HomeMy WebLinkAboutAgreement_General_05/22/2018_Just FOIA Prepared For:
Tequesta, FL
Presented By:
Brian Meseroll
justFOIA
Records Request Solution
Issued: May 17, 2018
-1-*Ic C i
iofcci
CORPORATE OFFICE BRIAN MESEROLL
Sales Department Sales Associate
P.O.Box 2235•Tallahassee,Florida 32316
(850)701-0725 ext. 1521
Phone(800)342-2633•Fax(850)564-7496 bmeseroll@mccinnovations.com
May 17,2018
Mr. Brad Gomberg
City of Tequesta
345 Tequesta Drive
Tequesta, FL 33469
Dear Mr.Gomberg:
I enjoyed speaking with you recently regarding our JustFOIA Open Records Request Tracking Solution.
Pursuant to our discussion,we are pleased to enclose our Professional Services Proposal.While reviewing
the proposal,please keep in mind the following features included with your JustFOIA subscription:
■ Hosted Solution:JustFOIA is an affordable hosted solution.The application and associated data is hosted in the
same secure data centers Municode uses to house data for several thousand government clients.This ensures a
minimal IT impact for our clients.
■ Unlimited Users:No matter the number of people you have as part of your process,JustFOIA allows for
unlimited users at no additional charge.
• Unlimited Data:No database size limitations.
• Training.MCO offers user training along with administrative training as part of your new JustFOIA subscription.
• JustFOIA Focus Group:All of our clients are invited to participate in our ongoing)ustFOIA Focus Group.A
periodic meeting to review product development,solicit new ideas and share best demonstrated practices
amongst other users from around the country.
■ Enterprise Capability:JustFOIA offers options for managing a specific Department's Open Records Requests
and can also be expanded to the Enterprise level.
Why invest in JustFOIA?We are confident that with the help of JustFOIX you will experience:
■ Improved Citizen Engagement and Transparency:Online form,along with automated receipt verification
improves the requester experience.
• Improved Efficiency:With enhanced communication,automated notifications and reminders,fee tracking and
management,request searching,reporting and improved work flow.Your records request process will be more
efficient than ever.
■ Mitigated Risk:Automated request tracking,activity and deadline management will help mitigate the risk of
non-compliance.
If you have any questions concerning our proposal or desire additional information, please do not hesitate
to contact me on our toll-free number.We appreciate your interest and hope that we will have the pleasure
of working with you.
Sincerely,
Brian Meseroll
Sales Associate
MCCi I Page 2 of 8
EXECUTIVE SUMMARY
COMPANY HISTORY
MCCi, a subsidiary of Municipal Code Corporation (The nation's leading codifier for local government), has
been providing Electronic Records Management Solutions to its clients since 1998.With a client base of
over 740 government agencies and satellite offices across the country,we are striving to be the leading
Electronic Records Management provider in the United States.
In 2013,MCCi put together a customer focus group and collaborative initiative to develop a better method
of recording,tracking,and fulfilling Open Records Requests.The result was a hosted and affordable
solution on the most user-friendly platform:JustFOIA.
f USTF01A PRICING
To determine which services and products are included with your project please refer to the Pricing Section
below.
Existing
Customer
Subscription Annual Expense Cost Cost Total
JustFOIA Population Tier 1-Up to 30k $2,500 $2,250 $2,250
Payment Portal $375 $338 $338
Laserfiche Integration $500 $450 $450
Setup and Training: One time Expense —
Basic*Up to 2 Business Processes,Security Configuration for Up to 25 Staff
Members,Up to 3 hours of Remote User and Administrative training,and
Configuration of 1 email template $1,250 $1,125 $1,125
Online Payment Portal Setup,Configuring and testing of integration with
Authorize.net $250 $225 $225
Laserfiche Integration Configuration,Installation and configuration of JustFOlA plugin
for Laserfiche."Train the installer",up to 2 hours of remote assistance $500 $450 $450
Business Process Forms Configuration *Up to 3 Business Processes $750.00 $675 $675
One Time MCCi Discount ($67S.00)
Total Project Cost 54
For budgetary purposes,the Client should include$3,038.00 in annual budget for
renewal of the items quoted above.
