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HomeMy WebLinkAboutC24-285 JustFOIA, Inc AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN EAGLE COUNTY, COLORADO
AND
JUSTFOIA, INC.
THIS AGREEMENT (“Agreement”) is effective as of _______________ by and between JustFOIA, Inc.,
a Delaware corporation (hereinafter “Contractor” or “Consultant”) and Eagle County, Colorado, a body
corporate and politic (hereinafter “County”).
RECITALS
WHEREAS, Contractor offers public records management services that assist public entities compile and
distribute records responsive to Colorado Open Records Act. C.R.S., § 24-72-201, et. seq. (“CORA”)
requests; and
WHEREAS, County desires to obtain a license to use Contractor’s software to assist County in
completing CORA requests; and
WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill,
expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and
WHEREAS, this Agreement shall govern the relationship between Contractor and County in connection
with the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and
County agree as follows:
1. Services or Work. Contractor agrees to provide the Services as described in Exhibit A
(“Services” or “Work”) which is attached hereto and incorporated herein by reference, which Services
shall include access to Contractor’s Platform. The Services shall be performed in accordance with the
provisions and conditions of this Agreement.
a. In t he event of any conflict or inconsistency between the terms and conditions set forth in
Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in
this Agreement shall prevail.
2. County’s Representative. The I.T. Department’s designee shall be Contractor’s contact with
respect to this Agreement and performance of the Services.
3. Term of the Agreement. This Agreement shall commence upon the date first written above, and
subject to the provisions of paragraph 11 hereof, shall continue in full force and effect for a period of one
year.
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4. Extension or Modification. This Agreement may be extended upon written agreement of the
parties. Any amendments or modifications shall be in writing signed by both parties. No additional
services or work performed by Contractor shall be the basis for additional compensation unless and until
Contractor has obtained written authorization and acknowledgement by County for such additional
services in accordance with County’s internal policies. Accordingly, no course of conduct or dealings
between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to
the Services, and no claim that County has been unjustly enriched by any additional services, whether or
not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation
payable hereunder. In the event that written authorization and acknowledgment by County for such
additional services is not timely executed and issued in strict accordance with this Agreement,
Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall
result in non-payment for such additional services or work performed.
5. Compensation. County shall compensate Contractor for the Services in accordance with the fee
schedule set forth in Exhibit A. The fee for the services provided under this Agreement shall not exceed
$13,841.00. In the event of a renewal of this Agreement, compensation for that renewal term, if any, shall
not exceed the sum that is equal to a five percent (5%) increase over the prior year’s compensation
amount. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside
of normal business hours unless specifically authorized in writing by County.
a. Payment will be made for Services satisfactorily performed within thirty (30) days of
receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the
hours spent, tasks performed, and the role of the individual who performed each task.
b. If, at any time during the term or after termination or expiration of this Agreement,
County reasonably determines that any payment made by County to Contractor was improper because the
Services for which payment was made were not performed as set forth in this Agreement, then upon
written notice of such determination and request for reimbursement from County, Contractor shall
forthwith return such payment(s) to County. Upon termination or expiration of this Agreement,
unexpended funds advanced by County, if any, shall forthwith be returned to County.
c. County will not withhold any taxes from monies paid to the Contractor hereunder and
Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to
payments made pursuant to the terms of this Agreement.
d. Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any
period after December 31 of any year, without an appropriation therefor by County in accordance with a
budget adopted by the Board of County Commissioners in compliance with Article 25, title 30 of the
Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the
TABOR Amendment (Colorado Constitution, Article X, Sec. 20).
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6. Subcontractors. Contractor acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any
subcontractor agreements for the performance of any of the Services or additional services without
County’s prior written consent, which may be withheld in County’s sole discretion. County shall have
the right in its reasonable discretion to approve all personnel assigned to perform the Services during the
performance of this Agreement and no personnel to whom County has an objection, in its reasonable
discretion, shall be assigned to the Project. Contractor shall require each subcontractor, as approved by
County and to the extent of the Services to be performed by the subcontractor, to be bound to Contractor
by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities
which Contractor, by this Agreement, assumes toward County. County shall have the right (but not the
obligation) to enforce the provisions of this Agreement against any subcontractor hired by Contractor and
Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions
of its agents, employees and subcontractors.
