ellglble for a CP Basic Redesign at no additional coat. 14. Ellherparty may terminate the agreement al the end of rho contract lenn by providing the olher par1y with 60 days Written notice plfor to lhe c:ontracl 1&newal date. 16. rn the event or conlract tannlnallon, Cllanl forfeits aliglb!Rly for Iha CP Basic Redesign and all funds applied to such ellQiblllly, 18. Each year this Agreement Is In effect, a tactmology invaslmant and benelitrae of 5 pen:ent(%) or lhe IDlal Annual SUppoll. Maintenance & Hostrng costa will be applied: Support 17. CMcPIU$ will provide unUmlled telelhofla support Monditv-Friday, 7~00 am -7:00 pm (Central Time) exclUOlng holidays. ror all trained Client start Emergency Support Is provided on a 24n/365 basis ror emergency contacla nsmad by the Client. Cllant ts responsible rur providing Clvk:Plus wllh contact updates. 18. SUpport Includes providing lachnlcal support or tile CivlcPIUs Govemment content Management sonwar., eppllcatlon support (pagaa and modules}, and lachnlcal malnta1'ance or Cllanl's webslle. Following lnDlalsetup, addlllonal pege desl!J'l, graphic design, usertralning, &lie modlftcatron, and custom programming'may be contracted &eperalely for an addlllonal ree._ 19. Durfns Iha period of 1h18 agreem8nl and aubsequenl an11t1al renewals, CMcPlus wan-ants lhat ll wm. without additional chacge to the clJent, take action to CClffllCt any problems urdefecls discovered in the Soflwa19 and raported to Clvk:Plua by the cllent, such warranty lo include ongoing matntenan~ upgrades and technical eR"Of corrtlGllon. 20. Ciw:Plus provides online website staUstlcs softwata al no extra charge. If Clienl desires to use other-website statistic software, CMc:Plus will pmide the necessary log Ille ac;c;ess. • ClvlcPlus • 317 Houston SI .. Sulla e • Manhaltan. KS 68502 • www.cMoPlua.com Toll Free 888·228-2233 • Al:counUng Ext: 291 • Support ext. 307 • Fax 785-587•8951 Paga2of4 31 " .. C;, Service & License Agreement for Knoxville, IA Markallng .. .. 21; Client will walk whh lhe ClvlcPlua Markellng Department lo make a reasonable attempt lo gather lnfomtallon and meet deadlines associated wllh website award contest entries throughout the lenn of this agreamenl, and to create a case study related lo lhelrwebstte. 22. Client pennlls ClvlePlus to lnolude an example of the Cl!ent's home page and a link 10 the c;:11enra website on the CMcPlus co,porate website. 23, Client Will make a raasonable attempt lo work with the CMcPlus Marketing Department lo oreala a news ftem to be ivlaased In • conjunction with lhalr proJecl Go-Live data. Client wlll provfde CtvlcPlus wHh contact lnformallon for to.cal and regional media ouUets. ChllcPlus may use lhe press release In anv marlletlng malarials as desired throughout the tenn of llis Agreement. 24. CDent allows Cfvlcelus lo display a "Powered by ClvicPlu&" Insignia, and web llnk al the bottom of their web pages. Client umfelstanda lhat lhe pricing and any related discount struclure provided under this agreement aasumN such perpetual pannlsalon. • Intellectual Property, Ownership & Content Reaponslblllty 2S. Upon full and complete payment of submitted Jnvolees for Ula Project DevelopmeRI and launch of Iha website, clleAt WIii own lhegrsp!G deatgmt, web cont&nl, page daslgna and bannera ("CUstomar Contanr). as well as the GCMS Sol\ware. 28. Upon complelfon of lhe development of Iha al18, cllanl will assume run responalbmty forwebslle content maintenance and content administration. Cllsnt, nol ClvlaPlus, shall have sole responslblllly for Iha accuracy, quallly, inl419rity, legallty, teliablllly, appropriateness, and fntellectual property ownsrshlp or right to use of all Customer Content. 27. 011ent shall not(!) llcen118, subllcanae, sell, Msall, tr&l'lsler, assign, distribute or olhelWlse c:ammeldaUy eXJ>loll or maka ava1lable to any thlnf pmty the Software In anyway; (II) modify or make derivative wori<8 based upon Illa aottware: (hi) create Internet "links" to Iha Software or"hma" or~lrrof any Gove111menl Content Management System adminfattaffile access on eny olherseMlr or wfraless or lntemel-baeed device; or (iv) ,averse onginaer or access the Sollwan:i In Older lO (a) build a compellUve pmduct or vetYfce, {b) bulllt a product using slmllar Ideas. features, functions or graphics oflhe GCM6 Sollwate, or (c) copy an, Ideas, features, funcU_ons orgniphlcli of the Sottware. 28. Tha ClvlcPlus name. Iha CMcPlus logo, and Ille product and module names aasoclaled with the OOMS System are trademmtcs of ClvlcPlus, and no right or license Is granted to use lhem. • lndamnlllcatlon 29, Cllanl shall defend, Indemnify and hofd hannleea CMcPlua, Its parlnara, employees, and agents flam and against any Md au lawsuits, ctalma, demands, penalUaa, loasea, llnn. UabDllles, damages, and e;icpanses lncludfng allamey's fees of any kind, without lfrm1allon, lnoonnecllcn with the aperaUona of and lnstalla11an of software coRllll11J)laled by this Agreement, or olhetwfse arising cut of or In any way CClflll8Cled with lhe CivlcPlus provision of servfce and palfonnance under 1h16 Agreement. lhls section shall not apply to Iha 81dent that any loss or damage I& ca11Sed by the negllganceorv.411ful misconduct on the parl of ClvloPIU$. If ctrant and ClvlcPtus are both negligent, damages shall be apporUonad In aCCClldanca w'rth lhe pen:anlage or negligence of eaoh parf1. This paragraph Is not intended to benell enUUas nol a party to this conlracl. 30. ClvlcPlus wlll not be Bable ror any act, amfsslon or act, negllgence or derecI In Iha quality of sarvice of any undel\ylng canier or other &afVlce provider whose faelHlles or semcee are.used In furnishing ani, portion of lbe HIVlce received by Iha CUSComar. CMoPlus wltl nol ba liable ror any failure of' performance Iha\ Is caused by or Iha rasutl of any act or oml&Slon by customer or any enUty olher lhan ClvlcPIUs that llunlahes services, f~IDties or equipment used In connecUon with CMePlus seivlces or facllllles. 31. Except as expressly provided In \his Agreement, ClvlcPlus makes no expressed or Implied repreaentallons orwarranUes, Including anyw1111anUes regardfng men:hantablllly or fitness for a particular C811se. Forco MoJeure 32. No party shaU have any Uabillly to the other hereunder by reason of any delay or fallure to perform ani, obligation or covenant If Iha delay or(allu,a lo perfonn Is occasioned by force maJeure, meaning any act of GCld, 81onn, tire, cuually, unanllc~lad WOlk stoppage, strike, lockout. labor dispute, civic disturbance, riot. war, nallonal emergency, act or Government, act of public enemy, ar other cause of &lmUar or dlaslmilar nature beyond Its control. CMcPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.Clvlcl'lus.00m ToU Frue 888-228-.2233 • AccounUng Ext. 291 • S11ppmt Ext. 307 • Fax 785•587•8951 Page3ol-4 32 C;) Service & License AgreeitJellt 19( Knoxville, IA Accopt;ince We, !he undarsrgnea. agreeing lo the con(fillom1 !lPOCIRed In !his document, understsnd and sulhorlze H1e provislo11 of servicus outllno4 in 1111& A!J!:eemenl, f4f#z~ Clly l<noxvftle ••• ··-------~ Sign and e-malf or Fax ll1ls Copy Aun: Conlract Manager a oor nao s.com Fall: 785-587•8051 ------------···-· --· Dalo ~-'20-1"2... ___________ .. ____ _ Date And -Mail Two (2) Signed Originals ClvloPlus Contract Mana er 317 Hauaton St., SLJIIO E _______ Ma_n_h_att_a_n, KS-86502 _ __J We wlll e-man or rax a counler•slgned copy of the conlract back lo you so we can begh1 your projl'lct. Upon receipt of two signed orlgin!J~, we wlll c:ounter-afgn and retutn 011a aopy for your fllsr. --Remalndar of this png<, iuj\ inieniionaily-blonk- CtvicPlus • 317 Houslnil St., Suile E • Manhnltim, KS 66502 • viwv,.Civicf'lus.coin 'foll Free 088,1.20-2233 • Accounlln9 E.lCI. 291 • Support EK\. 