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CAG2021-215 - Original - Bang the Table USA, Inc. - Web-Based Public Outreach Platform - 04/29/2021
ApprovalOriginator:Department: Date Sent:Date Required: Authorized to Sign: Director or Designee Mayor Date of Council Approval: Grant? Yes No Type:Review/Signatures/RoutingDate Received by City Attorney: Comments: Date Routed to the Mayor’s Office: Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category: Vendor Number:Sub-Category: Project Name: Project Details: Agreement Amount: Start Date: Basis for Selection of Contractor: Termination Date: Local Business? Yes No* Business License Verification: Yes In-Process Exempt (KCC 5.01.045) If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace. Notice required prior to disclosure? Yes No Contract Number: Agreement Routing Form For Approvals, Signatures and Records Management This form combines & replaces the Request for Mayor’s Signature and Contract Cover Sheet forms. Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20 Budget Account Number: Budget? Yes No Dir Asst: Sup/Mgr: rev. 20210218 FOR CITY OF KENT OFFICIAL USE ONLY (Optional) * Memo to Mayor must be attached N/A N/A 4 N/A 4 Other P20000 Contract 04/26/2021 Bang The Table LLC Original2434139 Parks, Recreation & Community ServicesLynn Osborn for Kerry O'Connor $10,000.000 1 year initial subscription 4 Earliest possible please N/A April 2021 4 4 4 TJ TJ 03/05/2021 AGREEMENT FOR SOFTWARE AS A SERVICE Page 1 AGREEMENT FOR SOFTWARE AS A SERVICE This Software as a Service (SAAS) Agreement (Agreement) is between the City of Kent (City), a Washington Municipal Corporation located at 220 Fourth Avenue South, Kent, WA 98032 and Bang the Table USA, LLC (Vendor), organized under the laws of the State of Delaware with its principal place of business at 2400 Spruce Street, Suite 201, Boulder, CO 80302, effective on the last date signed below. This Agreement is to provide community engagement software, hereby referred to as EngagementHQ, and training and support services, hereby referred to as EngagementIQ, as ordered. 1.Grant of License to Access and Use Service. For the term of this Agreement including any renewals, Vendor hereby grants to City, including to all its Authorized Users, a non-exclusive, non-sublicensable, non-assignable, royalty -free, and worldwide license to access and use the EngagementHQ and EngagementIQ (the "Service") for City’s non-c ommercial government operations as further described in the attached and incorporated Exhibit A, Scope of Work. City shall refrain from taking any steps such as reverse assembly or reverse compilation, to derive a source code equivalent to the Services as further described in Section 9.3. Vendor upgrades its software on a continuous basis and, while striving to minimize the impact on the customer of any upgrades. Vendor will not change the public facing appearance of the City’s site without permission, However, Vendor reserves the right to make necessary changes or modifications to the Service. 2.Term. The initial term of this Agreement shall be 1 year (Initial Term). Any reference in this Agreement to “days” shall mean “calendar days” unless a different meaning is expressly stated. 3.Subscription Fees/Taxes. 3.1 Subscription Fee. Subscription fees and payment terms for the Services are set forth in the attached and incorporated Exhibit B. 3.2 Undisputed Fees. Undisputed invoices shall be due and payable within 30 days of invoice receipt. City shall notify Vendor in writing of any disputed amount within 15 business days of appropriate receipt of the applicable invoice. Portions of invoices that are subject to a good faith billing dispute shall not be considered delinquent for purposes of this Agreement. Disputed billings are subject to Section 16, Dispute Resolution. 3.3. Taxes. All contract amounts shall be inclusive of sales or other applicable taxes, and invoices shall include all tax obligations stated separately from the contract amounts. City shall pay all applicable sales, use, value added or similar taxes to Vendor and Vendor shall remit all such taxes, if imposed by local and/or state authorities on all software, and other taxable goods and services procured by the City under this Agreement. 3.4 Card Payment Program. The Vendor may elect to participate in automated credit card payments provided for by the City and its financial institution. This Program is provided as an alternative to payment by check and is available for the convenience of the Vendor. If the Vendor voluntarily participates in this Program, the Vendor will be solely responsible for any fees imposed by financial institutions or credit card companies. The Vendor shall not charge those fees back to the City. 4.System Availability and Support Services. Services shall be available to City along with support services as described in the attached and incorporated Exhibit C. AGREEMENT FOR SOFTWARE AS A SERVICE Page 2 5. Representation and Warranties. 5.1 Mutual Representations and Warranties. Each Party represents and warrants to the other Party that (a) such Party has the required power and authority to enter into this Agreement and to perform its obligations hereunder, and shall have obtained and maintain all licenses, permits and certifications required for such Party in connection with the performance of such Services; (b) the execution of this Agreement and performance of its obligations hereunder do not and will not violate any other agreement to which it is a party; and (c) this Agreement constitutes a legal, valid and binding obligation when signed by both Parties. 5.2 Vendor Warranties and Representations. Vendor represents and warrants that the Services will be performed in a professional and workmanlike manner, consistent with applicable industry standards and the corresponding specifications set forth in the applicable Statement of Work and Service Level commitments. a. Deliverables. Vendor represents and warrants that each deliverable shall meet and conform to its applicable specifications as provided herein following its acceptance and during the Term. Vendor also represents and warrants that the Service, in whole and in part, shall operate in accordance with the applicable approved configuration documentation, and this Agreement. b. Services. Vendor represents and warrants that (a) it shall perform all Services required pursuant to this Agreement in a professional manner, with high quality, (b) it shall give due priority to the performance of the Services, and (c) time shall be of the essence in connection with performance of the Services. c. Title Warranty and Warranty against Infringement. Vendor hereby warrants and represents that Vendor own all rights, title and interest, including all related intellectual property rights, in and to the Services, Vendor content, platform, and technology, including all enhancements, modifications or derivative works to the foregoing, as well as any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by the Customer or any other party relating to the Services without violating any rights of any third party worldwide. Vendor’s name, logo, and the product names associated with the Services are trademarks of Vendor or third parties. Vendor represents and warrants that (i) Vendor is not aware of any claim, investigation, litigation, action, suit or administrative or judicial proceeding pending or threatened based on claims that Vendor’s Services or SAAS infringe or misappropriate any patents, copyrights, trade secrets or other intellectual property rights of any third party, and (ii) Vendor’s Services and SAAS do not knowingly infringe upon or misappropriate any patents, copyrights, trade secrets or any other intellectual property rights of any third party. d. Maintenance Services Warranty. Vendor warrants that, in performing the services under the Agreement, Vendor shall substantially and materially comply with the descriptions and representations as to the services, including performing capabilities, accuracy, completeness, characteristics, Statement of Work, configurations, standards, function and requirements, which appear in this Agreement. Errors or omissions committed by Vendor in the course of providing the SAAS and Services shall be remedied as set forth herein. e. Warranty of Compliance with Applicable Law . Vendor warrants the SAAS and Services shall comply with all applicable federal, State and local laws, regulations, codes and ordinances to which it is subject. Vendor warrants that, throughout the Term of this Agreement, including any renewals, the SAAS, and Services, shall comply with changes to and new applicable federal, state, and local laws, regulations, codes, and ordinances to which it is subject. Vendor represents and warrants that it shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary in the performance of the AGREEMENT FOR SOFTWARE AS A SERVICE Page 3 Services. f. Warranty of SAAS and Services. General Responsibilities. Vendor warrants the SAAS and Services for the term of this Agreement. Vendor shall provide Warranty Services as described in this Agreement at no additional cost to correct deficiencies in the SAAS and Services and to repair and maintain the SAAS and Services in accordance with the specifications, subject to the Service Level Agreement. Vendor’s Warranty Service responsibilities shall include, but not be limited to the following: i Vendor shall promptly and diligently perform and reperform Services which are not in compliance with documentation/specifications, representations and warranties at no additional cost to the City; ii Maintain the SAAS and Services in accordance with the Specifications terms of this Agreement and meet all availability and system performance service levels as specified in the Statement of Work and/or Service Level Agreement (SLA). In the event the Service requires failover activities, then Vendor shall be responsible for continuance of the SAAS and the City shall not be subject to additional costs unless otherwise specified in this Agreement. iii Promptly coordinate with the City all tasks related to correcting problems and deficiencies connected with the Software. iv Not disable any City software. v If Vendor and/or City reasonably determines that Vendor is unable to remedy such deficiencies, Vendor or City may terminate the Agreement and Vendor shall refund to City the Fees previously paid by City to Vendor for the unused term of this Agreement and Fees for the time for which said deficiency(ies) existed. 5.3 City Warranties and Representations. City shall abide by all applicable laws and regulations in connection with the use of the Service, Website, and Website Visitor information. The City shall ensure that its collection, use, and sharing of informat ion (including data from Website Visitors) is in accordance with applicable law. The City represents that it owns or has sufficient rights to any of its content displayed on the Website. 6. City Data/Vendor Obligations. 6.1. Ownership. City owns all of the information and materials that it submits, uploads or transfers, or causes to be submitted, uploaded, or transferred to the SAAS or Services . Vendor does not own the information submitted by C ity or its Website Visitors (the “City’s Data”). The City retains all right, title and interest in and to the City's Data. The City grants to Vendor all necessary licenses and rights in and to the City's Data as necessary for Vendor to provide Services to the City. 6.2. Data Protection. Vendor shall maintain and handle all of City’s Data with commercially reasonable physical, electronic, and procedural safeguards to protect and preserve the confidentiality and security of City’s Data (including personal information) in accordance with applicable data protection legislative requirements and as further described in Vendor’s policies which should reflect the highest industry standards for privacy and security, which applicable policies are incorporated herein by reference. AGREEMENT FOR SOFTWARE AS A SERVICE Page 4 6.3. Data Restrictions. Vendor shall restrict access to City Data to Vendor employees, affiliates' employees, or others who need to know that information to provide services to City. City Data shall be stored and hosted within the United States of America . Vendor will use City Data for the purposes described in this Agreement. Vendor will not sell, license, transmit or disclose this information outside of Vendor’s business unless: (1) City expressly authorizes Vendor to do so; (2) it is necessary to allow Vendor’s Licensors to perform services under this Agreement); (3) in order to provide Vendor’s products or services to City; (4) otherwise as Vendor is required by law after written notice to City of such requirement. Notwithstanding the foregoing, Vendor is responsible for any disclosures of City Data by Vendor’s Licensors made contrary to the terms of this Agreement. 6.4 Data Backup. Vendor shall protect City’s data by having a backup system that includes running the Vendor’s Service on geographically dispersed data centers with extensive backup, data archive, and failover capabilities. Disaster recovery plan shall include: (1) Data backup procedures that create multiple backup copies of City’s data, in near real time, at the disk level; and (2) A multi - level backup strategy that includes disk-to-disk-to-tape data backup in which tape backups serve as a secondary level of backup, not as the primary disaster-recovery data source; or other data backup system providing at least the same or higher protection of City’s Data in the event of a potential data loss. 7. Intellectual Property Ownership. Vendor (and its Licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the SAAS and Service, the Content, the Software, and in its Technology. This Agreement, does not convey to City any rights of ownership in or to the Vendor’s Service, Technology, Software , or its Intellectual Property Rights owned by Vendor and its Licensors, where applicable. This Agreement does not contemplate custom development on behalf of the City of Kent of software or technology. 