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Home My WebLink About092616_ca07Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners FROM: Renee Talley, Admin Assistant DATE: September 26, 2016 RE: Agreement — CivicPlus STATEMENT OF ISSUE: The Agreement with CivicPlus will replace the existing County website with a modern web platform that will enhance the County's ability to provide information to the public and staff. The scope includes website design, layout and hosting. ANALYSIS: Entering into the Agreement will enhance Jefferson County services and provide business continuity. FISCAL IMPACT: The contract amount of $38,229 is included in the approved 2016 Information Services budget. RECOMMENDATION: Approve and sign the Agreement with CivicPlus. REVIEWED BY• ty Administrat r Date Service & License Agreement Contract Information Contact Information Organization Jefferson County URL Street Address 1820 Jefferson Street Address 2 city port Townsend State WA Postal Code 98368 CivicPlus provides telephone support for all trained clients from lam —7pm Central Time, Monday -Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. Emergency Contact & Mobile Phone David Winegar Emergency Contact & Mobile Phone David Olsen Emergency Contact & Mobile Phone Todd Oberlander Billing Contact Renee Talley E -Mail rtalley@co.jefferson.wa.us Phone 360-385-9165 Ext. Fax 360-385-9195 Billing Address PO Box 1220 Address 2 city Port Townsend ST WA PostalCode 98368 Tax ID # 91-6001322 Sales Tax Exempt # Billing Terms Annual Account Rep Info Required on Invoice (PO or Job #) Contract Contact David Olsen Email dolsen@co.jefferson.wa.us Phone 360-385-9171 Ext. Fax Project Contact David Olsen Email dolsen@co.jefferson.wa.us Phone 360-385-9171 Ext. Fax CivicPlus • 302 S. 4`h Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 C GSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U GSA CivicPlus Statement of Work Labor Category GSA Hourly Rate with IFF Hours Total Cost Website Consultant $149.01 0 $0.00 Project Manager $135.86 60 $8,151.60 Network Consultant $135.86 0 $0.00 Wireless Network Technician $135.86 0 $0.00 Programmer $131.48 72 $9,466.56 Graphic Designer $109.57 72 $7,889.04 Writer $109.57 0 $0.00 Server and Network Technician $109.57 30 $3,287.10 Trainer $109.57 32 $3,506.24 PC Technician 1 $89.41 0 $0.00 Content Developer $80.64 84 $6,773.76 Subtotal $39,074.30 Discount ($845.30) Total First Year Fee (includes first year annual services of $7,980) $38,229.00 Project Development and Deployment • First Year Annual Services (Initial GCMS® upgrades, maintenance, support and hosting) • Server Storage not to exceed 20 GB • Services and Deliverables as described in Addendum 1 $38,229 • Premium suite of modules, as described in Addendum 2 • All desired pages of content migrated from http://www.co.iefferson.wa.us/ • 3 Years of Agendas & Minutes in PDF or DOC format migrated • 4 Days Virtual Implementation Training for up to 6 staff members Project Enhancements CivicSend CivicMobile Custom App Included Predictive Search 1 -year Virtual Webmaster (5 hours monthly) Annual Services (Continuing GCMS® Enhancements, Maintenance, Support and Hosting) Billed 12 months from SOW $7,980 Optional Services — Prices valid for 1 year from signing 5 GB Additional Server Storage - $130 annually 10 GB Additional Server Storage - $250 annually CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 Page 1 of 8 C pGSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U 1. Performance and payment under this SOW by and between Jefferson County, Washington ("Client") and CivicPlus ("CivicPlus") shall be subject to the terms & conditions of the Agreement by and between the General Services Administration and CivicPlus. 2. This SOW shall remain in effect for an initial term of one year (12 months) ("the SOW Initial Term) from signing. Following the SOW initial term, this SOW will automatically renew for an additional 1 -year Renewal Term, for a maximum of up to four one- year Renewal Terms over the life of this SOW. Either party may terminate this SOW during the SOW Initial Term or any subsequent Renewal Term with 60 days' written notice of intent to terminate. 3. Invoicing for the Total Fees Year 1 shall be as follows: a. Phase 2: Website Layout — one half of the Total Fees Year 1. b. Phase 4: Customized Website Training — Forty (40) percent of the Total Fees Year 1. c. Phase 5: Go -Live: Ten (10) percent of the Total Fees Year 1. 4. Renewal Term Annual Services shall be invoiced on the date of signature of relevant calendar years. Annual Fees of $7,980, including but not limited to hosting, support and maintenance services, shall be provisioned in accordance with Addendum 4 to this SOW #1 and shall be subject to a 5% annual increase beginning in Year 4 of service. 5. Payment is due 30 days from date of invoice. Unless otherwise limited by law, a finance charge of 2.9 percent (%) per month or $5.00, whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). 6. Client allows CivicPlus to display a "Government Websites by CivicPlus" insignia, and web link at the bottom of their web pages. Client understands that the pricing and any related discount structure provided under this agreement assumes such perpetual permission. 7. If a client change in timeline causes CivicPlus to incur additional expenses (i.e. airline change fees), Client agrees to reimburse CivicPlus for those fees. Not to exceed $1,000 per CivicPlus resource per trip. Ownership & Content Responsibility 8. Upon full and complete payment of submitted invoices for the Project Development and launch of the website, Client will own the Customer Content (defined as website graphic designs, the page content, all module content, all importable/exportable data, and all archived information). 