307 • Fmc 765•507-8951 33 .. .. .. C jt Service & License Agreement for South Miami, FL Exhibit A -CivicPlus Project Deliverables All Quotes are In US Dollars and Valid for 30 Days from January 16, 2012. .. Project Development ··-·••··•··· ···---·-...... ·······-·····-----·-·--·--·-· -···· ··-......... $2.1,98B .. ··---·-·-·--, LFirst Year's Annual Supporl,.Malnteiiance & Hosting ·------------···-~~luded ~ I Server Stora~ not to exceed 15 GB; Media Centf1r Storag_e not to exceod 10 GB --·--------·--· ·----·-■•1r.ml!Jl·l"9Jm!l11r.1~-!'-1*F.l*lm••!!I!· .1!1111!1!11 rv;;I Year1"aiicrBeyond Annual Support, Maintenance & Hosllng $4,425 . &Jbject to annual 5% increasa ~_!~nd be,..=.,;y-"'on"'d"------------~---------------~ --Remainder of 1hls page left Intentionally blank- ClvlcPlua • 317 Houston Sl, SulLe E • Manhattan, KS 66502 • www.CivlcPlus.com Toll Free BBS-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-687-895f Exhibit A 1 of3 .. 34 C j:» Service & Ucense Agreement for South Miami, FL Project Development -· Phase 1: Analysis and Timeline Development Deljv~rablg: Project TlmeDne and worksheets Phase 2: Website Design DeRvm!ble: Website Design Composition Phase 3: Navigation Architecture Development De&v!!ll!blg: Navigation struciure optimized ror your website Phase 4: Modules and Slte Setup DeU11erable: Set up fUJly functlonal site, software that runs Ille site, and site's statlstiaal analysis. Phase 5: Content Development of 100 standard pages and up to 600 supporting elemenls D!!liveamli;: Website content development and module content. Phase 8: Teat ancJ Review, Establish Future Expectations Qiliversbl!i!: List of Items that need to be addressed Phase 7: 24 Hours lnteracllva Weblnar Training (up to 6 employees) Quote includes rrae use of up to 6 webt:Bms and headsets --vera ... -: Tram System Admlnlatrator(s) on GCMS Administration, permissions, setting up groups and users, module administration. Saale User training on pages, module entries, applying modUles to pages. AppUed use and usabHity consulting to result In effective communlcalfon through your website. Phase 8: Go-Live and Project Review Dl!!vm!l!li! Final project review report Phase 9: Marke1fng ~Jiverab!e: R'"gistralion ofslte0 wlth al! majcrsaarch engines Phase 10: Ongoing Consultation Deliverable: Sita review with racommendallons for enhancements to Improve visitor interaction; layout. design and content recommendations. Additional Funatlonallt;y Google Tranelatlon Tool Gov 2.0 Upgrade$ Bk>g Share Facebook Integration Twlltet Integration Options fnclocled In One-Time Fee None Total Project Development Fee First Yaar·Annu.al Support, Maintenance and Hosting Fee Sarver sleraae not to exceed 15 GB· Media Center stotaaa not to exceed 10 GB " .. ; -Total, Fe0~. )'ear 1, CivicPlus • 317 Houston SI., Suite E • Manhatlan, KS 66502 •www.ClvlcPlus.com Toll Free 888-228-2233 • AccounUng Ext 291 • Support Ext. 307 • Fax 765-587-11951 $1,757 $4,821 $1,261 $1,758 $5,133 $1,955 $3,840 $1,194 $461 Included lncludod Included Included n/a $2:1,980 Included ',, _ $21,9_80 ' •. •. I Exhibit A 2 or 3 35 .. " C,) Se111ice & License Agreement for Knoxvlfle, lA Prolect DavelaDmenl Includes the followlna: Modules • Agenda Creator • Alerts Center & Emeruency Alert NollOcalion • Archtve CeRler • BldP~ • BuSinassJResoun:e Directory • C'Slendat • Carbon calculator • Citizen Request T(atker (5 users) • Cominunily Voice • Document Center • ePay • Facllllles & ReservaUons • FAQs • Feattwd Info Module " I functlonalltv • Acllon Items Queue • Audit Trail I Histoiy Log • Automated PDF Converter • Automatic Content Archlvlng • Contsnt Library • Dynamic Breadcrumbs • Dynamic sttl!lmap • Expiring llama library • • Genetfc Mobile .App (10S & Android) • Graphic Link Admfnlsb8tlon • Links Redirect and Broken Links Finder • MeniJ Management • Mouse-over Menu Structure • MunlMoblle • Fo1111s Center • Online Editor far EdWng and Page C,aatlon (WYSIWYG) • Healthy Clly Initiative • OnUna WelJ.StaliSllcs (Ooly wllh Clv!cPlus l:fosUng} • lnlranet • Paga Wizard w/Mullip~ Layouts • Job Postings • Prinler Fdandly/Emall Page • Media Center • Rotating Contenl • My Dashboard • RSS • Newsflash • Search Engine Ragfstrallon • NollfyMe Email & SMS Text SubscrlpUon • Sile Layout Options • Online Job Appllcallon w/1 GeneTlc Appllcalfo!1 • Bila Sean:h & Emry Log • Opinion Poll • • Slldeshow • Parmlbs & Licensing • Social Media Integration (Facabook & Twitter) • Photo Galla,y • usa, & Group Admlnl&trallon Rights • Poslcmd Madule • Web Page Upload Ullllty • Qulckllnks • Website Admlnlatrat111e log • Real Estala Localor • Staff' Dlrea!ON Annual Sum-oort. Maintenance & Hos11na Servlce.lncluda the Fotlowtna: Support MalntonanaeofCMcPlua Hoat1n9 Aanllc:atlon & Modules 7-7 (CST} MoR-Fri (excluding holldays) 2-4/7 Eme,gency Support Decficated Support Pllf90Mel 2-hour Response during Normal Hours Usabillly lmpsovemenl$ lntegralfon Naw& Upgraded Servk:ea Proacllve Support tor Updates & Fhces Online Training Monuats Monthly Newsletlers Phone Consuttktg ClvicPlus Connection ClvlcPlus Unlveraltv Install Senilce Patches for OS Upgrades Fl,ces Improvements Integration Tasling Davelopment Usage License Shared Web/SQL Saiver DNS Consulting & Malnlenanr.e Monitor Bandwfdlh-Router Traffi(l Redundant ISP Redundant Coollng Natural Gas Powered Generator Dally Tape Backup lnlruslon Detedlon & PrevenUon Anlivlrus Protection Upgrade Hardware Exhibit A 3 of 3 ClvlcPlus • 317 Houston St~ Sulla E • Manhattan, KS 68502 • www.CMcPlus.com Toll Free 888-228-2233 • Acccun11ng Elli. 291 • Support Eld. 307 • Fax 785-587·8951 .. 36 . C;, Service & license Agreement for Knox.vllle, IA Exhibit B -Redesign Detalls • .• :~ivicPlus F:roj9ct Dc_veloP'.ment,SqrvjccsA Scqpo:cif Sefylces for ··!· • . , ;/ . • • " • • CP 8asi9 Re~_~sign . ..: . · . • .• .'. • Nawdeslgn • Redevelop banner • Redevelop navigation method (may chooee top drop-down or other options) • Design setup• W!teframe • Redevelop graphic elemenls of webSJle (Newsftash, FAQs, Calendar. etc., • Project Management • Tasting • Review • .content Migralion -Includes relouchl119 of all existing pubUshed pages to ensure properfomiaUtng, menu etructuRt, and appllcaUon of new site styles. Nole: ContentWlll ,rull be rewritten, reformatted or pages brokeB up \""oneneo or ra-eecuoneq, • Site styles and page layouts \ldll be Couched so ell pages match lhe new design and mlgrele cleanly Spelffng and broken IJnks wlll be checked and niported If unable to cotrecl CMcP/us • 317 HOU5ton St., Sulla E • ManhallllB, KS 66502 • www.CMcPlus.co111 Toll Froa 888-228-2233 • ACOQun!lngExt. 291 • Sup~ort Ell!. 307 • Fax 7Bll•5B7'•B951 El<hlblt B 1 of 1 37 .. " Agenda Item: Background: Council Letter City of Knoxville August 2, 2012 Website Developer RFP .. " The City received 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 c:on~ent management system and design capabilities of both companies and has conducted reference checks. Both are good and reputable companies that have developed quality websites. 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 clty/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. ClvlcPlus is very strong on developing city websites. They have developed over 1,100 city websites 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 ~eas of all their clients to the table. When a new feature Is deveioped 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 companles wlll redesign the website every four years at no addition al cost to the City. Golden Shovel has a lower upfront cost but has a higher monthly fee after development. OvicPlus Includes the first year of oosts into their development quote. It lsthe city manager's recommendation that given the less expensive long term costs and the speciallzatlon of city website development that ClvlcPlus be selected to develop a new site for the City. 38 Wgalte Devg!22er R!=P Besul~ oeveh>J,ment taot o--'~•01ses IIIYeareost• 2nd'/tNtcast llnlYurcast IGoldenShovel (UnJeFalls, MNI "'~.llOO S&IXJIIIIOftlh ~~~ $6.0UO ~r- IOllcPll!S '""•nliatt.an. m t>1""'1 $4.4,,.,,_( ftanl ,$~ -.,,h~ "Golden Sllo,let rnonChly coststaltl aftewebslle 11 developed and OAd'lus sta.