8. Non-Disclosure of Confidential Information. The Parties’ obligations regarding non- disclosure of Confidential Information is contained in the attached and incorporated Exhibit D. All Confidential Information is and shall remain the property of its owner to the extent consistent with applicable law. The disclosure of Confidential Information to the other party does not grant to it any express or implied right to or under any patents, copyrights, trademarks, or trade secret information except as otherwise provided herein. 9. City Obligations. The City is responsible for ensuring the compliance with these terms of each of the City’s authorized users (“Administrators”). The City shall use best efforts to prevent unauthorized access to, or use of, the Service, and will notify Vendor promptly of any unauthorized use of any password or account or any other known or suspected breach of security. The City will, in a timely manner, send Vendor the information it needs to supply the Services. The City will develop a Terms of Use policy with the help of a Vendor template. 9.1 Hardware Obligations. City shall be responsible for (a) obtaining and maintaining all computer hardware, software, and communications equipment needed to internally access the Service, and (b) paying all third-party access charges incurred while using the Service. 9.2 Anti-Virus Obligations. City will use commercially reasonable efforts to safeguard against computer infection, viruses, worms, Trojan horses, and other code that manifest contaminating or destructive properties (collectively "Viruses") that may reasonably affect Vendor’s SAAS. Services. AGREEMENT FOR SOFTWARE AS A SERVICE Page 5 9.3 Restricted Uses. City will not: a. knowingly upload or distribute any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Service, b. modify, disassemble, decompile or reverse engineer the Service or pre-release hardware devises or software disclosed, c. probe, scan, test the vulnerability of, or circumvent any security mechanisms used by, the sites, servers, or networks connected to the Service, d. copy, reproduce, resell or commercially exploit the Service, e. without authority, access or use any other clients' or their users' data through the Service, f. maliciously reduce or impair the accessibility of the Service, g. reverse engineering, decompiling or disassembling any software code and/or pre-release hardware devices disclosed, h. attempt to or use the City’s access to the Service to knowingly interfere with or disrupt the integrity or performance of the Service or the data contained therein, i. allow Administrator credentials to be shared. 10. Indemnification Obligations. 10.1 City Indemnification Obligations. Subject to Section 10.3 below, City shall defend, indemnify, and hold Vendor and its parent organizations, subsidiaries, Affiliates, officers, directors and employees harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (i) a third party claim alleging that the use of City Data infringes the rights of, or has caused harm to, a third party; (ii) a third party claim alleging a breach of any of City’s representations and warranties; or (iii) a third party claim alleging City’s use of Confidential Information or Intellectual Property Rights of Vendor or its Licensors is in violation of this Agreement ; (iv) third party claim of injury or death to person or damage to property arising from City’s negligence. 10.2. Vendor Indemnification Obligations . Subject to Section 10.3 below, Vendor shall defend, indemnify, and hold City and its elected officials, officers, employees, agents and attorneys harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with: (i) a third party claim alleging that the Vendor Service, Content, Software, or Technology infringes or misappropriates the rights of, or has caused harm to, a third party; (ii) a third -party claim alleging a breach of any Vendor representations and warranties in this Agreement; (iii) a third -party claim alleging Vendor’s use of City Data is in violation of this Agreement; or (iv) a third party claim alleging a breach of Vendor’s confidentiality or data security obligations, that infringes the rights of, or has caused harm to, a third party, (v) third party claim of injury or death to person or damage to property arising from Vendor’s negligence. Vendor will have no liability to the City for any infringement action that arises out of a breach of the terms and conditions of this Agreement by the C ity or of the use of the Service (i) after it has been modified by the C ity or a third party without Vendor’s prior written consent, or (ii) in combination with any other service, equipment, software or process not provided by Vendor where the combination is the basis for the infringing activity. AGREEMENT FOR SOFTWARE AS A SERVICE Page 6 10.3 As an express condition of the foregoing indemnification obligations, the parties hereby agree that: a. the indemnified party shall promptly notify the indemnifying party in writing for any claim for which indemnification is sought; b. the indemnified party shall cooperate with all reasonable requests of the indemnifying party (at the indemnifying party’s expense) in defending or settling such claim. c. the indemnifying party shall be allowed to control the defense and settlement of such claim; d. the indemnifying party may not settle any claim that includes an admission of liability, fault, negligence or wrongdoing on the part of the indemnified party unless the indemnified party provides prior written consent, e. the indemnified party shall have the right, at its option and expense, to participate in the defense of any action, suit or proceeding relating to such a claim through counsel of its own choosing; f. each indemnified party will undertake commercially reasonable efforts to mitigate any loss or liability resulting from an indemnification claim related to or arising out of this Agreement. 11. Limitation of Liability 11.1. EXCEPT FOR CLAIMS ARISING FROM EITHER PARTY’S INDEMNIFICATION OBLIGATIONS, CONFIDENTIALITY AND SECURITY OBLIGATIONS, REPRESENTATIONS AND WARRANTIES, AND INTELLECTUAL PROPERTY INFRINGEMENT OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY WITH RESPECT TO ANY CLAIM ARISING OUT OF THIS AGREEMENT EXCEED THE PARTY’S STATED INSURANCE LIABILITY CAP. 11.2. NEITHER PARTY WILL BE LIABLE FOR BREACH-OF-CONTRACT DAMAGES SUFFERED BY THE OTHER PARTY THAT ARE REMOTE OR SPECULATIVE, OR THAT COULD NOT HAVE REASONABLY BEEN FORESEEN ON ENTRY INTO THIS AGREEMENT . 11.3. THE ABOVE LIMITATIONS WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY. 12. Insurance. Vendor shall maintain insurance that is sufficient to protect its business against all applicable risks, at a minimum as set forth in the attached and incorporated Exhibit E, "Insurance Requirements." Vendor shall promptly provide City with certificates of insurance to evidence Vendor's continued compliance with Exhibit E. 13. Termination of Agreement. 13.1 Termination for Convenience. Either party may terminate this Agreement without cause. In the event of such desire, the City may terminate upon giving the Vendor 30 days advance written notice of termination, and the Vendor upon giving the City 30 days advance written notice of termination. 13.2 Termination by City for Cause. In addition to any other rights granted to City in this Agreement or under law, City has the right to terminate this Agreement upon written notice due to: AGREEMENT FOR SOFTWARE AS A SERVICE Page 7 a. a material breach of a term, representation, or warranty under this Agreement (including a material breach under an Attachment, Addendum and/or b. it to this Agreement) by Vendor of any of its subcontractors or licensors of services if such material breach is not remedied within 30 days following receipt of written notice from City; or c. a third party’s claim that Vendor’s Services, Content, Data Infrastructure, Professional Services, Technology, Software, SAAS or any other services and products provided by Vendor or its subcontractors or Licensors or other third parties and the Intellectual Property Rights associated therewith, infringes upon such third party’s Intellectual Property Rights. d. City Council fails to appropriate funds for contract payments. e. Vendor files for protection under bankruptcy laws, makes an assignment for the benefit of creditors, appoints or suffers appointment of a receiver or trustee over its property, files a petition under any bankruptcy or insolvency act or has any such petition filed against it which is not discharged within 60 days of the filing thereof.. 13.3 Termination By Vendor for Cause. In addition to any other rights granted to Vendor in this Agreement or under law, Vendor reserves the right, upon written notice to City, to terminate this Agreement due to: a. any undisputed amounts City owes that are delinquent greater than 30 days; or b. a material breach of the terms of this Agreement, other than a payment obligation, by City or its users if such breach is not remedied within 30 days following receipt of written notice of such breach from Vendor to City; or c. a third party’s claim that City’s Data, and/or Intellectual Property infringes upon such third party’s rights. 13.4 No Suspension of Service. Provided City continues to timely make all undisputed payments, Vendor warrants that during the term of this Agreement, Vendor will not withhold Services provided herein, for any reason, including but not limited to a dispute between the parties arising under this Agreement, except as may be specifically authorized herein. 13.5 Effect of Termination. a. If City terminates for cause or Vendor terminates without cause, City will only be obligated to pay the amounts then due for services provided meeting Vendor’s contractual commitments as calculated up to the date of termination and, if applicable, City wil l be reimbursed a prorated amount of unused, prepaid fees. b. If Vendor terminates for cause that City does not dispute or if City terminates without cause and a balance is still due on City’s account, then City agrees that Vendor may bill City for such unpaid fees due up to the date of termination. c. In the event this Agreement terminates for any reason, Vendor shall provide the City a file of City’s Data in a format acceptable (and at no cost) to City within 30 days of the effective date of termination. City shall have 60 days following termination to notify Vendor if litigation, laws, regulations, or other lawful process requires Vendor retain City’s data on its SAAS beyond the termination of this Agreement. City wi ll thereafter promptly notify Vendor when such litigation, laws, regulations, or other lawful process no longer requires Vendor maintain the City’s data on its SAAS. Vendor may dispose of City’s data at Vendor’s expense as permitted by law 61 AGREEMENT FOR SOFTWARE AS A SERVICE Page 8 days after termination, if City provides no notice otherwise; or after City notifies Vendor there are no laws, regulations, litigation, etc. requiring further retention. Retained data is subject to the confidentiality provisions of the Agreement. 14. Remedies. Termination of this Agreement shall not affect any right of action of either party prior to the termination being affected. All remedies shall be cumulative and may be exercised concurrently, or separately, which shall not be deemed to constitute an electi on of any one remedy to the exclusion of any other. In addition to any other remedy provided for herein, or at law or equity, City shall have the right to recover from Vendor all damages reasonably caused by default of any representation or warranty. This paragraph shall not limit City’s right to pursue any other remedy available to it in law, at equity or pursuant to this Agreement. 15. Non-Discrimination. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Vendor, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, disc riminate against any person who is qualified and available to perform the work to which the employment relates. The Consultant shall execute the City of Kent Equal Employment Opportunity Policy Declaration, Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the Compliance Statement, all attached and incorporated as Exhibit F. 16. General Provisions 16.1 Governing Law and Venue. The Agreement will be governed by the laws of Washington and its choice of law rules. Vendor irrevocably consents to the exclusive personal jurisdiction and venue of the federal and state courts located in King County, Washington, with respect to any dispute arising out of or in connection with the Agreement and agrees not to commence or prosecut e any action or proceeding arising out of or in connection with the Agreement other than in the aforementioned courts. 16.2. Dispute Resolution. The City and Vendor desire, if possible, to resolve disputes, controversies and claims (Disputes) arising out of this Agreement without litigation. To that end, upon written notification of dispute by a party to the other, each party shall appoint a knowledgeable, responsible management representative to meet and negotiate in good faith to resolve any Dispute arising under this Agreement. If the parties are unable to settle any Dispute, the exclusive means of resolving that Dispute shall only be by filing suit as provided for under Section 16.1, unless the parties agree in writing to an alternative dispute resoluti on process. 