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AG 22-005 - BANG THE TABLERETURN TO: Kari simmer EXT: 2629 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Community Department 2. ORIGINATING STAFF PERSON- AAmrbieeit— ,W-V CA Yb MnL EXT: 2601 3. DATE REQ. BY: ASAP 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION N CONTRACT AMENDMENT (AG#): 22-005 ❑ INTERLOCAL 0 OTHER 5. PROJECT NAME: Granicus - Engagment Hub Extension 6. NAME OF CONTRACTOR: Granicus ADDRESS: 40e Saint Peter street, suite 600 TELEPHONE 651-362-1349 E-MATL: olive.notzinger@granicus-corn FAX: SIGNATURE NAME: Brendan Stierman TITLE Manager, Contrasts 7. EXHIBITS AND ATTACHMENTS: O SCOPE, WORK OR SERVICES A COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 1 /01 /2023 COMPLETION DATE: 12/31 /2023 9. TOTAL COMPENSATION $ 26,060.21 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ONO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 10YES VNO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED A PURCHASING: PLEASE CHARGE TO: 119-7300-961-514-60-410 10. DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED A PROJECT MANAGER KN KN ® DIRECTOR KN KN ❑ RISK MANAGEMENT (IF APPLICABLE) X LAW KVA 12/21/2022 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: "/A COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: t2r2tn2 DATE REC'D_ 12/21n2 A ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL / DATE SIGNED 0 LAW DEPARTMENT KVA 3/9/2023 A SIGNATORY (MAYOR OR DIRECTOR) KN 3/9/23 f CITY CLERK ❑ ASSIGNED AG# # COMMENTS: 3/9/23 -This is [ollow-up to complete [hie amendment, gel a revised AG 8, and new PO so CD can pay This vendor �..0 ("C1C�iC 2/2017 DocuSign Envelope ID: 8139130B134-AA1 F-415F-A7E6-EC46l33F945E7 G GRAN ICUS 408 Saint Peter Street, Suite 600 THIS IS NOT AN INVOICE Saint Paul, MN 55102 United States Granicus Proposal for Federal Way WA ORDER DETAILS Prepared By: Olive Nofzinger Phone: Email: olivia.nofzinger@granicus.com Order #: Q-236646 Prepared On: 11 /30/2022 Expires On: 12/31/2022 ORDER TERMS Order Form Prepared for Federal Way WA Currency: USD Payment Terms: Net 30 (Payments for subscriptions are due at the beginning of the period of performance.) Current Subscription End Date: 12/31/2022 Initial Order Term End Date: 12/31/2025 Period of Performance: 01 /01 /2023 - 12/31 /2023 Order #: Q-236646 Prepared: 11 /30/2022 Page 1 of 6 DocuSign Envelope ID: 8B9BOBD4-AA1F-415F-A7E6-EC46B3F945E7 GO ORANICUS Order Form Federal Way WA PRICING SUMMARY The pricing and terms within this Proposal are specific to the products and volumes contained within this Proposal. One-Trne Fees Solution Billing Quantity/Unit One -Time Fee Frequency Implementation - Enablement of EHQ Hubs Up Front 1 Each $0.00 SUBTOTAL: $0.00 New Subscription Feesqw: Jy , Solution Billing I Quantlty/Unit Annual Tree FrequencyI _ EHQ Hubs � Annual 1 Each $5,000.00 SUBTOTAL: ,_ $5,000.00 Renewing Subscription Fees Solution BillingFrequencyQuantity/Unit Annual Fee EHQ Unlimited Annual 1 Each $17,762.00 SUBTOTAL:; $17,762.00 Order #: Q-236646 Prepared: 1 1 /30/2022 Page 2 of 6 DocuSign Envelope ID: 8B9BOBD4-AA1F-415F-A7E6-EC46B3F945E7 hpEk GRAN ICUS Order Form Federal Way WA FUTURE YEAR PRICING Period of Performance Salutlan(s] 01 /0 1 /2024 - 12/31/2024 01/01/2025-12/31/2025 EHQ Unlimited $19,005.34 $20,335.71 EHQ Hubs $5,350.00 $5,724.50 SUBTOTAL: $24,355.34 $26,060.21 Order #: Q-236646 Prepared: 11 /30/2022 Page 3 of 6 DocuSign Envelope ID: 8B9BOBD4-AA1F-415F-A7E6-EC46B3F945E7 G GRANICUS Order Form Federal Way WA PRODUCT DESCRIPTIONS Solution Description: EHQ Unlimited Unlimited engagement package for teams;- Annual subscriptions Unlimited engagement projects per year- Two Site Administrator - Unlimited Project Administrators- Access to all standard tools including embeddable Surveys/polls, Forums, Guestbook, Stories, G&A, Ideas, Places and Newsfeedi Customizable registration form and Participant Relationship Manager (PRM) • Appearance editor for homepage management, branding and styling• Access to reporting and analysis tools including Survey Analysis, Text Analysis with sentiment, tool and project dashboards, customisable PDF survey reports and downloadable excel reports- Newsletters for project updates and project communication• 24/7 independent moderation EHQ Hubs Hubs add -on for advanced web management; Implementation - Enablement of EHQ Hubs • Up to five project Hubs for managing different project collections One Hub Administrator Set up and configuration of Hubs add -on for EHQ. Order #: Q-236646 Prepared: 1 1 /30/2022 Page 4 of 6 DocuSign Envelope ID: 8B9B0BD4-AA1 F-415F-A7E6-EC46B3F945E7 GRANICUS Order Form Federal Way WA TERMS L CONDITIONS • Link to Terms: https://granicus.com/legal/licensing • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Federal Way WA to provide applicable exemption certificate(s). Any lapse in payment may result in suspension of service and will require the payment of a'setup fee to reinstate the subscription. • Notwithstanding anything to the contrary, Granicus reserves the right to adjust pricing at any renewal in which the volume -has -changed from the prior term without -regard -to the prior term's-per-unit_pricing. Order #: G-236646 Prepared: 11 /30/2022 Page 5 of 6 DocuSign Envelope ID: 8B9BOBD4-AA1F-415F-A7E6-EC46B3F945E7 ORAN ICUS BILLING INFORMATION Billing Contuct: Billing Address: Bluing Eman: Purchase Order Required? PO Number: If PO required Billing Phone: Order Form Federal Way WA [ ]-No [ ] - Yes If submitting a Purchase Order, please include the following language: — the pricing, terms, —and conditions of quote-Q--236U6 crated-1 l-/30/2022 are-irrcorporatedinto-this-Purchas Order by reference and shall take precedence over any terms and conditions included in this Purchase Order, AGREEMENT AND ACCEPTANCE By signing this document, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. Exhibit A: Master Subscription Agreement Terms & Conditions Order #: Q-236.646 Prepared: 11 /30/2022 Page 6 of 6 DocuSign Envelope ID: 8B9BOBD4-AA1F-415F-A7E6-EC46B3F945E7 G GRANICUS Exhibit A: Master Subscription Agreement This Master Subscription Agreement ("Agreement) is made and entered into as of the latter date of the signatures below ( the "Effective Date") by and between Federal Way, WA ("Client") and Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus ("Granicus"). Client and Granicus may each be referred to herein as "Party" or collectively as "Parties". By accessing the Granicus Products and Services, Client accepts this Agreement. Due to the rapidly changing nature of digital communications, this Agreement may be updated from time to time at Granicus' sole discretion. Notification to Client will be via email or posting to the Granicus website. 1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms shall have the meaning specified: "Agreement Term" means the total time covered by the Initial Term and all Extension Terms for each Order or SOW under this Agreement, further specified in Section 7.1. "Extension Term" means any term that increases the length of the Initial Term of this Agreement or an Order Term of an Order or SOW. "Granicus Products and Services" means the products and services made available to Client pursuant to this Agreement, which may include Granicus products and services accessible for use by Client on a subscription basis ("Software -as -a -Service" or "SaaS"), Granicus professional services, content from any professional services or other required equipment components or other required hardware, as specified in each Order or SOW. "Initial Term" shall have the meaning specified in Exhibit A or Order or SOW between Granicus and Client for the first duration of performance that Client has access to Granicus Products and Services. "Order" means a written order, proposal, or purchase document in which Granicus agrees to provide and Client agrees to purchase specific Granicus Products and Services. "Order Term" means the then -current duration of performance identified on each Order or SOW, for which Granicus has committed to provide, and Client has committed to pay for, Granicus Products and Services. "Statement of Work" or "SOW" means a written order, proposal, or purchase document that is signed by both Parties and describes the Granicus Products and Services to be provided and/or performed by Granicus. Each Order or SOW shall describe the- Parties' performance obligations and any assumptions or contingencies associated with the implementations of the Granicus Products and Services, as specified in each Order or SOW placed hereunder. "Support" means the ongoing support and maintenance services performed by Granicus related to the Granicus Products and Services as specified in each Order or SOW placed between the Parties. 2. Ordering and Scope 2.1. Ordering Granicus Products and Services. The Parties may execute one or more Order or SOW related to the sale and purchase of Granicus Products and Services. Each Order or SOW will generally include an itemized list of the Granicus Products and Services as well as the Order Term for such Granicus Products and Services. Each Order or SOW must, generally, be signed by the Parties; although, when a validly -issued purchase order by Client accompanies the Order or SOW, then the Order or SOW need not be executed by the Parties. Each Order or SOW shall be governed by this Agreement regardless of any pre-printed legal terms on each Order or SOW, and by this reference is incorporated herein. Denver, CO St. Paul, MN Washington, DC United Kingdom 800.314.0147 800.314.0147 800.314.0147 +44.0845.467.2972 DocuSign Envelope ID: 8B9BOBD4-AA1F-415F-A7E6-EC46B3F945E7 N 2.2. Support. Basic support related to standard Granicus Products and Services is included within the fees paid during the Order Term. Granicus may update its Support obligations under this Agreement, so long as the functionality purchased by Client is not materially diminished. 2.3. Future Functionality. Client acknowledges that any purchase hereunder is not contingent on the delivery of any future functionality or features. 2.4. Cooperative Purchasing. To the extent permitted by law and approved by Client, the terms of this Agreement and set forth in one or more Order or SOW may be extended for use by other municipalities, school districts and governmental agencies upon execution of an addendum or other duly signed writing setting forth all of the terms and conditions for such use. The applicable fees for additional municipalities, school districts or governmental agencies will be provided by Granicus to Client and the applicable additional party upon written request. 3. Use of Granicus Products and Services and Proprietary Rights 3.1. Granicus Products and Services. The Granicus Products and Services are purchased by Client as subscriptions during an Order Term specified in each Order or SOW. Additional Granicus Products and Services may be added during an Order Term as described in Section 2.1. 3.2. Permitted Use. Subject to the terms and conditions of this Agreement, Granicus hereby grants during each Order Term, and Client hereby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use the Granicus Products and Services to the extent allowed• in the relevant Order or SOW (collectively the "Permitted Use"). 3.2.1. Data Sources. Data uploaded into Granicus Products and Services must be brought in from Client sources (interactions with end users and opt -in contact lists). Client cannot upload purchased contact information into Granicus Products and Services without Granicus' written permission and professional services support for list cleansing. Granicus certifies that it will not sell, retain, use, or disclose any personal information provided by Client for any purpose other than the specific purpose of performing the Services outlined within this Agreement. 3.2.2. Passwords. Passwords are not transferable to any third party. Client is responsible for keeping all passwords secure and all use of the Granicus Products and Services accessed through Client's passwords. 3.2.3. Content. Client can only use Granicus Products and Services to share content that is created by and owned by Client and/or content for related organizations provided that it is'in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate fora public audience or in support of programs or topics that are unrelated to Client, can be removed or limited by Granicus. 3.2.3.1. Disclaimers. Any text, data, graphics, or any other material displayed or published on Client's website,must be free from violation of or infringement of copyright, trademark, service mark, patent, trade secret, statutory, common law or proprietary or intellectual property rights of others. Granicus is not responsible for content migrated by Client or any third party. 3.2.4. Advertising. Granicus Products and Services shall not be used to promote products or services available for sale through Client or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request and review the details of any agreement between Client and a third party that compensates Client for the right to have information included in Content distributed or made available through Granicus Products and Services prior to approving the presence of Advertising within Granicus Products and Services. GRANICUS DocuSign Envelope ID: 8B9B0BD4-AA1 F-415F-A7E6-EC46B3F945E7 3.2.5. Granicus Subscriber Information for Communications Cloud Suite only 3.2.5.1. Data Provided by Client. Data provided by Client and contact information gathered through Client's own web properties or activities will remain the property of. Client ("Direct Subscriber"), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of Client, unless required by law. 3.2.5.2. Granicus shall not disclose the client's data except to any third parties as necessary to operate the Granicus Products and Services (provided that the client hereby grants to Granicus a perpetual, noncancelable, worldwide, non- exclusive license to utilize any data, on an anonymous or aggregate basis only, that arises from the use of the Granicus Products and Services by the client, whether disclosed on, subsequent to, or prior to the Effective Date, to improve the functionality of the Granicus Products and Services and any other legitimate business purpose including the right to sublicense such data to third parties, subject to all legal restrictions regarding the use and disclosure of such information). 3.2.5.3. Data Obtained through the Granicus Advanced Network 3.2.5.3.1. Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscribe to other Granicus Client's digital communication (the "Advanced Network"). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a "Network Subscriber" to the agency it subscribed to through the Advanced Network. 3.2.5.3.2. Access to the Advanced Network is a benefit of the GovDelivery Communications Cloud subscription with Granicus. Network Subscribers are available for use only on the GovDelivery Communications Cloud while Client is under an active GovDelivery Communications Cloud subscription. Network Subscribers will not transfer to Client upon termination of any Granicus Order, SOW or Exhibit. Client shall not use or transfer any of the Network Subscribers after termination of its Order, SOW or Exhibit placed under this Agreement. All information related to Network Subscribers must be destroyed by Client within 15 calendar days of the Order, SOW or Exhibit placed under this Agreement terminating. 