9. 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. 10. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be construed to be time -sensitive, such as calendar or blog content. Intellectual Property 11. Intellectual Property of the CivicPlus Government Content Management System (GCMSO) will remain the property of CivicPlus. 12. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the GCMSO software in any way; (ii) modify or make derivative works based upon the GCMSO software; (iii) create Internet "links" to the GCMSO software or "frame" or "mirror" any GCMSO administrative access on any other server or wireless or Internet -based device, or (iv) reverse engineer or access the GCMSO software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the GCMSO software, or (c) copy any ideas, features, functions or graphics of the GCMSO software. The CivicPlus name, the CivicPlus logo, and the product and module names associated with the GCMSO software are trademarks of CivicPlus, and no right or license is granted to use them. Indemnification 13. Client and CivicPlus shall defend, indemnify and hold the other Party harmless, its partners, employees, and agents from and against any and all lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses including attorney's fees of any kind, without limitation, in connection with the operations of and installation of software contemplated by this CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 Page 2 of 8 C ;) GSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U Agreement, or otherwise arising out of or in any way connected with the CivicPlus provision of service and performance under this Agreement performance under this Agreement to the extent that such liability arises from Client's or CivicPlus' negligence. Liabilities 14. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the Client. 15. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed/contracted on the Client's behalf. 16. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end-users' Personal Data on the website. Client further agrees that CivicPlus has no responsibility for the use or storage of end-users' Personal Data in connection with the website or the consequences of the solicitation, collection, storage, or other use by Client or by any third party of Personal Data. Insurance 17. CivicPlus will carry and maintain throughout the period of the Agreement comprehensive general liability insurance in the amount of $1,000,000 to cover all classifications of work contemplated herein, and will also carry and maintain auto liability insurance within the limits of $1,000,000 for each person and for each occurrence. CivicPlus shall also carry standard professional liability insurance covering damages resulting from errors and omissions of the CivicPlus or his employees or agents; the limit of liability shall be not less than $1,000,000. All policies shall provide coverage on an occurrence basis. Certificates demonstrating insurance coverage shall be furnished to the County within 15 days of the execution of this Agreement showing all required coverages, limits, and endorsements. Coverage must be conditioned upon the County receiving thirty days prior written notice of reduction in coverages, cancellation, or non -renewal. Maintenance of such insurance is a condition precedent to the compensation of CivicPlus. CivicPlus shall also maintain statutory workers' compensation insurance and employer's liability insurance to cover employees and volunteers as required by state and federal law. All insurance required by this paragraph must be primary and non-contributory. CivicPlus's liability insurance policies must be endorsed to show this primary coverage. Dispute Resolution Procedure 18. Any dispute or controversy arising out of or relating to this Agreement, or breach thereof, shall be settled by the following procedure. a. Level 1: Before entering into Level 2 or Level 3 of this Dispute Resolution Procedure ("DRP"), CivicPlus and Client shall enter into a management meeting for the purpose of resolving the dispute or controversy through normal business management practices. The meeting must be held between upper-level managers of both Client and CivicPlus. Both parties agree to put forth their best efforts in these meetings. The meeting shall be held at Client's. The Level 1 period shall begin when one party gives notice to the other by certified mail that it is entering into this Level 1 procedure to resolve the dispute. b. Level 2: Only after the parties have completed Level 1 of the DRP without resolving the dispute or controversy and before entering into Level 3 of the DRP, Client and CivicPlus shall enter into a mediation process. Each party shall bear its own costs in preparing for and conducting mediation, except that the joint costs, if any, of the actual mediation proceeding shall be shared equally by the parties. The mediation process is defined as follows: The parties shall select a mutually agreeable mediator to aid the parties in resolving the dispute or controversy. The mediator shall not be an employee or former employee of either party. The mediation shall be held at a mutually agreeable location. c. Level 3: Only after the completion of both Levels 1 and 2 above without a satisfactory resolution of the dispute or controversy, may either party bring suit in the Superior Court of the State of Washington in and for Jefferson County. Each party shall bear the cost of their own legal expenses if Level 3 is used. Law and Venue 19. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington, and the parties stipulate that venue for any matter which is a subject of this SOWt shall be in the County of JEFFERSON, State of Washington. CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 Page 3 of 8 C ;) GSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement. Client Date CivicPlus Date c 5 P/?Psc '.A fl #OY-M 'C-) , CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Page 4 of 8 V. CPA03.01.165-0001 Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 C GSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U Addendum 1 - Project Development Division of Work Kick -Off Deliverable: Project Timeline, training jump start information, online forms, kick-off meeting CivicPlus will: • assign a project manager to this project • conduct a Project Kick-off to review awarded contract • establish communication plan for the duration of the project effort • work with Client to identify all key internal and external project stakeholders • develop project timeline • provide access to CivicPlus University (online training manuals, videos and other resources) for the Client staff Phase 1: Website Optimization Deliverable: Website Optimization Meeting CivicPlus will: • communicate status to Client, key stakeholders and personnel via emails or phone calls as needed • review the goals and expectations submitted on the forms Client completed to ensure Client needs are clearly understood • gather preliminary design data for use Client will: • complete the following prior to Phase 1: Website Optimization Form, Content Form, and DNS Worksheet • review and approve of project timeline within 5 business days • attend a kick-off meeting with key stakeholders or decision makers • if modifications are required after the review of the initial project timeline, Client has 10 business days to address the modifications and come to a consensus • approve the project timeline (limited to two reviews) prior to proceeding with the project • update the current primary live website content and delete any pages from the website that are no longer wanted or needed Client will provide: • statistics from the current website from the past 12 months (optional) • pictures to be used in the overall design of the new website • a list of all divisions and/or departments within the organization • a list of third -party and in-house developed applications presently being utilized on the current website • a site map or outline of the current website's navigational structure if possible • a list of any content on the current primary website that must remain as is (verbatim) because of legal requirements Phase 2: Website Layout Deliverable: Website grayscale layout and mood board color pallet presentation CivicPlus will: • present one custom layout in grayscale form and one mood board color palette based on the goals determined in the previous phase. The presented layout will show the placement of the navigation, graphic button and feature areas. The mood board will reflect the color and imagery that will represent the tone of the design • begin development of the website design upon layout and mood board approval V. CPA03.01.165-0001 Client will: • approve one layout and the mood board • review marketing packet material and guidelines • Website Layout billing milestone complete 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 5 of 8 C ;) GSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U Phase 3: Website Reveal Deliverable: Website design and production website. CivicPlus will: Client will: • present a fully functional website on a production • evaluate the website design and content and provide URL CivicPlus with feedback • migrate content pages to the production UR as • collaborate with CivicPlus on proposed changes described in Exhibit A.1 Statement of Work. • revise the design according to the approved timeline • conduct a quality review of the website to ensure the functionality and usability standards are met . if revised design changes are requested after the design approval timeline date, the project's Go Live • work with Client to prepare for training date will be adjusted out (training and billing • migrate Agendas & Minutes in Microsoft Word. DOC milestones will remain as per approved timeline) or Adobe PDF format as described in Exhibit A.1 • provide CivicPlus will all the necessary DNS items Statement of Work. identified for the website Phase 4: Implement Training (See Exhibit A.1 Statement of Work for details) Deliverable: Train System Administrator(s) on GCMS® Administration, permissions, setting up groups and users, module administration. Basic User training on pages, module entries, applying modules to pages. Applied use and usability consulting to result in effective communication through your website. CivicPlus will: Client will: • provided training to Client before the website goes • provide a location for training in Client with internet live access • train staff members based on internal daily tasks • provide computers for staff to be trained on and workflow . Phase 4: Training billing milestone complete • train staff members on how to use the GCMS®, update content pages and modules Phase 5: Go Live Deliverable: Custom website launched to the public. CivicPlus will: Client will: • address system issues and bugs that Client finds • test and update the final site as per approved timeline • redirect the domain name to the newly developed . notify CivicPlus on any system issues or bugs found in website as per approved timeline the website CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Page 6 of 8 V. CPA03.01 . 