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HomeMy WebLinkAboutGranicus, LLC - Contract#: 24004 Expire DT: 9/15/2024 (2)Town of Oro Valley Contract No. 24004 Online Constituent Engagement Platform for General Plan Creation TOWN CONTACT: Information and Technology Department Neil Falls, Information Technology Director 520-229-4730 cnfalls@orovalleyaz.gov PROCUREMENT CONTACT: Procurement Division Cherie Odeski, NIGP-CPP, CPPO, CPPB, Chief Procurement Officer (520) 229-4722 caodeski@orovalleyaz.gov & CONSULTANT CONTACT Jake Stechmann Digital Account Executive Phone: 1-214-616-2696 Jake.Stechmann@granicus.com Granicus, LLC Page 2 TOV Contract No. 24004 Granicus, LLC THIS CONTRACT is made and entered into by and between the Town of Oro Valley, a Municipal Corporation (the “Town”), and the firm of Granicus, LLC., (hereinafter the “Consultant”). The Contract terms and provisions that follow, the Town’s competitive Request for Proposals No. 24004, fully incorporated herein by reference, the Consultant’s original proposal response is included herein as Exhibit A, all constitute the entirety of this Contract at its inception. WITNESSETH: WHEREAS, the Chief Procurement Officer of the Town of Oro Valley is authorized and empowered to execute contracts for Services on behalf of the Town. NOW THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, it is agreed by and between the Town and the Consultant as follows: SECTION I – DESCRIPTION OF PROJECT / SCOPE OF WORK The Town desires to engage the Consultant to provide software services per the Consultant’s original proposal and Scope of Work in Exhibit A herein. In the event of any conflict between the terms, conditions and provisions contained in Exhibit A hereto and those terms and conditions in pages two through eight herein, the terms, conditions and provisions in pages two through eight herein shall govern and be controlling. SECTION II – PERIOD OF SERVICE The term of this contract shall commence upon award and shall remain in effect for one year unless sooner terminated or further extended pursuant to the provisions of this contract. SECTION III – COMPENSATION AND PAYMENT SCHEDULE In consideration of the performance of the services described in Scope of Work, the Town shall pay the Consultant a fee of $18,800.00 (eighteen thousand eight hundred Dollars and Zero Cents), and the Consultant shall charge the Town only in accordance with this same total amount. Payment shall be made per Exhibit A Consultant’s fee invoice and work progress reports provided to the Town. Consultant must provide a clear, detailed invoice reflecting the Town Department responsible for payment, items being billed for. SECTION IV – APPROVALS All work shall be subject to approval by the designated Town Project Manager or designee. The Consultant agrees to exercise the skill and care which would be exercised by professionals performing similar services within the contract time frame and locality. Should failure to meet this standard of care result in errors, omissions, deficiencies and/or discrepancies in the product(s) of professional service(s) as contracted herein, the Consultant shall undertake, at its sole expense, any/all corrective revisions, adjustments and/or modifications necessary to resolve the unacceptable product. SECTION V – INDEPENDENT CONSULTANT It is clearly understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venturer or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose whatsoever. The Consultant is advised that taxes or social security payments shall not be withheld from a Town Page 3 TOV Contract No. 24004 Granicus, LLC payment issued hereunder and that the Consultant should secure arrangements to directly pay such expenses, if any. The Town will not provide any insurance coverage to the Consultant, including Workers’ Compensation coverage. SECTION VI – AMENDMENTS Whenever a change in the scope of work is determined to be necessary, the work will be performed in accordance with the Contract provided. Before a change in the scope of work is implemented, an amendment shall be executed by the Town and the Consultant. Additions to, modifications of or deletions from the project may be made and the compensation to be paid to the Consultant may be adjusted accordingly by mutual written agreement of the contracting parties. It is agreed that no claim for extra work by the Consultant will be allowed by the Town except as provided, nor shall the Consultant do any work not covered by this Contract unless the work is authorized through an amendment and signed by both parties PRIOR to starting any additional work. TIME IS OF THE ESSENCE for this Contract. When the Consultant submits a request for additional time for which work must be completed in a contract, justification outlining the reason for applying for the extension must be provided and a date the work will be completed. If the extension is agreed to and signed by the Town and the Consultant, it binds the Consultant to complete the work by the extended date designated in the amendment unless the delay in completion of the work by the Consultant results from an unforeseeable cause beyond the control and without the fault or negligence of the Consultant. It is agreed the Town’s only liability for delay from any cause shall be limited to granting a time extension to the Consultant. There is no other obligation, expressed or implied, on part of the Town to the Consultant for delay from any cause. SECTION VII – OWNERSHIP OF DOCUMENTS All documents, working, draft, final and otherwise, prepared in the performance of this Contract shall become and remain the property of the Town. SECTION VII – OTHER CONTRACTS The Town may, as its sole option, enter into Contracts for the same and/or additional work related to these services. SECTION IX – NO KICK-BACK CERTIFICATION The Consultant warrants that no person has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee; and that no member of the Town Council or any employee of the Town has an interest, financial or otherwise, in the Consultant’s firm. For breach or violation of this warranty, the Town shall have the right to annul this Contact without liability or, at its discretion, to deduct from the Contract Price or consideration, the full amount of such commission, percentage, brokerage or contingent fee. Page 4 TOV Contract No. 24004 Granicus, LLC SECTION X – CONFLICT OF INTEREST This Contract is subject to the provisions of A.R.S. § 38-511 which provides in pertinent part that the State, its political subdivisions or any department of either may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the State, its political subdivisions, or any of the departments or agencies of either if any person significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the State, its political subdivisions or any of the departments or agencies of either is, at any time, while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to the Contract in any capacity or a Consultant to any other party to the Contract with respect to the subject matter of the Contract. SECTION XI – ASSIGNMENT This Contract shall not be assignable except at the written consent of the parties, and it shall extend to and be binding upon the heirs, executors, administrators, successors and assigns of the parties. The Consultant may assign money due to him under terms of this Contract to a banking or lending institute. The Town may assist the Consultant in performing the assignment by testifying to the progress of the work as may be required. SECTION XII – ENFORCEMENT, LAWS AND ORDINANCES This Contract shall be governed and enforced under the laws of the State of Arizona with venue a court of competent jurisdiction in Pima County. The Town and the Consultant shall have all remedies afforded to each, by the Oro Valley Procurement Code and the law of the State of Arizona. State law claims shall be brought only in Pima County Superior Court. Each party must comply with all applicable federal, state, county and Town laws, ordinances and regulations. Consultant shall ensure Consultant’s obligation regarding payment of all taxes, license, permits and other expenses of any nature associated with the provision of services herein. Consultant shall maintain in current status all Federal, State and local certifications required for the business operated by the Consultant. SECTION XIII – INDEMNIFICATION The Consultant agrees to indemnify, defend, and save harmless the Town, its Mayor and Council, appointed boards and commissions, officials, officers and employees individually and collectively from all losses, claims, suits, demands, expenses, subrogations, attorney’s fees or actions of any kind and nature arising out of the Consult’s negligence or any subconsultant employed by the Consultant including bodily injury and death, damages to any property or any other losses, claims, suits, demands and/or expenses arising or alleged to have arisen out of the work performed, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in Section VII will in no way be construed as limiting the scope of indemnity in this paragraph. Page 5 TOV Contract No. 24004 Granicus, LLC SECTION XIV – FORCE MAJEURE Notwithstanding any other term, condition, or provision hereof to the contrary, in the event any party hereto is precluded from satisfying or fulfilling any duty or obligation imposed upon such party by the terms hereof due to labor strikes, material shortages, war, civil disturbances, weather conditions, natural disasters, pandemic, acts of God or other events beyond the control of such party, the time period provided herein for the performance by such party of such duty or obligation shall be extended for a period equal to the delay occasioned by such events and must be agreed to IN WRITING by both parties. SECTION XV – ARBITRATION OF DISPUTES Any dispute arising under this Contract that is not settled by the Town and the Consultant may, upon mutual agreement of the parties, be decided by an Arbitration Board composed of a representative of the Town, a representative of the Consultant and a representative mutually acceptable to the Town and the Consultant. The Town, however, reserves its rights as set forth in Arizona Revised Statutes, Title 12. The Consultant shall continue to render all services requested in this Contract without interruption, notwithstanding the provisions of this Section. Nothing herein shall be deemed to require arbitration except at the Town’s discretion. The laws of the State of Arizona shall apply to this Contract, and the Consultant agrees to subject itself to the jurisdiction of the Courts of the State of Arizona for any conflict that arises from the terms of this Contract. SECTION XVI – MISCELLANEOUS PROVISIONS A. The Consultant shall establish and maintain procedures and controls that are reasonably acceptable to the Town for the purpose of assuring that no information contained in its records or obtained from the Town or from others in carrying out its functions under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. Persons requesting such information must be referred to the Town. B. The Consultant shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and applicable federal regulations under the Act.   C. The Town and Contractor agree to comply with A.R.S. § 35-394 regarding the forced labor of Uyghurs in China. Page 6 TOV Contract No. 24004 Granicus, LLC SECTION XVII – INSURANCE The Consultant agrees to obtain insurance coverage of the types and amounts required consistent with the coverage limits shown below. Coverage Afforded Limits of Liability Workmen's Compensation Statute Employer's Liability $100,000 Commercial General $1,000,000 - Bodily Injury Liability Insurance Combined Single Limit (including blanket contractual $100,000 Property Damage and premises/operations) Network Security (Cyber) and Privacy Liability Each Claim $2,000,000 Annual Aggregate $2,000,000 The Consultant shall provide satisfactory certificates of the required insurance coverage before beginning work. All policies shall contain an endorsement providing that written notice be given to the Town at least thirty (30) calendar days prior to termination, cancellation or reduction in coverage policy. Insurance policies shall remain in force until all work has been completed and the completed project has successfully fulfilled its warranty period. If a policy does expire during the life of the Contract, a renewal certificate of the required coverage must be sent to the Town of Oro Valley not less than five (5) business days prior to expiration date. Each certificate shall include project description, project number and the signed acknowledgement of the insurance company. Consultant’s insurance policy pursuant to this Contract shall contain an endorsement naming the Town of Oro Valley as an additional insured on all policies except Worker’s Compensation. Policies for General, Automobile, and Excess Liability are primary over any insurance available to the Town and as to any claims resulting from the Contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. In regard to General, Cyber, Automobile, and Excess Liability, the Consultant agrees to indemnify, defend and save harmless the Town of Oro Valley, its Mayor and Council, appointed boards and commissions, officials, officers and employees individually and collectively from all losses, claims, suits, actions, payments and judgments, demands, expenses, attorney’s fees, defense costs or actions of any kind and nature resulting from personal injury to any person, including employees of the Consultant or any subconsultant employed by the Consultant (including bodily injury and death) or damages to any property, arising or alleged to have arisen out of the negligent performance of the Consultant for the work to be performed hereunder, except any injury or damages arising out of the sole negligence of the Town, its officers, agents or employees. The amount and type of insurance coverage requirements set forth in the Contract will in no way be construed as limiting the scope of indemnity in this paragraph. Page 7 TOV Contract No. 24004 Granicus, LLC SECTION XVIII – TERMINATION This Contract may be terminated at any time by mutual written consent, or by the Town, with or without cause, upon giving thirty (30) days written notice. If this Contract is terminated, the Town shall be liable only for payment for services rendered and accepted by the Town before the effective date of termination. The Town reserves the right to terminate in whole or any part of this Contract due to the failure of the Consultant to carry out any term or condition of the Contract. The Town will issue a written notice of default to the Consultant for failing to perform the stipulations, conditions or services/specifications required in this Contract. The Consultant shall have 5 days from receipt of the notice to rectify the failure or establish a plan for remedy. Consultant shall provide documentation of the remedy or proposed plan for approval by the Town. The Town may terminate this Contract for cause if: A. In the opinion of the Town, the Consultant attempts to impose personnel, materials or services of an unacceptable quality; B. In the opinion of the Town, the Consultant fails to furnish the required services and/or product within the time stipulated in the Contract; C. In the opinion of the Town, the Consultant fails to make progress in the performance of the requirements of the Contract; D. The Consultant gives the Town a positive indication that the Consultant will not or cannot perform to the requirements of the Contract. If funds that are appropriated or allocated for the payment of obligations under this Contract are not allocated by the Town and available for the continued purchase of the services and/or materials provided under this Contract, this Contract may be terminated by the Town at the end of the period for which funds are available. The Town will notify the Consultant in the event that continued service will or may be affected by non-appropriation. No penalty shall accrue to the Town in the event that this provision is exercised, and the Town shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph. Upon Notice of Termination the Consultant shall apprise the work the Consultant has completed and submit this appraisal to the Town for evaluation. The Consultant shall receive as compensation for services performed through the date of such termination, a fee for the percentage of work actually completed. This fee shall be a percentage of the Consultant fee described in this Contract and shall be in the amount mutually agreed to between the Consultant and the Town. The Town shall make this final payment within sixty (60) days after the Consultant