PAYMENT&BILLING TERMS
MCCi will invoice one hundred percent(100%)of the subscription amount upon providing the Client online
access to the JustFOIA service. Balance of total project will be invoiced upon completion of the proposed
professional services.Sales Tax will be included where applicable. Payment will be due upon receipt of an
invoice.The Client's annual subscription renewal date is set based on 30 days after contract is received.
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JUSTFOIA ADD-ONS
ADOBE ACROBAT PRO PLUGIN
With the Adobe Acrobat Pro Plugin,you can easily upload documents you are working on in Adobe to a
specific)ustFOIA request. Use Adobe to create and edit documents,as well as to apply redactions and
other features available in the Adobe software.When you are ready,you simply click on the JustFOIA
button in the menu bar and uploading that document to JustFOIA is as easy as picking the request
number. In order to utilize this plugin,your organization will need to have Acrobat Pro available to the
user.
LASERFICHE INTEGRATION
Our Laserfiche integration makes it easy to leverage the power of Laserfiche to help fulfill records
requests. Do all of your searching,editing,and redaction in Laserfiche.Then with a click of the JustFOIA
menu button send selected documents directly into the response documents of the specific JustFOIA
request you choose.This integration makes it more seamless to use Laserfiche and JustFOIA together to
complete records requests. In order to utilize this integration,each user will need a full Laserfiche license.
PAYMENT PORTAL
This feature requires an account with Authorize.net,which is the third-party payment processor for this
integration.Authorize.net handles all monetary transactions and sensitive credit card data.JustFOIA
integrates with Authorize.net to give you the ability to collect payments from requestors online.The
requestor goes to your site and enters in the request number/security key and is able to see any fees that
they owe. If they owe fees,they are able to pay through a secure authorize.net site.Once they pay,you can
make their request documents available for immediate download.
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JUSTFOIA IMPLEMENTATION
REMOTE CONFIGURATION-Configuration services are provided remotely.As part of the standard
configuration services MCCi will work with the client to configure up to two records request intake
processes, unlimited users, as well as the departments,and security rights.The configuration of all forms
and processes are to be completed as part of the initial project; if the client desires to take advantage of
configuring a second process,it must be done as part of the initial configuration services and prior to
training.Subsequent form/process configurations and users will be configured by the client, or the client
may contract with MCCi for additional services.
REMOTE TRAINING-JustFOIA is a simple and easy to use solution,therefore all training is provided remotely.
One remote user training session is included for each form process that is being configured. In addition,
one administrative training is included for the organization.All training is conducted in a train the trainer
format. Onsite live training can be conducted at a negotiated rate.
JuSTFOIA LICENSING AND FEATURES-JustFOIA is an open records request tracking solution. It allows you to
record,track,fulfill,and report on the records request process. Below are the feature sets offered:
■ Public Facing Form Site-Online public request form accessible through client's website.
■ Email Notifications-Status and department updates,automated reminders as well as daily digest
and alert notifications.
■ Correspondence-Emails can be generated within the system and tracked under the specific request.
Emails can be custom created or through pre-configured templates. In addition, other forms of
correspondence related to a request can be tracked(phone calls,letters or in person conversations).
• Fee Tracking-Track fees,due dates,and payments.
• On-Premise Archival-Export capabilities for archiving record request data locally.
• Proactive Status Reporting-Dashboard interface allows for immediate status update.
■ Performance Metric Reports- Measure processing times by request type, department or user.
■ Global Reporting- Measure performance for all departments and request types.
■ Configurable Intake Form-Client branded intake form that can be configured remotely or locally.
■ Mobile compatible-Compatible with most cellular devices.
• Public Portal-Requesters can track their request through a secured private portal. Status updates,
invoices and request documents can all be provided for the requester.
• Payment Portal(Optional)-Requestors can view or print the invoice and make partial or whole
payments.This feature requires an account with Authorize.net,which is the third-party payment
processor for this integration.Authorize.net handles all monetary transactions and sensitive credit
card data.
HARDWARE/SOFTWARE REQUIREMENTS
JustFOIA is a completely web-based hosted solution and therefore has no server-side hardware
components. End-user access is provided through a web interface,which means no client-side software is
required.We test and support the following browsers:Microsoft®Internet Explorer®version 10 or higher;
Google Chromelm, most recent stable version; Mozilla®FirefoxO,most recent stable version;Apple®
Safari®most recent stable version.