-ts when contraa Is sl,u,ed llth-r -S&m 54.8:1 Wabsllle Redevelopment .--fftAir4,ean ftMII none Tata! 4 Year r:ost ~.000 39 .. .. C;, SeNice & License Agreement for Knoxville, IA Exhibit A~ CivlcPlus Project Deliverables .. All Quotes are in US Dollars and Valid for 30 Days from Augusl 8, 2012. . -ProJect Development-·-•• .. ·,21,190 /· Flr11t'Yoara Annual Support,.Malntenam:e &Ho&tfng""" • .. , .... --·"-•-•• :_§.erver ~rorage nol to,!.,~d 15 Gf3; Medf~_~nJer S~~ not to exceed 10 GB .••• ····--. • ----' ---······. bldudad : •. Total F,CGS year 1 . ·:· $21,980 . Year 2 and 'eei,i,nd Annual Suppoi\.Malnlenatice & HosUna . §.!!b/ect to .!.12fi~( s~ tncraan Y.!..~ and ~.!Y.!!!IJI -Remalftdar Cf this page left lnlanuonally blank- Clvlc:Plus • 317 Houston SL, Suite E • Manhattan, KS 68502 • www.ClvfcPluu.ocim Toll Free &811-228•2233 • AC011UnUng Eld. 291 • Support Ext. 307 • Fax 785-687-8951 EllhlbilA 1 al 3 .. 40 C:;» Service & License Agreement ror Knoxville. IA Project De~lopment Phase 1: Analysis and Tlmellne Development Dallverab,O: PtoJuc( 1imellne and worksheets Phase 2: Website Design DeljyeJPble: Website Dealgn Composition Phase 3: Navigation Architecture Oeveropment Deffv@mblg: Navigation atructute optimized ror yourweblllta Phase 4: ModU1es ana Sita 8etup DelJverabfa: Setup fully lbncllonaf &lie, aoftwani that runs the site. and site's stallalJcal anafysla. Phase 5: Content Devetopmant of 100 atandard pages and up to sou eupporttng elements Dellyemb!a: Website conlant development and module c:onlenl. Phase 6: Test and RevleW, Establlsh Future EXl)9ctatlOns Dellvetabtg: List of hems U1lll need to ba addreesed Phase 7: 24 Hours 1ntaractlve wea,nar ua1ntno (up lo 8 ampJOYB&B) ---------,t---1,:111,al-• ·-.: -----... --r ,_; • -•• ... •·-----,- DeUve,pllJa; Train Syalem AdrntnlslraflDr(a) on GCMS Admlnl&lraUon, permissions, Hfllng up groups amt usen;, mocMe admln181ralion. Batie User 1rainJt"l9 on pages, mGdtile emdea, applyfng modules to pagee. AppQed ti$& and usability consullfng to result In etrecllva cammun!Callon through yau,webslte, Phase B: Go-Uve IIIICI Projeot Revrew Dal(verable: Ffnal pioJGGt review report PhaseB:~ Deltyerahlg: Reglslrallon of site witb au major starch engfnee Phase 18: Ongoing Consullatlon DeHyarabfa: Site revlewYlllh recommendallor)s rorenhaneamants to Improve visitor interacfon; 13yoUI, design and content recommendations. MdlUomd Func1loiiilRy Google Tnmsfallon Tool Gov-2.a Upgraaes Blog Share FacebOOk lnl8gr8Uon 1wlller lntegraUon 0p0ons t~udad rn 0na-11me Feo None Total ProjeotDevelopmant F1!8 Rrat Year Anmlal support, Mafnlonanee and Hoatfng Fee $1,757 $4,621 $1,281 $1,768 $1,955 $3,840 $1~194 W11 tricludad Included I lnc.tuded I lnduaed n/a $21,980 Included Sen,ersto...,,.. not ID excead 15 GB: Medl8 Centeratoraae 1101 to e_xceed 10 GB_ _ _ _ ,-, . Jot,tl Fees Yea~ _1. $21,980 -\ ,-, , . ClvlcPlus • 3t7 HGIIS!on SI., SUiia E • Manhallan, KS 811502 •www.Clvld'luu:om Toll Free 008,228-2233 • Aa:ounUng Elrl. 2&1 • Support Ed. 307 • Fax 785-5BN395t Exhibit A 2 ol 3 41 .. .. .. C j) Service & License Agreement for South Miami, FL Prolect Develonment Includes the Followlna: Modules I Functlonallty • Agenda Creator • Action Items Queue • Alerts Center &_Emergency Alert Notification . Audit Trail / History Log • Archive Center . Automated PDF Converter • Bid Postings • AutomaUc Content Archiving • Busines&/Resource Directory • Content Library • Calendar . Dynamic Breadcrumbs . Carbon Calculator • Dynamic Sltemap • CJUzen Request Tracker (5 users) • Expiring Items Library . Community Voice • Generic Mobile .App {IOS & Androlcl} • Document Center • Graphic Link Administration • ePay • Links Redirect and Broken Links Finder . FacDIUes & Reseivadons • Menu Management . FAQs • Mouse-over Menu Sbucture • Featured Info Module • MunlMobRe • Forms Center • OnBne Editor for Editing and Page Creation ~SrNYG) • Healthy City Initiative • Onlne Web Statistics (Only with ClvlcPlus Hosting) • Intranet . Page Wizard w/MulUple Layouts • Job Postings • Printer Friendly/Email Page . Media Center • Rotating Content • My Dashboard • .RSS , . •. . NewsFlash • Search Engine Regls(fallon • Notil"yMe Email & SMS Text Subscription • Site Layout Oplions • Onnne Job AppUcation w/1 Generic Application • Site Search & Entry Log • Opinion Poll • Slldeshow • Permils & Licensing • Social Media Integration (Facebook & Twitter) • Photo Gallery • User & Group Administration Rights • Postcard Module • Web Page Upload Ulillty • Quick Links • Website Admlnlslrallve Log • Real Estate Locator • Staff Dil"E!ctorv Annual Suocort, Maintenance & Hosting Service Include the Followina: Support Maintenance of ClvicPlus Hosting Acntlcatlan & Modules 7-7 {CSl) Mon-Fri (exclu$1ing holidays) Install Service Patches for OS Shared Web/SQL Server 24/7 Emergency Support Upgrades ONS Consulting & Maintenance Dedicated Support PerBonnel Fixes Monitor Bandwidth-Router Traffie 2-hour Response during Nonna! Hours Improvements Redundant ISP Usabllily-lmpro,/ements Integration Redundant Cooling Integration New & Upgraded Services Testing Natural Gas Powered Generator Proactive Support for Updates & Fixes Development Delly Tape Backup Online Training Manuals Usage License lntnrslon Detection & Prevention Monthly Newsletters Antivlros Protection Phone Consulting Upgrade Hardware CivicPlus Connection ClvicPlus Universilv ------ Exhlbft A 3 of3 ClvicPlus • 317 Houston St., Suite E • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 42 C;, Service & License Agreement for South Miami, FL. ExhJbit B -Redesign Details : '/.' ',;:· :·<· .\',,,,•: Givlcelus· P,roJe~t, Oev<?l9pine,(!f~e\'.'i,ic'es,'& ~c~p0',ot?e·rvic€s fo~:: •. ' .. ·' ;'i'. ', ., , •• ,, t' ·:: -;: ·./·,,' /''< ·: '·"< .: . ,',.. ; .. ; ,,CP .B~s:lc)~,~~es,igr( ;, '• ,: ·, • ··, :, :; '.· ', ,: ; _·_·" .. .' ~ :, \) • Newdeslgn • Redevelop banner • Redevelop navigation method (may choose top drop-down or olher options) • Design setup -wlreframe • Redevelop graphic elements of website (Newsftash, FAQs, Calendar, elc.) • Project Management • Testing • Review • Content Migration -Includes retouching of all existing pubftshad pages to ensure proper formatting, menu structure, and appllcatlon of new site styles. Note: Content will n9.t be rewritten, reformatted or pages broken up (shortened or 11Heotlonedl • • Site styles and page layouts wlll be touched so all pages match the new design and migrate cleanly • Spel&ng and broken llnlcs wlA be checked and reported If unable to correct CivlcPlus • 317 Houslon Sl, Suite E • Manhattan. KS 66502 • www.ClvlcPlus.eom Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ekl 307 • Fax 785-587-8951 Exhibit B 1 of 1 ,. i I I l t I , I i ; 43 .. .. ...·. ·' 'I. .. : ...... :,: .: ",,··. ··: ·;:i: .. fF<)1 . . ' . • •.