has delivered the last of the partially completed items or service. Notice required under this section shall be in writing and shall be served by certified mail upon the other party. When served by certified mail, services shall be conclusively deemed made five days after posting thereof in the United States mail, postage prepaid. Page 8 TOV Contract No. 24004 Granicus, LLC SECTION XIX– COMPLIANCE WITH FEDERAL AND STATE LAWS The Consultant understands and acknowledges the applicability to it of the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. Under the provisions of A.R.S. §41- 4401, Consultant hereby warrants to the Town that the Consultant and each of its subconsultants (“Subconsultants”) will comply with, and are Contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. §23- 214(A) (hereinafter “Consultant Immigration Warranty”). A breach of the Consultant Immigration Warranty shall constitute a material breach of this Contract and shall subject the Consultant to penalties up to and including termination of this Contract at the sole discretion of the Town. The Town retains the legal right to inspect the papers of any Consultant or Subconsultants employee who works on this Contract to ensure that the Consultant or Subconsultant is complying with the Consultant Immigration Warranty. Consultant agrees to assist the Town in regard to any such inspections. The Town may, at its sole discretion, conduct random verification of the employment records of the Consultant and any of subconsultant to ensure compliance with Consultant Immigration Warranty. Consultant agrees to assist the Town in regard to any random verifications performed. Neither the Consultant nor any of Subconsultant shall be deemed to have materially breached the Consultant Immigration Warranty if the Consultant or Subconsultant establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214, Subsection A. SECTION XX – COOPERATIVE PROCUREMENT This contract is primarily for use by the Town of Oro Valley. In addition, public and nonprofit agencies that have entered into a Cooperative Purchasing Agreement with the Town are eligible to participate in this contract pursuant to Arizona Revised Statutes providing for cooperative purchasing among public agencies within the State. This contract is eligible for use by the Strategic Alliance for Volume Expenditures (SAVE) cooperative. See https://mesaarizona.sharepoint.com/sites/bsd/pur/save/SitePages/Home.aspx for a listing of participating SAVE agencies. Any orders placed to, or services required from, the contractor will be requested by each participating agency. Payment for purchases made under this agreement will be the sole responsibility of each participating agency. The Town shall not be responsible for any disputes arising out of transactions made by other agencies. SECTION XXI – ENTIRE CONTRACT This is the entire Contract between the parties. If any portion(s) of this Contract is (are) later found to be invalid or unenforceable, such portion(s) shall be null and void and without any effect on the rest of the Contract which shall continue in full force and effect. Page 9 TOV Contract No. 24004 Granicus, LLC THIS CONTRACT SHALL BE VALID UPON EXECUTION BY THE PARTIES. SIGNING INSTRUCTION TO THE CONSULTANT: Signature must be from a corporate officer or owner. In the event that another individual is signing, a letter of authorization from a corporate officer or owner indicating signatory authority for that individual must be provided. TOWN OF ORO VALLEY: By: Cherie Odeski, Chief Procurement Officer Date: ____________________________ By: Neil Falls, Interim Information Technology Director Date: ____________________________ By: Jeff Wilkins, Town Manager Date: ____________________________ Approved as to Form: By: Tobin Sidles, Director of Legal Services Date: ____________________________ CONSULTANT: Granicus, LLC Company 408 Saint Peter Street, Suite 600 Address Saint Paul, MN 55102 City State Zip 214-616-2696 Phone Number Brendan.stierman@granicus.com Email Address Brendan Stierman, Contracts Manager Printed Name and Title Authorized Signature Date: _________________________ Page 10 TOV Contract No. 24004 Granicus, LLC EXHIBIT A Page 19 of 23 TOWN OF ORO VALLEY RFP No. 24004 POSTED JUNE 14, 2023 Online Constituent Engagement Platform for General Plan Creation OFFER TO THE TOWN OF ORO VALLEY: The Undersigned hereby offers and shall furnish the material or service in compliance with all terms, scope of work, conditions, specifications, and addenda in the Request for Proposal which is incorporated by reference as if fully set forth herein. For clarification of this offer, contact: Name: Company Name Title: Address Phone: Town State Zip Fax: Signature of Person Authorized to Sign E-mail: Printed Name Title Granicus, LLC 408 Saint Peter Street, Suite 600 Saint Paul MN 55102 Jake Stechmann Account Executive 214-616-2696 N/A jake.stechmann@granicus.com DocuSign Envelope ID: FCBB656C-1A55-4093-89CB-2105FC8412F8 Greg Eck Manager, Contracts Now part of EngagementHQ Don’t Guess. Know Granicus response to: Town of Oro Valley, AZ Request for Proposals No. 24004, Online Constituent Engagement Platform for General Plan Creation granicus.com | info@granicus.com 2 Contents Granicus Proposal for The Town of Oro Valley, AZ .......................................................................... 3 Past Performance .......................................................................................................................... 4 References .................................................................................................................................... 5 Scope of Work Based on Timeline .......................................................................................... 10 Functionality & Technical Approach ...................................................................................... 11 Price Page ................................................................................................................................. 13 Description of Company ......................................................................................................... 24 Team Members ......................................................................................................................... 25 GovDelivery (Optional Service) .............................................................................................. 30 Appendix A ............................................................................................................................... 35 Addendum No. One ................................................................................................................ 57 Legal Response ......................................................................................................................... 60 granicus.com | info@granicus.com 3 408 St. Peter St, Suite 600 St. Paul, MN 55102 GRANICUS PROPOSAL FOR THE TOWN OF ORO VALLEY, AZ Dear Ms. Odeski, We are pleased to present our response for your new Community Engagement Platform. Through technology and deep industry knowledge, our aim is to continuously innovate and add value to the public participation industry. Our experience with online community engagement aims to empower organizations and their communities by providing them accessible opportunities to learn about and contribute to the decisions that affect their daily lives. Granicus was established because, no matter how well-designed the off-line consultation process, inevitably it only reaches a small segment of a community. The online space provides the opportunity to give vastly more people access to information and enable them to have their say. It drives inclusive, transparent, and measurable community engagement processes that empower collaborative learning, discussion, and debate. EngagementHQ is a community engagement platform that provides capacity and support for focused consultation and engagement in a safe, information-rich environment through an integrated range of 8 online community engagement feedback tools, including a Storyteller tool and Places tool. A diverse approach extends inclusiveness and gives the community better opportunities to have their say on issues that are important to them, and content is shareable through social media outlets. Our proposed service packages will ensure you’re partnered with the right levels of support, training, and strategic advice to help you achieve your goals. We are confident that our online engagement solution will give the Oro Valley project an immediate and engaging online presence that will produce exceptional results and that can be effectively measured through reports and analytics. EngagementHQ is moderated through AI in addition to human moderation to ensure a convenient, welcoming, safe, and fun experience for the community and Arizona. We appreciate the opportunity to present our solution for the community and your staff. Regards, Jake Stechmann Account Executive 214-616-2696 jake.stechmann@granicus.com granicus.com | info@granicus.com 4 Past Performance Better Together Edina Engagement Mission Statement: Want to be engaged in your community but short on time? Want to share your thoughts on the big projects happening in the City of Edina when it is convenient for you? Looking for a deeper dive on a wide variety of civic topics that interest you? Welcome to Better Together Edina, a site where we are listening to you -- where you can have your say on various projects, programs and topics that affect you and your neighbors. This is a way for you to provide your input to elected officials and city staff quickly and easily The City has adopted the International Association for Public Participation (IAP2) spectrum as part of the overall strategy to guide public engagement in projects. The spectrum helps us determine goals and keep our promise! Notable: • Wide variety of projects, see tool assortment in the path landscape restoration project: Wooddale Path Landscape Restoration Project | Better Together Edina • Registration, presentation and data to be collected: https://www.bettertogetheredina.org/register FNHC Engagement HQ Engagement Mission Statement: As BC First Nations Chiefs, Leaders and Health Directors, this is your space to provide input on the engagement priorities identified by the First Nations Health Council (FNHC) leading up to Gathering Wisdom for a Shared Journey XII (GW XII) in Spring 2023. Your participation helps redefine the FNHC’s mandate, setting the course for how we will work to transform First Nations health and wellness over the next ten years. Notable: • Explore Past Sessions topics, still available for viewing (available for registered participants only) • Registration, presentation and data to be collected: Register | FNHC Engagement HQ Engage Puget Sound (psrc.org) Engagement Mission Statement: The mission of the Puget Sound Regional Council (PSRC) is to keep the central Puget Sound thriving as it grows. PSRC is committed to creating a great future for the region through planning for regional transportation, land use and economic development. Our members include nearly 100 local governments, Tribes, and transportation agencies serving the 4.2 million residents of the four-county central Puget Sound region. Notable: granicus.com | info@granicus.com 5 • Story tool usage in Mobility Plan project: Coordinated Mobility Plan | Engage Puget Sound (psrc.org), and Regional Equity Strategy project https://engage.psrc.org/regional-equity-strategy • Registration, presentation and data to be collected: https://engage.psrc.org/register Places Tool in Action, Bellingham, WA, Parker, CO and Superior, CO: • Bellingham Bicycle Master Plan Web Map | Bicycle Discovery Phase | Engage Bellingham • April Interactive Traffic Map | Tell us where we can provide enhanced traffic enforcement efforts | Let's Talk Parker (letstalkparker.org) • Show and Tell - drop a pin on the map to tell us about the corridor | Rock Creek Parkway Repurposing Study | Shape Superior References 1. Edina, MN: Jessica Wilson 2. Baytown, TX: Sabrina Martin 3. Bear Valley Community Services District: Megan Clark Planning and Approach Granicus is proposing a state of the art, modern, purpose-built for government platform to help you better reach, inform, serve, and engage your residents. Given our significant experience in helping over 5,500 governments, we believe Granicus can provide the Agency with the best results. A brief overview of the software solution and modules follows. In the event you do elect to move forward with a more streamlined approach to its website, the Agency may select not to leverage all the value-added solutions denoted on the following pages. All value-added modules are identified on the cover page of each specific module. Serve Better The most direct interactions between people and government happen at the local level. What is that project I just drove by? I'm looking for an event on the weekend. How do get involved? granicus.com | info@granicus.com 6 Every day local governments process thousands of these requests. The more that people engage with their agency online, the more your website becomes the digital front door to the Transportation Authority. Built with and for local governments, Granicus provides all the functionality an Agency needs to help customers with every step of their journey. The Granicus platform helps you…. • Reach -- the populations and members of your community you need to, knowing that different communities prefer to access information on different channels. • Inform -- providing the right information to your residents to help them understand how to do business with your government regardless of their knowledge of how the agency operates. • Service -- provide digital services so that residents can quickly interact with the agency without walking in, emailing, or calling your offices. • Transact -- help residents do business with the agency on any device at any time regardless of time of day. • Engage -- increase participation in among diverse groups of your community and engage them in two-way communications and feedback loops that build trust. Engagement: Two-way feedback Tool Build stronger, more trusting communities through meaningful engagement Engagement and Sentiment Analysis The Government Experience Cloud engagement and sentiment analysis module is used by more than 570 organizations around the world, supporting over 12,000 practitioners to deliver best-practice community and stakeholder engagement. One robust platform lets you inform, engage, measure, and build community through meaningful relationships and ongoing interactions. Multiple feedback tools serve to engage participants while unique information sharing tools support efforts to inform and educate. • Unlike alternative solutions like The Hive, Public Input or Civil Space, the Granicus Government Experience Cloud Engagement module seamlessly integrates with the Web and Outreach module to increase awareness and findability of key projects. granicus.com | info@granicus.com 7 • Use a full array of videos, documents, image galleries, key dates, lifecycles, and other information tools to educate, build confidence in the process, and drive participation. • Customize the appearance of your engagement site and project pages to align with your brand. Use a mix of feedback tools for any project to encourage input, guide education and extend participation. • Easily share draft projects with internal or external stakeholders for approval before launch. • Participant management helps you understand who you are hearing from and reach out to target groups and segment your participants for deeper feedback analysis. • Our easy-to-use Newsletter helps you target community members with branded email newsletters. • In-depth real time reporting ensures that you can ‘listen’ effectively and efficiently while text and demographic analysis tools help you understand community sentiment behind the feedback. A Full Spectrum of Engagement Tools The Government Experience Cloud engagement and sentiment analysis offers a complete range of engagement tools, making it easy to marry your online and face-to- face methodologies. Mix and match any combination of feedback tools to support the different stages of your consultation process. Selecting the right tool for your engagement is essential to getting the feedback you need. When considering which tools to utilize, you can choose to keep public participation in a controlled, mixed, or open environment. The spectrum below identifies where each tool fits within these operating environments. As you advance your practice, you’ll become more comfortable using a combination of tools, expanding the level of detail, and input