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Home My WebLink About15-0213 Civicplus C;) Service & License Agreement for Elgin, IL Hosting Renewal Contract Organization City of Elgin, IL uRL http://www.cityofelgin.org Street Address 150 Dexter Ct. Address 2 City Elgin State IL Postal Code 60120 CivicPlus provides telephone support for all trained clients from 7am-7pm Central Time, Monday-Friday(excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates . ........ .................. ........................._.. . ....... ........... .........._.. ............ ..._....... . Emergency Contact&Mobile Phone l<r'i` I Y1_e, Ducar: t _........._..'.._._...................._._......._...................._...----....__..__..._._......_..._......_.._....._.__...._..__..._......................._.........._....._......._.........._..............._.......__..__......__........._._.._...................................._....__...._.._............._.........._......_._........_.........._ ......................._...,....._..._.................. ..._......._ Emergency Contact&Mobile Phone Jeff Massey—847-344-6993 ' —Cj LA S ----.-.__--_..._..... Emergency Contact&Mobile Phone Nancy Roder-a�2 bO `t Jot Billing Contact Nancy Roder E-Mail Roder n(d_)cityofelgin.orq Phone 847-831-5590 Ext. N/A Fax 847-931-5610 ...... .. _.... _ .. _...__. ..... ............. _.._......................... .. .... .... ......... .... .... ......... ._.... ........................ _. ......... .... .... ........ .......... .....___ Billing Address 150 Dexter Ct. .... _ . . ... ..... ....._..._ .. ....... .. ...... ....... _ . .. .......... ...... ._ .... _...... .... _ ._ ..__.... . .._........_... Address 2 . .... ..... ......_......................._......................__................_._....................__..._......._...._...................._...............__......_................................. ....._._.............-......................_........_.........._.._................................_......._.._.................................. ......._........_ City Elgin ST IL Postal 60120 Code ....................._ ....... ....................................... ..__... ... ... ... ...... ............................................... ... ........ ._.. ......_..... .... ....... ..... . ....... _... Tax ID# E9996-0771-06 Sales Tax Exempt# ._-......_.. __. -_-..__ .- ._.._... ....___......._ __._...__- _-_—__-...--- ---.......__ _ ..___ _. .....___- . ....__-- --_ -_......—______. __..__ Billing Terms Annual ARcp unt Reece Hammitt _..... __ ............. ...... ......... ........_. _. __._. .... ..._.._ _. ............. _......_ Info Required on Invoice(PO or Job#) Contract Contact Kristine Rogowski Email Rogowski K(a.cityofelgin.org Phone 847-931-6091 Ext. N/A Fax 847-931-5610 Terms & Conditions Client Deliverable 1. Icon Enterprises, Inc., d/b/a CivicPlus("CivicPlus")will provide website support, maintenance and hosting for the City of Elgin, IL("Client")that includes all functionality as defined in this agreement. 2. Client will receive a one-time basic redesign in October of 2015 that will include the following sites:the city, public works, parks & rec,the Hemmenns and the police department. Billing&Payment Terms 3. Annual Support, Maintenance& Hosting invoices may be prorated in order to correlate with the Client's budget year. 4. Fees for CivicPlus Annual Support, Maintenance& Hosting services are invoiced prior to the year of service and are due by the first of the following month, but no sooner than 30 days from invoice date. 5. 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. Page 1 of 4 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 C;) Service & License Agreement for Elgin, IL 6. 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. 7. 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). 8. 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. 9. Client acknowledges and agrees that certain services for which Client is contracting hereunder may be rendered by or with third-party providers under contract with CivicPlus, and thus the cost of such services hereunder is dependent upon the financial arrangements between CivicPlus and such third-party providers. Client acknowledges and agrees that the price to Client for the services hereunder may be reasonably adjusted at any time, at CivicPlus' sole discretion,to reflect an increase in cost to CivicPlus as a result of its financial arrangement with a third-party provider. Client acknowledges and agrees that this Agreement as so modified will continue in full force and effect as otherwise provided herein,and that Client will pay any such increased price according to such other payment terms hereof. Agreement Renewal 10. Either party may terminate the Annual Support, Maintenance& Hosting Agreement at the end of the contract term by providing the other party with 60 days written notice, prior to the contract renewal date. 11. In the event that neither party gives 60 days notice prior to the end of the initial or any subsequent term, this Agreement will automatically renew for an additional contract term. 12. 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. Support 13. 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 24/7/365 basis for emergency contacts named by the Client. Client is responsible for providing CivicPlus with contact updates. 14. 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. 15. 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. 16. 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. Changes to Existing Service 17. Effective with this renewal, the following services will be added/deleted: ........_.........._................__._..__..__..._.._.__.._._.....__._.._—__�._.__.....__........ .._.._.__.._............._....,._......._.__..._... -..............__......_.._ ...__...---............. _,.-._................. - ._..._....._.....__..., Services to be ADDED One-Time Fee Annual Fee .........._- - --- ---- ----....._...._ --- __...___ .......... Public Works(Department Header Package) Parks&Recreation (Department Header Package) $661.50 The Hemmenns(Department Header Package) N/A p/Department Police Department(Department Header Package) Header Package Services to be DELETED One-Time Fee Annual Fee Recurring Redesign N/A $2,096 Page 2 of 4 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 Cp Service & License Agreement for Elgin, IL Intellectual Property, Ownership&Content Responsibility, 18. 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. 19. 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. 20. 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 GCMSS 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. 21. 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 22. 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. --Remainder of this page left intentionally blank-- Page 3 of 4 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 �� m�� $eznom & L� Agreement Elgin, IL �� Annual Support, Maintenance and Hosting Fee Current Annual Support, Maintenance and Hosting Fee $17,010.46 Server Storage not to exceed 60 GB Does Not Include Media Center Module Public Works(Department Header Package) Parks&Recreation (Department Header Package) The Hemmenns(Department Header Package) $661.50 Police Department(Department Header Package) $661.50 Pay this Amoun (Effective February 1, 2015) 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 Shared Web/SQL Server (excluding holidays) System Enhancements DNS Consulting & Maintenance 24/7 Emergency Support Fixes Monitor Bandwidth-Router Traffic Dedicated Support Personnel Improvements Redundant ISP 2-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 _ Acceptance We,the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this Agreement. Elgin, IL ' xy ��—� --ata —�---'�'------------------------- cwmnua Date Sign and E-mail or Fax this Copy And—Mail Two(2)Signed Originals Attn: Contract Manager CivicPlus Contract Manager E-mail: SalesCoordinators@CivicPlus.com 317 Houston St., Suite E Fax: 785-587-8951 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 will counter-sign and return one copy for your files. Qviop|uo`3VuG.4t"Street,Suite 5Vo^Manhattan,KG60oV2`"°ww.QvicP|uo.com Page of 4 Toll Free O8a'oo0'ozna`Accounting Ext.291 `Support Ext. sur^Fax 7u5's87'uon1