· • -=-:· 44 MIAMI DAILY BUSINESS REVIEW Publlsltad Dally except Sallllday, Sunday and Legal Hollday9 Miami, Miami-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared 0. V. FERBEYRE, who on oath says lhal he or she is th& VICE PRESIDENT • Legal Notices of the Miami Dally Business Review f/k/a Miami Review, a dally (except Saturday, Sunday and Legat Holidays) newspaper, published at Miami In Mfaml,Dade County, Florida; that the attaohed 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 ol 01/11/2013 Affiant further says that the said Miami Dally Business Review rs a newspap~ pubr!Shed at Miami In said Miami-Dade eounty, Florida and that the said newspaper has heretofore been continuously publlshed In said Miami-Dade Counly, Florida, each day {except Saturday, Sunday and Legal Holidays) and has been entered as second claSS man matter at Iha post office in Miami In said Miami-Dade County, Florida, for a period of one year next precer:fing the ffrat publcallon of the attached copy of aclVerllsement; and afflant further says that ha or she has nellherpald nor promised any parson, firm or corporaUon any dlscOunt, rebate, commission or refund for the purpose of securing ttt~, vertlsemn-l-fclt"QUbllcatlon In the said newspaper. • • Swom to and subscribed before me this (SEAL) O.V. FERBEYRE pe~onally known to me B.THOMAS ; Commission# DD 937532 Expires November 2, 2013 llondodllruTn,yl'aar,,..,..800-385-7019 45 C ;,;i 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 CivicPlus ("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. Name: Tim Grant (Print) Title: __ D_ire_c_to_r_o_f_S_a_le_s ______ _ !Date: _F_e_b_ru_a_ry_2_1,_2_0_1_a _____ _ Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ,~~~ City Attorney :1. T!;._RM _ __ The duration of this Ally Platform Subscription and SOW is approximately 12 months, commencing on or about the Effective Date. 46 CivicPlus will provide the following Saas Subscription: • Digital Accessibility Platform Project License e Up to 2 user accounts • Unlimited scans GI Authorized Domains Listed I Cofnpliallce Accelerat()r • Help Desk . https://www.southmiamifl.gov/ This Scope of Work is valid through March 1st, 2018. Included Included Included $15,625 The subscription purchased hereunder applies only to the domain(s) listed in the table, above. Utilization is tracked on a minimum, quarterly hour basis. As time is used, hours are deducted from those allotted per this Agreement. Technical Contact Information Client will identify a project lead to function as a single point of contact for the project. Name: --------------- Email: --------------- CIVICPLUS STATEMENT OF WORK -ALLY -v20170515 2 47 Upon execution of this SOW, CivicPlus will invoice Client 100% of the total Ally Platform Subscription Cost and the total Cost of Services. Billing Contact Information Invoices for fees, associated with this SOW, should be sent to the following email address(es): [i11$ertEf!lailA~dr~~(es)] B11ttngAddress·1: __________ _ (if different from Corporate Address provided with MSA) aia~na Ac1~reis: 1: __________ _ (if different from billing email address provided above) All payments shall be made in accordance with the tenns and conditions of the Agreement. Invoices will be expressed in US Dollars (USO). CIVICPLUS STATEMENT OF WORK -ALLY -v20170515 3 48 APPENDIX A SCOPE OF WORK CivicPlus Services shall consist of the following Deliverables: All Delivery Timelines are approximations and may vary. CivicPlus will· supply Client with Subscription to the Digital Accessibility Platform. C~lus will provision Digital Accessibility Platform User Accounts fur the .number of users includecJ ·with.the Subscription.,(per section 2. SERVICES ORDERED & COSTS) and, over tt'1e CODl'E·of the term of this SOW, supply Client with up-to three (3) f-houdraining sessions:vvith project stakeholders to walk end-users through the product features and ~ge instructions. • • CQmpliance Aceeterator Initial Accessibility Statement . HelpOesk Initial Compliance Audit Analysis Report In coordination with CivicPlus, Client to i.nbecr: the AudioEye JavaScript. Once installed, the AudioEye JavaScriptdeliv•·~rated.issue fixes that dynamically improve the level of compfianceand usability. As ·an option,. CivicPlus to supply Accessibility Statement detailing the Client's commitment to Accessibility. • ••• 0 CivicPlus may author & host Accessibility Sfaterrient, which may be embedded within Client site via anFJame. a Alternatively, Client may host and deRfoy wjth i)uidance & authotship provided by CivicPlus. 1f 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. Pre-Implementation site evaluation report provided to client. CIVICPLUS STATEMENT OF WORK -ALLY -v20170515 4 49 Auditing, Training, and Consulting Compliance Audit Analysis Report ~' -~ntllpdate • Functional Usability Testin . . g lmpJementation Rnalization- 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 requir~d in order to achieve conformance with Web Content Accessibility Guidelines ,y./CAG) 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 accessibirtty .detected and validated from a detailed Technical Analysis of site code. The vast maiodtv of issues ,epo,ted in the Fix view are remediated before the end of Implementation Phase I. Implementation Phase I site evaluation report provided to client. lf::~~e, CivicPlus to update Accessibility Sta~ent detailing ~ of Cfleffl'sjoumey1o achieving compliance with WCAG 2.0 Level AA;, ~ 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 JnclU$ic)n for.their t:;ite visitors. The goal d these discussions is to\estahlish formal malketing tangua e . • • • and tactics to be ~:i>,craent·in theirpromOOC: ~~ and continued miiJmitment·.• Manual Testing using Assistive Technologies, conducted by (in some ~). _indiViduaJs with disabilities. Ct>ntinued Technical Analysis & Automated Testing: CivicPlus Engineers to finalize compliance audit evaluation (as defined in J~on Phase I). Continued Accessibility Training -Accessibiflty Engineer (SME} / 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 aient Web domain(s). 0 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. e To the extent that certification requires additional Managed Services (as outlined, below) in order to achieve compliance CIVICPLUS STATEMENT OF WORK -ALLY -v20170515 5 50 Final Compliance Audit Analysis Report Ally Toolbar Ongoing Maintenance, Monitoring. and Testing Regtilar Compliance Aucliting Quarterly Reporting certification (i.e. Closed Captioning/Transcription of Video Content, Document Remediation, or Audio Descriptions), CivicPlus makes availabte these Additional Services on a Time & Materials basis. Post-Implementation site evaluation report provided to client. CivicPJus to provision Ally Toolbar with Reader, Player, Site Menu, Page'Bements Menu, anclHelp Desk ~~;-az; ~~~-~~ a::-e:•=~u: CivicPlus shall also provide the following additional CivicPlus Professional Services, which shall consist of the following deliverables: 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 11/111, 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 51 AA Success Criteria. These tests are conducted through, both, automated and manual pr9cesses, 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 timelines 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 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 52 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, UA T, 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. 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 53 • Web /\ccessibH ity iniriat1ve WCAG 2 at a Glance Perceivable ■ Provide text alternatives for non-text content. ■ Provide captions and other alternatives for multimedia. ■ Create content that can be presented in different ways, including by assistive technologies, without losing meaning . . ■ Make it easier for users to see and hear content. Operable ■ Make all functionality available from a keyboard. • Give users enough time to read and use content. ■ Do not use content that causes seizures. ■ Help users navigate and find content. Understandable ■ Make text readable and understandable. ■ Make content appear and operate in predictable ways. ■ Help users avoid and correct mistakes. Robust ■ Maximize compatibility with browsers and user tools. This page provides a summary of Web Content Accessibility Guidelines fNCAG 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: • WCAG Overview -www.w3.org/WA1lintro/wcag • How to Meet WCAG 2.0: A customizable quick reference to WCAG 2.0 requirements (Success Criteria) and techniques -www.w3.org/WAI/WCAG20/quickref Online at www.wJ.org/WAI/WCAG20/glance • CoR)'.rii:ht © 2008 W3C® (MIT, ERCIM, Keio).• Status; Updated 9 March 2011 . 54 12/6/2017 Overview of tile Final Rule -United States Access Board ~7 UNITED STATES ACCESS BOARD ~ • Advancing Full Access and Inclusion for All jsearch ··-®··~;;;i;"icr ~-.....••. ;. 