16.3 Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the remaining provision will continue in full force without being impaired or invalidated in any way. The City and Vendor agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. 16.4. Nonwaiver. Any failure by either party to enforce strict performance of any provision of the Agreement will not constitute a waiver of the its right to subsequently enforce such provision or any other provision of the Agreement. 16.5 No Assignment. Either party may assign this Agreement and all of its rights and obligations hereunder as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets so long as said assignee accepts all of the respective Agreements rights and obligations of its predecessor as provided in this Agreement without limitation. Except as expressly stated in this Agreement, neither party may otherwise assign its rights or obligations under this Agreement either in whole or in part without the prior written consent of the other part y, and any attempted assignment or delegation without such consent will be void. AGREEMENT FOR SOFTWARE AS A SERVICE Page 9 16.6 Notices. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Either party may change its address by giving written notice of such change to the other party. 16.7 Legal Fees. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit either party’s right to indemnification under Section 10 of this Agreement. 16.8. Force Majeure. Neither party shall be liable to the other for breach due to delay or failure in performance resulting from acts of God, acts of war or of the public enemy, riots, pandemic, fire, flood, or other natural disaster or acts of government (“force majeure event”). Performance that is prevented or delayed due to a force majeure event shall not result in liability to the delayed party. Both parties represent to the other that at the time of signing this Agreement, they are able to perform as required and their performance will not be prevented, hindered, or delayed by the current COVID-19 pandemic, any existing state or national declarations of emergency, or any current social distancing restrictions or personal protective equipment requirements that may be required under federal, state, or local law in response to the current pandemic. If any future performance is prevented or delayed by a force majeure event, the party whose performance is prevented or delayed shall promptly notify the other party of the existence and nature of the force majeure event causing the prevention or delay in performance. Any excuse from liability shall be effective only to the extent and duration of the force majeure event causing the prevention or delay in performance and, provided, that the party prevented or delayed has not caused such event to occur and continues to use diligent, good faith efforts to avoid the effects of such event and to perform the obligation. Notwithstanding other provisions of this section, the Vendor shall not be entitled to, and the City shall not be liable for, the payment of any part of the contract price during a force majeure event, or any costs, losses, expenses, damages, or delay costs incurred by the Vendor due to a force majeure event. Performance that is more costly due to a force majeure event is not included within the scope of this Force Majeure provision. If a force majeure event occurs, the City may direct the Vendor to restart any work or performance that may have ceased, to change the work, or to take other action to secure the work or the project site during the force majeure event. The cost to restart, change, or secure the work or project site arising from a direction by the City under this clause will be dealt with as a change order, except to the extent that the loss or damage has been caused or exacerbated by the failure of the Vendor to fulfill its obligations under this Agreement. Except as expressly contemplated by this section, all other costs will be borne by the Vendor. 16.9 Independent Contractor. City and Vendor intend that an independent Contractor relationship be created with this Agreement. Vendor shall not be considered an agent or employee of City for any purpose and the employees of Vendor are not entitled to any of the benefits that City provides for its employees. Nor shall this Agreement be evidence of a joint venture between Vendor and City. 16.10 Problem Notification. Each party will promptly notify the other in writing of any events or circumstances that will affect the performance of its obligations under this Agreement including the delivery of any deliverable or delay in completion of a ny of its obligations. Vendor shall notify City in writing of all material defects in the SAAS and/or Services, whether discovered by other AGREEMENT FOR SOFTWARE AS A SERVICE Page 10 parties or by Vendor within five (5) business days of their discovery and fix or replace the effected software within a commercially reasonable time. A defect is considered material if it has the potential to delay or inhibit the primary functionality of the SAAS or Service or if said defect has the potential to corrupt City data. 16.11 Entire Agreement/Modification. This Agreement, together with all exhibits comprise the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein. This Agreement may be amended, modified , or added to only by written instrument properly signed by both parties hereto. 16.12 Public Records Act. The Vendor acknowledges that the City is a public agency subject to the Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes, emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may be subject to public review and disclo sure, even if those records are not produced to or possessed by the City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City’s duties and obligations under the Public Records Act. 16.13 City Business License Required. Prior to commencing the Services provided for under this Agreement, Vendor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of the Kent City Code. / / / / / / / / / / / / / / AGREEMENT FOR SOFTWARE AS A SERVICE Page 11 16.14 Counterparts and Signatures by Fax or Email. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page to the other by fax or email and that signature shall have the same force and effect as if the Agreement bearing the original signature was received in person. IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. All acts consistent with the authority of this Agreement and prior to its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed to have applied. VENDOR: Bang The Table USA, LLC By: Print Name: Matthew Crozier Its CEO DATE: 15 APRIL 2021 CITY: CITY OF KENT By: Print Name: Its DATE: NOTICES TO BE SENT TO: Angie Tilley, Office Manager Bang The Table USA, LLC 2400 Spruce Street, Suite 201 Boulder, CO 80302 USaccounts@bangthetable.com (email) 720-459-9186 (telephone) NOTICES TO BE SENT TO: Kerry O'Connor City of Kent 220 Fourth Avenue South Kent, WA 98032 (253)856-5115 (telephone) KOconnor@kentwa.gov (email) APPROVED AS TO FORM: Kent Law Department ATTEST: Kent City Clerk Brian Levenhagen Parks, Recreation & Comm. Svcs. Deputy Director Brian Levenhagen (Apr 29, 2021 14:12 PDT) Apr 29, 2021 AGREEMENT FOR SOFTWARE AS A SERVICE Page 12 EXHIBIT A SCOPE OF WORK [insert details including any applicable deliverables, Data transfer protocols, data infrastructure, testing protocols, user acceptance, milestones, third party products.] Please see attached AGREEMENT FOR SOFTWARE AS A SERVICE Page 13 EXHIBIT B SUBSCRIPTION FEES AND PAYMENT PROCESS [insert details of subscription fees and payment] Please see attached AGREEMENT FOR SOFTWARE AS A SERVICE Page 14 EXHIBIT C SERVICE LEVEL AGREEMENT AND SUPPORT SERVICES A.SERVICE LEVEL AGREEMENT 1.Applicable Levels. Vendor shall provide the SAAS and Service to City with a System Availability of at least 99.5% during each calendar month of the Agreement following init ial implementation completion. 2.Scheduled System Maintenance. Vendor may take the Service offline for scheduled maintenances of which City has received prior written notice of the planned maintenance schedule. 3.System Availability Definition. 3.1. “System Availability” means the percentage of minutes in a month that the key components of the Service are operational 3.2. Not Included in “System Availability” a.scheduled maintenance; b.events of force majeure; or c.events caused by the City’s acts or omissions or inoperability of City’s technology/devices. 4.Remedies. Should Vendor not achieve System Availability for 2 months or more in any six month period, the City shall be entitled to the following credit against fees due: 4.1 Two-months – 2/12 the annual subscription and service fees paid 4.2 Three months – 3/12 the annual subscription and service fees paid 4.3 Four or more months – continued schedule of Months / 12 The credit remedy provided herein is not exclusive and City shall be entitled to all other remedies provided for in this Agreement or provided in law and equity as a result of Vendor’s failure to meet System Availability requirements. B.SUPPORT SERVICES 1.Services Support entitles the City to the following: 1.1 Telephone or electronic support to help the City locate and correct problems with the Service/SAAS. 1.2 Bug fixes and code corrections to correct Software malfunctions to bring the Service into substantial conformity with the operating specifications. 1.3 All extensions, enhancements and other changes that Vendor makes or adds to the Service and which the Vendor offers, without charge, to all other Subscribers of the Service. AGREEMENT FOR SOFTWARE AS A SERVICE Page 15 1.4 Up to 12 dedicated contacts designated (2 Site, 10 Project Admins) by the City in writing that will have access to support services. 2.Response and Resolution Goals 2.1 Severity 1: The Production system/application is down, seriously impacted and there is no reasonable work around currently available. Once Vendor receives notice, the Vendor will begin continuous work on the issue, and a customer resource must be available at any time to assist with problem determination. Once the issue is reproducible or onc e vendor has identified the Software defect, Vendor will provide reasonable efforts for workaround or solution within 24 hours. 2.2 Severity 2: The system or application is seriously affected. The issue is not critical and does not comply with the Severity 1 conditions. There is no workaround currently available or the workaround is cumbersome to use. The Vendor will work during normal business hours to provide reasonable effort for workaround or solution within 3 days, once the issue is reproducible. 2.3 Severity 3: The system or application is moderately affected. The issue is not critical and the system has not failed. The issue has been identified and does not hinder normal operation, or the situation may be temporarily circumvented using an available workaround. The Company will work during normal business hours to provide reasonable effort for workaround or solution within 5 business days, once the issue is reproducible. 2.4 Severity 4: Non-critical issues. The Company will seek during normal business hours to provide a solution in future releases of the Service. AGREEMENT FOR SOFTWARE AS A SERVICE Page 16 EXHIBIT D NON-DISCLOSURE OF CONFIDENTIAL INFORMATION 1.Scope of Confidentiality Obligation in a SAAS Agreement. 1.1 Limitations. The Parties recognize that in a SAAS Agreement , the City is placing its information, including Confidential Information, on the Vendor’s hosted software application. In providing this hosted service, the Vendor is not disclosing or providing City with its confidential information such as its source code or other proprietary or intellectual property technology. City therefore cannot modify, reverse engineer or otherwise decompile Vendor’s technology and City has committed to not doing so in this Agreement. Thus, this Addendum describes Vendor’s obligations with respect to City’s confidential information provided to Vendor. 2.Definition of Confidential Information and Exclusions. 2.1 "Confidential Information" means non-public information on Vendor’s SAAS that City designates as being confidential or which, under the circumstances surrounding disclosure , Vendor ought to treat as confidential, including but not limited to information in tangible or intangible form relating to and/or including City data, computer programs, code, algorithms, formulas, processes, inventions, schematics and other technical, business , financial and product development plans, forecasts, strategies and proprietary or intellectual property whether or not it is owned by City and information received from others that City is obligated to treat as confidential. Except as otherwise indicated in this Agreement, the term “Vendor” also includes all its Affiliates. An “Affiliate” means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly or indirectly, controls, are controlled by, or are under common control with a party. 2.2 Confidential Information shall not include any information, however des ignated, that: (i) is or subsequently becomes publicly available without Vendor’s breach of any obligation owed City; (ii) became known to Vendor prior to City’s disclosure of such information to Vendor pursuant to the terms of this Agreement; (iii) became known to Vendor from a source other than City other than by the breach of an obligation of confidentiality owed to City; (iv) is independently developed by Vendor; or (v) is not confidential as a matter of law. 3.Obligations Regarding Confidential Information . 