you receive. granicus.com | info@granicus.com 8 Reporting and Analytics Get better insights, improve your communications, and make better decisions with enhanced analytics and sentiment analysis. Our A-I-E framework is designed to make it easy to measure the performance of your project against realistic goals, identifying how many participants are Aware, Informed, and Engaged (A-I-E) for each project. Automated weekly email reports identify project interest, critical issues, and important community stakeholders. Sophisticated reporting lets you analyze or export the results of a single feedback process, an entire project, and your entire project history. Reporting Run reports directly within the Government Experience Cloud engagement and sentiment analysis module’s interface to monitor progress and results for your projects. Export formatted report summaries and detailed reports in PDF, Excel or CSV for deeper data analysis work and sharing. Detailed reports provide insights for individual feedback tools, holistic project reports, multi-phased projects or for your entire site. Advanced Analytics Extracting meaningful insight from large quantities of text-based responses is made approachable in the Government Experience Cloud engagement and sentiment analysis module by applying demographic filtering, sentient analysis, and comment tagging to your feedback data. Open Environment Participants can engage with each other. Comments, images, and ideas are visible to the community. Mixed Environment Participants can see other contributions. However, there is little peer-to-peer interaction. Some data may be visible to the public, other data is just accessible by the admin. Controlled Environment Participants cannot engage with each other. Data is stored in the backend and only accessible by admin. granicus.com | info@granicus.com 9 granicus.com | info@granicus.com 10 Scope of Work Based on Timeline Schedule The timeline shared by Oro Valley is noted and can be met. Our onboarding processes helps you start off on the right note with rigorous site scoping, We are proposing the following implementation process that will take anywhere between 4-8 weeks. The project timeline is dependent on Oro Valley resource availability and approved site and project content. The timeline can also be influenced by any development requirements should Oro Valley choose website branding integration. We can have your site and initial engagement projects ready for launch (i.e., publish to the public) in as little as 15 business days following contract execution. EngagementHQ platform training as well as quality assurance testing before launching your site and initial engagement projects. The kick-off meeting (first step in the onboarding process) provides the following deliverables: • Clarify engagement objectives and approach, establish internal buy-in. • Discuss the organizations broader objectives and their alignment with EngagementHQ. • Introduce key staff and clarify scope and required support levels. • Identify requirements for launch. • Discuss options and validate understanding. • Schedule site delivery and training date. Standard Onboarding Strategy and Training (Included) • Kick-off meeting (as described above) with your engagement team to discuss the organizations objectives. • Site scoping session for strategy development and to provide engagement practice- related recommendations. • Two (2) online accelerators providing EngagementHQ platform training for all administrators. • Regular progress check-ins and support (online or in-person). • Access to online site setup help desk resources that includes online chat. • Pre-launch quality assurance and testing: Rigorous testing of your site, engagement tool setup, projects, and settings. We’ll make suggestions, fix errors, and provide you with a checklist report so you have confidence your site is ready to launch. Resources Used for Onboarding • Site scoping documents (upon request) • Project Planning documents (upon request) granicus.com | info@granicus.com 11 Both resources are given to your team prior to onboarding. This allows your team to set expectations and hit the ground running. Support Core Level Support Package (Standard) Moderation: 24/7 moderation of the platform. Concierge services available at an hourly rate. Support: Prioritized SLAs for first-in queue support: RFP # 026-01-22: Digital Community Engagement Platform 16 • 24/5 chat & email support • 5min first response chat • 2hr first response email Functionality & Technical Approach Training As new users of EngagementHQ, Monuments Across Appalachian Virginia has access to a range of support services to help you get the most from our software and your online consultations. Each client has access to the following resources; Customer Success Consultants (CSCs) Customer Success Consultants are available to help your organization through your project planning, training and account management questions. They are here to help you scope your site and guide your through our on-boarding process. Use your Customer Success Consultants for strategic catch-ups, peer reviews, quick advice or even to help you with more complex questions or challenges to do with engagement planning and implementation. To find out who your Customer Success Consultant is, please get in-touch with us via chat or email at support@engagementhq.com Help Desk: Our Help Desk team is available 24/5 to help you with your technical issues or quick advice. You can get in-touch with our Help Desk team by utilizing our in-app intercom chat facility for quick advice or by sending a support ticket to our support@engagementhq.com email address. If you need to report a technical issue, please make sure you clearly explain your issue and provide screenshots where you can support your report. EngagementHQ Platform Training: All admins of EngagementHQ have access to our regular catch-up platform training sessions. These sessions are designed for all new admins of the site and will take you granicus.com | info@granicus.com 12 through the core functionality required to get you up and running with a new project. These sessions are run via an online webinar and are perfectly suitable for groups. You can book these sessions at any time throughout your license, however, we ask that you try and book in groups where possible. To book your EngagementHQ Platform Training, visit our events page Granicus University. PRICE PAGE This fee proposal shall include all work necessary to effectively conduct and complete the Scope of Services. The fees stated below must include all necessary costs including, but not limited to, labor, materials, overhead, administrative charges, profit and insurance. Implementation costs $3,000 Hardware costs $0 Ongoing Maintenance costs $15,800 Other (additional rates for services not listed) Optional GovDelivery Implementation $500 Optional GovDelivery Annual Fee $4,830 Page 20 of 23 TOWN OF ORO VALLEY RFP No. 24004 POSTED JUNE 14, 2023 Online Constituent Engagement Platform for General Plan Creation 408 St. Peter St, Suite 600 THIS IS NOT AN INVOICE Order Form St. Paul, MN 55102 Prepared for Oro Valley, AZ Order #: Q-290832 Prepared: 11 Jul 2023 Page 1 of 10 Granicus Proposal for Oro Valley, AZ ORDER DETAILS Prepared By:Jake Stechmann Phone: Email:jake.stechmann@granicus.com Order #:Q-290832 Prepared On:11 Jul 2023 Expires On:25 Aug 2023 Currency:USD Payment Terms:Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Period of Performance: The term of the Agreement will commence on the date this document is signed and will continue for 36 months. The subscription includes the following domain(s) and subdomain(s): ·https://www.orovalleyaz.gov/Home ORDER TERMS Order Form Oro Valley, AZ Order #: Q-290832 Prepared: 11 Jul 2023 Page 2 of 10 PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. One-Time Fees Solution Billing Frequency Quantity/Unit One-Time Fee EHQ Standard Implementation Up Front 1 Each $2,500.00 EHQ Online Training Sessions Up Front 1 Each $0.00 Implementation - EHQ Essential CX Services Package Up Front 1 Each $0.00 EHQ Additional Site Admin - Configuration Up Front 1 Each $0.00 Implementation - EHQ Workforce Single Sign-on Up Front 1 Each $500.00 SUBTOTAL:$3,000.00 New Subscription Fees Solution Billing Frequency Quantity/Unit Annual Fee EHQ Basic Annual 1 Each $10,000.00 EHQ Essential CX Services Package Annual 1 Each $2,500.00 EngagementHQ Additional Site Admin Annual 1 Each $1,500.00 EHQ Workforce Single Sign-On Annual 1 Each $1,800.00 SUBTOTAL:$15,800.00 Communications Cloud Tier: for up to 4999 subscribers Order Form Oro Valley, AZ Order #: Q-290832 Prepared: 11 Jul 2023 Page 3 of 10 Optional Solutions Solution Billing Frequency Quantity/Unit Associated Fee GovDelivery for govAccess Customers Annual 1 Each $4,830.00 Communications Cloud - Online Training Up Front 1 Each $500.00 Communications Cloud - Setup and Configuration Up Front 1 Each $0.00 SUBTOTAL:$5,330.00 Order Form Oro Valley, AZ Order #: Q-290832 Prepared: 11 Jul 2023 Page 4 of 10 FUTURE YEAR PRICING Period of PerformanceSolution(s)Year 2 Year 3 EHQ Basic $10,700.00 $11,449.00 EHQ Essential CX Services Package $2,675.00 $2,862.25 EngagementHQ Additional Site Admin $1,605.00 $1,717.35 EHQ Workforce Single Sign-On $1,926.00 $2,060.82 SUBTOTAL:$16,906.00 $18,089.42 Period of PerformanceOptional Solution(s)Period 2 Period 3 GovDelivery for govAccess Customers $5,168.10 $5,529.87 Order Form Oro Valley, AZ Order #: Q-290832 Prepared: 11 Jul 2023 Page 5 of 10 PRODUCT DESCRIPTIONS Solution Description EHQ Basic Basic engagement package; ·Annual subscription ·Ten digital engagement projects per year ·One Site Administrator ·Three Project Administrators ·Access to all standard tools including embeddable Surveys/polls, Forums, Guestbook, Stories, Q&A, Ideas, Places and Newsfeed ·Customizable registration form and Participant Relationship Manager (PRM) ·Appearance editor for homepage management, branding and styling ·Access to reporting and analysis tools including Survey Analysis, Text Analysis with sentiment, tool dashboards, customizable PDF survey reports and downloadable excel reports ·Newsletters for project updates and project communication ·24/7 independent moderation EHQ Standard Implementation EHQ Standard Implementation for training and onboarding; ·Site delivery and onboarding details ·Scheduled kick-off call to discuss goals and implementation process ·Site Admin training on EHQ platform ·Site review and quality assurance checks prior to launch EHQ Online Training Sessions Two 90 minute online training sessions for EHQ. Order Form Oro Valley, AZ Order #: Q-290832 Prepared: 11 Jul 2023 Page 6 of 10 Solution Description EHQ Essential CX Services Package EHQ Essential CX Services Package; ·Annual subscription ·Up to 10 hours of strategic support and advice from our engagement specialists ·Utilize for assistance with campaign strategy, engagement methodology, tool selection or internal buy-in and adoption ·One 60 minute online EHQ refresher session per annum EngagementHQ Additional Site Admin Additional Site Admin for EHQ. Implementation - EHQ Essential CX Services Package Implementation of Essential Services Package in Wrike. Package is for 10 hours of support and includes 1 x 60 minute online training session. EHQ Additional Site Admin - Configuration Set up and configuration of additional Site Admin. EHQ Workforce Single Sign-On Annual EHQ Workforce Single Sign On (SSO) subscription for administrators of EHQ. Implementation - EHQ Workforce Single Sign-on Installation and setup of EHQ Workforce Single Sign-on. Communications Cloud - Online Training (Optional Solution) Provides a balance of Product knowledge and industry best practices to a specific audience. Sessions are delivered by product experts via videoconferencing technology. Order Form Oro Valley, AZ Order #: Q-290832 Prepared: 11 Jul 2023 Page 7 of 10 Solution Description Communications Cloud - Setup and Configuration (Optional Solution) The Cloud is a Software-as-a-Service (SaaS) solution that enables government organizations to connect with more people. By leveraging the Cloud, the client will be able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. The Cloud setup and configuration includes: ·The implementation consultant will be assigned to Recipient during the setup process for up to 90 days ·Unlimited access to Web-based recorded trainings and online help for administrations on the following topics: standard Messaging, the GovDelivery Network, Automation, Mobile and Analytics ·Up to 2 Web-hosted training sessions that must be used within 180 days of Kickoff ·Up to 5 hours of message template and integration development that must be used within 90 days of Kickoff GRANICUS ADVANCED NETWORK AND SUBSCRIBER INFORMATION ·Granicus Communications Suite Subscriber Information. o Data provided by the Client and contact information gathered through the Client's own web properties or activities will remain the property of the Client ('Direct Subscriber'), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of the Client, unless required by law. o Granicus shall: (i) not disclose the Client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the Client hereby grants to Granicus a perpetual, non-cancelable, worldwide, non-exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products by the Client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and any other legitimate business purpose, including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information). ·Data obtained through the Granicus Advanced Network. o Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication (the 'Advanced Network'). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a 'Network Subscriber' to the agency it subscribed to through the Advanced Network. o Network Subscribers are available for use while the Client is under an active subscription with Granicus. Network Subscribers will not transfer to the Client upon termination of any Granicus Order, SOW, or Exhibit. The Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW, or Exhibit placed under this agreement. All information related to Network Subscribers must be destroyed by the Client within 15 calendar days of the Order, Order Form Oro Valley, AZ Order #: Q-290832 Prepared: 11 Jul 2023 Page 8 of 10 SOW, or Exhibit placed under this agreement terminating. o Opt-In. During the last 10 calendar days of the Client's subscription, the Client may send an opt- in email to Network Subscribers that shall include an explanation of the Client's relationship with Granicus terminating and that the Network Subscribers may visit the Client's website to subscribe to further updates from the Client in the future. Any Network Subscriber that does not opt-in will not be transferred with the subscriber list provided to the Client upon termination. UPDATES TO SHARED SHORT CODES FOR SMS/TEXT MESSAGING (US CLIENTS ONLY): ·Granicus will be migrating all clients with SMS/Text Messaging Solutions using a shared short code option to a unique standard toll-free number within the United States (International numbers not supported). Short Codes are recommended for Text-to-Subscribe functionalities, if enabled where available, for an additional fee. ·Client must have explicit opt-in for all destinations sent to and adhere to all CTIA guidelines for the duration of its use. Order Form Oro Valley, AZ Order #: Q-290832 Prepared: 11 Jul 2023 Page 9 of 10 TERMS & CONDITIONS ·This quote, and all products and services delivered hereunder are governed by the terms located at https://granicus.com/legal/licensing, including any product-specific terms included therein (the “License Agreement”). If your organization and Granicus has entered into a separate agreement or is utilizing a contract vehicle for this transaction, the terms of the License Agreement are incorporated into such separate agreement or contract vehicle by reference, with any directly conflicting terms and conditions being resolved in favor of the separate agreement or contract vehicle to the extent applicable. ·If submitting a Purchase Order, please include the following language: The pricing, terms and conditions of quote Q-290832 dated 11 Jul 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. ·This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Oro Valley, AZ to provide applicable exemption certificate(s). ·Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. Order Form Oro Valley, AZ Order #: Q-290832 Prepared: 11 Jul 2023 Page 10 of 10 BILLING INFORMATION Billing Contact:Purchase Order Required? [ ] - No [ ] - Yes Billing Address:PO Number: If PO required Billing Email:Billing Phone: If submitting a Purchase Order, please include the following language: The pricing, terms, and