MCCi I Page 5 of 8
MCCI SUPPORT
When you become a client of MCCI,you gain much more than just a new product.You gain a relationship
between our staff and your organization to make your product implementation successful and the usage
of your product an enjoyable experience.In order to make this possible, MCCi offers both proactive and
technical support.
PROACTIVE SUPPORT
You will have already worked with your Account Executive in the pre-project phase and they will continue
to support you.They will assist in pre-implementation processes and be a resource for you for questions
and answer and be in touch throughout the year to discuss optimal system usage and ensure client
satisfaction.
TECHNICAL SUPPORT
Your continued subscription to JustFOIA helps preserve your investment and extend the benefits of your
original purchase by providing you access to the assistance needed.You have access to a toll-free line to
call for technical support or submit tickets online through our support center.You receive the following
benefits:
■ Free software updates for your current solution
• Periodic User webinars
• Embedded System Help Files
■ Technical bulletins and newsletters
• Email/Phone Support(see below)
MCCI does provide continued technical support for all MCCI applications.Technical support is provided via
email or telephone during normal business hours of 8:00 a.m.to 8:00 p.m. Eastern Time.Clients can
designate several individuals who are to be the technical support contacts.There is no limit on the number
of technical support calls that can be made.Customers may contact MCCI support via the online support
center,email(support@mccinnovations.com),or telephone(866-942-0464).
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MCCI,a Limited Liability Company,which is duly organized and existing under the laws of the State of Florida,hereinafter referred to as MCCI,hereby offers the JustFOIA solution according to
the following terms and conditions.
JUSTFOIA SUBSCRIPTION
MCC Is the developer and hosting provider for JustFOIA.An active subscription is required to access the solution The official subscription date is established on the date MCC[grants initial
access to JustFOIA.Adjustments in annual subscription rates may be made to couxlde with current U.S.inflation rates—any Increase will no exceed the cumulative increase in the Consumer
Price Index(CPI)occurring since the last price increase.
JUSTFOIA 15 AVAB-48U"AS•S'
Though we want to provide a great service,there are certain things about the service we cannot promise.For example,the services and software are provided'as is`,at your own risk,without
express or implied warranty or condition of any kind.We also disclaim any warranties of merchantability or fitness for a particular purpose.JustFOIA will have no responsibility for any harm to
your computer system,loss or corruption of data,or other harm that results from your access to or use of the Services or Software.Some states do not allow the types of disclaimers in this
paragraph,so they may not apply to you.
UNITED UABILT'
Notwithstanding anything in this Agreement to the contrary,N CO's total liability to the Chem for any and all claims,damages,or liability or"out of or related in any way to this agreement or the
Products or services being Provided by MCC to Client shall be strictly limited to the project fees paid to MCO by the Chem for the Preceding 12-month period immediately,preceding the event giving rise to
the claim by the Client,and shall also be limited to the fees paid to JACCI for the particular service/product that Lie Client's claim was caused by or arose out of.
Due to the intended use of JustFOIA being focused on"Open Records"Requeza,MCC assumes that only public and non-confidential data will be uploaded to the solution,and the fug terms of Use are
accessible on the home page of the JustFOIA solution.
INDEMNIFICATION
R MCC or our affiliates(owners or partners).or any dour or thew respective employees,agents,o suppliers(the Indermi is faced with a legal dais by a third-party arising out of your actual or
alleged gross negligence,wilful misconduct,violation of law,failure to meet the security obligations required by the Agreement,orviolation of your agreement with your customers or end users,then you
will pry the cost of defending the claim(including reasonable attorney fees)and any damages award,Bane or other amount that is imposed on the Inclemnitees as a result of the claim your obligations
under this subsection include claims arising out of the acts or omission;of your employees or agents,any odor person to whom you have given access to the Services,and arty person who gains access to
the Services as a result of your failure to use reasonable security precautions,even if the acts or omissions of such persons were not authorized by you.you must also pay reasonable attorney fees and
other expenses we incur in connection with any dispute between persons having a conflicting claim to control your account with us or arising from an actual a alleged breads of your obligations to them.