3.1 Except as otherwise provided herein, Vendor shall: a.Take reasonable security precautions, at least as great as the precautions it takes to protect its own confidential information, but no less than prevailing standard of reasonable care in the Vendor’s industry, to keep confidential the Confidential Information of the City; b.Refrain from disclosing, reproducing, summarizing and/or distributing City’s Confidential Information except in pursuance of Vendor’s business relationship with City, or only as otherwise provided hereunder; and c.Refrain from reverse engineering, decompiling or disassembling any software code and/or pre-release hardware devices disclosed by City to Vendor under the terms of this Agreement. 3.2 Notwithstanding anything to the contrary herein, City and Vendor will disclose Confidential Information in accordance with judicial action, federal or state public disclosure requirements, state or federal regulations, or other governmental order or requirement of law. In the context of public records requests, City will give the Vendor reasonable notice prior to Vendor’s AGREEMENT FOR SOFTWARE AS A SERVICE Page 17 records consistent with City’s rules to allow Vendor a reasonable opportunity to seek injunctive or other applicable judicial relief preventing such disclosure. 3.3 The Vendor may disclose Confidential Information only to Vendor’s employees and consultants on a need-to-know basis. The Vendor will have executed or shall execute appropriate written agreements with third parties sufficient to enable Vendor to enforce all the provisions of this Agreement. 3.4 Vendor shall notify the City promptly and without undue delay upon discovery of any unauthorized use or disclosure of Confidential Information as defined by this Agreement. Vendor will cooperate with City in helping City regain possession of its Confidential Information and prevent its further unauthorized use or disclosure. EXHIBIT E INSURANCE REQUIREMENTS Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, their agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. The City shall be named as an insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO additional insured endorsement CG 20 10 11 85 or a substitute endorsement providing equivalent coverage. 3. Professional Liability insurance appropriate to the Consultant’s profession. 4. Cyber Liability insurance. 5. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: EXHIBIT E (Continued) 1.Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2.Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $3,000,000 general aggregate. Coverage may be in the form of an underlying GL policy combined with an Umbrella/Excess policy in order to meet the limits required. 3.Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate limit. 4.Cyber Liability insurance shall be written with limits no lessthan $1,000,000 per occurrence C.Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1.The Consultant’s insurance coverage shall be primary insurance asrespect the City. Any Insurance, self-insurance, or insurance poolcoverage maintained by the City shall be excess of the Consultant’sinsurance and shall not contribute with it. 2.The Consultant’s insurance shall be endorsed to state that coverage shallnot be cancelled by either party, except after thirty (30) days priorwritten notice by certified mail, return receipt requested, has been givento the City. 3.The City of Kent shall be named as an additional insured on all policies(except Professional Liability) as respects work performed by or on behalfof the Consultant and a copy of the endorsement naming the City asadditional insured shall be attached to the Certificate of Insurance. TheCity reserves the right to receive a certified copy of all required insurancepolicies. The Consultant’s Commercial General Liability insurance shallalso contain a clause stating that coverage shall apply separately to eachinsured against whom claim is made or suit is brought, except withrespects to the limits of the insurer’s liability. D.Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. EXHIBIT E (Continued) E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. F. Subcontractors Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Consultant. CERTIFICATE HOLDER © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS WC STATU-TORY LIMITS OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICE/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The ACORD name and logo are registered marks of ACORD COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 04/20/2021 AP INTEGO INSURANCE GROUP, LLC AP Intego Insurance Group, LLC 888-289-2939 375 Woodcliff Dr.certs@apintego.com Suite 103 Fairport NY 14450 Bang The Table USA, LLC 2400 Spruce St Ste 204 Boulder CO 80302 The Standard Fire Insurance Company 19070 A X UB1N332448 06/15/2020 06/15/2021 1,000,000 1,000,000 1,000,000 Waiver of Subrogation is granted in favor of City of Kent in regard to the Workers' Compensation as their interest may appear by written contract. City of Kent 220 Fourth Avenue South Kent WA 98032 Clear All ENDORSEMENT WC 00 03 13 (00) - POLICY NUMBER: EMPLOYERS LIABILITY POLICY AND WORKERS COMPENSATION WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT ONE TOWER SQUAREHARTFORD CT 06183 UB-1N332448-20-42-G We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE DESIGNATED ORGANIZATION: DESIGNATED PERSON: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE:PAGEST ASSIGN:OF The premium charge for the endorsement in HI is 2% of the HI state total annual premium subject to a $250 minimum policy premium. 03-10-21 1 1 ACC) " CERTIFICATE OF LIABILITY INSURANCE FDATE(MMID21YYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Peter Ashley PHONE FAX A/C No): GIA Risk Management LLC E-MAIL ADDRESS: 9195 W. 44th Avenue INSURERS AFFORDING COVERAGE NAIC # Wheat Ridge, CO. 80033 INSURER A : Travelers Insurance 19046 INSURED Bang the Table USA, LLC INSURER B : Progressive Commercial Auto Insurance 24260 P O Box 1028 INSURER C : INSURER D : INSURER E : Boulder CO 80308 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX] OCCUR FT I DAMAGE TO l7E—NrE15-- PREMISES Ea occurrence) $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 2,000,000 a 680 9H 509713 - 20 - 42 12162020 12162021 GENERAL AGGREGATE s 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 4,000,000 S X POLICY PRO- JECT LOC AUTOMOBILE LIABILITY F_ COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO b X ALL OWNED SCHEDULED X Autos Auros HIRED AUTOS X NON -OWNED AUTOS - 058 294 4708 01130221 07132021 BODILY INJURY (Per accident) 5 PROPERTY DAMAGE Per accident S $ UMBRELLA LIAB X OCCUR OCCURRENCE $ 1,000,000a LEACH GREGATE $ 1,000,000 X EXCESS LIAB CLAIMS -MADE CUP 05 561888 12162020 12162021 DED I i RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WCSTATU- I OTR- E.L. EACH ACCIDENT $ OFFICE/MEMBER EXCLUDED? ❑ NIA E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yes, describe under E.L. DISEASE - POLICY LIMIT 1 $ a Business Property Professional E & O 680 9H 509713 - 20 - 42 12162020 12160221 BPP $1,000,000 Cyberliabilit I 1 $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) operations - web hosting certificate holder City of Kent, 220 Fourth Avenue S, Kent, WA 98032 is additional insured for general liability coverage where required by contract. Coverage of the insured is primary to the additional insured's general liability coverage. Coverage may be cancelled according to the terms of the insurance policy. CERTIFICATE 1401_nFR CANCFI I ATION City of Kent, WA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN as certificate holder and as additional insured ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue S AUZ,K6IZ1boREPRE T E Kent WA 98032 Peter ey ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Clear All CHANGE ENDORSEMENT Named Insured: Policy Number: Policy Effective Date: Policy Expiration Date: Issue Date: Premium $ Effective from at the time of day the policy becomes effective. THIS INSURANCE IS AMENDED AS FOLLOWS: INSURING COMPANY: BANG THE TABLE USA, LLC 680-9H509713-20-42 12/16/2020 12/16/2021 04/20/2021 NIL 04/19/21 TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA NAME AND ADDRESS OF AGENT OR BROKER Countersigned by Authorized Representative DATE: Office: DATE: Authorized Representative Countersigned byNAME AND ADDRESS OF AGENT OR BROKER Office:IL T0 07 09 87 (Page of ) GIA RISK MANAGEMENT LLC PO BOX 1246 ARVADA CO 80001-1246 04/20/2021 DENVER CO11 Additional Insureds are added to the policy as provided under the attached endorsement(s): CG T4 91 The following forms and/or endorsements is/are included with this change. These forms are added to the policy or replace forms already existing on the policy: IL T0 07 09 87 CG T4 91 11 88 IL T0 07 09 87 CG T4 91 11 88 Rates and/or premiums have been changed to reflect a change in the exposure and/or rating procedure EFFECTIVE DATE: POLICY NUMBER: ISSUE DATE: 680-9H509713-20-42 04/20/2021 12/16/2020 LISTING OF FORMS, ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS, SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS CHANGE ENDORSEMENT*IL T0 07 09 87 COMMON POLICY DECLARATIONSIL T0 19 02 05 RENEWAL CERTIFICATEIL T0 25 08 01 BUSINESSOWNERS COVERAGE PART DECLARATIONSMP T0 01 02 05 FORMS ENDORSEMENTS AND SCHEDULE NUMBERS*IL T8 01 01 01 COMMON POLICY CONDITIONSIL T3 15 09 07 BUSINESSOWNERS TABLE OF CONTENTS - BUSINESSOWNERS COVERAGE PART - DELUXE PLAN MP T1 30 02 05 BUSINESSOWNERS PROPERTY COVERAGE SPECIAL FORMMP T1 02 02 05 PERIOD OF RESTORATION - TIME PERIODMP T3 48 10 12 AMENDATORY PROVISIONS - TECHNOLOGY OFFICE ENHANCEMENTSMP T9 97 10 12 FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSUREMP T3 25 01 15 INTERRUPTION OF COMPUTER OPERATIONS - INCREASED LIMITMP T3 35 02 05 EQUIPMENT BREAKDOWN - SERVICE INTERRUPTION LIMITATIONMP T3 50 11 06 AMENDATORY PROVISIONS - GREEN BUILDING AND BUSINESS PERSONAL PROP COV ENHANCEMENTS MP T3 56 02 08 DENIAL OF SERVICE ATTACK - TIME ELEMENT ENDORSEMENTMP T3 21 03 06 COMMERCIAL GENERAL LIABILITY TABLE OF CONTENTS - COMMERCIAL GENERAL LIABILITY COVERAGE FORM CG T1 00 02 19 CG T0 34 02 19 COMMERCIAL GENERAL LIABILITY COVERAGE FORMCG T1 00 02 19 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US CG 24 04 05 09 AMENDATORY ENDORSEMENT - PRODUCTS-COMPLETED OPERATIONS HAZARD CG D3 09 02 19 AMDT COV B-DEL MEDIA & E-CHATROOMS EXCLSCG D4 36 02 19 AMEND - NON CUMULATION OF EACH OCCCG D2 03 12 97 SCHED AI W/COMP OPS IF REQ BY CONTRACTCG D2 47 04 19 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATIONCG T4 91 11 88* XTEND ENDORSEMENT FOR TECHNOLOGYCG D4 17 02 19 HIRED AUTO AND NON-OWNED AUTO LIABILITYMP T1 25 11 03 AMEND CONTRAL LIAB EXCL - EXC TO NAMED INSCG D4 21 07 08 EXCLUSION - VIOLATION OF CONSUMER FINANCIAL PROTECTION LAWS CG D6 18 10 11 EXCLUSION - DISCRIMINATIONCG D1 42 02 19 * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE:OF 21 EFFECTIVE DATE: POLICY NUMBER: ISSUE DATE: 680-9H509713-20-42 04/20/2021 12/16/2020 CYBERFIRST ESSENTIALS LIABILITY ENDORSEMENTS CYBERFIRST ESSENTIALS COVERAGE PART DECLARATIONSPR T0 19 02 12 CYBERFIRST ESSENTIALS GENERAL PROVISIONS FORMPR T1 13 02 12 CYBERFIRST ESSENTIALS INFORMATION SECURITY LIABILITY COVERAGE FORM PR T1 14 02 12 CYBERFIRST ESSENTIALS TECH PROD OR SERVICES ERRORS AND OMISSIONS LIAB COVERAGE PR T1 15 10 13 COVG FOR FINANCIAL INTEREST IN FOREIGN INSURED ORGANIZATIONS-CYBERFIRST ESSENTIALS PR T5 21 03 15 AMEND OF AI AND PI DEFINITIONS - INFORMATION SECURITY LIABILITY PR T5 14 01 15 COLORADO MANDATORY ENDORSEMENTPR F3 47 02 12 MULTIPLE SUBLINE ENDORSEMENTS LIMITATION WHEN TWO OR MORE POLICIES APPLYCG T3 33 11 03 INTERLINE ENDORSEMENTS FEDERAL TERRORISM RISK INSURANCE ACT DISCLOSUREIL T3 68 01 15 AMNDT COMMON POLICY COND-PROHIBITED COVGIL T4 12 03 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISMIL T4 14 01 15 ADDITIONAL BENEFITSIL T4 27 06 19 WORLD BUSINESS ESSENTIALSMP T9 96 02 19 EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIAIL T3 82 05 13 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) IL 00 21 09 08 COLORADO CHANGES - CIVIL UNIONIL 01 25 11 13 COLORADO CHANGES - CONCEALMENT, MISREPRESENTATION OR FRAUD IL 01 69 09 07 COLORADO CHANGES - CANCELLATION AND NONRENEWALIL 02 28 09 07 POLICY HOLDER NOTICES IMPORTANT NOTICE REGARDING INDEPENDENT AGENT AND BROKER COMPENSATION PN T4 54 01 08 COLORADO DISCLOSURE FORM - CLAIMS-MADE LIABILITY COVERAGE FORM PN T5 84 02 09 IMPORTANT NOTICE - JURISDICTIONAL INSPECTIONSPN MP 38 01 11 * TEXT IN THIS FORM HAS CHANGED, OR THE FORM WAS NOT ON POLICY BEFORE. IL T8 01 01 01 PAGE:OF 22 GENERAL LIABILITY GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY POLICY NUMBER: ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED–DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of person or organization: CG T4 91 11 88 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your acts or omissions. 680-9H509713-20-42 04/20/2021 CITY OF KENT 220 FOURTH AVENUE SOUTH KENT WA 98032 OVERPRINT POLICY NUMBER: ISSUE DATE: RATER: EFFECTIVE DATE: EXPIRATION DATE: /CHANGE SLIP CHANGE 680-9H509713-20-42 04/20/2021 PS CHANGE EFFECTIVE DATE:04-19-21 12/16/2020 12/16/2021 INSURED'S NAME: New/Renewal:Watch File:Special Code: Solicitor Code:Survey Code:Program Code: SAI:Reinsurance:Paymode: MSI:Audit Frequency: Rating Mode:Pro Rata Factor:Responsibility: PREMIUM SUMMARY DOWNSTREAM BANG THE TABLE USA, LLC R U16 L f5247M5207 I 0.660I ACCT.EFF.PREMIUMDATEMO.S.B. 04/21 04-19-21 0.00 .1500 Type Code Type Code Description OFFICE: PRODUCER NAME: Page of DENVER CO 052 GIA RISK MANAGEMENT LLC CTG41 1 1 AGREEMENT FOR SOFTWARE AS A SERVICE Page 19 EXHIBIT F CITY OF KENT NON-DISCRIMINATION POLICY AND FORMS DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City’s equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement t o adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding. If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City’s sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows: 1.I have read the attached City of Kent administrative policy number 1.2 . 