conditions of quote Q-290832 dated 11 Jul 2023 are incorporated into this Purchase Order by reference and shall take precedence over any terms and conditions included in this Purchase Order. AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Oro Valley, AZ Signature: \s1\ Name: \n1\ Title: \t1\ Date: \d1\ granicus.com | info@granicus.com 24 Description of Company EHQ was founded in 2007 in New Castle, Australia and now operates across 5 countries including Australia, New Zealand, United Kingdom, Canada and the United States. The platform has been purpose-built by engagement experts to facilitate meaningful and transparent community and stakeholder engagement and is used by more than 1000 government organizations across local, state and federal government. Over the past 16 years the platform has been used to capture community feedback and analyze findings on more than 50,000 public consultations including capturing and processing millions of citizen contributions. EHQ powers some of the largest government agencies globally including education, transport, utilities, health, resources, planning and recreation to name a few. Today we support over 12,000 practitioners around the globe inform and engage their residents on projects as well as other important community conversations related to budget, policy development, placemaking, ongoing community conversations, and online public meetings. And we are ready to help you leverage resident input to drive community-informed decision-making that results in resource savings and increased community trust. The Granicus digital engagement platform will support your goals, by: • Providing an engagement dashboard that allows for easy monitoring, analysis, and reporting across all project and consultation types. • Supporting the improvement of public trust through ongoing communications, engagement, and feedback. • Building a database of engaged residents and stakeholders that facilitates a trusted relationship with the department. • Providing all the tools necessary to perform a wide range of engagement activities, including discussion forums, brainstorming, storytelling, surveying, and mapping activities, that integrate seamlessly with the built-in reporting and analytics tools. • Creating an accessible user interface and supplying tools to make both the admin and participant journey through the consultation process a delight. EngagementHQ has been trading under the company of Bang the Table Pty Ltd up until 2020 when it was acquired Granicus. Granicus employs over 1,300 employees in 7 countries including the United States, Canada, The United Kingdom, Australia, and New Zealand. We have over 1,000 US based Granicus Employees. granicus.com | info@granicus.com 25 Team Members Executive Sponsor Christie is an expert in civic engagement and joined Granicus in August 2022. For over 13 years, she has led cross-functional teams with a focus on coaching, mentoring, and enablement. She currently leads a team of 19 implementation consultants and project managers across the US/Canada/UK markets to help public sector clients effectively use Granicus solutions to engage their constituents and drive decision-making to increase government effectiveness. Christie has a background in higher education as a faculty member and administrator and earned her Ph.D. in political science. Project Team Anthea has worked with Granicus for over 10 years and has over 25 years’ experience in communications, public relations, and online community engagement. Anthea specializes in helping provincial/local governments and territorial organizations to successfully embed and apply best practices in the use of online community Employee: Anthea Robinson-Shaw Title: Manager Implementation (Implementation and Project Management) (US/CAN/UK) (British Columbia-based) Online Profile: https://www.linkedin.com/in/a nthea-robinson-shaw-aa3547b/ Employee: Christie Maloyed Title: Director of Implementation, Digital Communications & Digital Engagement (US/CAN/UK) (Louisiana-based) Online Profile: https://www.linkedin.com/in/christie -maloyed/ granicus.com | info@granicus.com 26 engagement within their internal processes. Anthea is based in British Columbia, Canada. Anthea’s leads the EngagementHQ Implementation team for the USA, Canada and United Kingdom as well as working on onboarding and ongoing client support services. Previously, Anthea worked in her own marketing and communications consultancy. She possesses over 20 years of relevant experience and formal education with a degree in Communications. Anthea also sits on the BC Chapter Board for the International Associations for Public Participation (IAP2), as well as the annual conference steering committee for the Canadian Board of the IAP2. Further, Anthea completed the International Association for Public Participation’s (1AP2) Certificate Program in the Spring of 2013. • Project management • Client onboarding services • Digital Engagement Practice Support Services Nadine joined Granicus June 2021 as a fully bilingual Engagement Manager. She brings previous experience with EngagementHQ from the client side. Granicus’ mission appealed her to promote public participation and engagement to give constituents the possibility to be heard. Nadine has extensive experience working with governments at a local and federal level, as she worked for more than 10 years for the Swiss government. In this role and as part of the Swiss culture, she experienced a broad palette of engagement activities. • Project management • Client onboarding services • Digital Engagement Practice Support Services Employee: Nadine de-Thomaz Title: Implementation Consultant and French Specialist (US/CAN) (Ontario-based) Online Profile: https://www.linkedin.com/in/nadine dethomaz/ granicus.com | info@granicus.com 27 Catherine joined Granicus in November 2020 to support and train clients in developing their EngagementHQ sites. What appealed to Catherine was working with governments and organizations to enable meaningful, creative, and more convenient collaborations with the communities they serve. Catherine has a wealth of experience in the non-profit, local government, and corporate sectors. She has had many roles—literacy volunteer, graphic designer, editor, production manager, account manager, and more—all of which have helped broaden the perspective she brings to clients undertaking a breadth of online engagement projects across North America and beyond. • Project management • Client onboarding services • Digital Engagement Practice Support Services Siân joined Granicus in February 2021 as an Engagement Manager and is now an Implementation Consultant for EngagementHQ. In her previous role she spent seven years in the Consultation and Engagement team for a public sector organization where she worked on a wide variety of projects including infrastructure development schemes, local plans, and transport strategies. During this time, she was instrumental in procuring EngagementHQ and led on the development and management of their site. Siân is passionate about the public voice and aspires to help organizations develop quality opportunities for their communities to be heard. Siân has extensive experience working with Employee: Catherine Foy Title: Senior Implementation Consultant (US/CAN) (Texas-based) Online Profile: https://www.linkedin.com/in/catheri nefoy Employee: Siân Lomax Title: Implementation Consultant (UK) (Yorkshire UK-based) Online Profile: https://www.linkedin.com/in/sian- lomax-a91973171/ granicus.com | info@granicus.com 28 • Project management • Client onboarding services • Digital Engagement Practice Support Services Dan joined Granicus in October 2021 as an Implementation Consultant for EngagementHQ. He brings over twelve years of experience in marketing and communications for local government where he managed digital, print and in-person outreach for projects and city services. Dan has participated in numerous community plan processes as both agency moderator and resident participant. He joined the Granicus EngagementHQ team to use those learnings to help strengthen relationships between governments and those that they serve throughout North America. • Project management • Client onboarding services • Digital Engagement Practice Support Services Jessica joined the EngagementHQ team in October 2021 as an Implementation Consultant specializing in smaller municipalities. She brings an understanding of the product from the client side and previous training experience. Jessica is passionate Employee: Dan Krewson Title: Implementation Consultant and Project Management (US/CAN) (Missouri-based) Online Profile : https://www.linkedin.com/in/dan- krewson-stl/ Employee: Jessica Peterson Title: Implementation Consultant and Projects (US/CAN) (Missouri-based) Online Profile: https://www.linkedin.com/in/jessi ca-peterson-6365a5172/ granicus.com | info@granicus.com 29 about two-way communication between governments and their constituents. She was drawn to Granicus for their commitment to governments of all levels and sizes, and she is eager to work with communities across North America • Project management • Client onboarding services • Digital Engagement Practice Support Services Lucas joined Granicus in May of 2022 as an implementation Consultant. He brings previous experience from a retail, analytics, and marketing perspective from his previous work in the ECOM sector. What appealed to Lucas about Granicus was their unique market position of being able to service the government sector while being a private company. He also liked being part of t solution that connected government with its communities. Lucas’s has extensive knowledge of practices that work online with the ECOM sector where he focused specifically on the customer experience/satisfaction on the site. He also worked breaking down metrics on usability which has helped him translate communication and engagement strategies for clients to real world working solutions for clients. • Project management • Client onboarding services Employee: Lucas Sheppard Title: Implementation Consultant (US/CAN) (Iowa-based) Online Profile: https://www.linkedin.com/in/luc as-sheppard-662a54a2/ granicus.com | info@granicus.com 30 GovDelivery (Optional Service) Granicus’s Communications Cloud (the Cloud) is a Software as a Service (SaaS) solution that enables government organizations to connect with more people. By leveraging the Cloud, you are able to utilize a number of different outreach mediums, including email, SMS/text messages, RSS feeds, and social media integration to connect with its target audiences. You will have access to a Client Success Consultant and will be able to have an active partnership with the Granicus Network. Subscriber Capture and Email Fully customizable signup and email templates, which adopt the City’s look and feel, come standard with the Cloud, ensuring seamless integration with your website. The Cloud also has robust reporting capabilities that will give the City access to thorough metrics and analytics. Additionally, the Cloud has industry-leading delivery standards and manages all bounces. Standard Communications Cloud Inclusions: • Up to 25,000 subscribers • Unlimited ability to upload and migrate existing email lists • Up to 100,000 SMS messages per year from a short code in the U.S. (international numbers not supported) • 1 Granicus account • Unlimited active Granicus administrators • Unlimited topics • Unlimited access to web-based recorded trainings on Standard Messaging, the Granicus Network, Automation, Mobile, and Analytics • Access to a complete archive of all data created by the City for 18 months (rolling) • Access to up to 3 hours of template and integration development • Access to up to 2 web-hosted trainings per year • 24/7 system monitoring, email and phone support during business hours, auto response to inbound messages from end users, and emergency support Advanced Cloud Module The GovDelivery Advanced Cloud Module will give public-sector communicators better insight into the needs of citizens and better ability to promote and enhance online transactions, promote behavior change through public awareness, and improve citizen engagement. The Advanced Cloud Module of digital marketing capabilities adds streamlined marketing options that can take an organization’s digital outreach to the next level by incorporating greater degrees of audience segmentation, personalization, message testing, and mobile engagement. granicus.com | info@granicus.com 31 The following services are included in the Advanced Cloud Module:  Dynamic Segmentation such as − Communications − Engagement − Location  Canned Campaigns − Re-engagement − New Subscriber Onboarding  Testing − Simple (A/B, 10/10/80)  Advanced Analytics for Segmentation/Campaign/Testing Segmentation Campaigns A/B Testing Analytics The fastest way to refine a large pool of the audience into key targeted subsets. Create and save dynamic audiences based on interests, engagement, and create more ways to target. Pre-built, out of the box digital campaigns proven to successfully on- board new audiences, increase engagement and conversions among existing audiences, and improve lifetime value. Turn “I think” into “I know” with a streamlined, proven approach to testing. A/B testing yields actionable results for short term optimizations or long-term programmatic improvements. More valuable metrics and insight to measure results, optimize digital strategies, and drive continuous improvement within testing efforts and campaign strategies. SMS (Text Messaging) Public sector organizations face the challenge of engaging its audiences while dealing with significant resource constraints. While 90% of Americans have a mobile device, 42% of those mobile users don’t have a smartphone with internet access, however, they all can send and receive text messages. Where ad campaigns, websites, and social media fall short, SMS fills in the gaps. You can utilize SMS to better reach its audiences, including low-income, diverse, and under-served groups. granicus.com | info@granicus.com 32 More people have access to text on a mobile device than any other communication channel. More people and more diverse perspectives get their voice represented. With a 97% read rate within 15 minutes of sending and an average open- ended response of 2.5 sentences, text messaging is clear and actionable. Simplicity and convenience for participants. People read and respond to text messages while they’re waiting for the bus or walking down the street. Those with lower levels of income and education text more often than those at the higher end of the income and education scale. 2-3x More texts sent by African-Americans and Hispanic than Caucasian audiences. 55% Of Americans who exchange more than 50 messages a day say they would rather get a text than a call. 109 Average messages exchanged on a normal day for cell phone owners between the ages of 18 and 24. Interactive Text Interactive Text’s web platform sends, receives, and analyzes text messages so organizations can reach citizens with the technology already in their pocket. Granicus provides an enhanced direct communications channel for priority alerts and reminders via two-way, Interactive Text Messaging. Interactive Text Messaging will enable you to deliver bite-sized information directly to the public, recruit and enroll stakeholders in programs, and receive actionable feedback. Standard Interactive Text Inclusions: • Up to one (1) Interactive Text Messaging account • Two-way Interactive Text Message management and delivery • Up to 100,000 SMS messages per year from a shared short code within the U.S. (international numbers not supported) • Dashboard with automated, real-time reporting, and webhook access • Unlimited campaigns • Advanced skip logic, photo messaging, and voicemail • Up to one (1) hour of web-hosted training for your staff to use and administer Interactive Text Messaging granicus.com | info@granicus.com 33 • Photo message capture is available and counts as two (2) messages per submitted photo. Messages not used in the Period of Performance will not carry over to the following year. Custom shortcodes, webhook configuration, and full read and write API access is available for an additional fee. Implementation and Ongoing Support Implementation, training, and ongoing customer support services are included with the subscription. Implementation includes: • Access to an implementation consultant for up to 90 days Access to existing web-based recorded trainings around standard account functions and capabilities Granicus has all the tools that the you need to effectively inform and engage its audience. The Granicus Network The Granicus Platform The Platform empowers you to efficiently connect with more people and to get those people to take action. Comprehensive features and easy access to numerous channels enable the City to elevate, streamline, and track its communication efforts. Email Mobile Social Web The services you deliver are only as effective as its audience reach. Gain access to new inbound growth channels and potentially grow the City’s audience by 100-300%. Some of the unique ways Granicus can help you reach more people include:  Web and Form Capture  Mobile Capture  Social Capture  Landing Pages  Audience Insight When an agency chooses to partner with Granicus, it is able to participate in the Network, a unique way for agencies to grow their audiences. The Network promotes an agency’s content beyond the walls of its website, giving the agency access to more than 200 million people who are already digitally engaged with government. Each agency has the ability to leverage traffic from hundreds of government organizations, based on criteria such as the agency’s relevance to subscriber interests. granicus.com | info@granicus.com 34 Your audiences live in a multi-channel world, be there on their terms. Get the right information, to the right audience at the right time. Granicus helps engage CITY’s audiences through industry leading channels, including:  Email Marketing  Mobile Marketing  Social Marketing  Web Content Automation  RSS Content Automation  Targeting and Personalization With more than 30,000 subscribers joining daily, the Network drives massive audience growth for organizations across all levels of government. 