3.2.5.3.3. Opt -In. During the last 10 calendar days of Client's Order Term for the terminating Order, SOW or Exhibit placed under this Agreement, Client may send an opt -in email to Network Subscribers that shall include an explanation of Client's relationship with Granicus terminating and that the Network Subscribers may visit Client's website to subscribe to further updates from Client in the future. Any Network Subscriber that does not opt -in will not be transferred with the subscriber list provided to Client upon termination. 3.3. Restrictions. Client shall not: 3.3.1. Misuse any Granicus resources or cause any disruption, including but not limited to, the display of pornography or linking to pornographic material, advertisements, solicitations, or mass mailings to individuals who have not agreed to be contacted; G3 GRANICUS DocuSign Envelope ID: 8B9BOBD4-AA1F-415F-A7E6-EC46B3F945E7 4 3.3.2. Use any process, program, or tool for gaining unauthorized access to the systems, networks, or accounts of other parties, including but not limited to, other Granicus Clients; 3.3.3. Client must not use the Granicus Products and Services in a manner in which system or network resources are unreasonably denied to other Granicus clients; 3.3.4. Client must not use the Services as a door or signpost to another server. 3.3.5. Access or use any portion of Granicus Products and Services, except as expressly allowed by this Agreement or each Order or SOW placed hereunder; 3.3.6. Disassemble, decompile, or otherwise reverse engineer all or any portion of the Granicus Products and Services; 3.3.7. Use the Granicus Products and Services for any unlawful purposes; 3.3.8. Export or allow access to the Granicus Products and Services in violation of U.S. laws or regulations; 3.3.9. Except as expressly permitted in this Agreement, subcontract, disclose, rent, or lease the Granicus Products and Services, or any portion thereof, for third party use; or 3.3.10.Modify, adapt, or use the Granicus Products and Services to develop any software application intended for resale which uses the Granicus Products and Services in whole or in part. 3.4. Client Feedback. Client assigns to Granicus any suggestion, enhancement, request, recommendation, correction or other feedback provided by Client relating to the use of the Granicus Products and Services. Granicus may use such submissions as it deems appropriate in its sole discretion. 3.5. Reservation of Rights. Subject tothe limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the Granicus Products and Services, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Client. The Granicus name, the Granicus logo, and the product names associated with the services are trademarks of Granicus or its suppliers, and no right or license is granted to use them. 4. Payment 4.1. Fees. Client agrees to pay all fees, costs and other amounts as specified in each Order or SOW. Annual fees are due upfront according to the billing frequency specified in each Order or SOW. Granicus reserves the right to suspend any Granicus Products and Services should there be a lapse in payment. A lapse in the term of each Order or SOW will require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Client's responsibility to provide applicable exemption certificate(s). 4.2. Disputed Invoiced Amounts. Client shall provide Granicus with detailed written notice of any amount(s) Client reasonably disputes within thirty (30) days of the date of invoice for said amount(s) at issue. Granicus will not exercise its rights under 4.1 above if Client has, in good faith, disputed an invoice and is diligently trying to resolve the dispute. Client's failure to provide Granicus with notice of any disputed invoiced amount(s) shall be deemed to be Client's acceptance of the content of such invoice. 4.3. Price Increases. Any price increases not negotiated in advance shall be provided by Granicus to Client at least thirty (30) days prior to the end of the Order Term. Upon each yearly anniversary during the term of this Agreement (including the Initial Term, all Extended Terms, and all Order Terms), the Granicus Product and Services fees shall increase from the previous term's fees by up to ten (10) percent per year. G' GRANICUS DocuSign Envelope ID: 8B9BOBD4-AA1F-415F-A7E6-EC46B3F945E7 5 5. Representations, Warranties and Disclaimers 5.1. Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so. 5.2. Warranties. Granicus warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Granicus Products and Services; however, the Granicus Products and Services are provided "AS IS" and as available. 5.3. Disclaimers. EXCEPT AS PROVIDED IN SECTION 5.2 ABOVE, EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON -INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANTTHAT GRANICUS PRODUCTS AND SERVICES WILL MEETCLIENT'S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. 6. Confidential Information 6.1. Confidential Information. It is expected that one Party (Disclosing Party) may disclose to the other Party (Receiving Party) certain information which may be considered confidential and/or trade secret information ("Confidential Information"). Confidential Information shall include: (i) Granicus' Products and Services, (ii) non-public information if it is clearly and conspicuously marked as "confidential" or with a similar designation at the time of disclosure; (iii) non-public information of the Disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication and (iv) any information that should be reasonably understood to be confidential or proprietary to the Receiving Party, given the nature of the information and the context in which disclosed. Subject to applicable law, each Receiving Party agrees to receive and hold any Confidential Information in strict confidence. Without limiting the scope of the foregoing, each Receiving Party also agrees: (a) to protect and safeguard the Confidential Information against unauthorized use, publication or disclosure; (b) not to reveal, report, publish, disclose, transfer, copy or otherwise use any Confidential Information except as specifically authorized by the Disclosing Party; (c) not to use any Confidential Information for any purpose other than as stated above; (d) to restrict access to Confidential Information to those of its advisors, officers, directors, employees, agents, consultants, contractors and lobbyists who have a need to know, who have been advised of the confidential nature thereof, and who are under express written obligations of confidentiality or under obligations of confidentiality imposed by law or rule; and (e) to exercise at least the same standard of care and security to protect the confidentiality of the Confidential Information received by it as it protects its own confidential information. If a Receiving Party is requested or required in a judicial, administrative, or governmental proceeding to disclose any Confidential Information, it will notify the Disclosing Party as promptly as practicable so that the Disclosing Party may seek an appropriate protective order or waiver for that instance. 6.2. Exceptions. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of the Receiving Party; (ii) was in the Receiving Party's possession before receipt from the Disclosing Party; (iii) is rightfully received by the Receiving party from a third party without any duty of confidentiality; (iv) is disclosed by the Disclosing Parry without any duty of confidentiality on the third party; (v) is independently developed by the Receiving Party without use or reference to the Disclosing Party's Confidential Information; or (vi) is disclosed with the prior written approval of the Disclosing Party. 'r GRANICUS DocuSign Envelope ID: 8B9B0BD4-AA1 F-415F-A7E6-EC46B3F945E7 i1 6.3. Storage and Sending. In the event that Granicus Products and Services will be used to store and/or send Confidential Information, Granicus must be notified in writing, in advance of the storage or sending. Should Client provide such notice, Client must ensure that Confidential Information or sensitive information is stored behind a secure interface and that Granicus Products and Services be used only to notify people of updates to the information that can be accessed after authentication against a secure interface managed by Client. 6.4. Return of Confidential Information. Each Receiving Party shall return or destroy the Confidential Information immediately upon written request by the Disclosing Party; provided, however, that each Receiving Party may retain one copy of the Confidential Information in order to comply with applicable laws and the terms of this Agreement. Customer understands and agrees that it may not always be possible to completely remove or delete all personal data from Granicus' databases without some residual data because of backups and for other reasons. 7. Term and Termination 7.1. Agreement Term. The Agreement Term shall begin on the date of the initial Order or SOW and continue through the latest date of the Order Term of each Order or SOW under this Agreement, unless otherwise terminated as provided in this Section 7. Each Order or SOW will specify an Order Term for the Granicus Products and Services provided under the respective Order or SOW. Client's right to access or use the Granicus Products and Services will cease at the end of the Order Term identified within each Order or SOW, unless either extended or earlier terminated as provided in this Section 7. Unless a Party has given written notice to the other Party at least ninety (90) days priorto the end of the then -current Order Term, the Granicus Products and Services will automatically renew at the end of each term for an Extension Term of one (1) year. 7.2. Effect of Termination. If the Parties agree to terminate this Agreement and an Order or SOW is still in effect at the time of termination, then the terms and conditions contained in this Agreement shall continue to govern the outstanding Order or SOW until termination or expiration thereof. If the Agreement is terminated for breach, then unless otherwise agreed to in writing, all outstanding Orders or SOWS shall immediately terminate as of the Agreement termination date. Unless otherwise stated in this Agreement, in no event shall Client be entitled to a refund of any prepaid fees upon termination. 7.3. Termination for Cause. The non -breaching Party may terminate this Agreement upon written notice if the other Party is in material breach of this Agreement and fails to cure such breach within thirty (30) days after the non -breaching Party provides written notice of the breach. A Party may also terminate this Agreement immediately upon notice if the other Party: (a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership; (b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors or takes advantage of any law for the benefit of debtors; or (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest. Granicus may, without liability, immediately suspend or terminate any or all Order or SOW issued hereunder if any Fees owed under this Agreement are past due pursuant to Section 4.1. 7.4. Rights and Obligations After Termination. In the event of expiration or termination of this Agreement, Client shall immediately pay to Granicus all Fees due to Granicus through the date of expiration or termination. 7.5. Survival. All rights granted hereunder shall terminate upon the latter of the termination or expiration date of this Agreement, or each Order or. SOW. The provisions of this Agreement with respect to warranties, liability, choice of law and jurisdiction, and confidentiality shall survive termination of this Agreement and continue in full force and effect. �;' GRANICUS DocuSign Envelope ID: 8B9BOBD4-AA1F-415F-A7E6-EC46B3F945E7 7 8. Limitation of Liability 8.2. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GRANICUS SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CLIENT DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND GRANICUS' REASONABLE CONTROL, EVEN IF GRANICUS HAS BEENADVISEDOF THE POSSIBILITY -OF ANY OF THE FOREGOING LOSSES OR DAMAGES. 8.2. LIMITATION OF LIABILITY. EXCEPT FOR CLIENT'S BREACH OF SECTION 3.3, IN NO INSTANCE SHALL EITHER PARTY'S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CLIENT FOR THE GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OFTHE CLAIM FOR DIRECT DAMAGES. GRANICUSSHALL NOT BE RESPONSIBLE FORANY LOST PROFITS OR OTHER DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, HOWEVER CAUSED. NEITHER PARTY MAY INSTITUTE AWACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. THE ABOVE LIMITATIONS WILL NOT LIMIT CLIENT'S PAYMENT OBLIGATIONS UNDER SECTION 4 ABOVE. 9. Indemnification 9.1. Indemnification by Granicus. Granicus will defend Client from and against all losses, liabilities, damages and expenses arising from any claim or suit by a third party unaffiliated with either Party to this Agreement ("Claims") and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses (collectively, "Losses," and including reasonable attorneys' fees and court costs), to the extent arising out of any Claims by any third party that Granicus Products and Services infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW. In the event of such a Claim, if Granicus determines that an affected Order or SOW is likely, or if the solution is determined in a final, non - appealable judgment by a court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order or SOW, Granicus will, in its discretion: (a) replace the affected >;ranicus Products and Services; (b) modify the affected Granicus Products and Services to render it non -infringing; or (c) terminate this Agreement or the applicable Order or SOW with respect to the affected solution and refund to Client any prepaid fees for the then -remaining or unexpired portion of the Order or SOW term. Notwithstanding the foregoing, Granicus shall have no obligation to indemnify, defend, or hold Client harmless from any Claim to the extent it is based upon: (i) a modification to any solution by Client (or by anyone under Client's direction or control or using logins or passwords assigned to Client); (ii) a modification made by Granicus pursuant to Client's required instructions or specifications or in reliance on materials or information provided by Client; or (iii) Client's use (or use by anyone under Client's direction or control or using logins or passwords assigned to Client) of any Granicus Products and Services other than in accordance with this Agreement. This section 9.1 sets forth Client's sole and exclusive remedy, and Granicus' entire liability, for any Claim that the Granicus C GRANICUS DocuSign Envelope ID: 8B9BOBD4-AA1F-415F-A7E6-EC46B3F945E7 8 Products and Services or any other materials provided by Granicus violate or infringe upon the rights of any third party. 