7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the
following insurance coverage with limits of liability not less than those stated below:
a. Types of Insurance.
i. Workers’ Compensation insurance as required by law.
ii. Auto coverage with limits of liability not less than $1,000,000 each accident
combined bodily injury and property damage liability insurance, including coverage for owned, hired, and
non-owned vehicles.
iii. Commercial General Liability coverage to include premises and operations,
personal/advertising injury, products/completed operations, broad form property damage with limits of
liability not less than $2,000,000 per occurrence and $4,000,000 aggregate limits.
iv. Professional Liability (Errors and Omissions) including Cyber Liability with prior
acts coverage for all deliverables, Services and additional services required hereunder, in a form and with
insurer or insurers satisfactory to County, with limits of liability of not less than $3,000,000 per claim and
$3,000,000 in the aggregate. The insurance shall provide coverage for (i) liability arising from theft,
dissemination and/or use of confidential information stored or transmitted in electronic form; (ii) Network
Security Liability arising from unauthorized access to, use of or tampering with computer systems including
hacker attacks, inability of an authorized third party to gain access to your Software or Services including
denial of access or Services unless caused by a mechanical or electrical failure; (iii) liability arising from
the introduction of a computer virus into, or otherwise causing damage to, County or a third person’s
computer, computer system, network or similar computer related property and the data, software and
programs thereon.
v. Crime Coverage shall include employee dishonesty, forgery or alteration and
computer fraud. If Consultant is physically located on County premises, third party fidelity coverage
extension shall apply. The policy shall include coverage for all directors, officers and employees of the
Consultant. The bond or policy shall include coverage for extended theft and mysterious disappearance.
The bond or policy shall not contain a condition requiring an arrest or conversion. Limits shall be a
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minimum of $1,000,000 per loss.
b. Other Requirements.
i. The automobile and commercial general liability coverage shall be endorsed to
include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials,
employees, agents and volunteers as additional insureds. A certificate of insurance consistent with the
foregoing requirements is attached hereto as Exhibit C.
ii. Contractor’s certificates of insurance shall include subcontractors, if any as
additional insureds under its policies or Contractor shall furnish to County separate certificates and
endorsements for each subcontractor.
iii. The insurance provisions of this Agreement shall survive expiration or
termination hereof.
iv. The parties hereto understand and agree that the County is relying on, and does
not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights,
immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time
amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected
officials, employees, agents and volunteers.
v. Contractor is not entitled to workers’ compensation benefits except as
provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation
coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal
and state income tax on any moneys paid pursuant to this Agreement.
8. Indemnification. The Contractor shall indemnify and hold harmless County, and any of its
officers, agents and employees against any losses, claims, damages or liabilities for which County may
become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or
indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any
of its subcontractors hereunder; and Contractor shall reimburse County for reasonable attorney fees and
costs, legal and other expenses incurred by County in connection with investigating or defending any such
loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties
against the County to the extent that County is liable to such third party for such claims without regard to
the involvement of the Contractor. This paragraph shall survive expiration or termination hereof.
9. Ownership of Documents. All documents (including electronic files) and materials obtained
during, purchased or prepared in the performance of the Services shall remain the property of the County
and are to be delivered to County before final payment is made to Contractor or upon earlier termination
of this Agreement.
10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i)
personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii)
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when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their
respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either
party may change its address for purposes of this paragraph by giving five (5) days prior written notice of
such change to the other party.
COUNTY:
Eagle County, Colorado
Attention: Jake Klearman
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-3595
E-Mail: jake.klearman@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
E-Mail: atty@eaglecounty.us
CONTRACTOR:
JustFOIA, Inc.
Attention: Larry Davidson
3717 Apalachee Parkway, Suite 201
Tallahassee, FL 32311
Telephone: 866-761-5301
E-Mail: ldavidson@justfoia.com
11. Termination. County or Contractor may terminate this Agreement, in whole or in part, at any
time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’
prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately
provide County with all documents as defined in paragraph 9 hereof, in such format as County shall direct
and shall return all County owned materials and documents. County shall pay Contractor for Services
satisfactorily performed to the date of termination.
12. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to
this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado,
which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and
interpreted under and shall be governed by the laws of the State of Colorado.
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13. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or
more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the
same instrument. The parties approve the use of electronic signatures for execution of this Agreement.
Only the following two forms of electronic signatures shall be permitted to bind the parties to this
Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the
image of the signature of an authorized signer inserted onto PDF format documents. All documents must
be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform
Electronic Transactions Act, C.R.S. 24-71.3-101 to 121.
14. Other Contract Requirements and Contractor Representations.
a. Contractor has familiarized itself with the nature and extent of the Services to be
provided hereunder and the Property, and with all local conditions, federal, state and local laws,
ordinances, rules and regulations that in any manner affect cost, progress, or performance of the Services.
b. Contractor will make, or cause to be made, examinations, investigations, and tests as he
deems necessary for the performance of the Services.
c. To the extent possible, Contractor has correlated the results of such observations,
examinations, investigations, tests, reports, and data with the terms and conditions of this Agreement.
d. To the extent possible, Contractor has given County written notice of all conflicts, errors,
or discrepancies.
e. Contractor shall be responsible for the completeness and accuracy of the Services and
shall correct, at its sole expense, all significant errors and omissions in performance of the Services. The
fact that the County has accepted or approved the Services shall not relieve Contractor of any of its
responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner
and in accordance with the standard of care, skill and diligence applicable to contractors performing
similar services. Contractor represents and warrants that it has the expertise and personnel necessary to
properly perform the Services and shall comply with the highest standards of customer service to the
public. Contractor shall provide appropriate supervision to its employees to ensure the Services are
performed in accordance with this Agreement. This paragraph shall survive termination of this
Agreement.
f. Contractor agrees to work in an expeditious manner, within the sound exercise of its
judgment and professional standards, in the performance of this Agreement. Time is of the essence with
respect to this Agreement.
g. This Agreement constitutes an agreement for performance of the Services by Contractor
as an independent contractor and not as an employee of County. Nothing contained in this Agreement
shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture
or any other relationship between County and Contractor except that of independent contractor.
Contractor shall have no authority to bind County.
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h. Contractor represents and warrants that at all times in the performance of the Services,
Contractor shall comply with any and all applicable laws, codes, rules and regulations.
i. This Agreement contains the entire agreement between the parties with respect to the
subject matter hereof and supersedes all other agreements or understanding between the parties with
respect thereto.
j. Contractor shall not assign any portion of this Agreement without the prior written
consent of the County. Any attempt to assign this Agreement without such consent shall be void.
k. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto
and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all
rights and obligations hereunder are reserved solely for the parties, and not to any third party.
l. No failure or delay by either party in the exercise of any right hereunder shall constitute a
waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding
breach.
m. The invalidity, illegality or unenforceability of any provision of this Agreement shall not
affect the validity or enforceability of any other provision hereof.
n. The signatories to this Agreement aver to their knowledge no employee of the County has
any personal or beneficial interest whatsoever in the Services or Property described in this Agreement.
The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree
with the performance of the Services and Contractor shall not employ any person having such known
interests.
15. Accessibility Requirements.
Contractor agrees:
a. The Services either comply, or Contractor is making a good faith effort to bring the
Services into compliance with all applicable state and federal disability laws and regulations, including
but not limited to, the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, The
Americans with Disabilities Act, C.R.S. § 24-85-101, C.R.S. § 24-85-102, and C.R.S. § 24-85-103 as
those laws are amended and implemented through regulation.
b. The Services either conform, or Contractor is making a good faith effort to bring the
Services into conformance with, the accessibility standards outlined in WCAG 2.1 A and AA, or the most
current standards published by the World Wide Web Consortium and all other accessibility standards
imposed, as amended, by the Colorado Governor’s Office of Information Technology (collectively, the
“Accessibility Standards”).