165-0001 Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 C GSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U Addendum 2 — Modules & Functionalities Project Development and Deployment Includes the Following: Modules Functionality Agenda Center aAction Items Queue • Alerts Center & Emergency Alert Notification 0 Audit Trail / History Log • Archive Center 0Automated PDF Converter • Bid Postings 0Automatic Content Archiving • Blog 0Dynamic Breadcrumbs Business/Resource Directory Dynamic Sitemap • Calendar Expiring Items Library • Citizen Request Tracker TM (5 users) Graphic Link Administration • Community Connection Links Redirect • Community Voice TM Menu Management Document Center Mouse -over Menu Structure • ePayment Center (NOTE: Requires additional fee as • Online Editor for Editing and Page Creation (WYSIWYG) a third -party service) 0 Online Web Statistics • Facilities & Reservations 0 Printer Friendly/Email Page • Frequently Asked Questions 0 RSS Forms Center 0 Site Layout Options • Job Postings 0 Site Search & Entry Log My Dashboard 0 Slideshow • News Flash 0 Social Media Integration (Facebook, Twitter, Instagram) Notify Me® email and 1,000 SMS subscribers 0 User & Group Administration Rights Photo Gallery a Web Page Upload Utility • Quick Links 0 Website Administrative Log • Real Estate Locator • Spotlight • Staff Directory CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. CPA03.01.165-0001 Page 7 of 8 C ;) GSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U Addendum 3 - Redesign Details New design for all items originally contracted for (main site, department headers and subsites) Redevelop banner Redevelop navigation method (may choose top drop-down or other options) Design setup - wireframe Redevelop graphic elements of website (Newsflash, FAQs, Calendar, etc.) Project Management Testing Review Content Migration — Includes retouching of all existing published pages to ensure proper formatting, and application of new site styles. Note: Content will not be rewritten, reformatted or pages broken up (shortened or re -sectioned) Site styles and page layouts will be touched so all pages match the new design and migrate cleanly Spelling and broken links will be checked and reported if unable to correct CivicPlus • 302 S. 4th Street, Suite 500 •Manhattan, KS 66502 • www.CivicPlus.com Page 8 of 8 V. CPA03.01.165-0001 Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 GSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U Addendum 4 — Hosting, Support and Service Level Agreement Hosting Details CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. SLA03.01.16-0001 Addendum 4 Page 1 of 4 Data Center 0 Highly Reliable Data Center • Managed Network Infrastructure • On -Site Power Backup & Generators Multiple telecom/network providers • Fully redundant Network Highly Secure Facility • 24/7/365 System Monitoring Hosting Automated GCMS® Software Updates • Server Management & Monitoring Multi -tiered Software Architecture • Server software updates & security patches • Database server updates & security patches • Antivirus management & updates Server -class hardware from nationally recognized provider Redundant firewall solutions High performance SAN with N+2 reliability Bandwidth 0 Multiple network providers in place Unlimited bandwidth usage for normal business operations (does not apply in the event of a cyber attack) • 22 Gb/s burst bandwidth Emergency After-hours support, live agent (24/7) • On-line status monitor at data center • Event notification emails • Guaranteed recovery TIME objective (RTO) of 8 hours Disaster Recovery • Guaranteed recovery POINT objective (RPO) of 24 hours Pre-emptive monitoring for disaster situations Multiple data centers • Geographically diverse data centers DDoS Mitigation 0 Defined DDoS Attack Process Identify attack source Identify type of attack Monitor attack for threshold engagement CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. SLA03.01.16-0001 Addendum 4 Page 1 of 4 C ;) GSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U Support and Maintenance Support Services CivicPlus' on-site support team is available from 7:00 am to 7:00 pm CT to assist clients with any questions, concerns or suggestions regarding the functionality and usage of CivicPlus' GCMS@ and associated applications. The support team is available during these hours via CivicPlus' toll-free support number and e-mail. Support personnel will respond to calls as they arrive (under normal circumstances, if all lines are busy, messages will be returned within two hours; action will be taken on e-mails within four hours), and if Client's customer support liaison is unable to assist, the service escalation process will begin. Emergency support is available 24 -hours -a -day for designated, named Client points -of -contact, with members of both CivicPlus' project management and support teams available for urgent requests. Emergency support is provided free -of -charge for true emergencies (ie: website is down, applications are malfunctioning, etc.), though Client may incur support charges for non- emergency requests during off hours (ie: basic functionality / usage requests regarding system operation and management). The current discounted rate is $175/hour. CivicPlus maintains a customer support website that is accessible 24 -hours -a -day with an approved client username and password Service Escalation Processes In the event that CivicPlus' support team is unable to assist Client with a request, question or concern, the issue is reported to the appropriate CivicPlus department. Client requests for additional provided services