9.2. Indemnification by Client. Client shall defend, indemnify, and hold Granicus harmless from and against any Claims, and shall pay all Losses, to the extent arising out of or related to (a) Client's (or that of anyone authorized by Client or using logins or passwords assigned to Client) use or modification of any Granicus Products and Services; (b) any Client content; or (c) Client's violation of applicable law. 9.3. Defense. With regard to any Claim subject to indemnification pursuant to this Section 9: (a) the Party seeking indemnification shall promptly notifythe indemnifying Party upon becoming aware of the Claim; (b) the indemnifying Party shall promptly assume sole defense and control of such Claim upon becoming aware thereof; and (c) the indemnified Party shall reasonably cooperate with the indemnifying Party regarding such Claim. Nevertheless, the indemnified Party may reasonably participate in such defense, at its expense, with counsel of its choice, but shall not settle any such Claim without the indemnifying Party's prior written consent. The indemnifying Party shall not settle or compromise any Claim in any manner that imposes any obligations upon the indemnified Party without the prior written consent of the indemnified Party. 10. General 10.2. Relationship of the Parties. Granicus and Client acknowledge that they operate independent of each other. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, agency, or employee/employer relationship between the Parties for any purpose, including, but not limited to, taxes or employee benefits. Each Party will be solely responsible for the payment of all taxes and insurance for its employees and business operations. 10.2. Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed to modify, define, limit, or expand the intent of the Parties. 10.3. Amendments. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties. 10.4. Severability. To the extent permitted by applicable law, the Parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 10.5. Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party's consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party's business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void. 10.6. No Third -Party Beneficiaries. Subject to Section 10.5 this Agreement is binding upon, and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third -party beneficiaries tothis Agreement. 10.7. Notice. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (a) personal delivery; (b) the day of receipt, as shown in the applicable carrier's systems, if sent via FeclEx, UPS, DHL, or other GRANICUS DocuSign Envelope ID: 8B9B0BD4-AA1 F-415F-A7E6-EC46B3F945E7 nationally recognized express carrier; (c) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or (d) sending by email, with confirmed receipt from the receiving party. Either Party may provide the other with notice of a change in mailing or email address in which case the mailing or email address, as applicable, for that Party will be deemed to have been amended. The mailing and email addresses of the Parties are as follows: Granicus ATTN-. Contracts Address: 408 St. Peter Street Suite 600 Saint Paul, MN 55102 (651) 757-4154 Phone: Email: contracts@granicus.com Federal Way, WA ATTN: Address: Phone: Email: 10.8. Force Majeure. Any delay in the performance by either Party hereto of its obligations hereunder shall be excused when such delay in performance is due to any cause or event of any nature whatsoever beyond the reasonable control of such Party, including, without limitation, any act of God; any fire, flood, or weather condition; any computer virus, worm, denial of service attack; any earthquake; any act of a public enemy, war, insurrection, riot, explosion or strike; provided, that written notice thereof must be given by such Party to the other Party within twenty (20) days after occurrence of such cause or event. 10.9. Choice of law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota, without reference to the State's principles of conflicts of law. The Parties expressly consent and submit to the exclusive jurisdiction of the state and federal courts of the state of California. 10.10. Entire Agreement. This Agreement, together with all Orders or SOWS referenced herein, sets forth the entire understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior oral and written understandings, quotations, communications, and agreements. Granicus and Client agree that any and all Orders or SOWs are incorporated herein by this reference. In the event of possible conflict or inconsistency between such documents, the conflict or inconsistency shall be resolved by giving precedence in the following order: (1) the terms of this Agreement; (2) Orders; (3) all other SOWs or other purchase documents; (4) Granicuq response to Client's request for RFI, RFP, RFQ and (5) Client's RFI, RFP, RFQ. If Client issues a purchase order, Granicus hereby rejects any additional or conflicting terms appearing on the purchase order or any other ordering materials submitted by Client. Upon request, Granicus shall reference a purchase order number on its invoices, provided, however, that Client acknowledges that it is Client's responsibility to provide the corresponding purchase order information (including a purchase order number) to Granicus upon the creation of such a purchase order. Client agrees that a failure to provide Granicus with the corresponding purchase order shall not relieve Client of its obligations to provide payment to Granicus pursuant to Section 4.1 above. 10.11. Reference. Notwithstanding any other terms to the contrary contained herein, Client grants Granicus the right to use Client's name and logo in Client lists and marketing materials. C 0RANICUS DocuSign Envelope ID: 8B9BOBD4-AA1F-415F-A7E6-EC46B3F945E7 10 10.12. Injunctive Relief. Granicus is entitled to obtain injunctive relief if Client's use of Granicus Products and Services is in violation of any restrictions set forth in this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly - authorized representatives on the Effective Date as set forth above. Granicus Federal W , DocuSigned by: (Authorized Signature) Auth iz Signature) Name: Brendan Sti erman (Print or Type Name of Signatory) Title: Manager, Contracts Date: 12/21/2022 (Execution Date) Name: Keith Niven (Print or Type Name of Signatory) Title: Interim Community Development Director Date: 12/21 /2022 (Execution Date) ORANICUS Washington State Department of Revenue A < Business Lookup License Information: New search Back to results Entity name: GRANICUS, LLC Business name: GRANICUS Entity type: Limited Liability Company UBI #: 602-241-678 Business ID: 001 Location ID: 0002 Location: Active Location address: 408 SAINT PETER ST STE 600 SAINT PAUL MN 55102-1122 Mailing address: 408 SAINT PETER ST STE 600 SAINT PAUL MN 55102-1122 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held at 1 License # Count Details Status Expiration First issuar 'Federal Way General Active Jun-30-20; Jun-22-202 Business - Non - Resident Endorsements held at 1 License # Count Details Status Expiration First issuar Spokane General Active Nov-30-20 Nov-01-20 Business - Non - Resident Governing People May include governing people not registered with Secretary of State Governing people ATLAS, RYAN BEAUPAIN, TAYLOR BOLIN, BRET GOVDELIVERY HOLDINGS, LLC, HYNES, MARK MAHMUDUL, AMIN ROGERS, ROBERT B. B. SEVERSON, PATRICK M. M. SMITH, ROBERT F. F. Registered Trade Names Registered trade names Status First issued GOVDELIVERY, INC. Active Jul-06-2007 GRANICUS Active Jun-02-2017 View Additional Locations The Busi vss Lookup information is updated nightly. Search date and time: 3/9/2023 10:50:17 AM Contact us Haw are we doing? Take our survey! Don't see what you expected? Check if your browser is supported AI Rom'® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 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 have ADDITIONAL INSURED provisions or 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). ONT PRODUCER Lockton Insurance Brokers, LLC NAMEAGT CA License #OF15767 PHONE FAk IC,No.AC.No: Three Embarcadero Center, Suite 600 E-MAIL San Francisco CA 94111 (415) 568-4000 INSURERS AFFORDING COVERAGE NAIC Y INSURER A: Vallev Forae Insurance Comvanv 20508 INSURED Bang The Table USA, LLC 1433575 2400 Spruce Street, #201 Boulder CO 80302 INSURER B : National Fire Insurance Co of Hartford 20478 wsunER c : The Continental Insurance Company 35289 INSURER D : Columbia Casualty Company 31 127 INSURER E : American Casualty Company of Reading, PA 20427 COVERAGES CiRATNOI CERTIFICATE NUMBER- 1RI 16R45 REVISION NUMBER: XXXXXXX 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 LTp TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDPOLIPf EFF PDLI d NYXp LIMITS B X COMMERCIAL GENERAL LIABILITY Y N 6043664103 l0/20/2022 10/20/2023 EACH OCCURRENCE $ 1,000,000 PREMISES REpr"rren $ 1.000.000 CLAIMS -MADE � OCCUR MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PRO- �X LOC P1 $ OTHER: A AUTOMOBILE LIABILITY N N 6043664084 10/20/2022 10/20/2023 MM'd'aSINGLE LIMrr $ 1. 00,000 BODILY INJURY (Per person) $ XXXXX XX AUTO OWNED SCHEDULED BODILY INJURY (Per accident) $ XXXXXXX PANY AUTOS ONLY AUTOS HIRED X NON -OWNED X PROPERTY DAMAGE Per acrldern $ XXXXXXX AUTOS ONLY AUTOS ONLY X Comp$100 di Coll $1000 d $ XXXXXXX UMBRELLA LIAB NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX EXCESS LIAB HOCCUR CLAIMS -MADE DED RETENTION $ $ XXXXXXX C WORKERS COMPENSATION N 6043664067 (AOS) 10/20/2022 10/20/2023 X STAruTE ER E.L EACH ACCIDENT $ 1,000.000 E AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y /N 6043664070 (CA) 10/20/2022 10/20/2023 ❑OFFICER/MEMBER EXCLUDED? N (Mandatory in NH) N / A EL DISEASE - EA EMPLOYEd $ 1.000.000 E.L. DISEASE -POLICY LIMIT _ $ 1,000,000 If yyes, describe under DESCR1PT10N OF OPERAT1ONSbeI.- D Prof Liab/Tech E&O/Cyber N N F16817867 001 12/15/2022 12/15/2023 $5M DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) City of Federal Way is/are an Additional Insured with respect to liability arising out of the operations of the insured and to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Insurance provided to Additional Insureds) is primary and non-contributory as per the attached endorsements or policy language. CERTIFICATE HOLDER CANCELLATION See Attachments 18116845 City of Federal Way 33325 8th Avenue South Federal Way WA 98003-6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR�E A7tyG 1�� slF,.L1 (c) 198R-2015 ACORD CORPORATI All riahts reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D568356 Master ID: 1433575, Certificate ID: 18116845 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 18116845. • Email: PacificeDelivery@lockton.com ■ Phone: (213) 689-2300 If you received this certificate through an intemet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox is for automating electronic delivery of certificates only. Please do NOT send future certificate requests to this inbox. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Insurance Brokers, LLC — Pacific Series Lockton Insurance Brokers, LLC License #0F I 5707 777 S Figucroa Strcct. 52nd F1 / Los Aii cic.5, CA 00017-�5')4 2 13-689-0065 / FA\: '-1 1 3-689-0550 lockton.com Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad -Knowledge -of Occurrence/ Notice_of_Occurrence_ 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury — Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability — Damage To Premises 12. Medical Payments 13. Non -owned Aircraft Coverage 14. Non -owned Watercraft 15. Personal And Advertising Injury — Discrimination or Humiliation 16. Personal And Advertising Injury - Limited Contractual Liability 17. Property Damage - Elevators 18. Supplementary Payments 19. Property Damage — Patterns, Molds and Dies 20. Unintentional Failure To Disclose Hazards 21. Waiver of Subrogation — Blanket G-00000-A Page 1 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 1. ADDITIONAL INSUREDS G-00000-A (Ed. ) a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However; -subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G-00000-A Page 2 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 F. Lessor of Premises G-00000-A (Ed. ) An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor 1. With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. G-00000-A Page 3 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 J. Vendor G-00000-A (Ed. ) Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; g, products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, pact or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part. K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor G-00000-A Page 4 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) 2. for bodily injury or property damage included within the products -completed operations hazard except to the extent all of the following apply: a. this Coverage Part provides such coverage; b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or G-00000-A Page 5 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, and of this endorsement's JOINT VENTURES I PARTNERSHIP I LIMITED LIABILITY COMPANIES provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as. Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 7. EXPECTED OR INTENDED INJURY— EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. G-00000-A Page 6 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 8. IN REM ACTIONS G-00000-A (Ed. ) A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that 'is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions. This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: G-00000-A Page 7 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician;_ e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. G-00000-A Page 8 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to: • the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor • the conduct of a current or past limited liability company in which a Named Insured's interest does/did not rise to the level of management control; except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is -amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: G-00000-A Page 9 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is $500,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named Insured's care, custody or -control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: @@@@@@@@@@@@@@ ; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 13. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. G-00000-A Page 10 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) 15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or G-00000-A Page 11 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE —ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. G-00000-A Page 12 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES G-00000-A (Ed. ) Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit: A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly. 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 21. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. G-00000-A Page 13 of 13 (Ed. ) RETURN TO: Kari Cimmer EXT: x2629 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM i. ORIGINATING DEPT./DIV: COMMUNITY DEVELOPMENT/ PLANNING 2. ORIGINATING STAFF PERSON: KEITI-I NIVEN EXT: 2643 3. DATE REQ. BY: JANUARY 7, 2022 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT M PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: COMP PLAN UPDATE —BANG THE TABLE SOFTWARE AND SUPPORT 6. NAME OF CONTRACTOR: B3 NG TI IE TABLE USA 1-LC U131 604 738 227 ADDRESS: 2400 SPRUCE STREET, #204; BoUI DER CO 80302 TELEPHONE: 303-525-5155. E-MAIL: MAI-rHEw BAN(i'rl u'-TAt31.L-:_COM FAX: N/A SIGNATURE NAME: MATTI IEW CROZIER TITLE: CEO 7. EXHIBITS AND ATTACHMENTS: N SCOPE, WORK, OR SERVICES ® COMPENSATION ® INSURANCE REQUIREMENTS/CERTIFICATE ® ALL OTHER REFERENCED EXHIBITS ® PROOF OF AUTHORITY TO SIGN ® REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: ,IANUARY 1. 2022 COMPLETION DATE: DECEMBER 31. 2022 9. TOTAL COMPENSATION S 18.500.00 (INCLUDE EXPENSES AND SALESTAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $_ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: Cl RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ® PURCHASING: PLEASE CHARGE TO: 119-7300-961-514-60-410 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED ® PROJECTMANAGER ® DIRECTOR M A r 4T.,6,CiF--N: T-N+ �BL-H - - N/A M LAW KVA 117/2C,2 INITIAL / DAT'E APPROVED 11. C4OU.N4C-ILAPPROV,46{I4LArw lC--A!31,y SCHFI)yi-F. -fqmAmH~'f4,I--)AA- .: F,t l lrt� C IS c3, +F+l4PHIGM, i,�*W 12 CONTRACT SIGNATURE ROUTING 1 /7/22 DATE REC'D: 1 /7/22 ® SENT TO VENDOR/CONTRACTOR DATE SENT: ® ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ® CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE (include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL 1 DATE SIGNED ® LAW DEPARTMENT L I 10 ® SIGNATORY (MAYOR OR DIRECTOR) III V 1 Z-- M CITY CLERK a7/ Wb ` M ASSIGNED AG# AG #: 22- DICK— COMMENTS: Vendor insists on usin , their awn contract form. 111cr IT Director Ryan Call is familiar ►vith this cols? aIl's coil tracts. Name of "Customer" Customer Address Customer Phone Primary Contact Contract Contact Term Service Details Total Fees EngagementHQ Package EngagementlQ Package Additional Services & Integrations ,- .- bangthetable Service Agreement City of Federal Way, Washington 33325 8th Avenue South Federal Way Washington 98003 253-835-2646 James Rogers james.rogers@cityoffederalway.com James Rogers james.rogers@cityoffederalway.com The term of the Agreement will commence on the date this document is signed and will continue for 12 months. See attached prospectus for details. Solution Billing Frequency Fee Standard Onboarding One -Time Fee/Upfront $1,900 EngagementHQ Unlimited License Annual $16,600 Year 1 Total $18,500 Unlimited License Core - Unlimited help desk (knowledge base) resources for self -directed learning; Invitations to client meetups & professional development workshops; Access to regular monthly webinars; Unlimited 24/5 access to chat & email technical support (15min first response chat and 2hr first response email response commitment) Standard Onboarding - 30-minute kick-off meeting; 2 x 90-minute online sessions; 60-minute training/quality- assurance review before launch. Integrations require the cooperation of third parties. We enter into a contract to provide integrations on the basis of 'best endeavors' if, for reasons beyond our control, an integration ceases to work we will refund pro rats the integration portion of the contract. This has no impact on the software package and service components of the contract. The Master Terms and Conditions set forth below (the "Terms", and together with this Service Agreement, collectively, the "Agreement") are a binding agreement between you ("you" "or "Customer") and Bang the Table USA, LLC, ("BTT", "us" or "we") governing your use of the Services ordered above. The Terms are hereby incorporated into this Service Agreement. By signing below, each party agrees to comply with the terms and conditions set forth in this Service Agreement and in the Terms. CUSTOMER Signature: <�6 Pow PK:.�w /4} S Title: l AVOt� 117f11��LiiT1 b1 Date: BANG THE TABLE Signature: Ww Printed: Matthew Crozier Title: CEO and Co -Founder Date: January 7, 2022 bangthetable. Master Terms and Conditions These master terms and conditions (the "Terms"), and together with your Service Agreement ("Service Agreement"), and any attached Proposal are a binding agreement (the "Agreement") between you ("you" or "Customer") and Bang The Table, ("BTT", "us" or "we") governing your use of the services ordered on your Service Agreement (the "Services") This Agreement is effective as of the date you entered into your Service Agreement ("Effective Date"). Access Grant & Restrictions 1.1 Subscription to the Service. Subject to the terms ofthis Agreement, BTT hereby grants to the Customer a limited, non-sublicensable, non -transferable, non-exclusive subscription during the term of the Service Agreement for the Customer to access and use the specific services and feature sets of the Service specified in the applicable Service Agreement by up to the number of users identified in that Service Agreement, and solely for the Customer's business purposes as outlined on the Service Agreement and these Terms. BTT and its licensors reserve all rights not expressly granted to the Customer in this Agreement. BTT upgrades its software on a continuous basis and, while we strive to minimize the impact on the customer of any upgrades (our policy is not to change the publicfacing appearance ofyour site without your permission), BTT reserves the right to make necessary changes or modifications to the Service. 2 Customer Responsibilities. The Customer is responsible for ensuring the compliance with these terms of each of the Customer's authorized users ("Administrators") and is liable for all activity under the Customer's Administrator accounts. The Customer shall use best efforts to prevent unauthorized access to, or use of, the Service, and will notify BTT promptly of any unauthorized use of any password or account or any other known or suspected breach of security. The Customer will not attempt to or use the Customer's access to the Service to knowingly interfere with or disrupt the integrity or performance of the Service or the data contained therein. The Customer shall not allow Administrator credentials to be shared. You must ensure that we receive, in a timely manner, all information we need to enable us to supply the Services. 3 Support; Hosting. BTT will host the Website as set forth in the Service Agreement and applicable Proposal document. BTT will, where practicable, answer questions and help troubleshoot. To the extent set forth on the Service Agreement, BTT will also provide hosting and support services as set forth in Proposal, attached hereto, which is hereby incorporated hereto. 4 Termination. Customer may terminate this Agreement upon at least thirty (30) days written notice to BTT for any or no reason. BTT will not terminate this Agreement (but may non -renew as outlined in the Service Agreement) except where Customer has breached this Agreement and such failure continues for thirty (30) days after Customer receives written notice of same. Upon the termination of this Agreement for any reason: (a) any amounts owed to BTT by the Customer underthis Agreement before such termination will become immediately due and payable, (b) Customerwill cease using the Service and Website; and (c) BTT will shut down the Website. The rights and duties of the parties that are designed to survive termination or expiration will survive. 5 Acknowledgments. Each party acknowledges and agrees that it has the legal power and authority to enter into this Agreement. The Customer acknowledges and agrees that: (a) Customer shall abide by all applicable laws and regulations in connection with the Customer's business operations and the use of the Service, Website, and Website Visitor information, and (b) Customer owns or has obtained all rights, consents, permissions, or licenses necessary to allow the Service access to, or possession, manipulation, processing, or use of the Customer's Data and any data from Website Visitors; and (c) the Customer shall ensure that its collection, use, and sharing of information (including data from Website Visitors) is in accordance with applicable law, and its privacy policy; and (d) Customer owns or has sufficient rights to any Customer content displayed on the Website. Should you wish to change the terms of use on the Website you can do so but (as these terms are between BTT and the website visitors) in so doing you accept all responsibility forany content provided by users and website visitors. 6 Disclaimer of Warranties. EXCEPT AS SET EXPRESSLY FORTH IN THIS AGREEMENT, BTT AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO ANY CONTENT (INCLUDING ANY CONTENT FROM WEBSITE VISITORS), THE SERVICE, OR WEBSITE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED. 7 ownership. BTT and its licensors own all rights, title and interest, including all related intellectual property rights, in and to the Services, BTT 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. The BTT name, the BTT logo, and the product names associated with the Services are trademarks of BTT or third parties. All rights not expressly granted are hereby retained by BTT. BTT does not own the information submitted by Customer or its Website Visitors (the "Customer's Data"). The Customer retains all right, title and interest in and to the Customer's Data. The Customer grants to BTT all necessary licenses and rights in and to the Customer's Data as necessary for BTT to provide Services to the Customer. The Customer is responsible for the Customers Data including without limitation the accuracy, quality, integrity, legality, reliability, appropriateness of the foregoing, and obtaining any intellectual property rights ownership or right to use the foregoing. BTT reserves the right to de -identify or aggregate (or both) any data (including Customer Data), information or content obtained by BTT relating to Customer, its Administrator's, or Website Visitors use or receipt of Services, including without limitation information about how the Services are used by such users ("De -identified Data"). BTT may use De -identified Data for product optimization and development, benchmarking, and internal research but will not share any information that identifies Customer or any Website Visitor by name with any third party, except as strictly necessary to provide the Services. 8 Responsibility. If any action is instituted by a third party against the Customer based upon a claim that the Service, as provided, infringes a copyright or trademark, then BTT will defend such action at its own expense on behalf of the Customer and will pay all damages attributable to such claim which are finally awarded against the Customer or paid in settlement of such claim. BTT may, at its option and expense, and in addition to defending the Customer as set forth in the previous sentence, as the Customer's exclusive remedy hereunder: (a) procure for Customer the right to continue using the Service; (b) replace or modify the Service so that it is no longer infringing but continues to provide comparable functionality; or (c) terminate this Agreement and the Customer's access to the Service and refund any amounts previously paid for the Service attributable to the remainder of the then -current term of this Agreement. BTT will have no liability to the Customer for any infringement action that arises out of a breach of the terms and conditions of this Agreement by the Customer or of the use of the Service (i) after it has been modified by the Customer or a third party without BTT's prior written consent, or (ii) in combination with any pg. 2 . ice• bang',': --toble.�i-• bangthetable other service, equipment, software or process not provided by BTT where the combination is the basis for the infringing activity. THIS PARAGRAPH SETS FORTH THE ENTIRE OBLIGATION OF BTT AND THE CUSTOMER'S EXCLUSIVE REMEDY AGAINST BTT OR ANY OF ITS SUPPLIERS FOR ANY INFRINGEMENT CLAIM. 9 Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE OR KIND, OR ANY LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANYWAY CONNECTED WITH THE SERVICES, OR THIS AGREEMENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL BTT'S CUMULATIVE LIABILITY FOR ANY CLAIM, LOSS, ACTION, FEE, OR DAMAGE OR ANY OTHER DISPUTED UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER TO BTT IN THE 12 MONTHS PRECEDING THE CLAIM. 10 Confidentiality. Neither party will use the confidential information of the other party for any purpose other than exercising its rights or obligations under this Agreement, and will disclose the confidential information only to those of its employees or contractors who have a need to know for purposes of the Agreement. Notwithstanding, either party may disclose the other party's confidential information as required by law so long as, if permitted by law, such party notifies the disclosing party prior to disclosure and uses reasonable efforts to limit disclosure to only what is required by law. 11 General Terms. This Agreement may not be assigned by the parties without the prior written approval of the other party, although BTT may use subcontractors so long as it remains responsible for such subcontractors. Any purported assignment in violation of this section shall be void. BTT shall not be liable for any failure by it to perform its obligations under this Agreement because of circumstances beyond the reasonable control of BTT. No text or information set forth on any other purchase order, pre-printed form or document (other than an associated BTT quote or invoice, if applicable) shall modify the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The parties are independent contractors and this Agreement does not create any joint venture, partnership, employment, or agency relationship between the Customer and BTT. The failure of BTT to enforce any right or provision in this Agreement shall not constitute a waiver of that or any future right or provision unless acknowledged and agreed to by BTT in writing. These Terms, together with any associated Service Agreement, Proposal, or invoice, comprises the entire Agreement between the Customer and BTT and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. pg. 3 ice• bang"'; ; table;''' 91019 A Build stronger, more trusting communities through meaningful engagement. EngagementHQ Proposal Prepared for the City of Federal Way Prepared by Michelle Stephens, AICP Granicus I Bang the Table November 17, 2021 I* 41INIb Thank you for your consideration! Thank you for the opportunity to propose EngagementHQ as your solution for online community engagement! We believe that in a 21 st-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 Federal Way the next seat at the 'Table. In order to support our discussions I have prepared my recommendation along with some optional items on the following pages. For your reference, additional details of the deliverables and optional items are outlined within Bang the Table's Prospectus. In summary, three options are included: • Option 1a: Single Project License: $7,500 • Option 1 b: 3 x Single Project Licenses: $14,500 • Limited License (up to 5 projects): $14,500 • Unlimited License: $22,500 (Please note, if we can execute an agreement/issue PO prior to December 15th, 2021,1 can offer a $2,500 discount on the unlimited license.) Please let me know if you have any questions and we look forward to your feedback. Regards, Granicus Michelle Stephens, AICP Account Executive I Head of Planning Practice michelle0bangthetable.com 1 303-525-5155 engagemeitHQ. 