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c. County reserves the right to require Contractor to submit a Voluntary Product
Accessibility Template (“VPAT”) 2.5 WCAG 2.1 or later or other format specified by County. Contractor
shall maintain and retain, subject to review by County, full documentation of the measures taken to ensure
the Services is in compliance with the Accessibility Standards, including records of any automated,
manual and user testing or simulations conducted.
d. Contractor acknowledges and agrees that if the Services do not sufficiently meet the
Accessibility Standards, then County may be required to terminate this Agreement.
e. Contractor shall hold County harmless from and indemnify County for any claims arising
out of its failure to comply with the Accessibility Standards, including but not limited to, the liabilities
and penalties identified in C.R.S.§ 24-34-802.
16. Data Security.
a. Definitions:
i. “County Data” means all data created by or in any way originating with County
and End Users, and all information that is the output of any computer processing, or other electronic
manipulation, of any information that was created by or in any way originating with County and End
Users, in the course of using and configuring the Services provided under this Agreement, and includes
all records relating to County’s use of Contractor Services and Protected Information.
ii. “End User” means the individuals (including, but not limited to employees,
authorized agents, students and volunteers of County; Third Party consultants, auditors and other
independent contractors performing services for County; any governmental, accrediting or regulatory
bodies lawfully requesting or requiring access to any Services; customers of County provided services;
and any external users collaborating with County) authorized by County to access and use the Services
provided by Contractor under this Agreement.
iii. “Protected Information” includes, but is not limited to, personally-identifiable
information, student records, protected health information, criminal justice information or individual
financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information
that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use
and disclosure of such information. The loss of such Protected Information would constitute a direct
damage to the County.
iv. “Security Incident” means the potentially unauthorized access by non-authorized
persons to personal data or non-public data the Contractor believes could reasonably result in the use,
disclosure or theft of County Data within the possession or control of the vendor. A Security Incident
may or may not turn into a data breach.
b. During the course of Contractor's performance of the Work, Contractor may be required
to maintain, store, process or control County Data. Notwithstanding Contractor’s security information
described in Exhibit B, which is attached hereto and incorporated herein, the Contractor represents and
warrants that:
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i. Contractor will take all reasonable precautions to maintain all County Data in a
secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted
firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware
containing County Data;
ii. Contractor’s collection, access, use, storage, disposal and disclosure of County
Data shall comply with all applicable data protection laws, as well as all other applicable regulations and
directives;
iii. Contractor will notify County of any Security Incident as soon as practicable, but
no later than 24 hours after Contractor becomes aware of it;
iv. Contractor will provide information sufficient to satisfy County’s legal and
regulatory notice obligations. Upon notice of a Security Incident, County shall have the authority to
direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s
expense, and Contractor shall be liable for any resulting damages to County.
v. Where Contractor has been contracted to maintain, store or process personal
information on behalf of the County, it shall be deemed a “Third-Party Service Provider as defined in
C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with
C.R.S §§ 24-73-101 et seq.; and
vi. Contractor will promptly return or destroy any County Data upon request from
the County Representative.
c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply
to any breach of the provisions of this Paragraph.
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IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above.
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
By: ______________________________
Jeff Shroll, County Manager
CONSULTANT
JustFOIA INC.
By: _____________________________________
Print Name: ______________________________
Title: ___________________________________
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General Manager
Larry Davidson
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EXHIBIT A
SERVICES AND FEE SCHEDULE
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(rev. 10/17/2023)
This Order, designated as Order No. 32219 (this “Order”) is entered into as of the date of the last signature (the “Order
Effective Date”), by and between JustFOIA and Client.
A. No amendment or modification to this Order will be valid unless set forth in writing and formally approved
by authorized representatives of both parties.
B. No change order, notice, direction, authorization, notification, or request will be binding upon Client or
JustFOIA, nor will such change be the basis for any claim for additional compensation by JustFOIA, until Client
and JustFOIA have agreed in writing to such change, or to execute a new order, as appropriate.