21 APPENDIX A Requirements Grid. Requirements ADMINISTRATION Req. # Priority Requirement Describe how the solution will meet the requirement 1 Required Must allow SSO / Azure AD integration for staff access SSO is an add-on to EngagementHQ and is not included in any standard license. Currently, we offer SSO for any Identity Provider (IdP) that supports SAML (Security Assertion Markup Language). SAML-based SSO services involve communications between the user, an Identity Provider (IdP) that maintains a user directory, and EngagementHQ. When a user attempts to access EngagementHQ, we will send a request to the IdP for authentication. EngagementHQ will then verify the authentication and log the user in as a project admin, site admin, or hub admin, depending on their roles. Examples of IdPs we have worked with are: Microsoft Active Directory Federation Services PingFederate OKTA Azure F5 Google ADFS SAML Important: We do not support IdP-initiated logins. 2 Required Application must be cloud-based - SaaS The Software-as-a-Service solution is browser-based and 22 hosted using the Amazon Web Services cloud data center environment which offers performance and availability consistent to guarantee 99.75% uptime. AWS Cloud infrastructure meets the requirements of an extensive list of global security standards, including ISO 27001 and SOC. See the AWS Compliance page for more information. The hosting jurisdiction and facility is located in the United States of America at: AWS, US West (Northern California) The customer does not need to locally install any software. 3 Required The application must provide Reporting/Analytics [e.g., usage, number of users, number of times content is shared, viewed, commented on, number of survey or poll participants, etc. EngagementHQ incorporates a suite of analysis and reporting capabilities for each feedback tool used within a consultation project, for individual or multiple consultation projects and on a site wide basis, each of which can be configured and accessed both online or as a download in PDF, Excel or CSV document including codified data formats. All EngagementHQ analysis and reporting can be configured to report across specific timeframes. • The EngagementHQ Dashboard provides an overview or snapshot of site visitation and a summary of specific interactions by participants across individual feedback tools in each live project. • Site-wide Activity is accessible online and in download report formats as either a 23 summary or full report of engagement with the option to report across either live or archived engagement projects or categories. • Project Activity Reports and Analysis capabilities are available both online and in download formats for all individual projects in both summary and full report formats. The reports include all feedback and detailed date stamped results in graphs for surveys (including cross tabulation), submissions and quick polls. Detail of all qualitative feedback from Discussion Forums, the Guestbook, Q&A, Places and Ideas is captured within the project report and can be further interrogated and analysed via sentiment analysis, demographics, key search functions and tagging with reports available in PDF and Excel formats. • Engagement Tool Activity reporting enables access to the activity and reports for each individual tool used in a consultation project or across multiple consultation projects. • Participant Demographics are captured during the registration process. Reporting and analysis of captured data allows analysis of participation by demographic 24 identifiers for individual, multiple and consolidated consultation projects and/or for each feedback tool or by participant. EngagementHQ includes capacity to apply sentiment analysis to key demographic indicators • Traffic Sources are tracked via the EngagementHQ dashboard providing key insights on the success of communications and marketing strategies and reports on the source of traffic to your site or consultation project for example from Direct URLs, Social, Email, Referrals and Search Engines. • Analysis provides capacity to undertake both qualitative and quantitative analysis from all feedback tools. • Comment Tagging and Sentiment Analysis functionality allows all qualitative feedback via Forums, Storyteller, the Guestbook, Q&A, Ideas, Places, Surveys, Petitions and Submissions to be interrogated cross referencing sentiment analysis against demographic data including capacity to categorise, tag and download qualitative analysis reports in Excel or CSV formats for further interrogation of reporting. 25 • Survey Analysis provides capacity to filter survey results by a range of filters and undertake both comparative and cross tab analysis by a range of data subsets including participant demographics and responses to previous questions. 4 Required The application must allow export of data in CSV, Excel, or SQL format (all collected data/input) The system supports data import and export in multiple formats including xls, csv, and pdf. You can export your data from within the platform or via API at any time. 5 Required The application must allow users to create an account/register on website EngagementHQ has a secure and verified self-user registration process incorporating an authentication link sent via email at the completion of the registration process. The verifiable sign up ensures data integrity by precluding capacity to duplicate or create more than one account from any single verified email address. EngagementHQ sign-on requires: A combination of username and password Passwords must be 8-16 characters long; Must be a combination of numbers and letters; Must have one lowercase letter and one uppercase letter. Password pages are protected against brute force attacks. Administrators that are inactive for two hours will automatically be logged out. Repeated (more than 5) wrong login attempts will cause the account to be locked out for 15 minutes. 26 6 Nice to Have The application must allow users to user to create an account using Google, Facebook, or O365 You can allow participants to link their EngagementHQ accounts with external identity providers like Google, Facebook, or Twitter. A participant that chooses this method of registration will be able to log in to your site using the selected login credentials. 7 Required Service Stability - 99.999% uptime We guarantee 99.75% availability and our uptimes have historically remained above “three 9s” (99.9%). Our guarantee is backed by our SLAs. Our Disaster Recovery plan is tested annually or when there is a major change in our environment, either to our infrastructure or application. Lessons learned from these tests are incorporated back into the plan. Recovery Time Objective (RTO)- worst case time to restore service in a disaster as 6 hours. Recovery Point Objective (RPO) - worst case time to restore data loss in a disaster as 24 hours. We are hosted on Amazon Web Services (AWS) infrastructure and leverage their high availability infrastructure for application and data restoration. In addition, we take a complete server snapshot daily, which is maintained for 15 days. In case of an emergency or a disaster situation we are able to retrieve and restore data from a single point-in-time in our recovery period on behalf of a client, however, we do not offer any Client managed data 27 restore options. The EngagementHQ solution is hosted using the Amazon Web Services cloud data center environment which offers performance and availability consistent with this uptime expectation. 8 Nice to Have Allow internal support of all engagement methods in one place Granicus will provide its engagement module as part of the proposed solution. The survey tool is one of the module's most popular engagement tools, useful when there is a necessity to gather large amounts of information quickly and efficiently from your community about a particular project or program. Engagement participation tools include surveys, submissions, quick polls, interactive mapping, discussion forums, guestbooks, ideas, storytelling, and Q&A. Event registration may be managed by the survey tool. This will be provided for use across your organization and includes associated support and advice for unlimited open community and stakeholder engagement projects, in addition to protected community panel, focus and advisory group consultation projects. Information sharing tools include participant emails and newsletters, news feeds, document libraries, video galleries, image galleries, FAQs, key dates, timelines, calendars, key links, and HTML embeds. 28 9 Should Have The application should be able to send notifications to users when new discussions are opened If a user creates a discussion forum, they will receive a Thank you email for creating a new forum topic for discussion with a copy of the forum topic title created. If the participant has selected to be notified when a reply to a comment is posted, then they will receive a notification email when a reply is posted too. You also have the ability to restrict forum creation to moderators only. 10 Should Have The application should be able to send notifications to users when new video content is posted New consultations and updates are communicated via the EngagementHQ email/e- newsletter. Additionally the project Newsfeed is available within projects to provide updates and project news. 11 Nice to Have The application should allow a user to follow a topic of discussion If the participant has selected to be notified when a reply to a comment is posted, then they will receive a notification email when a reply is posted. 12 Nice to Have The application should allow users to receive notifications about items they are following When you use the Follow Project widget in your project pages, it allows participants, registered or unregistered, to 'follow' any of the published projects and effectively become a subscriber for project updates, receiving email notifications for the items they have opted in to seeing. 13 Required The application must allow users to opt out of receiving notifications During the registration process, users will enter their information and can opt in to receive communications or elect to opt out of all communications. Staff with appropriate permissions will then be able to email these users and create segmented lists. 29 14 Nice to Have The application should allow users to follow or subscribe to content or feeds. When you use the Follow Project widget in your project pages, it allows participants, registered or unregistered, to 'follow' any of the published projects and effectively become a subscriber for project updates. 15 Required The application must allow users to opt out of or unsubscribe from content or feeds EngagementHQ allows registered stakeholders to edit their profile and unsubscribe. 16 Should Have The application should minimize the number of mouse clicks required to view or engage with content By designing your engagement site and project pages with the user experience in mind, we provide a safe and productive mechanism for obtaining feedback from, and reporting back to, the community. Part of our design process is ensuring that the site is intuitive and easy to navigate, thereby minimizing the number of clicks needed to start engaging. 30 GENERAL 17 Required Training and materials provided by vendor (e.g., end user training, quick tips sheet, SCORM file format training for LMS, etc.) We provide training to ensure your team understand EHQ functionality and user administration capabilities: • a Site Administrator training session to cover initial set-up, and an overview of all back- end settings and functionality • administrator training sessions covering the EngagementHQ content management system Granicus can also provide additional training sessions depending on Oro Valley requirements and would be happy discuss further. There are a variety of training options available. Please see https://helpdesk.bangthetable.c om/en/articles/806176-training- and-support-explained 18 Required Must have ability to limit participation on platform to registered users (view only ok without registration) EngagementHQ allows you to choose if a project is 'Public', 'Protected', or in 'Community Panel' mode. Projects that are marked 'Protected', are removed from the view of the general public and are only accessible by those that you have granted access to. 19 Required Must have the ability for Town staff to manually add input from local meetings into a particular project in the application Staff can manually add any content from local meetings directly into a project page including: Text Documents - PDF, MS and OpenOffice Excel (.xls, .xlsx), MS and OpenOffice Word (.doc, .docx), MS and OpenOffice PowerPoint (.ppt, .pptx) Audio Files - mp3, wav, x-wav Video Files - mp4, mpeg, mov (Quicktime), flv Image Files - jpg / jpeg, gif, 31 png, bmp Other- zip, xml 20 Required The application must have polling functionality Engagement participation tools include surveys, submissions, quick polls, interactive mapping, discussion forums, guestbooks, ideas, storytelling, and Q&A. Event registration may be managed by the survey tool. Quick polls can be added to an individual project or event to quickly gather resident feedback. 21 Required The application must allow quick creation of polls for local events Engagement participation tools include surveys, submissions, quick polls, interactive mapping, discussion forums, guestbooks, ideas, storytelling, and Q&A. Event registration may be managed by the survey tool. Quick polls can be added to an individual project or event to quickly gather resident feedback. 22 Required The application must display polls results real-time Quick polls can be used as a tool or a widget on a project page. Within the settings of the poll, you can enable users to see real-time results immediately after submitting their own answers. 23 Required The application must have discussion board functionality Discussion Forums are community spaces for discussion, debate and dialogue and are the most transparent form of online engagement. A safe and interactive space for your community to discuss debate and resolve issues and opportunities, Discussion Forum comments are moderated 24/7 to protect against inappropriate language, displays of disrespect to other 32 participants and off topic comments and include capacity for participants to alert our Moderation Team. EngagementHQ Discussion Forums include capacity to: • Embed rich media within the discussion introduction • Create multiple discussion topics and open and close topics independently of each other within a project • Provide easy to read multi-threaded discussions for deeper engagement • Facilitate discussion via Council team members or topic experts • Allow participants to agree or disagree with comments 24 Required The application must allow the Town to post topics and allow people to respond EngagementHQ provides capacity to create and apply custom theme/topic tags to individual consultation projects. Themed project tags are stored within your EngagementHQ site enabling selection from a dropdown list for consistency of project tagging. The EngagementHQ Participant Relationship Management System (PRM) allows sorting of participant involvement and activity by project tag. 25 Required The application must allow multiple threads of conversion EngagementHQ Discussion Forums include capacity to: • Create multiple discussion topics and open and close topics independently of each other within a project • Provide easy to read multi-threaded discussions for deeper engagement 33 26 Required The application must have automated moderation 24-hour moderation is provided on all public facing comments via an automated profanity filter and expert, in addition to real- person moderation, creating a safe space for your community and stakeholders. 