11Ct•; r7Qr1 L.{ .: � F!a Y•f 11=11 Pricing and Deliverables Options Comparison Option lb I i Option 1 a with 3x Option 2 Option 3 Project Project Limited Unlimited Discount EngagementHQ Project License $5,000 $12,000 NA NA i EngagementHQ Unlimited License NA NA $12,000 $20,000 EngagementlQ - Core Included Included Included Included EngagementlQ - Essential Optional Optional Optional Optional Standard Onboarding (one time fee) w Initial License Price (inclusive of onboarding fee) j $2,500 $2,500 1 $2,500 $2,500 $7,500 $14,500 $14,500 $22,500 •� ��' BANG THE TABLE .�� engagementHQ now parr of GRANIC'US 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. Pricing and Deliverables Option 1 a: Single Project License Offer INITIAL COST $7,500 plus applicable taxes Item (included in cost above) •. &' BANG THE TABLE .►� engagementHQ MOW Pori of q 0RrNICV5 EngagementHQ Single Project License • 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 unlimited project administrator accounts EngagementlQ Support - Core • Guaranteed SLA's 24/5 chat (15 mins) and email (2 hrs) support • 24/7 Moderation • Concierge services available at hourly rate Standard Onboarding ■ 30 minute kickoff meeting • 2 x 90-minute online sessions ■ 60-minute training and quality -assurance review before launch Add-Ons / Optional Items ■ None Year 1 / Initial $ 5,000 Included Discounts are available for purchases of three or more Project Licenses. Each include custom URL, unlimited use of all tools/functionality, and 2 site administrators + unlimited project administrators. Option 1 b: 3 x Single Project Licenses Offer INITIAL COST $14,500 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. Pricing and Deliverables Option Z: Limited License Offer - Unlimited use for up to 5 Projects INITIAL COST $14,500 plus applicable taxes � Item (included in cost above) Year 1 / Initial EngagementHQ License $12,000 • Unlimited use for up to 5 projects • 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 unlimited project administrator accounts EngagementlQ Support - Core Included • Guaranteed SLA's 24/5 chat (15 mins) and email (2 hrs) support • 24/7 Moderation • Concierge services available at hourly rate Standard Onboarding $2,500 • 30 minute kickoff meeting • 2 x 90-minute online sessions • 60-minute training and quality -assurance review before launch Add-Ons NA • None •o, 1�• BANG THE TABLE .�� engdgementHQ. nQ,.*. uorI c. GPANICLI5 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. Pricing and Deliverables Option 3: Unlimited License Offer INITIAL COST $22,500 plus applicable taxes Item (included in cost above) Year 1 / Initial EngagementHQ License $20,000 • 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 unlimited project administrator accounts EngagementlQ Support - Core Included e Guaranteed SLA's 24/5 chat (15 mins) and email (2 hrs) support • 24/7 Moderation • Concierge services available at hourly rate Standard Onboarding $2,500 ■ 30 minute kickoff meeting 2 x 90-minute online sessions • 60-minute training and quality -assurance review before launch Add-Ons 0 None I NA •. ��• BANG THE TABLE ►� engagL bntHL. now part of li ANICIJS 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. Optional Add-Ons Pricing and Deliverables Further details are available in the Prospectus Item 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 EngagementlQ 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 EngagementlQ 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 Custom Brand Integration Full brand integration including dynamic header and footer to match corporate or provided styles. Project Finder Embed any or all of your engagement projects onto any website Single -Sign -On (SSO) Create a simple and secure login process with SSO Hubs (3-Tier Administration) - scoping required Marketplace Partners - upon inquiry Initial Cost $5,500 (replaces standard onboarding) $2,500 (replaces Core / Partner support) $5,000 (replaces Core / Essential support) $5,000 $2,500 $2,300 scoping required Varies 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. A 1 1& DATE (MM/DDNYYY) CERTIFICATE OF LIABILITY INSURANCE 10/20/2022 I2 231?❑2I 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 have ADDITIONAL INSURED provisions or 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 Lockton Insurance Brokers, LLC NAMEAC CA License #OF15767 PHONE FAX A� N Ex ,/C No Three Etnbarcadero Center, Suite 600 E-MAIL San Francisco CA 94111 ADDRE (415) 568-4000 INSURERS AFFORDING COVERAGE NAIC # INSURER A: National Fire Insurance Co of Hartford 20478 INSURED Bang The Table USA, LLC INSURER B : ValleyFoXge lnslVapCe CQMDanv20508 INSURER c : The Continental Insurance Company 35289 1433575 2400 Spruce Street, #201 INSURER D : Columbia Casualty Company 117 Boulder CO 80302 INSURER E: American CasualtyCompany of Reading, PAL!t2 27 INSURER F : r_oVERAGES CTRATNn1 CERTIFICATE NUMBER: 1RI 1AR45 REVISION NUMBER: XXXXXXX 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 TYPE OF INSURANCE DOD SUER POLICY NUMBER IdM1Dd1YYYYF POLICY EXP LTR MM DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FRI OCCUR Y N 6043664103 10/20/2021 10/20/2022 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RFNTEF) PREMISES Ea occurrencel $ 1000.000 ME EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1000 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PE ! �':� LOC PRODUCTS - COMP/OP AGG $ 2 000 000 $ OTHER. B AUTOMOBILE LIABILITY N N 6043664094 10/20/2021 10/20/2022 rBINdEDSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ XXXXX�'L ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X Camp $10I] 17 li: Coli $1 [i00 d BODILY INJURY (Per accident) $ XXXXXXX PROPERRG TYDAME Per accident $XXXXXXX $XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ XXXXXXX C E WORKERS COMPENSATIONOTH- AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) N / A N 6043664067(AOS) 6043664070 (CA) I0/20/2021 10/20/2021 10/20/2022 10/20/2022 X STATUTE ER EA. EACH ACCIDENT $ 1,000,000 EL DISEASE - EA EMPLOYEE $ 1,000,000 E. L. DISEASE - POLICY LIMIT $ 1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below D Tech E&O N N 596722177 (E&O/Cyber) 12/15/2021 12/15/2022 $5M per claim/aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Federal Way is/are an Additional Insured with respect to liability arising out of the operations of the insured and to the extent provided by the policy language or endorsement issued or approved by the insurance carver. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language. rFRTIFIt'.ATF HnI nF:R CANCELLATION See Attachments 18116845 City of Federal Way 33325 8th Avenue South Federal Way WA 98003-6325 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED RE PR E ATiVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATIM. All rights reserved. The ACORD name and logo are registered marks of ACORD Attachment Code: D568356 Master ID: 1433575, Certificate ID: 18116845 To whom it may concern: In our continuing effort to provide timely certificate delivery, Lockton Companies is transitioning to paperless delivery of Certificates of Insurance. To ensure electronic delivery for future renewals of this certificate, we need your email address. Please contact us via one of the methods below, referencing Certificate ID 18116845. • Email: PacificeDelive lockton.com • Phone: (213) 689-2300 If you received this certificate through an internet link where the current certificate is viewable, we have your email and no further action is needed. In the event your mailing address has changed, will change in the future, or you no longer require this certificate, please let us know using one of the methods above. The above inbox is for automating electronic delivery of certificates only. Please do NOT send future certificate requests to this inbox. Thank you for your cooperation and willingness in reducing our environmental footprint. Lockton Insurance Brokers, LLC — Pacific Series Lockton Insurance Brokers, LLC License #OF ] 5767 777 S Figueroa Street. 52nd Fl / Los Angeles. CA 90017-5524 213-689-0065 / FAX: 213-689-0550 lockton.com Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured - Primary And Non -Contributory To Additional Insured's Insurance 3. Bodily Injury — Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Estates, Legal Representatives and Spouses 7. Expected Or Intended Injury — Exception for Reasonable Force 8. In Rem Actions 9. Incidental Health Care Malpractice Coverage 10. Joint Ventures/Partnership/Limited Liability Companies 11. Legal Liability — Damage To Premises 12. Medical Payments 13. Non -owned Aircraft Coverage 14. Non -owned Watercraft 15. Personal And Advertising Injury — Discrimination or Humiliation 16. Personal And Advertising Injury - Limited Contractual Liability 17. Property Damage - Elevators 18. Supplementary Payments 19. Property Damage — Patterns, Molds and Dies 20. Unintentional Failure To Disclose Hazards 21. Waiver of Subrogation — Blanket G-00000-A Page 1 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 1. ADDITIONAL INSUREDS G-00000-A (Ed. ) a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through K. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily injury or property damage; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through K. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such premises; provided that the coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co -owned by a Named Insured and covered under this insurance but only with respect to such co -owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Grantor of Franchise Any person or organization that has granted a franchise to a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury as grantor of a franchise to the Named Insured. D. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named Insured's maintenance, operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. E. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G-00000-A Page 2 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 F. Lessor of Premises G-00000-A (Ed. ) An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. G. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named Insured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured. H. State or Governmental Agency or Subdivision or Political Subdivisions — Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies: a. the existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults, street banners, or decorations and similar exposures; or b. the construction, erection, or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named Insured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products -completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. I. Trade Show Event Lessor With respect to a Named Insured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: a. the Named Insured's acts or omissions; or b. the acts or omissions of those acting on the Named Insured's behalf, in the performance of the Named Insured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products -completed operations hazard. G-00000-A Page 3 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 J. Vendor G-00000-A (Ed. ) Any person or organization but only with respect to such person or organization's liability for bodily injury or property damage arising out of your products which are distributed or sold in the regular course of such person or organization's business, provided that: 1. The coverage granted by this paragraph does not apply to: a. bodily injury or property damage for which such person or organization is obligated to pay damages by reason of the assumption of liability in a contract or agreement unless such liability exists in the absence of the contract or agreement; b. any express warranty unauthorized by the Named Insured; c. any physical or chemical change in any product made intentionally by such person or organization; d. repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; e. any failure to make any inspections, adjustments, tests or servicing that such person or organization has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; f. demonstration, installation, servicing or repair operations, except such operations performed at such person or organization's premises in connection with the sale of a product; g. products which, after distribution or sale by the Named Insured, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for such person or organization; or h. bodily injury or property damage arising out of the sole negligence of such person or organization for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) the exceptions contained in Subparagraphs d. or f. above; or (2) such inspections, adjustments, tests or servicing as such person or organization has agreed with the Named Insured to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This Paragraph J. does not apply to any insured person or organization, from whom the Named Insured has acquired such products, nor to any ingredient, part or container, entering into, accompanying or containing such products. 3. This Paragraph J. also does not apply: a. to any vendor specifically scheduled as an additional insured by endorsement to this Coverage Part; b. to any of your products for which coverage is excluded by endorsement to this Coverage Part; nor c. if bodily injury or property damage included within the products -completed operations hazard is excluded by endorsement to this Coverage Part. K. Other Person Or Organization / Your Work Any person or organization who is not an additional insured under Paragraphs A. through J. above. Such additional insured is an Insured solely for bodily injury, property damage or personal and advertising injury for which such additional insured is liable because of the Named Insured's acts or omissions. The coverage granted by this paragraph does not apply to any person or organization: 1. who is specifically scheduled as an additional insured on another endorsement to this Coverage Part; nor G-00000-A Page 4 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) 2. for bodily injury or property damage included within the products -completed operations hazard except to the extent all of the following apply: a. this Coverage Part provides such coverage; b. the written contract or agreement described in the opening paragraph of this ADDITIONAL INSUREDS Provision requires the Named Insured to provide the additional insured such coverage; and c. the bodily injury or property damage results from your work that is the subject of the written contract or agreement, and such work has not been excluded by endorsement to this Coverage Part. 2. ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE A. The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non-contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. B. With respect to persons or organizations that qualify as additional insureds pursuant to paragraph 1.K. of this endorsement, the following sentence is added to the paragraph above: Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY— EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit Condition is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or to an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named Insured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named Insured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or G-00000-A Page 5 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured, provided that there is no other similar liability insurance, whether primary, contributory, excess, contingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to: (a) any partnership or joint venture; or (b) any organization for which coverage is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, and of this endorsement's JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES provision, management control means: A. owning interests representing more than 50% of the voting, appointment or designation power for the selection of a majority of the Board of Directors of a corporation, or the members of the management board of a limited liability company; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above, this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control, or that first occurs after management control ceases; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occurs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing -business -as names (dba) as any Named Insured should choose to employ. 6. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates, heirs, legal representatives, and spouses only for claims arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named Insured's business. 7. EXPECTED OR INTENDED INJURY— EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from does not apply to bodily injury or property damage resulting persons or property. the standpoint of the Insured. This exclusion from the use of reasonable force to protect G-00000-A Page 6 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 8. IN REM ACTIONS G-00000-A (Ed. ) A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 9. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named Insured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A — Bodily Injury And Property Damage Liability, the paragraph entitled Exclusions is amended to: i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance available to the Insured (or which would have been available but for exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the Insured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions. This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, that includes but shall not be limited to claims based on an individual's race, creed, color, age, gender, national origin, religion, disability, marital status or sexual orientation. Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act, error or omission. Medicare/Medicaid Fraud any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named Insured's employees or volunteer workers in the rendering of: G-00000-A Page 7 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: • the Named Insured's employees are Insureds with respect to: (1) bodily injury to a co -employee while in the course of the co -employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. • the Named Insured's volunteer workers are Insureds with respect to: (1) bodily injury to a co -volunteer worker while performing duties related to the conduct of the Named Insured's business; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Named Insured's business; when such bodily injury arises out of a health care incident. b. delete Subparagraphs (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. c. add the following: Insured does not include any physician while acting in his or her capacity as such. G-00000-A Page 8 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insurance applies, it is excess over any other insurance, self insurance or risk transfer instrument, whether primary, excess, contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage. 10. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amended to delete its last paragraph and replace it with the following: No person or organization is an Insured with respect to: • the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations; nor • the conduct of a current or past limited liability company in which a Named Insured's interest does/did not rise to the level of management control; except that if the Named Insured was a joint venturer, partner, or member of such a limited liability company, and such joint venture, partnership or limited liability company terminated prior to or during the policy period, then such Named Insured is an Insured with respect to its interest in such joint venture, partnership or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense, first occurred after such termination date; b. the bodily injury or property damage first occurred after such termination date; and c. there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company. 11. LEGAL LIABILITY — DAMAGE TO PREMISES A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the first paragraph immediately following subparagraph (6) of the Damage to Property exclusion and replace it with the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE. B. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protective systems to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in the LIMITS OF INSURANCE Section. C. LIMITS OF INSURANCE is amended to delete Paragraph 6. (the Damage To Premises Rented To You Limit) and replace it with the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under COVERAGE A for damages because of property damage to: G-00000-A Page 9 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) a. any one premises while rented to a Named Insured or temporarily occupied by a Named Insured with the permission of the owner; and b. contents of such premises if the premises is rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Limit is $500,000. unless a higher Damage to Premises Rented to You Limit is shown in the Declarations. D. The Other Insurance Condition is amended to delete Paragraph b.(1)(a)(ii), and replace it with the following: (ii) That is property insurance for premises rented to a Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Names( Insured's care, custody or control; E. This Provision 11. does not apply if liability for damage to premises rented to a Named Insured is excluded by another endorsement attached to this Coverage Part. 12. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C — Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: @@@@@@@@@@@@@@ ; or (2) the amount shown in the Declarations for Medical Expense Limit. B. Under COVERAGES, the Insuring Agreement of Coverage C — Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expenses are incurred and reported to the Insurer within three years of the date of the accident; and 13. NON -OWNED AIRCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge. 14. NON -OWNED WATERCRAFT Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and (b) not being used to carry persons or property for a charge. G-00000-A Page 10 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) 15. PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: • Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B — Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured. 2. add the following exclusions: This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY —DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from • Provision 1. ADDITIONAL INSURED of this endorsement; or • attachment of an additional insured endorsement to this Coverage Part. 16. PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B —Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability Personal and advertising injury for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) that the Insured would have in the absence of the contract or agreement; or G-00000-A Page 11 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 G-00000-A (Ed. ) (2) assumed in a contract or agreement that is an insured contract provided the offense that caused such personal or advertising injury first occurred subsequent to the execution of such insured contract. Solely for the purpose of liability assumed in an insured contract, reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an Insured are deemed to be damages because of personal and advertising injury provided: (a) liability to such party for, or for the cost of, that party's defense has also been assumed in such insured contract; and (b) such attorney fees and litigation expenses are for defense of such party against a civil or alternative dispute resolution proceeding in which covered damages are alleged. B. Solely for the purpose of the coverage provided by this paragraph, DEFINITIONS is amended to delete the definition of insured contract in its entirety, and replace it with the following: Insured contract means that part of a written contract or written agreement pertaining to the Named Insured's business under which the Named Insured assumes the tort liability of another party to pay for personal or advertising injury arising out of the offense of false arrest, detention or imprisonment. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. C. Solely for the purpose of the coverage provided by this paragraph, the following changes are made to the Section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs. Notwithstanding the provisions of Paragraph e.(2) of the Contractual Liability exclusion (as amended by this Endorsement), such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance. D. This PERSONAL AND ADVERTISING INJURY - LIMITED CONTRACTUAL LIABILITY Provision does not apply if Coverage B —Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part. 17. PROPERTY DAMAGE —ELEVATORS A. Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE — ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 18. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. G-00000-A Page 12 of 13 (Ed. ) Attachment Code: D524693 Certificate ID: 18116845 Policy Number: 6043664103 19. PROPERTY DAMAGE - PATTERNS MOLDS AND DIES G-00000-A (Ed. ) Under COVERAGES, Coverage A — Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraphs (3) and (4) of the Exclusion entitled Damage to Property, but only with respect to patterns, molds or dies that are in the care, custody or control of the Insured, and only if such patterns, molds or dies are not being used to perform operations at the time of loss. A limit of insurance of $25,000 per policy period applies to this PROPERTY DAMAGE - PATTERNS MOLDS AND DIES coverage, and this limit: A. is included within the General Aggregate Limit as described in LIMITS OF INSURANCE; and B. applies excess over any valid and collectible property insurance available to the Insured, including any deductible applicable to such insurance; the Other Insurance condition is changed accordingly. 20. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named Insured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 21. WAIVER OF SUBROGATION - BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. G-00000-A Page 13 of 13 (Ed. ) 12/29/21, 1:06 PM Corporations and Charities System BUSINESS INFORMATION Business Name: BANG THE TABLE USA, LLC UBI Number: 604 738 227 Business Type: FOREIGN LIMITED LIABILITY COMPANY Business Status: ACTIVE Principal Office Street Address: 2400 SPRUCE ST STE 204, BOULDER, CO, 80302-4617, UNITED STATES Principal Office Mailing Address: PO BOX 1028, BOULDER, CO, 80306-1028, UNITED STATES Expiration Date: 04/30/2022 Jurisdiction: UNITED STATES, DELAWARE Formation/ Registration Date: 04/09/2021 Period of Duration: PERPETUAL Inactive Date: Nature of Business: MACHINERY, EQUIPMENT, COMPUTERS & FURNITURE, OTHER SERVICES, ONLINE COMMUNITY ENGAGEMENT SOFTWARE AND SERVICES (SAAS) REGISTERED AGENT INFORMATION Registered Agent Name: CORPORATION SERVICE COMPANY Street Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1, TUMWATER, WA, 98501, UNITED STATES Mailing Address: 300 DESCHUTES WAY SW STE 208 MC-CSC1, TUMWATER, WA, 98501, UNITED STATES GOVERNORS Title GOVERNOR Governors Type INDIVIDUAL Entity Name First Name MATTHEW Last Name CROZIER https:Hccfs.sos.wa.gov/#/BusinessSearch/Businessinformation 1 /1 12/29/21, 12:59 PM Washington State Department of Revenue Washington State Department of Revenue < Business Lookup License Information: Entity name: BANG THE TABLE USA, LLC Business BANG THE TABLE name: Entity type: Limited Liability Company UBI #: 604-738-227 Business ID: 001 Location ID: 0001 Location: Active Location address: 2400 SPRUCE ST STE 204 BOULDER CO 80302-4617 Mailing address: PO BOX 1028 BOULDER CO 80306-1028 Excise tax and reseller permit status: Click here Secretary of State status: Click here Endorsements Endorsements held a License # Count Details https://secure dor.wa.gov/gteunauth/_/#5 E*? New search Back to results Status Expiratioi First issua i 1/2 12/29/21, 12:59 PM Washington State Department of Revenue Endorsements held a License # Count Details Status Expiration First issua Federal Way General Business - Non -Resident Active Dec-31-21 Dec-17-21 Governing People May include governing people not registered with Secretary of State Governing people Title CROZIER, MATTHEW Registered Trade Names Registered trade names Status BANG THE TABLE Active First issued Dec-1772021 The Business Lookup information is updated nightly. Search date and time: 12/29/2021 12:58:19 PM Contact us How are we doing? Take our survey! Don't see what you expected? Check if your browser is supported hftps://secure.dor.wa.gov/gteunauth/—,/#5 2/2 Request for Taxpayer Give Form to the Form identification Number and Certification requester. Do not (Rev. October2018) Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name (as shown on your income tax return). Name is required on this Ilene; do not leave this line blank. Bang the Table USA LLC 2 Business name/disregarded entity name, if different from above M 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to to following seven boxes. certain entities, not individuals; see a instructions on page 3): o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate a c aiCL single -member LLC Exempt payee code (if any) 0 Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► C p Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting a LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code if an ( y) another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that a c w is disregarded from the owner should check the appropriate box for the tax classification of its owner. � Oth ❑ Other (see Instructions) ► (Applies to accounts maintained outside the U.S.) y 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) ai a P.O. Box 1028 u) 6 City, state, and ZIP code Boulder, CO 80306 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (S. However, fora resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other _ m r entities. it is vour emDlover identification number (EIN). If you do not have a number, see How to qet a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. 