are forwarded to CivicPlus' Client Care personnel. Client concerns/questions regarding GCMS® or associated application errors are reported to CivicPlus' technical team through CivicPlus' issue tracking and management system to be addressed in a priority order to be determined by CivicPlus' technical team. All other requests that do not meet these criteria will be forwarded to appropriate personnel within CivicPlus' organization at the discretion of the customer support liaison. Included Services: Support Maintenance of CivicPlus GCMS® 7 a.m. — 7 p.m. (CST) Monday — Friday Install Service Patches for OS (excluding holidays) System Enhancements 24/7 Emergency Support Fixes Dedicated Support Personnel Improvements Usability Improvements Integration Integration of System Enhancements Testing Proactive Support for Updates & Fixes Development Online Training Manuals Usage License Monthly Newsletters Routine Follow-up Check -ins CivicPlus Connection CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Addendum 4 Page 2 of 4 V. SLA03.01.16-0001 Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 C GSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U CivicPlus Service Level Agreement CivicPlus will use commercially reasonable efforts to make the GCMS® available with a Monthly Uptime Percentage (defined below) of at least 99.7%, in each case during any monthly billing cycle (the "Service Commitment"). In the event CivicPlus does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Definitions • "Monthly Uptime Percentage" is calculated by subtracting from 100% the percentage of minutes during the month in which the CGMS, was "Unavailable." Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any Exclusion (defined below). • "Unavailable" and "Unavailability" mean: o The HTML of the home page of the site is not delivered in 10 seconds or less 3 times in a row when tested from inside our network and returns a status of 200. o The Main page of the site returns a status other than 200 or 302 3 times in a row. • A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account. Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for the month, beginning with the first full month of service, in accordance with the schedule below. Monthly Uptime Percentage Service Credit Percentage Less than 99.7% 1 % of one month's fee We will apply any Service Credits only against future payments otherwise due from you. Service Credits will not entitle you to any refund or other payment from CivicPlus. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Client Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide the service is the receipt of a Service Credit (if eligible) in accordance with the terms of this SLA. Credit Request and Payment Procedures To receive a Service Credit, you must submit a claim by opening a case with Support. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include: 1. the words "SLA Credit Request" in the subject line; 2. the dates and times of each Unavailability incident that you are claiming; 3. the affected Site domains; and 4. Any documentation that corroborate your claimed outage. If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit. SLA Exclusions The Service Commitment does not apply to any unavailability, suspension or termination of GCMS®, or any other GCMS® performance issues: (i) that result from a suspension; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of CivicPlus; (iii) that result from any actions or inactions of you or any third party, (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from any maintenance as provided for pursuant to the Client Agreement; or (vi) arising from our suspension and termination of your right to use the GCMS® in accordance with the Client Agreement (collectively, the "SLA Exclusions"). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion. CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicP[us.com Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951 V. SLA03.01.16-0001 Addendum 4 Page 3 of 4 C ;) GSA Statement of Work for Jefferson County, WA GSA Contract GS -35F -0124U Disaster Recovery Feature Service Commitment CivicPlus will use commercially reasonable efforts to make insure that in the event of a disaster that make the Primary data center unavailable (defined below) Client site will be brought back online at a secondary data center (the "Service Commitment"). In the event CivicPlus does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below. Definitions • "Datacenter availability" is determined by inability to provide or restore functions necessary to support the Service. Examples of necessary functions include but are not limited Cooling, Electrical, Sufficient Internet Access, Physical space, and Physical access. • A "Service Credit" is a dollar credit, calculated as set forth below, that we may credit back to an eligible account. • Recovery Time Objective (RTO) is the most anticipated time it will take to bring the service back online in the event of a data center event. • Recovery Point Objective (RPO) the amount of data lost that is considered acceptable. Service Commitments and Service Credits Service Credits are calculated as a percentage of the total charges paid by you (excluding one-time payments such as upfront payments) for the month accordance with the schedule below. Recovery Time Objective Service Credit Percentage 8 Hours 10% of one month's fee Recovery Point Objective Service Credit Percentage 24 Hours 10% of one month's fee CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Addendum 4 Page 4 of 4 V. SLA03.01.16-0001 Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951