0 SIIIU'dl eatlre ""8 The Board I Guidelines & Standards \ Training l Enforcement I Research .!:m!!Bl > Guidelines and Standards > communications & IT > AbOut the ICT Refresh > OVervlew of the Flnal 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 aa:essibllity requirements for Information and communication technology (JCT) 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 JCT requirements. The preamble to the final rule discuSSes the requirements In greater del:BII. Updalied Section 508 Standards for Federal ICT The Access Board's final rule revises and refreshes its standards for Information and communication technology In tile federal sector covered by Section S08 of the Rehabilitation Act of 1973. The Board's.Section S08 Standards, which were first JsSued in 2000, apply to JCT 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, websites, Information kiosks and transaction machines, and electronic documents. Updated Section 255 Guldellnas for Telecommunlcatlans Equipment 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 25S Guidelines, which the Board Initially published in 1998, cover telecommunications equipment and customer premises equipment, lndudlng 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 fund:ion of such equipment. Goals af the Refresh The Board updated the S08 Standards and 2S5 Guidelines jointly to ensure consistency in accessibility across the spectrum of information and communication technologies (ICT) covered. Other goals of this refresh indude: • enhancing accessiblllty to JCT 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 .. Haw the Ftnal Rule was Developed The Access Board Initiated this update by organizing an advisory committee to review tile 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, disablllty groups, and government agencies. Its membership also lnduded representatives from the European Commission, Canada, Australia, and Ja~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 tile committee's report in 2010 and 2011 and followed up with an official notice of proposed rulemaking In February 2015. With each release, tile 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. ICT REFRESH About the ICT Refresh Final Rule (January 2017\ overview af the Rule Anal Regulatory Impact Analysls Badc:ground other Resources EMAIL UPDATES Sign up for updates on the ICT Refresh: jEnterEmail I Subscribe j CONTACT INFORMATION TlmCreagan (202) 272-0016 TIY: (202) 272-0073 Fax: (202) 272-0081 craaqan@access- board.gov https://Www.access-boarcl.gov/guidellnes-end-standerds/communications-and-it/about-the-ict-refreshfoverview-of-the-final-rule 114 55 12/6/2017 Overview of the Final Rule -United States Access Board Major Changu The final rule revises both the structure and substance of the JCT requirements to further l!ICCessibility, fl!lcllltate compllani:e, and make the document easier to use. Major changes include: • restructuring provisions by functionality Instead of product type due to the Increasingly multi-functional capabllltles 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 websites, 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 leamlng disabilities; and • harmonizing the requirements with lnternatlonai standards. Incorporation of the Web Content Acc:ualblllty Guldellnes (WCAG) The final rule incorporates by reference a number of voluntary amsensus standards, including WCAG 2.0. Issued by the W3C's Web A~ibility 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 W5C. :® . . . . . ,-.--··-• 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-compllant 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, Caoada, Australia, New Zealand, Japan, Germany, and France. Harmonization with European Commlulon ICT 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 lCT products and services In Europe• (EN 301 549) which Is available for use by European government officials as technical specifications or award criteria In public procurements of JCT products and services. The Board has worlced to ensure broad harmonization between Its JCT 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 SOB-covered and 255-covered JCT 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, lnduding websites, documents and media, blog posts, and social media sites. The final rule also specifically lfsts 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 notific:ations, 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 intranets. "Safe Harbor" for Legacy ICT 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 JCT that compiles with the existing 508 Standards and Is not altered. Any https://www.access-board.gov/guidelines-encl-standards/communications-and-it/about-the-lct-refresh/overvlew-of-the-final-rule 2/4 56 12/612017 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. Function ■! Perform■nce Criteria (Chapter 3) The functional performance criteria are outcome-based provisions that address accesslblllty relevant to dlsabl1lties impacting vision, hearing, color perceptiOn, speech, cognition, manual dexterity, reach, and strength. These crlter-la 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 facili~tion. 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 al.so 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. -:; •. , . •••• t -. . Tec:hnlcal Requirements for Hardware and Software (Chapten 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. I . Software requirements In Chapter 5 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) 0 . . 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 non-electronic format. Support services, Including help desks, call c:enters, training services, and automated technical support must accommodate the communication needs of customers with disabilities and Include information on access and compatlblllty 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 (ITIJ-T Recommendation G.722.2, Serles G. Transmission Systems and Media, Digital Systems and Networks or IETF RFC 6716, Definition of the Opus Codec) • audio description by digital television tuners (A/53 Digital Television Standard, Part 5: AC-3 Audio System 0,aracterlstlcs) • accessible PDF files (ANSI/AIIM/ISO 14289-1-2016, Document Management Applications -Electronic Document File Format Enhancement for Accesslblllty -Part 1: Use of ISO 32000-1 (PDF/UA-1)) • keypad arrangement (1 ITU-T Recommendation E.161, Serles E. Overall Network Operation, Telephone Service, Service Operation and Human Factors) Effective Date and Next Steps https://www.access-board.gov/guidelines-and-standards/communlcatlons-and-lUabout-the-ict-refresh/overview-of-the-final-rule 3/4 57 12/6/2017 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 S08 Standards immediately. The Rehabilitation Act gives the Federal Acquisition Regulatory.Councll (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 prorurements for 508- ---, "11rnw i·· _::_ \\{H)\ , · -fl 1: \ Federal • I 'Acquisition I' , ' _ Regulation 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 oontinue to serve as the accessibfllty standard for all SOB-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 rulemaklng to revise Its existing regulations, It has the discretion to adopt the Board's 255 Guidelines In whole or In part. Any FCC rulemaklng, when completed, will specify the effective date for Its updated accesslbllity requirements under section 255. Further Information For further Information on this rulemaldng, visit the Board's website at www.access-board.gov, send a message to 508@access-baard.gov, or contact Bruce Bailey at (202) 272-0024 (v), (202) 272-0070 (TTY) or Timothy Creegan at (202) 272-0016 (v}, (202) 272-0074 (TTY). January 2017 Contact Information U.S. Access Board 1331 F Street NW, Suite 1000 Washington, DC 20004-1111 Voice: (202) 272-0080 or (800) 872-2253 TIY: (202) 272-0082 or (800) 993-2822 Fax: (202) 272-0081 Contact Us Sitemap En Espaliol Privacy Office of Special counsel Accessibility Statement Budget and Performance No Fear Act Data Freedom of Information Partner Sites (gJ DISABILITY.GOV . -----· ..... •---· --··-··· ----.. gl USA.GOV _______________ _ (gJ REGULATIONS.GOV ----· . ······-· ·····--··--------------- _gl FrnERALREGISTER.G_OV ____ _ https://www.acoess-board.gov/guldellnes-and-standards/communicalions-ancl-lt/about-the-lct-refresh/overvlew-of-the-flnal-rule 4/4 r 58 C ~ Service & License Agreement for Soutlh Miami, fl 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 fee. 