7T7 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature of \'`1 ;L Here U.S. person ► I Date ► 16 OCT zozo General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W-9 (Rev. 10-2018) 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. Contents 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 n ag ment[Q 19 Expert Advice, Training and Support 20 Select your Level of Support 21 Book youf Sessions 22 Add Custom Support 24 Our Community of Engagement Practitioners 27 Design and Custflmization 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 Our Mission Our mission is to enable public participation as a fundamental pillar of well -functioning 21 st 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 Robust Democracy Requires :-1'= bongrhetoble Real Public Participation U.S. 2400 Spruce Street, #204 Through technology and deep industry knowledge, our Boulder, Co 80302 1-844-308-2907 aim is to continuously innovate and add value to the W9 47-5582814 community engagement industry. CANADA Our experience with online community engagement aims to empower 300-1090 Homer Street organizations and their communities by providing them accessible Vancouver BC V613 2W9 opportunities to learn about and contribute to the decisions that affect 1-844-308-2907 their daily lives. P13N:831001185PG0001 Bang the Table was established because, no matter how well -designed BN:831001185 RT0001 the off line consultation process, inevitably it only reaches a small segment WCB # 940023 AA (007) 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 AUSTRALIA drives inclusive, transparent, and measurable community engagement Level 1, 96 Pelham Street processes that empower collaborative learning, discussion, and debate. Carlton, VIC 3053 Australia EngagementHQ is a community engagement platform that provides 1300-647-014 capacity and support for focused consultation in a safe, information -rich environment through an integrated range of online community engagement ABN: 96 127 001 236 ACN: 127 001 236 feedback tools. A diverse approach extends inclusiveness and gives the community better opportunities to have their say on issues that are U.K. important to them. 27 Elder House, 4 Water Lane The use of EngagementHQ, combined with our guidance and support, Kingston Upon Thames KT1 1AE will provide an immediate and engaging online presence that will produce exceptional and measurable results. 0800-779-7724 If you have questions about this prospectus, we would love to hear from you. NEW ZEALAND Level 1, Awly Building, 1 287/293 Durham Street North, Christchurch 8013 New Zealand +613-9020-8628 0 Introducing 40 EngagementHQ "EngagementHQ has been a hit in our community, helping to turn innovative ideas into reaiitV!" ❑annet[e Robberson City of Parker sit. BANG THE TABLE .!� �• engogementHQ.. 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. 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. Open environment Participants can engage with each other. Comments, images and ideas are visible to the community. FORUM IDEAS PLACES Mixed environment Participants can see other contributions. However, there is little peer -to -peer interaction. Some data may be visible to the public, other data is just accessible by admin. STORIES GUESTBOOK Q&A Controlled environment Participants cannot engage with each other. Data is stored in the backend and only accessible by admin. QUICK POLL SURVEYS 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 .._. A Full Spectrum of Engagement Tools Continued WMn are we asq b al the kbX'ep In4Nu,ga Wa do n a The rmpaa1 a aM4ag He. a—.(1)- Crnn_—Eew.r ­ .a.. TOIWy 71aa wth youlWa'ra in the MMa WIN W TranapM Aeomy Mad b ro mn fuMaq As ma, as IM Ih- ..rig A4xd rat itrana tongof rn nvre and Hun CRYCW ncil'a RnwrMlk P qj (n yoyll aea appve, we haw Ildudetl a4Wonl kmdMg in our brldgel for Ih4) Tranapwl Mk . P 0 Twyfo — wry.uppodiig W IN Map e4rrJNanga W,an he veiled IM Hut, .'It M A gtl4 NI to Coavoon IowmMnl'a cydxp/pedeaben ano of a ham pon boast, eM be plan to that to Maaing mhI a r aladon ao,nh, and a Imlbrid p o— Hut Rhwr nphl Into the Men of IM COD Counol la I a.pwclky b Mar fp Ne NZTA wM a fund q decislpn watt a m lh w hw Ha. auu.a te. M be cwu Wppon w a—Wmg tIe MaI41g rrla b Btb,ont al VIa uIn Imo In aNar b anhalea W bec .fr'.tptlf epaxla fitN VAeoss Y h� HI Hael. Raary food ptml Graeler WalWglon Req'vW CuaG a maporWtle W pads oanepon In ow dry (erN 11r real of Ne Wearpla. fegbn) I'm sure If they had p4rs to a —I the MdhN line north Hut CAy CW net wWk M wry muGl MAkk IMm W.evgh sprtw wreWbon wM raabm4 on use of WI mar mrr o I.m woub M nao ) I Mw naked your q Watson ar Iwo pubrc e.kahoor on the Ri wrMM p,oI_ aM wee oaa—I bob Imes the". p,opoa. Meang I --no, wa M but a1 fAden, M gh, b crow pp re Way o b ba —ndatl u Iarnaab tlw Mw brbpa a some bwro da4.'WA Iwkin9 ertl PoMmel wA eN en aalmuion W IM M mg kne unMrwry Long Term Plan 2018-2028 - Have Ybur LD-W Hutt Gt saeavl+Wuk aAmir..a�n'�adrR. IZ� -- Add Recycling Bins to Public Arms © namwn.on Errs anininm. «aAr The strategy is too vague. heavy fines to businesses j Nettle mete mbi aasuaaa who fail 10 upkeep the goals aesthetic appearance and hyglene standards of their premises shot aloe. [n path rnl xrrut and Give people the chance to recycle C! e.temal aspect of the buitdin4_ by making the bins available Jose ra 1n1. Jc men,. ,:o Donate trees to high schools 1th. wankydonkayl for national tree day - ' - Protecting the Ill. -- SOLAR PANELS Escerprnent's unique cultural and environmental heritage NI Muses Ming b.M or (that extends back to over 30 renovated in the III --alter 1st Ja. MILLION years)! S bed with :hc •... ©Twarr population that is destroying the Escarpment, national Dog faeces compost bins at paw and peopled gardens. `beadles rather than plastic In line with Priorily Action Area 1 "Why is improving our city's environmental sustainability important to you?" - Our i4lollongong FORUM A safe and interactive space for your community to discuss and debate pertinent issues. Multithreaded discussions enable deeper engagement for passionate stakeholders. a Include rich media content in the introduction a Unlimited Forum topics per project page a Unlimited comments per Forum topic a Easy to read threaded replies a Participants can agree and disagree on other people's comments a Enable social sharing of Forum topics • Allow unverified participation a 24/7 moderation 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. a Include rich media content in the introduction 11 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 0 F7 X.M.En— Eli A Full Spectrum of Engagement Tools Continued (,Cogswell District Redevelopment Project 0 BtM looks like a very cool spot to hang out Would like to see some interesting artwork here What specific uses and/or amenities would PLACES EGather feedback and photos directly on a map with a ll �•� simple pin drop. Geospatial maps offer participants a cPa fun way to engage and see their contribution on a map. �a Aft awi[k Flan• �? �� Cogswell District Redevelopment Project - HALIFAX Amy's Story: Walking as a Way of Connecting I a.r.Av. ryl. (Amy Lewin is Senior Transportation Planner.wg/rGp 0leading the cily's Pedestrian Plan update ) A love of walking was instilled in me at an early age- I remember walking to school in fourth grade while carrying my tiny violin My mom was a math ..�fs.. � professor, and my dad had a background in urban history He worked as a 4 planner for the city of New Orleans and other organizations I kind of blended the two-1 ended up in engineering, then went into transportation planning. I'm just fascinated by cities -the way they work on multiple levels and the- Canlinua reading You need to be signed into add your comment ®M L,.T—. -rf -.r , Alex's Story: Connecting Destinations Q ©® by Darcy Kllching, 11 m, nib. ,i go [Alex lNemhermems a member of the City of Boulder's Transportation IAdwsoryBoard./ I don't own a car or a bicycle. Growing up in Boulder, I got places on foot, hike or bus, and borrowed a car from my parents when I needed to when I moved F to Houston to go to Rice University, I also chose not to own a car After graduating, I lived in Houstons Museum District, a very walkable area with access to light rail, which made It easy to get to my office in Downtown Transportation Planning Projects - Be Heard Boulder ■. 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 11111 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 in 24/7 moderation 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 A Full Spectrum of Engagement Tools Continued I find your bus service hero In Guelph excellent, you have professional, friendly drivers and your �• r Ilene Aa . • - .,�a n1.1, - -. I drive a large truck through the city daily providing .... -! I .'I'!i I.. :.:I, :I ,li : . service to it* community. While I do enjoy having loose my license one day. I would like to see a more bicycle lanes keeping cyclists safely out of payment service like my Presto card for Guelph, I.M. way I really don't mink this new bicycle lane design Is a good idea The classic design one on correct tare Is always carged, Instead of having to ,a eonhnl, 2, olknv n_ pay cash or buy tickets I would be using your bus lack them and development of bus Spaces to luck .i .-� more d too v.ma the sax them out of the traffic while oading The rails are a �i! :, y..1 a�xf ranc ilea c•au11 v._i_:. �, . . of the neighborhood, All 4 Paws Mobile Spa, r comma a,a Yea yes yea! Lyn Weslfall, , monnw eBe Strengthen overall bus system and oak to increase ridership Easier said men done, but I would happily use the bus mom often If passes and I belie,@ a system like IN. is great for he cityand roum routes were ore conwrtient/acceeslble. could really Influence more use of cycling as daily uaraporlation, is very common knowledge that D—J, r menthe W one of the biggest reasons people refuse to ride on the mods Ia the level of safey, Involved with Tiding along atria vahcfes- V1 'system woukf ow Bike lanes are important and I love real this is on implement a safe alternative roule for emergency the minds of the city planners I have no issues of vehicles while we're in this we of distracted drivers, wfiing out parking for the complete slreeP too many limas Ive witnessed emergency vehicles concept, but many do. Was the conceplot u bleed by annrmL'w*mduafad amm eldendino aide walks to include both a bike lane Transportation Master Plan - Have YCfur Say Gueiol� QHow did you decide on the salary range for the Library Director?+: 0 11 month:agc F� The City of Tigard uses a set of cities, some smaller and some larger In population, as the market basis for setting wages In 2008/2OD9 the city had a study completed that considered both wages and total compensation in the comparison The results of that process, established the cites current pay structure We reviewed the study data on the Library Director and the position was in the middle of the market of our peer cities- City of Salem, City of Beaverton, City of lake Oswego, City of Hillsboro, City ofrigard, City of Albany, City of Wilsonville, City of West Linn, City of Mllwaukie QWhy Is the city is repeatedly decrying that it has to cut services and programs yet 0000 you're hiring for a Digital Communications Coordinator? 11 moms ago Last year, we addressed some of our financial challenges by retxaminingour current staffing We eliminated the Communication Strategist position (40 hours/week) and reallocated the funding to a Digital Communications Coordinator (30 to 32 hours/week) The coordinator position is at a significantly lower salary range than the strategist position. We should have been clearer on the salary listed in the original position. The salary range for the coordinator position Is $24 90 - $33 24 hourly The city determines appropriate wages by evaluating the necessary experience, education, skills, and abilities for each job and comparing wages with other similarly -sized cities In the region in effort to recruit and retain qualified, motivated employees. Mint importantly, the coordinator position aligns with two clry council goals focused on engagement and communications. Ask HP - Engage Tigard 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 e 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) 1111 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 a Enable social sharing of questions A Full Spectrum of Engagement Tools Continued QUICK POLL 4 Ask a single question and get immediate insight with this What is the most common er quick and targeted tool. Polls are an easy way to activate traditional design in your simple engagement with a single question. area? I i I i vfn v ■moles Character Design Forum -Your SOV Brisbane 16 How well do you think your wmmunity Is currently tackling climate change? Survey starts All fields marked with an asterisk r) are required t. Does your community currently have a climate initiative In place? a Yes No I'm not sure 2. What part of your community's climate initiative are you most excited by? I Finish I ■ 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 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 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. LIFECYCLE Outlines the stages of your project to your community and communicate project progress as you move through each stage. RELATED PROJECTS Showcases related projects to cross- pollinate engagement and promote self - learning. AM, WHO'S LISTENING Humanizes projects by displaying profiles of the people listening to feedback on your project. IMPORTANT LINKS Lets you display a list of links important to your project. U KEY DATES Displays and promotes key dates associated with the off-line engagement process such as public meetings. PHOTOS The photo gallery displays two custom images from an unlimited capacity image gallery. Q FAQ Displays a short list of frequently asked questions and answers about your project with a link through to the FAQ page. 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. FOLLOW PROJECT SIGN UP BANNER NEWS CATEGORIES QUICK POLLS Provides CUSTOM Allows Allows registered Encourages your Automatically adds a a transparent and the integration of and unregistered community to register list of categories from accessible way embedded content participants to and builds your your published news to capture public from any third -party subscribe to the participant database. articles. sentiment quickly. source. project. Information tools can be customized to align with your organization's language and your site's look and feel. Participant Relationship Management (PRM) 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. 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. i Create Preview Select recipients Select a participant group Q• or Create a Group O List of recipients OAdd Recipients Send Select participant from a previous project O' I Create an email list of past project participants Send email updates to participants through EngagementHQ 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. Register Welcome to Our Future Your Future_ Sign-up below and get Involved In conversations that will help shape our community. Steen Name (this win'-1>Aese Pulimciff when you clse-lbui. vl uw wnl - Email (this will be kept confiden l P,au­.. Passwords must be B to 16 characlers and —,am a combs.