27 Should Have The application should allow for human moderation 24-hour moderation is provided on all public facing comments via an automated profanity filter. Granicus also provides expert human moderation to ensure that we are creating a safe space for your community and stakeholders. 28 Should Have The application should allow reporting on discussion topics Project Activity Reports and Analysis capabilities are available both online and in download formats for all individual projects in both summary and full report formats. The reports include all feedback and detailed date- stamped results in graphs for surveys (including cross tabulation), submissions and quick polls. Detail of all qualitative feedback from Discussion Forums, the Guestbook, Q&A, Places and Ideas is captured within the project report and can be further interrogated and analysed via sentiment analysis, demographics, key search functions and tagging with reports available in PDF and Excel formats. 29 Required The application must have online survey functionality EngagementHQ’s survey tool is one of the most popular tools. It is very useful when there is a necessity to gather large amounts of information quickly and efficiently from your community about a particular topic. It utilizes many of the specifically requested features for soliciting survey input. For a 34 wide variety of the types of survey questions available, more information can be found here: https://helpdesk.bangthetable.c om/en/articles/3150672-survey- question-types-explained. EngagementHQ also offers a robust Survey Analysis Tool for evaluating response data. 30 Required The application must allow users to respond to online surveys EngagementHQ’s survey tool is one of the most popular tools. It is very useful when there is a necessity to gather large amounts of information quickly and efficiently from your community about a particular topic. It utilizes many of the specifically requested features for soliciting survey input. For a wide variety of the types of survey questions available, more information can be found here: https://helpdesk.bangthetable.c om/en/articles/3150672-survey- question-types-explained. EngagementHQ also offers a robust Survey Analysis Tool for evaluating response data. 31 Should Have The application should allow videos and/or images to be embedded in surveys EngagementHQ includes the ability to allow images or embedded links to videos to be added to surveys. 32 Nice to Have The application should allow users to search for surveys that may be of interest to them EngagementHQ’s survey tool is one of the most popular tools. It is very useful when there is a necessity to gather large amounts of information quickly and efficiently from your community about a particular topic. Users can search your engagement site for surveys through the built-in search capability. 33 Should Have The application should allow users to view the results of a survey Survey data is protected and any reports that aggregate 35 response data are unavailable to users unless disclosed by administrators. Quick polls can be used as a tool or a widget on a project page. Within the settings of the poll, you can enable users to see real-time results immediately after submitting their own answers. 34 Required The application must have PDF reader that allows for viewing of a document in magazine layout Using the built-in document management tool, you can post PDF, MS and OpenOffice Excel (.xls, .xlsx), MS and OpenOffice Word (.doc, .docx), MS and OpenOffice PowerPoint (.ppt, .pptx) documents directly to your project page. 35 Required The application must have Geo Mapping functionality Places tool is an interactive mapping tool that allows you to capture geo-spatial feedback as part of your online consultations. This is a perfect tool for consultations where you would like to investigate community views about a specific location. There are several distinguishing features of EngagementHQ Places that make it a powerful engagement tool to use as part of your next engagement. With Places you can; • Add multiple pin categories to identify feedback on different issues • Restrict feedback to a geographic boundary using our polygon boundary tool • Add multiple layers with information in customized colors. • Add shape and line markers to provide additional information on the map 36 • Upload one or more WMS, KML and ESRI shapefile information layers (We don't support ESRI ArcGIS on EngagementHQ) • Create a survey that will appear on each pin drop • Select from 9 different map styles for the consultation map area • Collect comments and images from responses 36 Required The application must allow mapping of areas of concern. E.g., buildings, land, property. Places tool is an interactive mapping tool that allows you to capture geo-spatial feedback as part of your online consultations. This is a perfect tool for consultations where you would like to investigate community views about a specific location. There are several distinguishing features of EngagementHQ Places that make it a powerful engagement tool to use as part of your next engagement. With Places you can; • Add multiple pin categories to identify feedback on different issues • Restrict feedback to a geographic boundary using our polygon boundary tool • Add multiple layers with information in customiezd colors. • Add shape and line markers to provide additional information on the map • Upload one or more WMS, KML and ESRI shapefile information layers (We don't support ESRI ArcGIS on EngagementHQ) • Create a survey that will 37 appear on each pin drop • Select from 9 different map styles for the consultation map area • Collect comments and images from responses 37 Required The application must allow town administrators to know where participants are located. Map results - we want to know where we're getting participation Places tool is an interactive mapping tool that allows you to capture geo-spatial feedback as part of your online consultations. This is a perfect tool for consultations where you would like to investigate community views about a specific location. 38 Required The application must allow administrative users to create maps of event locations. Map event locations - where are events occurring Included in basic annual platform cost, using the Places tool. Places is an interactive map based tool/is an interactive mapping tool that allows you to capture geo-spatial feedback as part of your online consultations. Places is the perfect tool for consultations where you would like to investigate community views about specific location. 39 Required The application must allow administrators to create maps marking marketing and community outreach locations (e.g., paper survey locations) Included in basic annual platform cost, using the Places tool. Places is an interactive map based tool/is an interactive mapping tool that allows you to capture geo-spatial feedback as part of your online consultations. Places is the perfect tool for consultations where you would like to investigate community views about specific location. 38 INTEGRATIONS 40 Should Have Content from the platform should be searchable from the Town of Oro Valley’s main website search engine Using an embedded project finder on the Town of Oro Valley's main site, we can make project pages from EngagementHQ searchable on your main site. 41 Required The application must allow content from ArcGIS to be embedded on the website The Places tool within EngagementHQ enables you to upload one or more WMS, KML and ESRI shapefile information layers. While we currently do not support a full ESRI ArcGIS integration, as an ESRI Silver Business Partner, we will continue to invest in our ESRI integrations and capabilities. 42 Required The application must allow all project content to be embedded on the website EngagementHQ provides the ability to embed all project content on your primary city website through a project finder tool. 43 Nice to Have The application should allow internal support of all engagement method in one place Whether utilizing one or many engagement tools on a project page, users will be able to view and engage with any engagement methods you have enabled from one location, making the user experience intuitive and simple. 44 Required The application must allow content from YouTube to be embedded on the website EngagementHQ has its own video gallery, but some videos might not be your own or you want to show them somewhere else on your page outside of a video widget. You can do so by embedding links directly from YouTube or Vimeo into the page. 45 Required The application must allow photo galleries to be embedded on the website We provide customized design and branding to align with your brand identity. EngagementHQ is delivered as an "unbranded" website, so that you can customize the design and layout of your site. Apply colors, photo galleries, logo, 39 fonts, banners, and choose a homepage template of your choice, or design your own using homepage manager. 46 Required The application must allow links to Facebook, Instagram, or other social media EngagementHQ provides capacity to include external links such as Agency’s website within site navigation bars accessible from all pages. Additionally the Key Links Information Resource is available within individual projects to link with project specific external websites and information. The custom HTML embed facilitates social media feed embeds. 47 Required The application must integrate social media posts on website (RSS Feed) You can easily share and promote all your content across some of the most popular social media platforms. In addition, you can link your social media accounts to your engagement site via widgets as well as provide links to users to follow your social media accounts. REGULATORY 48 Required The software must be ADA compliant EngagementHQ is compliant with ISO 27001 and WCAG 2.1 AA standards. We conduct regular internal security assessments based on OWASP rating and methodology, as well as monthly vulnerability scans. After monthly scans are conducted, identified vulnerabilities are tracked in a ticketing system and prioritized based on severity, with high risks being patched monthly, moderate risks being patched within three months, and low risks being patched within 180 days. That said, the engineering teams frequently patch all of the severity levels on a monthly basis. 40 For additional information on software updates: please see EngagementHQ change, update, release process | Bang The Table. 49 Should Have The application should allow use of Google Translate You can add Google Translate in the header of your site via the EngagementHQ Marketplace and can choose to align it either on the left or right. If the documents are provided in a format readable by Google Translate (such as HTML), then it usually can be translated. If it is contained in an a different file format like PDF, DOCX, or XLSX, then it will not be able to automatically translate that document for your participants and you are better advised to provide a secondary link to a translated version of the document. 50 Should Have The application should allow use of Google Read Accessibility is crucial to website development to ensure that equal access is given to all information on a site. In the context of EngagementHQ, this means ensuring the public- facing side of EngagementHQ can be navigated and used by people with disabilities, people who are blind or have low vision, and people with dyslexia. Some areas of EngagementHQ that are controlled by site administrators, such as project description and most content in the tools, cannot be made accessible across all sites easily and it remains the responsibility of the managing organization to ensure full accessibility. However for all other areas, in particular, 'hard- coded text, such as submit buttons, default headings, etc. it is our responsibility to ensure 41 full accessibility. This includes the use of screen readers and tool such as Google Read. We run regular audits to ensure EngagementHQ continues to comply with WCAG standards. For access to our latest accessibility audit report contact our support team via chat or email at support@engagementhq.com Request for Proposals (RFP) No. 24004 Online Constituent Engagement Platform for General Plan Creation Addendum No. One (1) Date Issued: June 27, 2023 The referenced document has been modified as per the attached Addendum No. one (1). Please sign this Addendum where designated and return the executed copy with the submission of your Proposal. This amendment is hereby made part of the referenced RFP as though fully set forth therein. Any questions regarding this amendment should be addressed to Cherie Odeski at caodeski@orovalleyaz.gov. DocuSign Envelope ID: CE9E05D9-9DFD-40A8-8346-19AAE4E477D1 TOWN OF ORO VALLEY, PROCUREMENT REQUEST FOR PROPOSALS NO. 24004 11000 N. LA CANADA DRIVE RFP ADDENDUM NO. ONE (1) ORO VALLEY, ARIZONA 85737 PAGE 2 OF 2 CHERIE ODESKI, CPPO, CPPB NIGP-CPP, CHIEF PROCUREMENT OFFICER ISSUE DATE: JUNE 27, 2023 caodeski@orovalleyaz.gov RFP DUE DATE: JULY 17, 2023 AT 2:00 P.M. AZ TIME A SIGNED COPY OF THIS ADDENDUM SHALL BE INCLUDED WITH YOUR PROPOSAL ALL OTHER PROVISIONS OF THE INVITATION FOR BIDS SHALL REMAIN UNCHANGED. OFFEROR HEREBY ACKNOWLEDGES RECEIPT AND UNDERSTANDING OF THIS AMENDMENT Signature Date Company Name Typed Name and Title Address Phone City State Zip THIS REQUEST FOR PROPOSAL IS AMENDED AS FOLLOWS: Online Constituent Engagement Platform for General Plan Creation ITEM NO. 1: SUBMITTAL DUE DATE The Submittal Due Date REMAINS MONDAY, JULY 17, 2023 AT 2:00 PM Local AZ time ITEM NO. 2 Replace RFP Inquires on the first page with: RFP Inquiries All inquiries regarding this solicitation will be directed in writing to: Cherie Odeski, Chief Procurement Officer, caodeski@orovalleyaz.gov. Please include “RFP No. 24004” in the subject line of the email. ITEM NO. 3 The following information is provided as a response to questions submitted: Question: Are we responsible for site implementation only or is content included (programming)? Answer: RFP is for site implementation only. Question: Do proposals need to be postmarked by 7/17/2023 or in hand by 7/17/2023? Answer Proposals must be in possession of the Town on or before the due date and time. Question: Is there an existing site that the Town modeled the requirements after? Answer: No. Question: Do we still need approval to do each of the 50 things from the Town Project Manager? Answer: Final acceptance will be given by the Town Project Manager, Milestones, timeline, implementation, and deliverables should be included in your solution document. Overall acceptance of the project will be given. Question Do you know if you will issue an additional RFP for the creation of the content and outreach to the community for them to use the new program? Answer: Don't know what plans are for content of site. Might be another RFP from communications. (800) 314-0147 Granicus, LLC 408 Saint Peter Street, Suite 600 Saint Paul MN 55102 DocuSign Envelope ID: CE9E05D9-9DFD-40A8-8346-19AAE4E477D1 7/13/2023 Brendan Stierman Manager, Contracts TOWN OF ORO VALLEY, PROCUREMENT REQUEST FOR PROPOSALS NO. 24004 11000 N. LA CANADA DRIVE RFP ADDENDUM NO. ONE (1) ORO VALLEY, ARIZONA 85737 PAGE 2 OF 2 CHERIE ODESKI, CPPO, CPPB NIGP-CPP, CHIEF PROCUREMENT OFFICER ISSUE DATE: JUNE 27, 2023 caodeski@orovalleyaz.gov RFP DUE DATE: JULY 17, 2023 AT 2:00 P.M. AZ TIME A SIGNED COPY OF THIS ADDENDUM SHALL BE INCLUDED WITH YOUR PROPOSAL Question: What is availability requirement? Answer: Describe how you will meet 99.999% uptime with your solution. If your solution does not have a 99.999% uptime service level agreement (SLA), describe your SLA and remedy if the SLA is breeched. Question: What timeline is the Town looking for? Answer: We are on a tight timeline. Would like this live by mid-October. Timeline was set without understanding what would be needed to implement. Include information about why it would be delayed past original ask. Etc. Question: Warranty implies will be handling physical items. Is