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 $250 per completed request. 6. Client acknowledges and agrees that certain services for which Client is contracting hereunder may be rendered by or with third-party providers under contract with CivicPlus, and thus the cost of such services hereunder is dependent upon the financial arrangements between CivicPlus and such third-party providers. Client acknowledges and agrees that the price to Client for the services hereunder may be reasonably adjusted at any time, at CivicPlus' sole discretion, to reflect an increase in cost to CivicPlus as a result of its financial arrangement with a third-party provider. Client acknowledges and agrees that this Agreement as so modified will continue in full force and effect as otherwise provided herein, and that Client will pay any such increased price according to such other payment terms hereof. J[f !PJn·nce illllcreases gn·eate1r tllllallll 5%, cRfamt l!Ililay Agreement Renewal te1rmmiimate witlmorOJ1t pellllalilty. 7. The term of this Agreement shall be 5 years from February 1, 2018. 8. EittJetp~rl'J m~y,~pnin~ the Ai'mual Support, Maintenance & Hosting:Agreement ?tt!JeJ~nd of t!Je CQ_ntra~ter.n by pro-.'idir,g ttiEf9ff}er:parl'/YnttnSOcfays~rrnotice, .prior to the cqntract renewa!date. 9. 1r:tttJe.~5~tltJh$t r.~~tP~rtY. gj\~ .eo days:!J9tice prtor to lhe end Qf the initjat .or ant_ subsequent term, ·this Ag~ent \~i!! _au.tom.attcany·.re!'.19'4'-~.-an _ad~ition$1-con~ct term. 10. In the event of early termination of this Agreement by the Client, full payment of the remainder of the contract is due within 15 days of termination. 11. Each year this Agreement is in effect, a technology investment and benefit fee of 5 percent(%) of the total Annual Support, Maintenance & Hosting costs will be applied. S11.1pport 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 2417/365 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 fee. 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. 4'"Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 Page 1 of 3 59 C ~ 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 sole 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,te-tlieccinditions specified in this document, understand and authorize the provision of services outlined / ..-=-7 in this Agree~ent. ~ _ _,,.,..,..--:--/ -·-----, _ r• --------z/ ~ -~~:)_/.) '-~:/ ;~J:::::·/2> Client 7 Date ----✓ Read and M>Proved as to Form, Language, Legaljty;and Execution Thereof: /" SJ~-tu ~~#4= 1gna re: __________ _ City Attorney February 21, 2018 CivicPlus Date Sign and E-mail the entire contract with exhibits to: Contracts@CivicPlus.com We will e-mail a counter-signed copy of the contract back to you so we can begin your project. CivicPlus does not require a physical copy of the contract, however, if you would like a physical copy of the contract, mail one (1) copy of the contract with original signature to: CivicPlus Contract Manager 302 S. 4111 Street, Suite 500 Manhattan, KS 66502 Upon receipt of signed original, we will counter-sign and return 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 of 3 60 C ~ Service & License Agreement for South Miami, Fl Arm1U1al SIUlpport, Maintenance and Hosting Fee ~019 Total Annual Fees Includes SSL Certificate and +10 CRT User Licenses Effective through February 1, 2019 (subject to 5% annual increase) 2020 Total Annual Fees Includes SSL Certificate and +10 CRT User Licenses Effective through February 1, 2020 (subject to 5% annual increase) 2021 Total Annual Fees Includes SSL Certificate and +10 CRT User Licenses Effective through February 1, 2021 (subject to 5% annual increase) 2022 Total Annual fees Includes SSL Certificate and +10 CRT User Licenses Effective through February 1, 2022 (subject to 5% annual increase) 2023 Total Annual Fees Includes SSL Certificate and +10 CRT User Licenses Effective throuah Februarv 1, 2023 (subject to 5% annual increase) Annual Support, Maintenance & Hosting Service Include the Following: Support Maintenance of CivicPlus Hosting Application & Modules 7 a.m. - 7 p.m. (CST) Monday -Friday Install Service Patches for OS 1x SSL Certificate $6,128.25 $6,434.66 $6,756.39 $7,094.21 $7,448.92 (excluding holidays) System Enhancements Shared Web/SQL Server 24/7 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. 41h 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 of3 61 Jo Whom It May Concern, c;» CIVICPLUS HELPING COMMUNITIES ENGAGE.&MERACT • 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 ~edicated to serving local government websites. •• Included .in the standard CivicPlus development package are applications that are unique to the • Ci_vicPlus' 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 sole provider of these applications as a part of an all-inclusive, standardized content management syste~,. CivicEngage . . No; other organization offers our unique product and service package, coupling our CMS with • scime of the most useful web applications available to municipal governments . . Regards, v~4~+ Tim Grant • CivicPlus Dir.ector of Sales Main 888 .. 228-2233 Fax 785-587-8951 Grant@CivicPlus.com • www.CivicPlus.com • Fede.-.1 Tax ID 48-1202104 GSA Contract #GS-35F-0124U CORPORATE Ol'FICE 302 South 4th Street, Sui1e 500 Manhattan, KS 66502 888.228.2233 + FAX 785.587.8951 +CivicPlus.com 62 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. AudloEye 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 qnly 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 c;a 63 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturda)•, 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 f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, pubfished at Miami in Miami-Dade County, F lortda; th al !he attached copy of advertisement, 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 02/09/2018 Affiant further says that the said Miami Daily Business Review is a newspaper pubnshed at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously publislled in said Miami-Dade County, Florida eaeh 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 newspaper. JOHANA OLIVA personally known to me BARBARA TI-IOMAS Com1rdssion It GG 121171 ii Expires November 2, 2021 Bonded ihru Troy Fain Insurance U00-385-7019 CITY OF SOUTH l!WI.AIMIB N@TUCII! OF PUBLIC HEARDNGi . NOTICE IS HEREBY given that the City Comn:iission of th_e City of ~~h Miami, Florida will conduct Public Hearing(s) at 1ts-regu~r <_;,ty ?on:1m 1ss1o.n meeting scheduled for Tuesday, Februaiy 20, 2018, be?ITTn,ng at 7.~0. p.m., in the City Commission C!]ambers, 6130 Sunset Dnve, to consider the following ilem(s): • • • ~A ResPlution a~o;izing the City Manage~ to ante~ (nto a multi.:y~·) renewal agreement wlth Icon Ent~pr;ses;_ Inc., dfb/a CtvicPlus for w~b~1te . support, maintenan~e and· hosting services and a fiv,year subscnpttO(l for Audi0Eye. • . • 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 • OeveJoprnent Code permitting Outdoor Seating/Dining on all commercial properties that are within the Hometowri District Overlay Zone (HO). An Ordinance amending the City's-Land Development. Code, Section 20-3.3(D) 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 cftstrict) 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 Pursuant to Florida Statutes 286.0105, the City hereby adVises the public that ii a person decides to appeal any decisiol). mad.e by this Board, Agency or Commission with respect to any matter considered at its meeting or •1 hearing, he or she will .need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim ~ord of the I proceedings is made which record includ_es the testimony and evidence : upon which the appeal is to be based. • 2/9 18-43/0000295671M \ \ \ i 64 22SE I I NEIGHBORS www.chlnesenewyearfesllvalmiaml.org 1·•1 Chinese Cultural .Fon~dation ,,·· i •··11 .. ·· ·•· -··•-···'·: •---·-:_n .. •··~-----·•:, • • ..... · -·· • : / ·.i ·:,_ .... :~: ·~· /:~.