— of numbers and 6,11—wil1, .i Its" �. tv...-nv!mlr are �,r,cvett>ve ,etrr• Pawalo d c.nramnlan About you! The following questions help us better understand our commwdly and the feedback they provide This information a kept confidential and will rot be used to identify Indmduals It will help us ensurs we arc only connecting you about consutlatlon, you might be Interested In Where do you flw? Participants Learn more Filtd by: Hubs Protect actiylry, - Project lag Participant tag ' Suburb • S,gnup Form Status •• Other FILTERS APPLIED: c,natis r•eW Wourr Bulk Tag Participants: Sclecl of .1Utl a lap — - Showing 1- 25.1104 Upload Jr knit. G sam�n um. n;M�n. Screen name Entail Joined Last Actions seen ymnr,•cvwt—ii com 7mP. view I Edit I Black Participant Relationship Management(PRM) Continued ■ 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. Visibility Project Image Advanced Project Visibility Modes • The visibility tool gives your projects three modes of visibility: 'Public' (anyone can view and participate), Public 'Paneled' (anyone can view, but only invited panelists Myone can wew this project can participate), or 'Protected' (only selected groups can view and participate). 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. ® DEMOGRAPHICS FILTER Select one or more questions for analysis n What do you do in Futureville? Apply Filt Options Click options to select or deselect filter 90 • Parks and Recreation 100 �1 ... • .. • Waste Management and 70 70 Recycling I am interested in consultations about... 75 60 So • Access and Inclusion sa • Public, Housing and 30 so Housing Affordability • City Planning and When were you born? 25 _ Development 1/2 SENTIMENT SUMMARY Ak — Select all It looks pretty bleak to me, we are on the wrong track Faith Alexander, 08 May 2018, 01:44 PM It looks like a place where I can grow old and support my Family whilst enjoying access to world class public services and transport. Cynthia Wise, 08 May 2018, 01:44 PM 0 ycid o top. Confidence: 99.22% Economy x bleak x good x Add ld� Confidence:89.6% good x Reporting and Analytics Continued Reporting 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. Live ANviry �.�. ""'om y11Om Annauncemems "� - 1672 896 224 Climate Adlon Survey Engaging wllh Public transport . local govemmenl . in your area a D[M11OGN.e HICS •eaf 91' PKl h ' C�] 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. TOOLREPORTS 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 EngagementlQ 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. Reporting and Analytics Continued 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. s~all ndvarstedS.arth TEXT ANALYSIS w.a rm.ma:a�rnl Understand which issues are important to your Dl-cry[or, Ea�mno,e.pm r. ara°x[rr 1.— 1.wrr,iM1 v dlnre.nl mino :aor,. wwrn nomrna. sem pnHrc..r„ollomo m ru sooe eenrurnnand °; r.�r. rad�,wY rm,dRmre•°rrr,�r�',,. o„ rrrin..r.a,llr.�,.rr 'r community by analyzing comments across tools, ,��, _ anwa mpn m� pvriet°rs B�rrnr Co. �nla, ]vlp 11 S.1 MA r�•r. Lonr nrr,, including Forum and Survey tools. Keyword tags can be applied allowing you to identify key themes across Mvr�,nmrr �r�irmN.„.v rn rnr my r.grrmy mm^.wlnrnre varr anri rt•nn mm• ve Bmlwe mvea:mnoagrblrpeen pacnc cr'+�nel �,�°I°^..n,m•LI,.I Tncse':pxr, <an:IrE be u:rd the data that can be further segmented by both ., r oery lna[rsm°rr ra�rn w:]r-:eru:lnrcmrlon°mr.v Ir�.w rr [u4y'c drt<rIY �^male nenry.U�: Inreany,mp°rumnu; Nrurrnle de,�na Ue:omca rw.r ;[a.r Il,•r�r demographic and sentiment for deeper analysis. QDEMMR-HICSFlLTER SHen oxwmo•e eunnwrcicr ana�zi° n DEMOGRAPHIC FILTERING wrot do yl°do 11 FloufCN10 Use the demographic details you collect from so -� participants during the registration process to filter Wr ri;�r[H:eJ�[+InI.NM�wN �1[rtC. � your feedback data and identify trends within your " when we rey-b...P community segments. Now do you rdennry> QSEMINENESLMLMRY '}M II wS 11- .ref.l oML m,n.1.,c rUe anlM m°nREra;: �.r honwnY • I W I Road no° - cntr.,..aoane,.o.o.r m,um Monni.rvwnwl:nr.< p6 How would you rate the quality of FutureVllle's roads? SENTIMENT ANALYSIS Through the use of Artificial Intelligence (Al), 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 9w, vo. Get a detailed report of all your survey responses to 0� see specific answers by each community member to each survey question. Download survey questions and • Very Poor answers with easy to understand graphs and charts that summarize community responses for each question. 24/7 Moderation's 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 seam 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. bil mil, �W4* —WP...­. tay.v•: i, Vl'� k dry.. �•:J'.�\ 24/5 Technical Support 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 a" TWTA&C .%�• engogementHQ Hi there Start a conversation with us below! We're ready to answer your questions and help you get the most out of EngagementHQ. Start a conversation The team typically replies in under 5m 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 Critical core function site issue EXPECTED RESPONSE AND RESOLUTION TIMES Resolution within 4 hours Minor critical core function site issues Response within z hours and resolution within 1 business day Non -critical core function site issue Resolution within Z business days Minor non -critical core function Resolution occurs as soon as possible, site issues 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. f 10 f 0 0 Introducing EngagementlQ "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 Expert Advice, Training and Support Whether you're looking for quick strategy advice, help delivering a project or additional online training for your team, our EngagementlQ team have you covered. 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. �u._,..�._�..,...:_s...••�rn••�� ' � - - r„r•�.ra-r•r•rr,.,�ir.� Select Vour Level of Support Choose a plan most suited to your needs. We have options for organizations at every stage of their journey with EngagementHQ. 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 i EngagementlQ 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 EngagementlQ 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. Book Your Sessions Work with your EngagementlQ 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. Essential Example session plan Flexibility for small teams and experienced organizations. 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. Ml000 SESSION Z Driving Participation Strategic progress check -in. Learn and discuss strategies for driving participation and managing your PRM as an essential engagement asset, 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. "M 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. PROJECT SUPPORT Utilize some of your packaged hours for support in planning and delivering your projects. Schedule a session with your EngagementlQ team member prior, during and after your project is complete for expert support and advice for whole project delivery. Book Your Sessions Continued 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. 0 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 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. 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. 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. 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. 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 EngagementlQ advice when they need it the most. Getting Started with EngagementHQ The new Bluehaven interface offers administrators intuitive navigation,.•.::" in app tours and helpful prompts to guide learning and feature discovery. Welcome to EngagementHO1 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. Onboarding Process Site Kick-off : Site Scoping Online Self -directed Online : Pre -launch Launch Delivery . Meeting : Session Training Site Build : Training : Quality : Site Assurance and Testing 'SITE BUILD 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. Custom Onboarding Site Kick-off Site Scoping : Online : We Receive : We Build '• Site Build Online Accessibility Pre -launch = Launch Delivery Meeting : Session : Training Your Content Your Site Iterations Training Audit Quality = Site Assurance and Testing Add Custom Support Continued 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. Training Our EngagementlQ Team can provide tailored training to suit any organization IN-HOUSE TRAINING AND WORKSHOPS Host our EngagementlQ 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. b some Add Custom Support Continued 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. Age of Participants V Y Q 1 Elm =1 1111111111111110 Age Group Categories Discussed I Tran - 4 P01W fa. UNION — `I AiPnl^A Gender of Participants Topics Discussed Waste sw,mnu !� Sustain � Respon. �` fMAldfi�� Ove,cr_ � _.L j ' Accessi I Afforda Clu�vnr i L'oenmu.. � Frl�unlfn I Irvuetm.. w Flow go* 001 yourcla IN r4q4% Our Community of Engagement Practitioners Bang the Table supports approximately: 1 Z,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 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. Design and Customization Options "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 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 Let's Talk Niagara Falls Wrknn .r,inn wµnMlh tM fr.Y nl N+ynrn 1- thar.Jk—Krrr ontMutc av raor.aM leeaWex an (hy manors mpru[onl [o you! [mpwcr you i.�ruMmm..rtrwn Jul•.J me «nnmimq.xM lrr,ror Wr.n.11�n�rr, rA.r *+rr uy Ye yotn opnron; No xlaunl aM rcpwt G,J to you on ion lommunM nqn <nnrrault•, to rhrwr. Q Niagara Falls CulTural FI'ub & Fermels' Malket 91 ;I. Community Engagement I ra mPwnrk CGNNECT2CAE0TE ti Are you ready to Connect-z-Create? FM us an T-illw IYW� Torquay Welcome to Our Queenstown Airport Jolnthecomersatlnn I � y Ropof.d Nd.<Canq[. IPYMr k1..l.r M.n Nyil[a.w.Y. pqueenstownairpurl FAQ Key Qalos Bondi Kingston Conversations s. wn�uth rhmsidr • - f supplementary Wanrift C—blinv Acc:005 polio/ fksrilrnrrn. daptcr! Inrlrr rcy%�r:: ........................ Have your say on local Issues that matter to you illMlill 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 EngagementlQ_ services. Services for residents For business Development Our Council IOWD-19 Home Projects Fpps Sign In Register oi SHAPE LAKE MAC recycling lake Mactibranes Carters 15e are romminM ro ensuring inx ins larai<omm.nny mr onnior'r n rnr ercivon, mnr artrn inrir live and ouremoonmrm eWasteand = .e•ewi...v wn..M r-.mr yrv. rr Nw,"ngacd Pay —tend mms Animals FI/ dersl9pmmH rl e. uu e. Mw o,„ ..>M.•rW,w�r„d. en aeachesand Sri. Raport an Issue Trees Contras e•m. wr.ai_ ur K,n_.w,nn r.•.wv✓•. stud. Lake Macquarie City Council Website Lake Macquarie City Council EngagementHQ Site 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. Safe Active Street Program - Elizabeth Street and Jenkins Avenue _ - -+ `•� Ny„r ,,,,; �, µ �,,., j Depiri—iof Transport X.w un Yov gel inmo . find out more aPmrlde Ieed Ir?—.»rr•r.-. rrr De.Yed design h.s commenced O G O O b w a �rk.u�.r rrwr Product Innovation and Enhancement "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 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, Marketplace ACCESS & SECURITY EMAIL & SMS EMBEDS & ENGAGEMENT TOOLS REPORTING & ANALYSIS SERVICES & TRAINING 4.8 Ls Message mailehimp campaign emma �. v I s I o n Media Monitor {y MailChimp Campaign Monitor emma Brand Integration r.t.,tr . MessageMedia n.nnr.r you nnri ril iris it I_p Carol '+;n Monitor rlr-giszrr, yr.ui in err-.. n nlegr atr ypu cr I nLr- g;;rr yn u. in r—z to nt,a i hypo, natah�sr and groups m ;r. rrnrl email connrct rHCI ro vnur "Nosh nratlrl, loo[r: connrrt eHC m your rnmmunicntln* ann \'Jul iUi.11lClliiilr; �Unlinunl.JliUn LU Y-u holm:: uCcaunL u l rll`_.Lyll•_T—tt IfAu Vi.1tll'.6 J! —IL ;regal; C'm�nl.naLegy itmV ...„.. or �i• •4 korwei❑ Autho SalancingAd ett 5Wr?1CflrW •`• GRANICUs Sentiment Analysis Konveio Workforce Single Si... Balancing Act Constant Contact govDellvery by Gran... Scan you, Cemmunirys POP, Use your work network Budgm Srmulanon Connrn your rHQ The Pdnst Tr usLeo Senunlent In 5ecunds Lo convey ideas, .olletL wcin cr,dc,o, s m mcanmglul hnanoal parPopant damoasc to Marketing Flatlorm for uaing Machine Le—,,,% feedback and spark access eHQ uansparency B your Constant COfAaCL GuvernmenL L11ces for residents for business Development Our Council Loundlloreapenses and Lake Tributary Flood Studies lake Macquarie the suburb facilhies poliq , I wn2 o.ro+w�.•t.rm.r e.,e �:�arwR.m.s.:.. urru�u.ma�ouaw�..0 ro..c rsrv..+✓r.wA.++.e no�e'viw s,a:.amwmC.rAwiueni� pr�.aim wemc oo v. ruvawew .l«auwae..�mr�cwa.,c_ ew:.,�a q.m.nn u. Meww._ rummW mN.�e+v r..ee.a....:.a StNLLE Ss:110e u 11+wno.e Fylr W syslEass Campaign Monitor emma maifchimp Z vision' Cornwr9 CWlGOC ". EngagementHQ Marketplace Continued 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 •.I�• BANG THE TABLE Partnership Integrations .!� �• marketplace Bang the Table has partnered with other leading solution providers around the world to build a comprehensive ecosystem for community engagement practitioners fialancingAct 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. konveio — 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 Message rich media overlays right within the shared PDF document�fl . Media 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 GG-R AN ICUS 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. Technical Specifications 0 I* 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 IS0 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. Security and Privacy Continued 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 RIDS with attachments stored within AWS S3. All data stored on AWS RIDS 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. Sig All fields marked with an ast, Email or Login ' jane@example.com Password ' .................. O Remember Me am= Forgot password? WI Hosting INFRASTRUCTURE Your EngagementHQ site is hosted on Amazon Web Services (AWS) infrastructure within your jurisdiction as below: COUNTRY Australia New Zealand Canada United Kingdom United States of America HOSTING LOCATION AWS, Asia Pacific (Sydney) AWS, Asia Pacific (Sydney) AWS, Canada (Central) AWS, EU (London) AVUS, US West (Northern California) 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.comlcpnsliance for more information, MANAGED SERVICES We have contracted Rackspace to manage our hosting environment 240. They provide us with operational and strategic support to ensure our systems are best - in -class, secure and available at all times. Like AWS, Backspace are a global company certified for a wide range of international security standards confirming their operations are safe and trustworthy, see: vAvvv. .:.com/cerffications. 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 SLAB. 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. 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! ftb