FORCE MAIEURE
Neither party shall be liable for arty delay or fa[lae on performance due to causes beyond its reasonable control.
CLIENT FINANCIAL SOLVENCY/BANKRUPTCY
MCCi may require payment in advance for products and services in response to learning of financial solvency or bankruptcy issues.
NO HIRE CLAUSE
Client and MCC agree that during the period that this agreement is in force,including extensions or modifications thereto,and for an additional 12 months following this period,neither Client
nor MCCI will actively recruit or solicit employees or Independent contractors of either company,or the employees of any of the other Subcontractors;who are on active payroll status and are
currently participating in this Program,without the prior written approval of the parry whose employee or independent contractor's being considered for employment.This does not prohibit
any employee from responding to or pursuing employment opportunities through normal media channels,i.e.newspapers,professional journals,etc.so long as it is not related to this
particular program and that it is not an attempt to avoid the intent of the above restriction.
if,during the tern of,or within(12)months after the termination o1 the performance period of this agreement,client films directly,or indirectly contracts with any of MCCr's personnel for the
performance of systems engineering and/or related services hereunder,client agrees to pay MCCI 125%of the fees paid to,or in favor of such personnel for one(1)year after such personnel
separates from service with MCCI.
TERMINATION
The services provided in this agreement will be in full force and effect for a period of three(3)years from the date of shipment of the completed product to the organization.Thereafter,this
agreement will be automatically renewed from year to year,provided that either party may alter or cancel the terms of this agreement upon sixty(60)days'written notice.
USE OF BASECAMP
Through the course of this project,MCCI may choose to utilize the third-party service Basecamp(http:;rwww oasecampcom)for project management and team collaboration.Documentation
and correspondence exchanged between MCCI and The Client may be stored in Basecamp.The Client acknowledges that Basecamp is responsible for secure storage of this documentation,
and agrees that Baseomp's security guidelines located at https.lfbasecamp corn/securty are acceptable for the storage of The Client's data and correspondence exchanged with MCCI.
PROFESSIONAL SERVICES RESCHEDULING/CANCELLATIONS
Travel Expenses:If the client camels or reschedules an installation after MCCI has made travel arrangements,travel expenses may be incurred due to circumstances such as non-refundable
airline tickets,hotel reservations,rental cars,etc.
Site Preparation:The Client site should be ready for installation according to specifications outlined within the Hardware section.if site is not prepared and results in cancellation,delays,or
rescheduling of an Installation after MCCI has made travel arrangements,the client may incur expenses due to circumstances such as non-refundable airline tickets,training/install charges,
hotel reservations,rental cars,etc.
Project Delays:Requests made by the client to cancel/reschedule delivery of services will cause a delay in delivery of the services and the overall project.The client understands that MCC will
have to respect the timelines of other scheduled projects when rescheduling services due to a request made by the client.
OTHER CONTENT
The Services may contain links to third-party websRes or resources.JustFOIA does not endorse and is not responsible or liable for third-party website availability,accuracy,the related content,
products,or services.You are solely responsible for your use of any such websites or resources.
MARKETING•REFERENCES
Client agrees to allow MCCI to publish and publicize testimonials and case study information pertaining to MCO's work with the Client.This information,including the Client's organization
name,logo,and contact information will be used in all media types.
MCO SOFTWARE CONFIGURATION SERVICES
The customer may elect to contract with MCCI to configure the software.The customer is responsible for testing all software configurations completed by MCCI.By acknowledging this testing
requirement the customer waives any and all liability to MCCI for any fees,damages,etc.,that could be related to software configurations.
MCCI I Page 7 of 8
DocuSign Envelope ID:2284C30B-D11D-487C-87C3-8D3F38741B59
The terms of this agreement shall remain in force and effect for a period of ninety(90)days from the
date appearing below,unless accepted by the Client.
Submitted by: MW,a Limited liability Company
Date: May 17,2018
nDocuSi9ned by:
(Signature)
Donny Barstow President
(Printed Name&Title)
Noted Items Accepted by: TEQUESTA,FL
Date:
By:
(Signature,
{
?u " E u zZo
(Printed Name&T'
MW Page 8 of 9