this the case? Answer: We typically see that the provider warrants that the software will work as advertised. Except as expressly stated herein, the parties make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy of completeness of the services or any content. Parties disclaim all representations or warranties that: (I) The use of the services shall be secure, timely, uninterrupted or error-free, operate in combination with any other hardware, software, system or data; (II) Services or API shall meet your requirements or expectations; (III) Any stored data shall be accurate or reliable; (IV) the quality of any products, services, information, or other material purchased or obtained by you through the services shall meet your requirements or expectations; (V) Errors or defects shall be corrected; (VI) The services or the server(s) that make the services available are free of viruses or other harmful components. The services and all content is provided to you strictly on an “As-Is” basis, all conditions, representations and warranties, whether express implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non- infringement, are disclaimed to the maximum extend permitted by applicable law by the parties. Question: Is a business license required anytime you do business in Oro Valley? Answer: The Town of Oro Valley requires that all persons who conduct or carry on any business within its boundaries must first obtain a license. (Town Code Article 8-2-2). Question: If action is necessary, will business license be obtained after acceptance of proposal? Answer: Yes. Question: Is registration with Public Purchase necessary to submit a proposal? Answer No, but this is the place that will notify you of any changes to the RFP. DocuSign Envelope ID: CE9E05D9-9DFD-40A8-8346-19AAE4E477D1 granicus.com | info@granicus.com 7/5/2023 Town of Oro Valley Oro Valley, Arizona Subject: Exceptions to Online Constituent Engagement Platform for General Plan Creation RFP, #24004 Dear Town of Oro Valley, Thank you for providing us with the opportunity to respond to the Online Constituent Engagement Platform for General Plan Creation (RFP #24004). Granicus’s proposal is submitted based upon a good faith negotiation of mutually agreeable terms and conditions upon award of the RFP #24004. The attached Master Subscription Agreement contains the necessary provisions covering the products and services that comprise Granicus’s proposal, and it is offered for consideration to be the basis for such good faith negotiations. If there is an existing contract between the parties, Granicus is willing to consider utilizing such contract upon award. Additionally, attached is Granicus’s evidence of insurance. Granicus is willing to negotiate any agreeable modifications to the Master Subscription Agreement. We look forward to engaging with you and negotiating the terms and conditions that will form the basis of our future relationship. Sincerely, Attachments: Exhibit A (Master Subscription Agreement); Exhibit B (Evidence of Insurance). Version October 2022 Exhibit A Master Subscription Agreement US/Canada This Master Subscription Agreement (“Agreement”) is effective as of the date last signed below (“Effective Date”) between Client (“Client”) and Granicus, LLC, a Minnesota Limited Liability Company for those Clients residing in the US, and Granicus Canada Holdings, U.L.C., an unlimited liability corporation for those Clients residing in Canada (“Granicus”). 1. Definitions. For the purpose of this Agreement, the following terms have the corresponding definitions: “Content” means any material or data: (i) displayed or published on Client’s website; (ii) provided by Client to Granicus to perform the Services; or (iii) uploaded into Products. “Products” means the online or cloud subscription services, on premise software, and embedded software licensed to Client, and hardware components purchased by Client under this Agreement; “IP Rights” means all current and future worldwide statutory or other proprietary rights, whether registered or unregistered, including but not limited to, moral rights, copyright, trademarks, rights in designs, patents, rights in computer software data base rights, rights in know how, mask work, trade secrets, inventions, domain or company names and any application for the foregoing, including registration rights. “Order” means a binding proposal, written order, or purchasing document setting forth the Products made available to Client pursuant to this Agreement; “Services” means the consulting, integration, installation, and/or implementation services to be performed by Granicus as described in the SOW; “SOW” means a statement of work agreed to by the parties that references this Agreement and describes the Services and Deliverables provided as part of a Services engagement pursuant to the Services provisions set forth in this Agreement; and 2. Intellectual Property Ownership and Use Rights. a) Intellectual Property Ownership. Granicus and its licensors own all IP Rights in the Products. Client and its authorized users have no right, title or interest in the Products other than the license rights expressly granted herein. All rights not expressly granted in the Products are reserved by Granicus or its licensors. b) License to Products. Granicus hereby grants Client a non-exclusive, non-transferable license to access and use the Products identified in the Order during the Term set forth therein. In addition to the terms of this Agreement and the Order, product-specific license terms applicable to certain of the Products can be found at www.Granicus.com/legal/licensing and are hereby incorporated into this Agreement by reference. Granicus reserves all right, title and interest in and to all Granicus Products, including all rights not expressly granted to Client under this Agreement. 2 of 11 c) Third Party Contractors. Client may permit its third-party contractors to access and use the Products solely on behalf of and for the benefit of Client, so long as: (i) such contractor agrees to comply with this Agreement as if it were Client; (ii) Client remains responsible for each contractor's compliance with this Agreement and any breach thereof; and (iii) all volume or transaction-based use of the Products includes use by contractors. All rights granted to any contractor terminate immediately upon conclusion of the Services rendered to Client that give rise to such right. Upon termination of such rights, contractor will immediately cease all use of the Products and uninstall and destroy all confidential or proprietary Granicus information in its possession. Client will certify compliance with this section in writing upon Granicus’ request. d) Data Sources. Client may only upload data related to individuals that originates with or is owned by Client. Client shall not upload data purchased from third parties without Granicus’ prior written consent and list cleansing Services provided by Granicus for an additional fee. Granicus will not sell, use, or disclose any personal information provided by Client for any purpose other than performing Services subject to this Agreement. e) Content. Client can only use Products to share Content that is created by or owned by Client and/or Content for affiliated organizations, provided that use by Client for affiliated organizations is in support only, and not as a primary communication vehicle for such organizations that do not have their own license to the Products. Granicus is not responsible for any Content used, uploaded or migrated by Client or any third party. f) Advertising. Client shall not use Products to promote products or services available for sale through Client or any third party without Granicus’ prior written consent. g) Restrictions. Client shall not: (i) Use or permit any end user to use the Products to store or display adult content, promote illegal or immoral activities, send or store infringing, obscene, threatening or unlawful or tortious material or disrupt others use of the Products, network services or network equipment, including unsolicited advertising or chain letters, propagation of computer worms and viruses, or use of the Products to make unauthorized entry into any other device accessible via the network or Products; (ii) Use the Products as a door or signpost to another server; (iii) Disassemble, decompile, reverse engineer or make derivative works of the Products; (iv) Rent, lease, lend, or host the Products to or for any third party, or disclose the Products to any third party except as otherwise permitted in this Agreement or an Order or SOW; (v) Use the Products in violation of any applicable law, rule, or regulation, including violation of laws regarding the processing, use, or disclosure of personal information, or violation of any United States export control or regulation, United States embargo, or denied or sanctioned parties prohibitions; or (vi) Modify, adapt, or use the Products to develop any software application intended for resale which uses or competes with the Products in whole or in part. 3 of 11 3. Term; Termination. a) Agreement Term. This Agreement begins on the Effective Date and remains in effect for the period set out in the Order (“Initial Term”). Thereafter, this Agreement will continue in effect until all Orders or SOWs have expired or been terminated. b) Order Term. Each Order will be effective on the date set out therein and will remain in effect during the Initial Term identified in such Order. Each Order will automatically renew for twelve (12) month terms (each, a “Renewal Term”) unless either party gives the other party notice of non-renewal at least sixty (60) days prior to the end of the applicable Term of the Order. The Initial Term and all Renewal Terms are collectively, the “Term”. c) SOW Term. Each SOW will begin on the effective date of the SOW and will remain in effect until the Services are completed, this Agreement is terminated, or the termination date set out in the SOW (the “Termination Date”), whichever is later. If no specific Termination Date is designated in the SOW, Client may terminate the SOW upon thirty (30) days written notice to Granicus. d) Termination for Default. Either party may terminate this Agreement or any Order or SOW by written notice if the other party commits a material breach of this Agreement or the applicable Order or SOW and fails to cure such breach within thirty (30) days after receipt of such notice, or an additional period of time as agreed to by the parties. e) Effect of Termination. Upon expiration or termination of an Order or SOW for any reason: (i) Client’s right to access and use the Products will immediately cease (except for perpetual licenses granted under an Order, which will continue to be governed by this Agreement for the duration of the license); (ii) Client will promptly remit any fees due to Granicus under all Orders and SOWs; (iii) Granicus will promptly cease performance of any Services; and (iv) the parties will return or destroy any Confidential Information of the other party in its possession, and certify upon request to the other party of compliance with the foregoing. Client will have thirty (30) days from the expiration date of a subscription to extract or download any Content stored in the Products. Granicus has no obligation to retain any Content after such thirty (30)-day period nor is Granicus responsible for extracting the data on Client’s behalf absent separate written agreement and the payment of additional fees. f) Survival. Sections 4 (Fees, Payment), 9 (Confidentiality), 10 (Indemnification), 11 (Limitation of Liability), 13 (Governing Law) and any other clause that by its nature is intended to survive will survive termination of this Agreement indefinitely or to the extent set out therein. 4. Fees; Payment. a) Fees. Client will pay all fees, costs and other amounts as specified in each Order or SOW. Annual fees are due upfront at the beginning of each annual term. Services fees and one-time fees are due according to the billing frequency specified in each Order or SOW. Granicus may suspend Client’s access to any Products if there is a lapse in payment not remedied promptly upon notice to Client. A lapse in the 4 of 11 Term of each Order or SOW will require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Client’s responsibility to provide applicable exemption certificate(s). b) Payment. Client will remit payment of the fees due within thirty (30) days of receipt of an accurate invoice from Granicus or its authorized reseller, or if Client is subject to different payment terms imposed by applicable regulation, such required payment duration. Any disputed amounts will be identified in writing to Granicus within the payment period or be deemed accurate and payable. With respect to any amount due to Granicus which is not paid within thirty (30) days of an undisputed invoice, Granicus may apply interest at the rate of one and half percent (1.5%) per month, or such lesser amount required by law, assessed from the due date through the date of payment. Client acknowledges and agrees that orders placed by Client for Products and Services will be non-cancellable and the fees paid are non- refundable unless otherwise expressly stated in the Agreement. c) Purchase Orders. Upon request, Granicus will reference a purchase order number on its invoices if Client provides the corresponding purchase order information to Granicus prior to generating the invoice. Client agrees that a failure to provide Granicus with purchase order information will not relieve Client of its obligations to provide payment in accordance with this section. d) Price Changes. Subject to any price schedule or pre-negotiated fees to which this Agreement or an Order may be subject, Granicus will provide notice of any price changes at least ninety (90) days prior to the end of the current Term, which will become effective as of the next Renewal Term. Renewals at the same volume amount will not increase more than ten percent (10%) over the prior year’s fees. Purchases of additional Products will be at Granicus’ then-current price and licenses, subject to volume or transaction metrics, and will be reviewed annually prior to commencement of the Renewal Term, with fees adjusted to cover increases in Client’s use. e) Cooperative Purchasing. To the extent permitted by law the terms of this Agreement may be extended for use by other municipalities, school districts and governmental agencies. Orders and SOWs entered into by such third parties are independent agreements between the third party and Granicus and do not affect this Agreement or any Order or SOW between Granicus and Client. 5. Client Responsibilities. a) Content. Client will be solely responsible for the Content submitted to the Products and will comply with all laws, rules and regulations relating to the use, disclosure and transmission of such Content, including providing such to Granicus. Client represents and warrants it has the legal right to provide the Content to Granicus and that such use or disclosure does not violate the intellectual property, privacy or other legal rights of any third party. Client grants Granicus a limited, non-exclusive right during the Term to access and use the Content to provide the Products and Services. Content does not include user feedback related to the Products or Services, which Granicus is free to use without any further permission or consideration to Client. In addition, Content does not include data generated by use of the Products, including system data and data derived from Content in an aggregated and anonymized form, which may be used by Granicus for any and all business purposes including diagnostics and system and product improvements. b) Data Backup and Protection. Client will maintain a back-up of any data or data files provided to Granicus. For certain Products, Granicus offers functionality that requires subscribers to enable password 5 of 11 protection of subscriber profiles and associated data. Client assumes all responsibility for implementing and enforcing this security functionality in its sole discretion. c) Passwords. Sign-on credentials used to access the Products are non-transferable. Client is responsible for keeping all passwords secure and for all use of the Products through Client’s sign in credentials. d) Cooperation. Client will provide any assistance reasonably required by Granicus to perform the Services, including timely review of plans and schedules for the Services and reasonable access to Client’s offices for Services performed onsite. e) Third-Party Technology. Client will be responsible for securing all licenses for third party technology necessary for Granicus to perform the Services (including the right for Granicus to use such technology) and will be responsible for the performance of any third-party providing goods or services to Client related to the Services, including such third party’s cooperation with Granicus. 