2.During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3.During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4.During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities. 5.Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. By: ___________________________________ For: Bang The Table USA, LLC ______________________ Title: CEO ______________________________________ Date: 15 APRIL 2021 _____________________________ AGREEMENT FOR SOFTWARE AS A SERVICE Page 20 CITY OF KENT ADMINISTRATIVE POLICY NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1.Provide a written statement to all new employees and subcontractors indicating commitment as an equal o pportunity employer. 2.Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City’s nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement. Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1.Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City’s equal employment opportunity policy. 2.Monitoring to assure adherence to federal, state and local laws, policies and guidelines. AGREEMENT FOR SOFTWARE AS A SERVICE Page 21 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement. I, the undersigned, a duly represented agent of Company, hereby acknowledge and declare that the before -mentioned company was the prime contractor for the Agreement known as that was entered into on the (date), between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before -mentioned Agreement. By: ___________________________________________ For: ___________________________________________ Title: __________________________________________ Date: _________________________________________ Build stronger, more trusting communities through meaningful engagement. Prepared by Dan Keane Senior Account Executive Bang the Table Prepared for Kerry O'Conner City of Kent March 29, 2021 Thank you for your consideration! Dear Kerry, Thank you for the opportunity to propose EngagementHQ as your solution for online community engagement! We believe that in a 21st-century democracy, everyone has the right to participate in the decisions that affect their lives. We built EngagementHQ to bring more voices into the conversation - and produce measurable engagement outcomes for your organization in the process. No matter where you are in your online engagement journey, we are here to help. When you become a Bang the Table client, you do not merely gain access to our platform - you join a global community of over 12,000 active global practitioners. As a community, we will share inspiration, advance thought leadership in the industry, and help you exceed your goals. From the very beginning, Bang the Table has been rooted in a deep passion for meaningful community engagement, and it is our privilege to offer The City of Kent the next seat at the 'Table.' In order to support our discussions we have prepared our recommendation along with some optional items. Please find this on the following pages titled ‘Pricing and Deliverables’. For your reference, additional details of the deliverables and optional items are outlined within Bang the Table’s Prospectus which follows the Pricing and Deliverables pages. Please let me know if you have any questions and we look forward to your feedback. Regards, Bang the Table Dan Keane Senior Account Executive dan.keane@bangthetable.com | 416-996-9965 Pricing and Deliverables The City of Kent - Single Department License (Parks, Recreation & Community Services) INITIAL COST: $10,000 plus applicable taxes This document and the information in it are provided in confidence, for the sole purpose of exploring business opportunities between the disclosing party and the receiving party and may not be disclosed to any third party or used for any other purpose without the express written permission of the disclosing party. Pricing is valid for 60 days. Item (included in cost above)Year 1 / Initial Ongoing EngagementHQ License ●Unlimited project capacity ●Branded homepage and choice of layouts, custom domain name, SSL ●Access to all Information Sharing Tools, Feedback Tools, Participant Relationship Management, Analytics (including sentiment analysis), Comment Tagging, Summary and Detailed Reports ●2 site administrator and 10 project administrator accounts $10,000 $10,000 + CPI Standard Onboarding ●30 minute kickoff meeting ●2 x 90-minute online sessions ●60-minute training and quality-assurance review before launch Free NA Free Free Add-Ons ●Optional add-ons described on next page NA NA EngagementIQ Support - Core ●Guaranteed SLA's 24/5 chat (15 mins) and email (2 hrs) support ●24/7 Moderation ●Concierge services available at hourly rate Pricing and Deliverables The City of Kent - Full City License (Enterprise) INITIAL COST: $20,000 plus applicable taxes This document and the information in it are provided in confidence, for the sole purpose of exploring business opportunities between the disclosing party and the receiving party and may not be disclosed to any third party or used for any other purpose without the express written permission of the disclosing party. Pricing is valid for 60 days. Item (included in cost above)Year 1 / Initial Ongoing EngagementHQ License ●Unlimited project capacity ●Branded homepage and choice of layouts, custom domain name, SSL ●Access to all Information Sharing Tools, Feedback Tools, Participant Relationship Management, Analytics (including sentiment analysis), Comment Tagging, Summary and Detailed Reports ●2 site administrator and 10 project administrator accounts $20,000 $20,000 + CPI Standard Onboarding ●30 minute kickoff meeting ●2 x 90-minute online sessions ●60-minute training and quality-assurance review before launch $2,500 NA Free Free Add-Ons ●Optional add-ons described on next page NA NA EngagementIQ Support - Core ●Guaranteed SLA's 24/5 chat (15 mins) and email (2 hrs) support ●24/7 Moderation ●Concierge services available at hourly rate Optional Add-Ons Pricing and Deliverables Further details are available in the Prospectus Item Year 1 / Initial Cost Ongoing Site Build Onboarding ●30 mins kick off meeting ●90 min site scoping session ●Site build up to 5 projects on receipt of approved content (includes site settings, homepage mapping and all tool setup), ●2 x 90 mins online accelerators for platform training, regular progress check-ins, access to help desk resources, accessibility audit, pre-launch quality assurance and testing $5,000 (replaces standard onboarding) NA $0 (replaces Essential / Partner support) $0 EngagementIQ Support - Partner ●Up to 20 hrs of Advice from a dedicated Practice Lead ●Annual Site Review and benchmarking report ●Up To 2 x 60 min refresher training ●Priority SLA's for Chat (5 mins) Email (1 hr) + 24/7 Moderation $5,000 (replaces Core / Essential support) $3,500 Custom Brand Integration Full brand integration including dynamic header and footer to match corporate or provided styles. $5,000 $1,000 Project Finder Embed any or all of your engagement projects onto any website $2,500 $1,000 Single-Sign-On (SSO) Create a simple and secure login process with SSO $2,300 $1,800 Additional Administrators $250 - $1500/each $250 - $1500/each Hubs (3-Tier Administration) - scoping required $5,000+ scoping required Marketplace Partners - upon inquiry Varies Varies EngagementIQ Support - Essential ●Up to 10 hrs of advice from a dedicated Practice Lead ●60 min Refresher training ●Guaranteed SLA's 24/5 chat (15 mins) and email (2 hrs) support ●24/7 Moderation Build stronger, more trusting communities through meaningful engagement Bang the Table Prospectus A comprehensive overview of the EngagementHQ platform and supported integrations, add-ons and services. Our Mission 1 Robust Democracy Requires Real Public Participation 2 Introducing EngagementHQ 3 A Full Spectrum of Engagement Tools 5 Inform your Community 10 Participant Relationship Management (PRM)11 Reporting and Analytics 13 24/7 Moderation 16 24/5 Technical Support 17 Service Level Agreement & Account Management 18 Introducing EngagementIQ 19 Expert Advice, Training and Support 20 Select your Level of Support 21 Book your Sessions 22 Add Custom Support 24 Our Community of Engagement Practitioners 27 Design and Customization Options 28 Theme Selection 29 Brand Integration & Project Page Layouts 30 Product Innovation and Enhancement 31 EngagementHQ Marketplace 32 Technical Specifications 35 Security and Privacy 36 Hosting 38 Accessibility & Device Compatibility 39 Contents Our mission is to enable public participation as a fundamental pillar of well-functioning 21st century democracies by forging constructive relationships between communities and the institutions of government. “You helped us quickly gather information from the community, especially groups and populations that do not come to the in-person meetings.” Chris Meschuk City of Boulder Our Mission 2Bang the Table ProspectusReturn to contents page Robust Democracy Requires Real Public Participation Through technology and deep industry knowledge, our aim is to continuously innovate and add value to the community engagement 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. Bang the Table was established because, no matter how well-designed the offline 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 in a safe, information-rich environment through an integrated range of online community engagement feedback tools. A diverse approach extends inclusiveness and gives the community better opportunities to have their say on issues that are important to them. The use of EngagementHQ, combined with our guidance and support, will provide an immediate and engaging online presence that will produce exceptional and measurable results. If you have questions about this prospectus, we would love to hear from you. Bang the Table U.S. 2400 Spruce Street, #204 Boulder, CO 80302 1-844-308-2907 W9 47-5582814 CANADA 300-1090 Homer Street Vancouver BC V6B 2W9 1-844-308-2907 PBN: 831001185 PG0001 BN: 831001185 RT0001 WCB # 940023 AA (007) AUSTRALIA Level 1, 96 Pelham Street Carlton, VIC 3053 Australia 1300-647-014 ABN: 96 127 001 236 ACN: 127 001 236 U.K. 27 Elder House, 4 Water Lane Kingston Upon Thames KT1 1AE 0800-779-7724 NEW ZEALAND Level 1, Awly Building, 287/293 Durham Street North, Christchurch 8013 New Zealand +61 3-9020-8628 “EngagementHQ has been a hit in our community, helping to turn innovative ideas into reality!” Dannette Robberson City of Parker Introducing EngagementHQ 4Bang the Table ProspectusReturn to contents page EngagementHQ 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. • 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. 5Bang the Table ProspectusReturn to contents page Participants can engage with each other. Comments, images and ideas are visible to the community. Participants cannot engage with each other. Data is stored in the backend and only accessible by admin. 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 admin. Each environment has a range of tools that are suitable for use on their own or in combination with others as part of a more robust methodology. Understanding your objectives, negotiables, and the types of information you need will be a key determining factor for your tool selection. A Full Spectrum of Engagement Tools EngagementHQ 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. Mixed environment Controlled environment Open environment FORUM IDEAS PLACES STORIES GUESTBOOK Q&A QUICK POLL SURVEYS 6Bang the Table ProspectusReturn to contents page IDEAS These virtual post-it notes are a way for your community to share what inspires them. Ideas can include images or media for context and participants can like and comment directly. • Include rich media content in the introduction • Unlimited amount of Ideas instances per project, with one featured Ideas instance • Indefinite or scheduled voting • Participants can like and comment on other people’s ideas • Include photos to support your idea • Enable social sharing of Ideas • Scheduled publishing • 24/7 moderation FORUM A safe and interactive space for your community to discuss and debate pertinent issues. Multithreaded discussions enable deeper engagement for passionate stakeholders. • Include rich media content in the introduction • Unlimited Forum topics per project page • Unlimited comments per Forum topic • Easy to read threaded replies • Participants can agree and disagree on other people’s comments • Enable social sharing of Forum topics • Allow unverified participation • 24/7 moderation Long Term Plan 2018-2028 - Have Your Say Hutt City “Why is improving our city’s environmental sustainability important to you?” - Our Wollongong A Full Spectrum of Engagement Tools Continued 7Bang the Table ProspectusReturn to contents page STORIES Help your community better understand, empathize, and relate to others and your project. Stories can be interactive and can include images or media to support context. • Include rich media in the introduction and thank you message • Allow other participants to comment on stories • Ability for participants to agree/disagree on other comments • Participants can turn off commenting on their story if they choose • Allow unverified participation • Enable notifications to admin when a new story is posted • 24/7 