--••• ~~ar.~f~e-D~g .. •• . , .· _ • • .. .. . 4716 Chinese New-Year Festival Sunday, February 18, 2018 -11:00 am to 6:00 pm Exotic: Asian Food • Ari and Crafts• Cullural-Shows FEATURING: f ♦ Sltto•lihl AG,ONi. QJ : =~J:!'"""• ol Oi1ney. 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Affordable Price. 10/17/23, 3:39 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=CIVICPL…1/2 Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company CIVICPLUS, LLC Filing Information M19000006674 48-1202104 06/26/2019 KS ACTIVE LC STMNT OF RA/RO CHG 09/18/2019 NONE Principal Address 302 S 4TH STREET, STE 500 MANHATTAN, KS 66502 Mailing Address 302 S 4TH STREET, STE 500 MANHATTAN, KS 66502 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 Name Changed: 09/18/2019 Address Changed: 09/18/2019 Authorized Person(s) Detail Name & Address Title AP REMPE, BRIAN 302 S 4TH STREET, STE 500 MANHATTAN, KS 66502 Title AP D C Florida Department of State 65 10/17/23, 3:39 PM Detail by Entity Name https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=CIVICPL…2/2 Cheever, Cole 302 S 4TH STREET, STE 500 MANHATTAN, KS 66502 Title Authorized Representative Vikander, Amy 302 S 4TH STREET, STE 500 MANHATTAN, KS 66502 Annual Reports Report Year Filed Date 2021 01/27/2021 2022 01/14/2022 2023 02/02/2023 Document Images 02/02/2023 -- ANNUAL REPORT View image in PDF format 01/14/2022 -- ANNUAL REPORT View image in PDF format 01/27/2021 -- ANNUAL REPORT View image in PDF format 03/17/2020 -- ANNUAL REPORT View image in PDF format 09/18/2019 -- CORLCRACHG View image in PDF format 06/26/2019 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations 66 302 S 4TH STREET, STE 500 MANHATTAN, KS 66502 Current Principal Place of Business: Current Mailing Address: 302 S 4TH STREET, STE 500 MANHATTAN, KS 66502 US Entity Name: CIVICPLUS, LLC DOCUMENT# M19000006674 FEI Number: 48-1202104 Certificate of Status Desired: Name and Address of Current Registered Agent: CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301 US The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Electronic Signature of Registered Agent Date Authorized Person(s) Detail : I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: Electronic Signature of Signing Authorized Person(s) Detail Date FILED Feb 02, 2023 Secretary of State 9337498722CC AMY VIKANDER AUTHORIZED REPRESENTATIVE 02/02/2023 2023 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT No Title AP Name REMPE, BRIAN Address 302 S 4TH STREET, STE 500 City-State-Zip:MANHATTAN KS 66502 Title AUTHORIZED REPRESENTATIVE Name VIKANDER, AMY Address 302 S 4TH STREET, STE 500 City-State-Zip:MANHATTAN KS 66502 Title AP Name CHEEVER, COLE Address 302 S 4TH STREET, STE 500 City-State-Zip:MANHATTAN KS 66502 67 68 MIAMI-DADE STATE OF FLORIDA COU NTY OF MIA MI-DADE : Before the undersigned authority personally appeared GUI LLERMO GARC IA, who on oat h say s that he or she is the DIR ECTOR OF OPERAT IONS, Le gal Notices of the Miami Dai ly Business Rev iew f/k/a Miami Review , of Mia mi-Dade Cou nty, Flori da; that the attache d copy of advertiseme nt , bei ng a Lega l Adve rtise me nt of Not ice in th e matter of CITY OF SOUTH MIAMI. PUB LI C HE AR ING· NOV . 7 , 2023 in the XXXX Court , was published in a newspaper by print in the issues of Miam i Da ily Business Review f/k/a Miami Review o n 10/27/2023 Affiant further says \hat the newspaper comp li es with all lega l requirements for publication in chapter 50 , Florida Sworn to and subscribed before me this 27 day of OCTOB ER, A.O. 2023 (S L) GU ILLE RMO GARC IA perso nally kn own to me CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION MEETING NOTICE OF PUBLIC HEARING Notice is hereby given that the City Commission will hold a public hearing on T November 7 2023 at 7: at Hall Com Chambers 6130 Sunset Drive So to consider the following public hearing item(s): ' A RESOLUllON AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUL Tl-YEAR SOLE SOURCE RENEWAL AGREEMENT WITH CIVICPLUS LLC FOR WEBSITE SUPPORT, MAINTENANCE ANO HOSTING SERVICES , ANO A SUBSCRIPTION FOR AUDIOEYE, A PROGRAM THAT ENABLES THE CITY'S WEBSITE TO BE MORE ADA ACCESSIBLE, PROVIDING FOR IMPLEMENTATION; I CORRECTIONS; SEVERABILITY; ANO AN EFFECTIVE DATE. A RESOllUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHOR IZING THE CITY MANAGER TO ENTER INTO A MULTI-YEAR RENEWAL AGREEMENT FOR THE CITY'S PHONE SYSTEM HARDWARE ANO LI CENSE RENEWAL WITH SWITCH TECH INTERNATI ONAL, INC. D/B/A TELESWITC H PRO VIDI NG FOR IMPLEMENTATION; CORRECTIONS; SEVERAB ILITY; ANO AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI,_ FLORIDA, APPROVING_!.~ELOPM~ AGREEMENT WITH ANCHOR MIAMI IRF OWNER, LLC , AND SOUTH MIAMI HOSPITAL, INC ., FOR THE PROPERTY LOCATED AT 6233 SUNSET DRIVE, 6201 SUNSET DRIVE , AND 7150 SW 62 AVENUE , SOUTH MIAMI, FLORIDA, PURSUANT TO SECTION 20-8 .9 OF THE LAND DEVELOPMENT CODE ; AUTHORIZJ NG THE CITY MANAGER TO EXECUTE THE DEVELOPMENT AGREEMENT; PROVIDING FOR CORRECTIONS, IMPLEMENTATION, REPEALER, SEVERABIUTY , AND AN EFFECTIVE DATE . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF TH E Cl1'< OF SOUTH MIAMI, FLORIDA, CALLI NG A SPECIAL ELECTION TO BE HELO ON MARCH 19, 2024, FOR THE PURPOSE OF SUBMITTING TO THE EL ECTORATE A PROPOSED AMENDMENT TO SECTION 4 'FRANCHISE " OF ARTICLE VI 'GENERAL PROVISIONS ' OF THE CITY CHARTER, AS PRESENTED IN A BALLOT QUESTION TO EXCLUDE LEASES OF CITY PROPERTY FROM THE ENACTMENT PROCEDURES AND TERM LIMITATIONS IN THE CHARTER APPLICABLE TO FRANCHISES; PROVIDING FOR REQUISITE BALLOT LANGUAGE AND CHARTER AMENDMENT TEXT FOR SUBMISSION TO THE ELECTORATE; PROVIDING FOR THE CITY CLERK TO UTILIZE THE SERVICES OF MIAMI -DADE COUNTY SUPERVISOR OF ELECTIONS FOR THE SPECIAL ELECTION; PROVIDING FOR AUTHORIZATION, IMPLEMENTATION, CORRECTIONS AND AN EFFECTIVE DATE . 69 A RESOLUTION OF THE MAYOR AND CllY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, CAWNG A SPECIAL ELECTION TO BE HELD ON MARCH 19, 2024 , FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO SECTION 4 "FRANCHISE " OF ARTICLE VI 'GENERAL PROVISIONS ' OF THE CITY CHARTER , AS PRESENTED IN A BALLOT QUES TION TO INCREASE THE TERM LIMITATION OF FRANCHISES , INCLUDING LEASES , FROM FIFTY (50) YEARS TO ONE HUNDRED (100) YEARS ; PROVIDING FOR REQUISITE BALLOT LANGUAGE AND CHARTER AMENDMENT TEXT FOR SUBMISSION TO THE ELECTORATE; PROVIDING FOR THE CITY CLERK TO UTILIZE THE SERVICES OF MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS FOR THE SPECIAL ELECTION ; PROVIDING FOR AUTHOR IZATION , IMPLEMENTATION, CORRECTIONS AND AN EFFECTIVE DATE. A RESOLUTION OF THE MAYOR AND CllY COMMISSION OF THE CITY OF SOUTH MIAMI , FLORIDA, CALLING A SPECIAL ELECTION TO BE HELD ON MARCH 19, 2024, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO SECTION 4 'FRANCHISE ' OF ARTICLE VI 'GENERAL PROVISIONS ' OF THE CITY CHARTER , AS PRESENTED IN A BALLOT QUESTION TO INCREASE THE TERM LIMITATION OF FRANCHISE LEASE AGREEMENTS FOR CITY PROPERTY FROM FIFTY (50) YEARS TO ONE HUNDRED (100) YEARS; PROVIDING FOR REQUISITE BALLOT LANGUAGE AND CHARTER AMENDMENT TEXT FOR SUBMISSION TO THE ELECTORATE; PROVIDING FOR THE CITY CLERK TO UTILIZE THE SERVICES OF MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS FOR THE SPECIAL ELECTION ; PROVIDING FOR AUTHORIZATION, IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE . A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, CALLING A SPECIAL ELECTION TO BE HELD ON MARCH 19, 2024, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO SUBSECTION H OF SECTION 5 'POWERS AND DUTIES ' OF ARTICLE Ill 'CllY MANAGER ' OF THE CITY CHARTER, AS PRESENTED IN A BALLOT QUESTION TO ALLOW THE COMMISSION TO SET PURCHASING LIMITATIONS BY ORDINANCE FOR CITY PURCHASES OF GOODS AND SERVICES; PROVIDING FOR REQUISITE BALLOT LANGUAGE AND CHARTER AMENDMENT TEXT FOR SUBMISSION TO THE ELECTORATE; PROVIDING FOR THE CITY CLERK TO UTILIZE THE SERVICES OF MIAMI -DADE COUNTY SUPERVISOR OF ELECTIONS FOR THE SPECIAL ELECTION; PROVIDING FOR AUTHORIZATION , IMPLEMENTATION, CORRECTIONS, AND AN EFFECTIVE DATE. AN ORDINANCE AMENDING THE FY 2022-2023 CAPITAL AND OPERATING BUDGET ADOPTION AND ALLOCATING AN INCREASE OF $165,196.47 TO NON-DEPARTMENTAL ACCOUNT 001 .2100 .519.2250 FOR THE SOUTH MIAMI POLICE OFFICERS RETIREMENT TRUST FUND PREMIUM DISTRIBUTION. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, APPROVING A FRANCHISE AGREEMENT WITH REDSPEED FLORIDA, LLC FOR THE INSTALLATION AND OPERATION OF SPEED DETECTION SYSTEMS FOR ENFORCEMENT OF SPEED LIMIT VIOLATIONS OCCURRING IN ELIGIBLE SCHOOL ZONES AND RELATED TRAFFIC REPORT SERVICES AT NO COST TO THE CITY, CONTINGENT UPON FULL COMPLIANCE BY THE CITY AND REDSPEED FLORIDA, LLC WITH ALL THE REQUIREMENTS OF CHAPTER 2023-174 OF THE LAWS OF FLORIDA; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A FRANCHISE AGREEMENT WITH REDSPEED FLORIDA LLC FOR THE SERVICES; PROVIDING FOR IMPLEMENTATION, CORRECTIONS, SEVERABILITY AND AN EFFECTIVE DATE . AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CllY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO CONVEY A 2020 FORD SUV VEHICLE TO OFFICER RODNEY NAPIER ; PROVIDING FOR IMPLEMENTATION, CORRECTIONS , SEVERABILITY , AND AN EFFECTIVE DATE . Zl3 70 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AMENDING SECTION 15-65, 'CAMPING PROHIBITED; EXCEPTIONS,' OF CHAPTER 15, 'OFFENSES AND MISCELLANEOUS PROVISIONS,' OF THE CITY CODE OF ORDINANCES TO PROHIBrT OVERNIGHT CAMPING ON PUBLIC PROPERTY AND PROVIDE FOR ENFORCEMENT PROCEDURES AND PENALTIES ; PROVIDING FOR CORRECTIONS; SEVERABILITY; CONFLICTS; IMPLEMENTATION; AND AN EFFECTIVE DATE . Comm ission members will participate in Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (htl s://zoom .us/i 3056636338 , by phone by calling +1-786-635-1003 and entering Meeting ID: 3056636338 when prompted, or In person in the Commission Chambers, and where their appearance will be broadcast on the Zoom platform, and where they can participate. 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. Pursuant to Section 286.0105, Fla. Stal., the City hereby advises the public that if a person decides to appeal any decision made by the Commission with respect to this matter, such person must ensure that a verbatim record of the proceedings Is made, which record includes the testimony and evidence upon which the appeal is to be based . This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does ii authorize challenges or appeals not otherwise allowed by law . ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service In order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 bus iness days before the meeting (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-663-6340, by mall at 6130 Sunset Drive, So~ Miami, Florida or email at npayne@southmlamifl.gov. 10/27 Nkenga A. Payne, CMC, FCRM City Clerk 23-69/0000691491 M SUNDAY OCTOBER 29 2023 NEIGHBORS ...................................................................................................19SE C onsidering recent and ongoing con- flicts in various parts of the world, we are all exposed to dis- turbing realities,images and information through multiple media —and our kids are no exception.It may leave us not knowing exactly what to do.Watch- ing the suffering of others unfold may lead to in- creased levels of stress, anxiety and even depres- sion among our kids,so parents and caregivers must address the issue rather than leave our chil- dren to try and process these difficult circum- stances by themselves. Parents need to be aware of what their children hear from friends,social media and other sources and how they are affected.To the degree possible,protect kids from potentially upset- ting images that cannot be unseen,by monitoring media sources,content and time online. We all need to take media breaks to reduce exposure.Make sure your kids’information sources are age-appropriate.And teach them healthy skepti- cism to help sort out facts and opinions and evaluate the accuracy of their news sources.For kids under 8, the goal is to prevent expo- sure to graphic details of traumatic current events, since young children likely will not fully understand and process such incidents. A Open the conversa- tion:Avoiding this difficult topic or waiting for your children to bring it up may be tempting,but parents should open the door.Start by making sure you are informed about the basic facts from credible news sources so that you can answer questions.Identify when you can devote all your attention to your kids and ensure your approach is tailored to your chil- dren's age and maturity. Ask open-ended ques- tions like:What have you heard about what’s going on in the world?What do you think about it?What are you worried about? What questions do you have?Give them time to respond.Actively listen and show that you have heard and understand by reflect- ing what you heard;do not minimize or dismiss their feelings.Let them talk more than you do. Normalize that violence is upsetting;that it is hard for anyone to hear about children and families being hurt or killed.Emphasize that you are there to help them through it,whether they feel afraid,worried, angry or even guilty.For informational responses, keep things simple.Answer what they ask,but there’s no need for extensive ex- planations in many cases. Younger kids most likely will not need much detail. Follow your child’s lead on how much they’re im- pacted and what they want to know.Keep communi- cation lines open so your kids know they can contin- ue the discussion when they have more questions or concerns.It’s OK if you don’t have all the answers. A Supporting effective coping:Let children and teens know they are safe, loved and supported by you and other adults around them.If they are concerned for their own safety,reas- sure them that they are safe.Spend time together doing something active and enjoyable like games, sports or storytelling.Share lots of hugs and high-fives if your child likes them. Even if you are feeling pessimistic,share an opti- mism with your kids that things can get better.Your kids will look to you for signs of how to handle things.Take prosocial ac- tions together as a family to participate in community support,humanitarian and relief efforts. News of world violence may be especially challeng- ing for children and youth with a personal history of trauma or who live in com- munities that experience higher rates of violence. Give them extra care and stay close and connected.If you or your child are expe- riencing more severe emo- tional or physical reactions to this world tragedy and violence,such as anxiety, trouble sleeping or focus- ing,reach out for help from your child’s school,child- care provider or pediat- rician.You can also call the Trust-funded 211 Helpline or visit 211Miami.org for local health and social service referrals. The Children’s Trust also provides free parent work- shops across the county as part of its Parent Club that offers more tools caregivers can use to support their children.Visit TheChildrensTrust.org/ ParentClub to sign up for a free workshop near you. K.Lori Hanson,Ph.D.,is chief of research,evaluation and strategic planning at The Children’s Trust. The Children’s Trust:Global conflicts can create anxiety for kids BY K.LORI HANSON . Special to the Herald 71