C. Use of pre-printed forms, including, but not limited to email, purchase orders, shrink-wrap or click-wrap
agreements, acknowledgements, or invoices, is for convenience only and all pre-printed terms and conditions
stated thereon, except as specifically set forth in this Order, are void and of no effect.
D. This Order may be executed in several counterparts, each of which will be deemed an original, and all of which
taken together will constitute one single agreement between the parties with the same effect as if all the
signatures were upon the same instrument. The counterparts may be executed and delivered by facsimile or
other electronic signature (including portable document format) by either of the parties and the receiving
party may rely on the receipt of such document so executed and delivered electronically or by facsimile as if
the original had been received.
E. This Order, and any claim dispute or controversy hereunder (a “Dispute”), will be governed by the laws of the
state where Client is located, in each case without giving effect to any principles of conflicts of laws. The UN
Convention for the International Sale of Goods and the Uniform Computer Information Transactions Act will
not apply. In any Dispute, each party will bear its own attorneys’ fees and costs and expressly waives any
statutory right to attorneys’ fees.
F. This Order is subject to the Assumptions, Terms & Conditions set forth below.
G. This, and the preceding Sections of this Order shall survive after termination or expiration of the same.
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PRICING
3717 Apalachee Parkway, Suite 201
Tallahassee, FL 32311
850.701.0725
850.564.7496 fax
Bill/Ship to: Jake Klearman
jake.klearman@eaglecounty.us
cc AP Contact: jake.klearman@eaglecounty.us
Client Name: Eagle County Quote Date: June 21, 2024
Client Address: 500 Broadway, Eagle,
CO 81631
Quote Number: 32219 Subscription Period Start Date: Date of
Contract Execution
Quote Type: New JustFOIA System Subscription Period End Date: 12 Months
from Date of Contract Execution
Product Description: Qty. Unit Cost Total
JustFOIA ANNUAL RECURRING SERVICES
JustFOIA Pro Plus 1 $9,835.00 $9,835.00
Single Sign-On (SSO) 1 Included Included
Any & All Document
Management
1 Included Included
Unlimited Admins, Power
Users & General Users
1 Included Included
Unlimited Storage 1 Included Included
Site
Name:
Eagle County, CO Included Included
URL: eaglecounty.justfoia.com Included Included
JustFOIA SUPPLEMENTAL SUPPORT
SUBSCRIPTION
JustFOIA Administration
Assistance
1 $1,386.00 $1,386.00
Up to 10 hours of JustFOIA staff time to be
used post-implementation for training,
consultation, configuration or adjustments
to workflows. Hours expire when
subscription period ends.
1
SUBTOTAL - RECURRING ANNUAL SERVICES $11,221.00
Service Description: Qty. Unit Cost Total
JustFOIA SERVICE PACKAGES
Pro Implementation 1 Included Included
Configuration of 1 Request
Form
1 Included Included
1. Eagle County Records Requests
Additional Department
Onboarding
1 $2,250.00 $2,250.00
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(rev. 3/2/2023)
1. DHS Child Protective Services
Records Requests
Single Sign-On
Configuration
1 Included Included
Any & All Document
Management Configuration
1 Included Included
Dynamic Fields
Configuration (up to
10/package)
1 $370.00 $370.00
SUBTOTAL - ONE-TIME SERVICES $2,620.00
YEAR 1 ORDER COST $13,841.00
This is NOT an invoice. Please use this confirmation to initiate your purchasing process.
RECURRING SERVICES
Client has elected to license the JustFOIA software provided as a service (the “Solution”).
The Recurring Services portion of this Order and/or applicable Addendum will systematically renew unless written
notice of termination has been provided. An annual increase of 5% will be applied to the immediately preceding
annual rates (excluding any initial or one-time discounts) unless Client has terminated the Order and/or Addendum
earlier, as set forth below, or provided sixty (60) days written notice prior to the scheduled renewal date of the
Recurring Services.
SALES TAX
Sales tax will be invoiced where the Client is not exempt and/or has not communicated its tax status to JustFOIA. Sales
tax is not included in the fee quote above.