moderation PLACES Gather feedback and photos directly on a map with a simple pin drop. Geospatial maps offer participants a fun way to engage and see their contribution on a map. • Include rich media content in the introduction • Choose from 8 different map types • Unlimited Maps per project page • Allow unverified participation • Select from 200+ pin category icons • Supports multiple GIS layers in Shapefile, KML, WMS or draw your own formats • Draw custom map shapes, add points of interest and unique layer styles • Pin categories can be applied to group input • Survey responses, pin comments and pin photos are visible to the public • Include a mandatory or optional survey with each pin • 24/7 moderation Cogswell District Redevelopment Project - HALIFAX A Full Spectrum of Engagement Tools Continued Transportation Planning Projects - Be Heard Boulder 8Bang the Table ProspectusReturn to contents page GUESTBOOK Simple, streamlined, and moderated space for your community to upload comments. Comments are moderated to manage what appears publicly so your engagement stays on topic. • Include rich media content in the introduction • Allow unverified participation • Pre or post moderation (moderation happens before or after the comment in published) • Send acknowledgment to participant that comment is posted • Send notification to the admin when a new comment is added • 24/7 moderation Q&A Receive questions in a managed space that accommodates your public or private responses. • Include rich media content in the introduction • Respond to questions privately (an email is triggered back to the participant) or publicly (both question and responses appear on the site) • Allow unverified participation • Send notifications to administrators when new questions are posted • Send notifications to participants when their question has a response • Ability to customize notifications and add subject matter experts to manage your Q&A • Enable social sharing of questions Transportation Master Plan - Have Your Say Guelph Ask HR - Engage Tigard A Full Spectrum of Engagement Tools Continued 9Bang the Table ProspectusReturn to contents page SURVEYS Encourage your community to voice their opinions using a variety of question types and rich media in a convenient and guided way. • Choose from 14 different question types • Apply skip and conditional logic to your questions • Include images or videos in survey questions • Schedule survey publishing and archiving • Option to display survey results to participants • Participants can save the progress of their submissions • Ability to upload documents to support submissions • Easily clone Surveys to save time • Easily pin Surveys using the Places tool • Enable social sharing for Surveys • Configure Survey as a petition • Use multiple Surveys on any project • Allow single or multiple submissions • Download printable surveys for face to face engagements and offline sharing • Customize and export Survey reports for stakeholders QUICK POLL Ask a single question and get immediate insight with this quick and targeted tool. Polls are an easy way to activate simple engagement with a single question. • Include multiple Quick Polls on the same project page • Use Quick Poll as a widget or a tool • Allow unverified participation • Only one vote is allowed per user, even for unverified participants (cookies are used to prevent multiple submissions) • Show votes instantly, before or after the participant has voted Character Design Forum - Your Say Brisbane A Full Spectrum of Engagement Tools Continued 10Bang the Table ProspectusReturn to contents page Inform your Community EngagementHQ incorporates a range of information tools to support your digital engagement objectives. Use these tools to highlight your key content and information resources, making it easier for your audience to self-educate and explore important issues in depth. RELATED PROJECTS Showcases related projects to cross-pollinate engagement and promote self- learning. IMPORTANT LINKS Lets you display a list of links important to your project. PHOTOS The photo gallery displays two custom images from an unlimited capacity image gallery. VIDEOS The video gallery displays two custom video stills from an unlimited capacity video gallery. DOCUMENTS Displays the key documents from your library as individual items or in folders. ADVANCED SHARING CORE PROJECT INFO LIFECYCLE Outlines the stages of your project to your community and communicate project progress as you move through each stage. WHO’S LISTENING Humanizes projects by displaying profiles of the people listening to feedback on your project. KEY DATES Displays and promotes key dates associated with the off-line engagement process such as public meetings. FAQ Displays a short list of frequently asked questions and answers about your project with a link through to the FAQ page. RICH MEDIA FOLLOW PROJECT Allows registered and unregistered participants to subscribe to the project. SIGN UP BANNER Encourages your community to register and builds your participant database. NEWS CATEGORIES Automatically adds a list of categories from your published news articles. QUICK POLLS Provides a transparent and accessible way to capture public sentiment quickly. CUSTOM Allows the integration of embedded content from any third-party source. PROJECT UPDATES Information tools can be customized to align with your organization’s language and your site’s look and feel. 11Bang the Table ProspectusReturn to contents page A powerhouse relationship management system, PRM gathers participant data through your site registration process and integrates their profile data with their interactions and feedback, helping you better understand and engage with your community. Maintaining a database of your participants and their interactions eliminates the need to rely 100% on project promotion to drive participation and ensures people are kept informed throughout a project’s lifecycle to validate participation. TARGETED COMMUNICATIONS EngagementHQ has segmentation functionality that allows administrators to target registered participants via email. Targeting can be based on various data points such as prior interest, participation in past projects, demographic information collected during the registration process, and so on. These criteria are then used to create Groups, which are then used to target participants with topic specific messaging via the newsletter feature. NEWSLETTERS Syncing with your other EngagementHQ tools and data, our built-in newsletter gives you one easy platform to work from. The designs are simple to work with and include preview and test functions, and audience selection and filtering. SOCIAL INTEGRATION Easily connect your social platforms to EngagementHQ. Provide social login ability for participants (via Google, Facebook or Twitter), enable social sharing of your projects, and embed social feeds into your engagement platform and projects. Participant Relationship Management (PRM) Create an email list of past project participants Send email updates to participants through EngagementHQ Our Participant Relationship Management (PRM) system is our flagship community- building system. It makes long-term engagement with your community easy by building historical data of participants through their preferences and interactions across your projects on EngagementHQ. This enables powerful segmenting and deeper analysis for your engagement program. 12Bang the Table ProspectusReturn to contents page Participant Relationship Management (PRM) Continued Project Visibility Modes The visibility tool gives your projects three modes of visibility: ‘Public’ (anyone can view and participate), ‘Paneled’ (anyone can view, but only invited panelists can participate), or ‘Protected’ (only selected groups can view and participate). • Participants can create a profile via a registration form configured by you. The only fields required to participate are a participant-defined username, password, and email address. Additional fields can be configured to support deeper data analysis and community understanding. Demographic analysis features can be run using participant data collected in your registration form, providing better insights and actionable feedback from community input. • Our engagement tools allow anonymous and registered participation, as configured by administrators. • User profiles and user passwords are encrypted at rest using bcrypt and a hash; data is also encrypted in transit by applying an SSL certificate. • EngagementHQ will also log available participant information and make it visible in the Participant Relationship Management dashboard, and accessible via the Analytics Reporting tool. • Usernames and email addresses are checked for uniqueness at create and edit points. • When logged in, participants can access their profile to update their preferences. • Participants can reset forgotten passwords using the “forgotten or reset password” process, which can be accessed at any time with a verified email address. 13Bang the Table ProspectusReturn to contents page 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, or your entire project history. 14Bang the Table ProspectusReturn to contents page Reporting DASHBOARD Monitor site visits, registration numbers and active participants coming to your EngagementHQ site. See how your marketing efforts are working to drive participation. And easily access recent community responses for review. PROJECT REPORTS See a summary of visitor insights, channel referrals and participation for each engagement project. Filter to identify traffic sources for one, many or all of your projects within the same report. Understand which feedback tools and widgets are being used the most by participants, which projects have the most contributions and how participants interact with your site. TOOL REPORTS Dive deeper into your feedback tools to understand how participants interact with a specific tool across all of your projects. Layer demographic questions from your registration form into your reporting to better understand which segments of the community are represented and more importantly, which segments are not that need to be, before you start deeper analysis. CUSTOM DASHBOARDS Through our EngagementIQ services, you can embed custom dashboards from services such as Zoho directly into your EngagementHQ site. These reports can be generated at the close of your engagement project and provide a nice visual way to close the loop with your participants and stakeholders. You may also integrate EngagementHQ with Google Analytics for more insight into how your visitors interact with your site. Run reports directly within the EngagementHQ 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. Reporting and Analytics Continued 15Bang the Table ProspectusReturn to contents page TEXT ANALYSIS Understand which issues are important to your community by analyzing comments across tools, including Forum and Survey tools. Keyword tags can be applied allowing you to identify key themes across the data that can be further segmented by both demographic and sentiment for deeper analysis. DEMOGRAPHIC FILTERING Use the demographic details you collect from participants during the registration process to filter your feedback data and identify trends within your community segments. SENTIMENT ANALYSIS Through the use of Artificial Intelligence (AI), EngagementHQ’s sentiment analysis feature will assign positive, neutral, mixed, or negative sentiment labels to each text based response, showing you a summary of community sentiment around a particular topic. Demographic filters can be applied for deeper understanding of community needs. SURVEY ANALYSIS Get a detailed report of all your survey responses to see specific answers by each community member to each survey question. Download survey questions and answers with easy to understand graphs and charts that summarize community responses for each question. Advanced Analytics Extracting meaningful insight from large quantities of text based responses is made approachable in EngagementHQ by applying demographic filtering, sentient analysis, and comment tagging to your feedback data. Reporting and Analytics Continued 16Bang the Table ProspectusReturn to contents page Mitigate risk and keep your community protected. Expert moderation protects you and your community against bullying, heckling, and inappropriate behavior as well as ensuring that your forums and discussions are on-topic and privacy is protected. It is an essential solution for any government department or organization with a legal obligation to protect the right to free speech. The service is designed to protect you and your community. Our moderation policy can be found at the bottom of all client sites. EngagementHQ first filters all posts to remove spam and to look for high-risk language. Comments containing bad language do not appear on the site and are instead routed to a moderator to check if they are permissible. All other content on Ideas, Places, Discussion Forum, and Guestbook tools are reviewed by our expert moderators within 2 hours of posting, 24/7. Comments found to be contrary to the moderation rules are removed with a clear reason being emailed to the participant who posted the comment, giving them the option to repost in a way that does not violate moderation rules. As administrators, you can always access removed content on request, and if you disagree with our moderators, you can request to have content reinstated on your site. Thankfully, our experience shows moderators remove less than 1% of all content as our timely and independent intervention can prevent a discussion going off the rails. Posts to the Stories and Q&A tools are moderated by our clients in the administrative interface. For these tools, nothing appears on the site without your team giving it the green light first. Questions to the Q&A tool require an answer, and Stories can contain rich media, which is why we leave moderation of these elements to your team. * English and French 24/7, Spanish 24/5. 