6. Support. Basic support and maintenance services provided to Client for Products (“Support”) is included in the fees paid for the Granicus Product subscription or maintenance during the Term and will be provided in accordance with the Service Level Agreement set forth at www.granicus.com/legal/licensing. Granicus may update its Support obligations under this Agreement, so long as the level of Support agreed to by the parties is not materially diminished due to such modification. 7. Representations; Warranties; Disclaimers. a) Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so. b) Warranties: (i) Each party warrants that it has the rights necessary to grant to the other party the licenses granted in this Agreement. (ii) Granicus warrants that it will perform its obligations in a professional and workmanlike manner in accordance with industry standards. (iii) Client’s sole and exclusive remedy and Granicus ’ sole obligation for breach of the warranties in this Section are as follows: (i) for a breach of the warranty in Section 7.b.(i), the indemnity in Section 10 of this Agreement; and (ii) for a breach of the warranty in Section 7.b.(ii) reperformance of the non-conforming Services, provided that Client notifies Granicus of a non-conformity in this Section during the thirty (30) day period following Granicus’ completion of the applicable Services. c) Disclaimers. EXCEPT AS EXPRESSLY STATED IN THIS THIS SECTION, THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND GRANICUS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANT THAT 6 of 11 PRODUCTS OR SERVICES WILL MEET CLIENT’S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. 8. Services. a) Granicus will perform Services in accordance with this Agreement and the SOW. Granicus is not obligated to provide any Services unless set out in the SOW. Unless otherwise set out in the SOW or as agreed to by the parties the Services will be performed remotely. Any estimates provided in the SOW, including expected hours to complete the Services and any timeline provided by Granicus, are based on known functional requirements and technical environments as of the effective date of the SOW. Changes or delays in the work schedule originating with Client are subject to the project change procedure and may result in an increase in fees. b) Granicus grants Client a non-exclusive, non-transferable, royalty-free, perpetual license to use the Deliverables on behalf of and for the benefit of Client independently and with the Products. Granicus retains all right, title and interest to the Deliverables except for those rights expressly granted to Client and reserves all rights not otherwise expressly granted herein. Deliverables and Services are deemed accepted upon delivery unless otherwise set forth in a SOW. “Deliverable(s)” means any computer software, written documentation, reports or materials developed by Granicus specifically for Client pursuant to a SOW; c) Any modifications to the Services must be in writing and signed by authorized representatives of each party. Granicus personnel performing Services at Client’s offices will comply with Client’s policies and procedures in effect at such location. d) If agreed to by the Parties in the SOW, Client will also pay for all reasonable travel-related and out-of-pocket expenses incurred by Granicus in the performance of the Services in accordance with Client’s travel and expense policy which will be provided to Granicus in writing (or Granicus’ policy if none is provided by Client) and which will be billed monthly and due thirty (30) days following date of invoice. 9. Confidentiality. During performance of the Services, each party may receive Confidential Information of the other party. a) “Confidential Information” means all confidential and/or trade secret information of either party (“Disclosing Party”), including but not limited to: (i) Granicus’ Products; (ii) non-public information if it is clearly and conspicuously marked as “confidential” or with a similar designation at the time of disclosure; (iii) non-public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication; and (iv) any information that should be reasonably understood to be confidential or proprietary given the nature of the information and the context in which disclosed, in each case that is disclosed to the other party (“Receiving Party”) or to which the Receiving Party gains access in connection with performance of the Services. b) Subject to freedom of information, government transparency, or similar applicable law, each Receiving Party will receive and hold any Confidential Information in strict confidence and will: (i) protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; (ii) not reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (iii) not use any Confidential Information for any purpose other than in performance of this Agreement; (iv) restrict access to Confidential Information to those of 7 of 11 its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (v) exercise at least the same standard of care and security to protect the confidentiality of the Confidential Information received by it as it protects its own confidential information, but no less than a reasonable degree of care. c) If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance, unless such notification is prohibited by law or judicial order. d) The foregoing obligations do not apply to information that: (i) is already public or becomes available to the public through no breach of this section; (ii) was in the Receiving Party’s lawful possession before receipt from the Disclosing Party; (iii) is lawfully received independently from a third party who is not bound by a confidentiality obligation; or (iv) is independently developed by or on behalf of the Receiving Party without use of any Confidential Information. e) Upon written request of the Disclosing Party, the Receiving Party agrees to promptly return or destroy all Confidential Information in its possession, and certify its destruction in writing, provided that the Receiving Party may retain a copy of the returned or destroyed items for archival purposes in accordance with its records retention policies and subject to this section. f) Disclosing Party may be irreparably damaged if the obligations under this section are not enforced and as such may not have an adequate remedy in the event of a breach by Receiving Party of its obligations hereunder. The parties agree, therefore, that Disclosing Party is entitled to seek, in addition to other available remedies, an injunction restraining any actual, threatened or further breaches of the Receiving Party’s obligations under this section or any other appropriate equitable order or decree. 10. Indemnification. a) Granicus will defend, indemnify and hold Client harmless from and against all losses, liabilities, damages and expenses including reasonable attorney fees (collectively, “Losses”) arising from any claim or suit by an unaffiliated third party that the Products or Deliverables, as delivered to Client and when used in accordance with this Agreement and the applicable Order or SOW, infringes a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW (a “Claim”). b) To the extent permitted by applicable law, Granicus will have control of the defense and reserves the right to settle any Claim. Client must notify Granicus promptly of any Claim and provide reasonable cooperation to Granicus, upon Granicus’ request and at Granicus’ cost, to defend such Claim. Granicus will not agree to any settlement which requires acknowledgment of fault or an incurred liability on the part of an indemnified party not otherwise covered by this indemnification without indemnified party’s prior consent. Client may elect to participate in the defense of any claim with counsel of its choosing at its own expense. c) If the Products or Deliverables are subject to a claim of infringement or misappropriation, or if Granicus reasonably believes the Products or Deliverables may be subject to such a Claim, Granicus 8 of 11 reserves the right, in its sole discretion, to: (i) replace the affected Products or Deliverable with non- infringing functional equivalents; (ii) modify the affected Products or Deliverable to render it non- infringing; or (iii) terminate this Agreement or the applicable Order or SOW with respect to the affected Granicus Product or Deliverable and refund to Client any prepaid fees for the then-remaining portion of the Order or SOW Term. d) Granicus will have no obligation to indemnify, defend, or hold Client harmless from any Claim to the extent it is based upon: (i) a modification to the Granicus Product or Deliverable by anyone other than Granicus; (ii) a modification made by Granicus pursuant to Client’s required instructions or specifications or in reliance on materials or information provided by Client; (iii) combination with the Products or Deliverable with non-Granicus software or data; or (iv) Client’s (or any authorized user of Client) use of any Products or Deliverables other than in accordance with this Agreement. e) This section sets forth Client’s sole and exclusive remedy, and Granicus’ entire liability, for any Claim that the Products, Deliverables or any other materials provided by Granicus violate or infringe upon the rights of any third party. 11. Limitation of Liability. a) EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE FOR ANY: (I) SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; OR (II) LOSS OR DAMAGE TO DATA, LOST PROFITS, SALES, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS, WHETHER AN ACTION IS IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. b) IN NO EVENT, EXCEPT FOR CLIENT’S OBLIGATIONS TO PAY AMOUNTS DUE UNDER THE ORDER OR SOW, OR GRANICUS’ INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 10 (INDEMNIFICATION), WILL EITHER PARTY’S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT (IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE) EXCEED THE AMOUNT OF FEES PAID BY CLIENT TO GRANICUS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM. HOWEVER, IF CLIENT HAS PAID NO FEES UNDER THE TERMS OF AN ORDER IN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE INCIDENT GIVING RISE TO THE CLAIM, THE AGGREGATE LIABILITY OF GRANICUS TO CUSTOMER FOR SUCH CLAIM SHALL NOT EXCEED FIVE THOUSDAND DOLLARS ($5,000). 12. General. a) Force Majeure. With the exception of payment obligations, any delay in the performance by either party of its obligations hereunder will be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within twenty (20) days after occurrence of such cause or event. b) Independent Contractor. Each party is an independent contractor and employees of each party are not considered to be employees of the other party. No agency, partnership, joint venture or other 9 of 11 joint relationship is created by this Agreement. The parties shall not make any commitments binding on the other or make any representation that they are acting for, or on behalf of, the other. Each party assumes full responsibility for the actions of its personnel while performing the Services and such party will be solely responsible for the supervision, daily direction, control of its personnel, and for the payment of all of their compensation and any taxes related thereto. c) Publicity. Neither party will use the name of the other party in publicity releases or similar activity without the consent of the other party, except Granicus may include Client’s name and logo in client lists and similar communications. d) Waiver. No waiver of any breach of any provision of this Agreement or the SOW by either party or the failure of either party to insist on the exact performance of any provision of this Agreement or the SOW will constitute a waiver of any prior, concurrent or subsequent breach of performance of the same or any other provisions hereof, and no waiver will be effective unless made in writing. e) Notices. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals hereunder will be in writing and will be deemed to have been given upon: (i) personal delivery; (ii) the day of receipt, as shown in the applicable carrier’s systems, if sent via FedEx, UPS, DHL, or other nationally recognized express carrier; (iii) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or (iv) sending by email, with confirmed receipt from the receiving party. Either Party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that Party will be deemed to have been amended. The mailing and email addresses of the Parties are as follows: Granicus Client Contracts ATTN: 408 St. Peter Street, Suite 600 Saint Paul, MN 55102 Address: (651) 757-4154 Phone: contracts@granicus.com Email: f) Severability. If any provision of this Agreement, Order, or SOW, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of the Agreement, Order or SOW will remain in full force and effect. g) Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided that either Party may assign this Agreement with reasonable notice to the other party to an affiliate or to a successor in interest resulting from acquisition of all, or substantially all, of the assigning party’s business by means of merger, stock or asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement will be null and void. h) Amendment. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties. 10 of 11 i) Applicable Law. Each party will, at all times, exercise its rights and perform its obligations under this Agreement in compliance with all applicable law, rules, and regulations. j) Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor will they be construed to modify, define, limit, or expand the intent of the Parties. k) No Third-Party Beneficiaries. This Agreement is binding upon and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third-party beneficiaries to this Agreement. 13. Governing Law. If Client is a public entity (a state or any agency or authority thereof, or county, city or town, public educational institution or other entity that serves a public purpose), this Agreement will be governed by and construed in accordance with the laws of the state in which the public entity is located, with venue being a court of competent jurisdiction within such state. If Client is the Federal government of the United States or any branch or agency thereof, this Agreement will be governed by the laws of the United States with venue being any Federal district court of competent jurisdiction. If Client is a private or commercial entity, this Agreement will be governed by the laws of the state of New York, without reference to the state’s conflict of law principles, with exclusive jurisdiction of the state and federal courts located in the borough of Manhattan, New York, New York. If Client is located in Canada, this Agreement will be governed by the laws of the Province of Ontario with suit brought only in the General Division of the Ontario Court of Justice. No applicable principals of conflicts of laws, imputed terms of the Uniform Commercial Code, or the United Nations Convention on contracts for the international sale of goods will apply to this Agreement. 14. Entire Agreement. This Agreement and Orders and SOWs governed by this Agreement constitutes the entire agreement between Granicus and Client, and supersedes all prior agreements, requests for proposals or pricing and the corresponding responses, understandings, representations or correspondence relevant to the subject matter hereof. Perpetual licenses granted to Client under prior agreements remain in full force and effect. Inconsistencies between documents will be resolved in the following order: (I) this Agreement; (ii) Orders and SOWs; (iii) all other purchase documents executed by the parties (except for any pre-printed or standard terms contained on purchase orders which shall have no force or effect); (iv) Granicus’ response to Client’s RFI, RFP, RFQ; and (v) Client’s RFI, RFP, RFQ. If Client issues a purchase order, Granicus hereby rejects any additional or conflicting terms appearing on the purchase order or any other ordering materials submitted by Client. Client has not been induced to enter into this Agreement or the SOW by any representations or promises not specifically stated herein. 11 of 11 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly- authorized representatives on the Effective Date set forth below. Granicus Client By: By: (Authorized Signature) (Authorized Signature) Name: Name: (Print or Type Name of Signatory) (Print or Type Name of Signatory) Title: Title: Date: Date: EXHIBIT B