24/7 Moderation* 17Bang the Table ProspectusReturn to contents page Live chat, in-application support, and helpdesk EngagementHQ delivers more than just an online engagement platform. It is serviced by real people who answer the phone and respond to live chats and email. EngagementHQ is also the product of nearly a decade of community best practice, and our knowledge base reflects that. Communicate directly with a human to discuss and identify issues, and to receive updates on process and resolution. HELPDESK Our customer experience team can be contacted for user, technical, and practical support. Email: support@engagementhq.com Web: helpdesk.bangthetable.com 24/5 Technical Support 18Bang the Table ProspectusReturn to contents page Service Level Agreement When a support ticket is opened, our customer experience team will assign a severity level to each ticket and will work to resolve the issue within the designated response time, according to the severity level of the issue raised. SEVERITY LEVEL EXPECTED RESPONSE AND RESOLUTION TIMES Critical core function site issue Resolution within 4 hours Minor critical core function site issues Response within 2 hours and resolution within 1 business day Non-critical core function site issue Resolution within 2 business days Minor non-critical core function site issues Resolution occurs as soon as possible, no later than 10 business days Account Management Runs parallel with services and support: You can call or email your assigned Engagement Manager during regular business hours (EST), and either submit a help ticket to our support team using the in-app chat function or directly via email, at any hour of the day. Your Engagement Manager will help your team use the EngagementHQ platform to its fullest capability, aligning with your objectives and guide training, suggest product feature enhancements and services to further support your team and build capacity where you need it most. Introducing EngagementIQ “I have had such wonderful support from Bang the Table staff in my use of our Let’s Talk platform as well as from the webinars and online support for all of the questions I have had about creating projects.” Simone Zrna City of Murray Bridge 20Bang the Table ProspectusReturn to contents page ADVICE Get expert digital engagement advice Need help planning for and delivering your next digital engagement? Our engagement team can help you achieve project success with advice to help you deliver best-practice digital engagement. TRAINING Get the most from EngagementHQ Take your use of EngagementHQ to the next level. Work with our engagement team to learn how to use the features of EngagementHQ including advanced features and more. SUPPORT Solve any issues with 24/5 support Struggling with technical questions? Having problems setting up tools? Our world- class client experience team can help you overcome the trickiest of problems, via online chat and email. MODERATION Rely on our content moderators 24/7 Our global network of experienced and mature moderators keeps any public- facing conversation safe and on-topic for participants and protects you from any risks associated with inappropriate content. Whether you’re looking for quick strategy advice, help delivering a project or additional online training for your team, our EngagementIQ team have you covered. Expert Advice, Training and Support 21Bang the Table ProspectusReturn to contents page Core ADVICE Our core offer for all EngagementHQ clients includes: • Help desk resources for self-directed learning • Invitations to client meetups & professional development workshops • Regular monthly webinars TRAINING Face-to-face and online training available on request. SUPPORT Our guaranteed support commitment for all EngagementHQ clients: • 24/5 chat & email support • 15min first response chat • 2hr first response email Essentials ADVICE Utilize up to 10 hours of support and advice from an EngagementIQ team member for assistance with: • Setting up projects & tool selection • Database management • Developing organizational capacity & processes • Planning your projects TRAINING 1 x 60min instructor-led online refresher training per annum. SUPPORT Our guaranteed support commitment for all EngagementHQ clients: • 24/5 chat & email support • 15min first response chat • 2hr first response email Partner ADVICE Work with us as your strategic Partner, with up to 20 hours of support and advice from a dedicated EngagementIQ team member who can assist your team with: • Strategies for driving participation • Utilizing different methodologies • Best-practice planning & tool selection • Organizational buy-in • Support for major projects • Design & layout Includes annual Benchmarking Report with strategic recommendations for improving practice. TRAINING Up to 2 x 60 min online training sessions for advanced product training. SUPPORT Prioritized SLA’s for first-in- queue support: • 24/5 chat & email support • 5min first response chat • 1 hr first response email Custom ADVICE Build your own requirements and tailor a support plan for your specific needs. Custom plans are suitable for larger teams or clients looking for whole-of-organization approaches to engagement. If you have other requirements, get in-touch to discuss. Select your Level of Support Choose a plan most suited to your needs. We have options for organizations at every stage of their journey with EngagementHQ. 22Bang the Table ProspectusReturn to contents page Essential Example session plan Flexibility for small teams and experienced organizations. Work with your EngagementIQ team member to map out your support plan. Schedule or access online sessions when you need via an online booking calendar. Catch up via chat, phone or video conference. Book Your Sessions SESSION 1 Tools & Planning Learn how to choose the right tools and use the best approaches for your upcoming digital engagement projects. Utilize planning templates to identify your objectives, methodology and risks. SESSION 2 Driving Participation Strategic progress check-in. Learn and discuss strategies for driving participation and managing your PRM as an essential engagement asset. SESSION 3 Deepening organizational buy-in Half-year discussion about progress. Session to focus on organizational adoption and strategies for embedding engagement in the organization. SESSION 4 Performance evaluation and goal setting Major projects review. Learn best practices for evaluating digital engagement performance and investigate opportunities for benchmarking and improvement. REFRESHER TRAINING Instructor-led online session for new team members and current site admins with a focus on EngagementHQ functionality and improving product utilization. This session can be tailored to meet your needs and requested on demand throughout your license year. PROJECT SUPPORT Utilize some of your packaged hours for support in planning and delivering your projects. Schedule a session with your EngagementIQ team member prior, during and after your project is complete for expert support and advice for whole project delivery. 23Bang the Table ProspectusReturn to contents page Partner Example Session Plan Get in-depth advice, training and support for your whole team. SESSION 1 Strategies for Organizational Adoption Discuss organizational priorities and establish goals and objectives for organizational adoption and buy-in. Plan a strategy for building internal capacity to deliver a coordinated digital engagement program. SESSION 2 Developing policies and procedures Focus on developing and establishing internal processes which support coordinated engagement and best-practice use of EngagementHQ. Review internal engagement policies and discuss opportunities for incorporating digital engagement guidelines. SESSION 3 Best practice project planning and writing engaging questions Discover best-practice approaches for planning for digital engagement using EngagementHQ and discuss methods for writing engaging questions which can better harness online tools. ADVANCED EngagementHQ SKILLS TRAINING Instructor-led online session for advanced skills training to improve product utilization. This session can be tailored to meet your needs and requested on demand throughout your license year. PROJECT SUPPORT Save some of your packaged hours to support your colleagues in planning and delivering their projects. Partner packages provide enough support to ensure all your site admins and project admins can access EngagementIQ advice when they need it the most. SESSION 7 Site review and benchmarking Go over your annual site review and benchmarking report with us in detail and develop a implementation plan for addresses our strategic recommendations. SESSION 4, 5 & 6 Major project support Planning - Execution - Reporting Partner with us throughout the delivery of a major project for advice and assistance with planning, project delivery, support throughout your consultation and guidance on reporting. Book Your Sessions Continued 24Bang the Table ProspectusReturn to contents page The new Bluehaven interface offers administrators intuitive navigation, in-app tours and helpful prompts to guide learning and feature discovery. Getting Started with EngagementHQ Getting started with digital engagement requires strategic thinking, site scoping, project support and training. Our recommended onboarding process helps you start off on the right note with rigorous site scoping, EngagementHQ platform training, quality assurance and testing before you launch. Add Custom Support Site Build Our engagement team will build your site for you, including tool setup, managing site settings, homepage creation, ensuring accessibility and creating your first projects. ACCESSIBILITY AUDIT Ensure your new site is inclusive for all residents. Our team will review for missing alt text, heading structure usage, color contrasts and complexity of your project copy. LAUNCHREVIEWSITE BUILDPLANNING Site Delivery Self-directed Site Build Pre-launch Quality Assurance and Testing Launch Site Kick-off Meeting Site Scoping Session Online Training Online Training Onboarding Process LAUNCHREVIEWSITE BUILDPLANNING Site Delivery We Receive Your Content We Build Your Site Site Build Iterations Pre-launch Quality Assurance and Testing Launch Site Accessibility Audit Kick-off Meeting Site Scoping Session Online Training Online Training Custom Onboarding 25Bang the Table ProspectusReturn to contents page Training Our EngagementIQ Team can provide tailored training to suit any organization. IN-HOUSE TRAINING AND WORKSHOPS Host our EngagementIQ Team at your organization and learn a wide-range of skills and strategies for use in digital engagement. ONLINE ACCELERATORS Rapidly increase your knowledge of digital engagement and EngagementHQ with tailored on-demand online training for your team. ONLINE COACHING Develop a professional learning plan for you and your team and work with a coach on new approaches and challenges to enhance your digital engagement practice. Project Delivery Get extra help with major projects to ensure your team delivers high-quality and efficient digital engagement. PROJECT PAGE BUILD Allow us to build your project page for you, including tool setup, testing and page iterations. SURVEY DESIGN Get assistance developing the perfect survey which allows for thorough analysis and informed decision making. PREMIUM PROJECT SUPPORT Ensure business continuity when your under-resourced and allow us to support our digital engagement project needs. Add Custom Support Continued 26Bang the Table ProspectusReturn to contents page Data Analysis and Reporting Bring your engagement data to life with a range of services to help with analysis and reporting to build trust with community and make better decisions. INTERACTIVE PROJECT DASHBOARDS Take your project data and transform it into a unique and embeddable interactive dashboard to help project teams and the community visualize your engagement outcomes. SITE REVIEW AND BENCHMARKING REPORT Take a deeper look at your engagement practices using EngagementHQ and get strategic recommendations and performance benchmarks to help improve your practice. COMMENT TAGGING AND ANALYSIS Allow us to tag and code your qualitative feedback and develop an interactive report that enables you to better analyze unstructured text. Add Custom Support Continued 27Bang the Table ProspectusReturn to contents page Our experience is built on shared knowledge of best practices and insights among Bang the Table and our clients, professional networks, and communities, all interested in fostering stronger public engagement. Their willingness to share, be challenged, and experiment has afforded Bang the Table the luxury of leading the online engagement industry for nearly a decade. Our Community of Engagement Practitioners Bang the Table supports approximately: 12,000+ active practitioners using EngagementHQ 570+ communities and government organizations around the globe 11 million+ participants engaging across all of our client’s sites 58,000+ active subscribers to our mailing list 28Bang the Table ProspectusReturn to contents page “The platform interface is fantastic and really user friendly, so I am sure I’ll be able to pick this up in no time!” Maddie Brough City of Launceston Design and Customization Options 29Bang the Table ProspectusReturn to contents page Theme Selection EngagementHQ can be structured and branded to support your corporate identity. Website design, information architecture, and visual branding are all critical elements of your community’s online experience. With EngagementHQ you can customize the look of your site to match your corporate look and feel. CLEAN SKIN DELIVERY EngagementHQ is delivered as an ‘unbranded’ website. You choose your colors, add your corporate logo, header banners, and any images. HOMEPAGE TEMPLATES EngagementHQ comes with the choice of four homepage layouts suitable for different organizational needs straight out-of-the-box. HOMEPAGE TEMPLATE EXAMPLES Whitehaven Torquay Bondi Coral Bay 30Bang the Table ProspectusReturn to contents page Brand Integration Bring the look and feel of your organization’s brand to your EngagementHQ platform. With Brand Integration, our team will incorporate your unique website header, footer, fonts, colors and other design elements into your EngagementHQ site, providing a seamless experience for your participants. Navigation elements can be integrated either statically or dynamically. Once branding elements have been integrated, they are applied to all future projects. Brand integration is offered as a custom site build option through our EngagementIQ services. Project Page Layouts Project pages are designed to be the one stop shop for all of your ongoing conversations. The layout allows your team to educate your community through the built-in content management system and educational tools, while also collecting their feedback. Project pages can handle rich media embedded content, including videos and photos, making it easy to educate your different audiences. Tools are turned on or off with single-click functionality, and the content management system will walk you through the creation of new project spaces. Flexible page layouts: Each EngagementHQ project page can be structured to meet your specific project needs with the choice of multiple engagement tools and information widgets. Lake Macquarie City Council Website Lake Macquarie City Council EngagementHQ Site 31Bang the Table ProspectusReturn to contents page “I wanted to say a big thank you for implementing the SSO for Engage Bayswater so quickly! I’m already finding it much simpler to use and I’m sure others will as well.” Janelle Easthope City of Bayswater Product Innovation and Enhancement 32Bang the Table ProspectusReturn to contents page EngagementHQ was built to support a strategic development cycle that will bring consistent product innovation and feature advancement for our clients. With quarterly release schedules, backed by rigorous testing and deployment processes, EngagementHQ will continue to deliver best in class tools and applications that move the practice of digital engagement forward for our clients around the world. EngagementHQ Marketplace Build your communications and engagement ecosystem through our partnerships and integrations. Expand your capability and reach, these powerful solutions can be added to your EngagementHQ platform to create a seamless user experience for both participants and administrators. 33Bang the Table ProspectusReturn to contents page Project Finder Project Finder allows you to embed any or all of your engagement projects onto any website. Through keyword filtering, participants can search and filter your active projects to find topics of interest without coming to your EngagementHQ site directly. By clicking into the project from the embeddable tool, participants will be taken to your engagement site to participate and provide feedback. You may customize the visual appearance when embedded on your site to match and the projects displayed will automatically update as new projects are published. Authorized Single Sign On (SSO) for Administrators Create a simple and secure login process with SSO. Connect your existing staff database to your EngagementHQ platform allowing your administrators to use the same login for all systems. Your IT team maintains access to your systems and passwords can follow your internal security protocols. Email client integration Connect your email service provider account with EngagementHQ and run branded email campaigns to promote your digital engagement projects. We currently integrate with Campaign Monitor, Emma, Mailchimp, Vision6 and Constant Contact, others to be added based on need. EngagementHQ Marketplace Continued 34Bang the Table ProspectusReturn to contents page Partnership Integrations Bang the Table has partnered with other leading solution providers around the world to build a comprehensive ecosystem for community engagement practitioners BUDGET ENGAGEMENT BALANCING ACT Balancing Act budgeting software embeds seamlessly within an EngagementHQ project page, enabling you to run interactive budget simulations for residents to explore various budget scenarios and get feedback during your budgeting process. PDF/CONTENT ENGAGEMENT KONVEIO Engage with stakeholders around official documents such as city plans or PDF reports, directly in EngagementHQ. The Konveio software embeds seamlessly in a project page and makes interactive publishing, reviewing and commenting on city documents more social. Participants can add feedback, expand on ideas with contextual insights, or add rich media overlays right within the shared PDF document. SMS ENGAGEMENT MESSAGE MEDIA Send bulk SMS (text) messages to promote your engagement projects and close the loop with your community. The Message Media platform integrates with EngagementHQ, allowing you to send Quick Polls or Forum postings to stakeholders and funnel those replies automatically into your EngagementHQ site for further analysis. GOVDELIVERY SUBSCRIBER NETWORK GRANICUS Through our partnership with Granicus, EngagementHQ can be integrated with your govDelivery account allowing you to proactively solicit, receive and analyze feedback on your engagement projects through your subscriber network. Participants that follow your projects on EngagementHQ will also be added to your govDelivery network. EngagementHQ Marketplace Continued 35Bang the Table ProspectusReturn to contents page Technical Specifications 36Bang the Table ProspectusReturn to contents page Security and Privacy Bang the Table takes the protection of your information and the information of your community extremely seriously. We have made a commitment to comply with the standards of all jurisdictions in which we do business. We have outlined some of the measures that are a result of this commitment to information security. As always, we are happy to provide further detail when requested. Compliance ISO 27001 Our information security management system (ISMS) which underpins all of our operations has been successfully certified to ISO/IEC 27001:2013, the global standard for information security management. GDPR The European Union’s General Data Protection Regulation (GDPR) protects European Union data subjects’ fundamental right to privacy and the protection of personal data. It introduces robust requirements that will raise standards for data protection, security, and compliance. Security We go to great lengths to protect the data we store for you. APPLICATION Our applications are continually monitored and tested for security weaknesses by our Engineering team. We perform regular and ongoing internal application security assessments to discover and mitigate potential weaknesses based on OWASP rating and methodology. We use automated tools as well as manual testing processes to make sure we are as secure as possible all of the time. The operating systems and databases running our servers are continually monitored and patched with the latest security fixes by Rackspace. The web framework is continually monitored and patched by our internal development teams. 37Bang the Table ProspectusReturn to contents page An independent third party carries out comprehensive Vulnerability Assessment and Penetration Testing (VAPT) of EngagementHQ once a quarter. Results of the latest VAPT are available upon request. DATA We have strict data access rules in place with detailed logging to prevent theft and misuse. Access is limited to key personnel involved in maintaining our services and support. Interaction with client data is only at the request of the client. EngagementHQ provides role-based access controls with unique usernames and one- way password encryption to help clients manage their own logins. SSL certificates and Single Sign On integration are available for further protection. Data is stored within a mySQL database on AWS RDS with attachments stored within AWS S3. All data stored on AWS RDS is encrypted using AWS provided - AES-256-GCM encryption standards. Amazon RDS has multiple features that enhance reliability for critical production databases, including automated backups, DB snapshots, automatic host replacement, and Multi- AZ deployments. NETWORK Our application is hosted on the large, Internet-scale, world-class infrastructure that benefits from the same engineering expertise that has built Amazon into the world’s largest online retailer. AWS’s networks are multi-homed across a number of providers to achieve Internet access diversity. We utilize the Amazon Virtual Private Cloud (VPC) to create an isolated ecosystem for EngagementHQ. The AWS network uses proprietary mitigation techniques providing significant protection against traditional security issues such as Distributed Denial of Service (DDoS) Attacks, Man in the Middle (MITM) Attacks, IP Spoofing, Port Scanning, etc. Additionally, our inbound firewalls are configured to permit only the absolute minimum connectivity required to provide the service to our clients. Any changes to the access rules require authorization. Privacy Bang the Table makes no use of the personal information provided by your community. This is your data and we will only access this information to render assistance as part of a support ticket. We log and audit all such access. Security and Privacy Continued 38Bang the Table ProspectusReturn to contents page Hosting INFRASTRUCTURE Your EngagementHQ site is hosted on Amazon Web Services (AWS) infrastructure within your jurisdiction as below: AWS is the leading cloud services provider in the world. Their suite of products and services, security controls, scalability, reliability, astonishing number of datacenters, flexibility and continued innovation make them the absolute best choice for hosting in the cloud. AWS cloud infrastructure meets the requirements of an extensive list of global security standards, including ISO 27001 and SOC. See the AWS Compliance page at: aws.amazon.com/compliance for more information. MANAGED SERVICES We have contracted Rackspace to manage our hosting environment 24x7. They provide us with operational and strategic support to ensure our systems are best- in-class, secure and available at all times. Like AWS, Rackspace are a global company certified for a wide range of international security standards confirming their operations are safe and trustworthy, see: www.rackspace.com/certifications. AVAILABILITY AND DISASTER RECOVERY We guarantee 99.75% availability and our uptimes have historically remained above “three 9s” (99.9%). Our guarantee is backed by our SLAs. Even though we take all conceivable measures to ensure our service to you is uninterrupted, as with life, major events completely beyond our control can interrupt our service. We take nightly backups and have a well-tested recovery plan in place to minimize potential disruption from major events. 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. COUNTRY HOSTING LOCATION Australia AWS, Asia Pacific (Sydney) New Zealand AWS, Asia Pacific (Sydney) Canada AWS, Canada (Central) United Kingdom AWS, EU (London) United States of America AWS, US West (Northern California) 39Bang the Table ProspectusReturn to contents page Accessibility EngagementHQ is compliant with version 2.1 of the Web Content Accessibility Guidelines (WCAG 2.1) to Level AA standards. An independent third party carries out a comprehensive Accessibility audit of EngagementHQ once a quarter. Results of the latest audit are available upon request. While the guidelines set out in WCAG 2.1 recognize that it is not possible to conform for some types of content, we have undertaken a commitment to continually work on this and leverage new technology to further improve accessibility. We do this by keeping up to date with the latest advances in accessibility techniques and acting on recommendations from the quarterly audits. We also treat any issues identified by clients or participants as a matter of urgency and remain responsive to address the issues. Device Compatibility EngagementHQ is designed for small and large screen sizes, providing an accessible and full functionality experience for the community from mobile phones, tablets, and desktop devices. EngagementHQ supports the full range of major browsers including: • Microsoft Edge and Internet Explorer (IE) 11 • Chrome 40 and above • Firefox 35 and above • Safari 7 and above Thank you for your consideration! Signature: Email: Signature: Email: Signature: Email: Terry Jungman (Apr 26, 2021 12:16 PDT) Terry Jungman tjungman@kentwa.gov rlashley@kentwa.gov Melissa McCormick (May 3, 2021 09:04 PDT) Melissa McCormick cityclerk@kentwa.gov E-TRANSMITTAL: Outreach Platform Subscription License Agmt. Final Audit Report 2021-05-03 Created:2021-04-26 By:Lynn Osborn (losborn@kentwa.gov) Status:Signed Transaction ID:CBJCHBCAABAAGIVCPsmrMAifnl4uQYWT5-YtlTX70Fvf "E-TRANSMITTAL: Outreach Platform Subscription License Ag mt." 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