TERM
Either party may terminate this Order upon any of the following:
(a) Thirty (30) days after a party’s receipt of written notice from the other party that this Order and/or applicable
addendum shall be terminated; or
(b) Thirty (30) days after one party notifies the other in writing that they are in breach or default of this Order, unless
the breaching party cures such breach or default within such thirty (30) day period; or
(c) Fifteen (15) days after the filing of a petition in bankruptcy by or against either party, any insolvency of a party,
any appointment of a receiver for such party, or any assignment for the benefit of such party’s creditors (a
“Bankruptcy Event”), unless such party cures such Bankruptcy Event within the fifteen (15) day period; or
(d) If Client has not paid in full the renewal invoice within 45 days after scheduled renewal date of the Recurring
Services, the Order (and/or applicable addendum) will systematically terminate, but may be reinstated if/when
the Client pays the renewal invoice in full (including any applicable reinstatement fees); orIf Client is a city, county,
or other government entity the following applies: If Client’s governing body fails to appropriate sufficient funds
to make payments due and to become due during Client’s next fiscal period, Client may, subject to the terms
herein, terminate the Order as of the last day of the fiscal period for which appropriations were received (each
an “Event of Non-appropriation”). Client agrees to deliver notice of an Event of Non-appropriation to JustFOIA
at least 30 days prior to the end of Client’s then-current fiscal period, or if an Event of Non-appropriation has not
occurred by that date, promptly upon the occurrence of any such Event of Non-appropriation. If this Order is
terminated following an Event of Non-appropriation, Client agrees to compensate JustFOIA for services rendered
prior to such Event of Non-appropriation.
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(rev. 3/2/2023)
BILLING TERMS
BILLING
JustFOIA will invoice Client as follows:
Product/Service Description Timing of Billing
Recurring Services Initial Sale: Upon providing Client online access to the Solution.
Annual Renewal: 75 days in advance of expiration date.
One-Time Services Upon delivery completion and Client acceptance.
JustFOIA shall not send any invoices, nor claim payment, for any fees or expenses incurred by JustFOIA until both
parties authorize this Order.
PAYMENT
Client agrees to pay all undisputed invoices and undisputed portions of a disputed invoice in full within thirty (30)
days from the date of each invoice. Once payment has been received, no refunds for Recurring Services are available.
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TECHNICAL & SUPPLEMENTAL SUPPORT
To support your journey, it’s important to have a plan should issues or needs arise.
Technical Support
JustFOIA Technical Support is provided for all clients through the online support center, by email
(support@JustFOIA.com), or by telephone (800-342-2633), during business hours of 8 a.m. to 8 p.m. Eastern Time.
Technical Support covers Solution break/fix support, version updates, and continued educational resources including
the Training center for JustFOIA.
Administration Assistance
JustFOIA’s supplemental support package, Administration Assistance, covers ongoing consultation, training, and
configuration services. You receive a 10% discount off JustFOIA’s Support Technician hourly rate when purchasing in
advance this block of hours, which will expire on the same date as the Subscription Period End Date.
With JustFOIA Administration Assistance, our stellar support team can be available for the following:
ENHANCED KNOWLEDGE
You’ll have access to our team of more knowledgeable support technicians.
ADDITIONAL TRAINING
Additional web-based training is conducted to train new users or as refresher training for existing users.
SYSTEM CONSULTATION
JustFOIA offers best practices consultation that includes recommendations for adding additional departments,
statuses, email templates, etc.
CONFIGURATION SERVICES
Configuration services for request form(s), associated workflow(s), email templates, dynamic form fields, and more.
MAINTENANCE SERVICES
For clients with a DirectRoute Workflow, we will make minor adjustments such as changes in the routing individual to
maintain your DirectRoute Workflow.
DESCRIPTION OF SUPPORT LEVELS* Technical
Support
Administration
Assistance
Easy access to JustFOIA’s team of support technicians for break/fix support issues
(i.e. error codes, bug fixes, etc.) & basic Q&A support
Remote access support through web meeting
Automatic product version updates, security updates, and hotfixes
Customized Training Center for JustFOIA LMS
Access to higher-level support technicians with enhanced knowledge
Additional Web-Based Training for New/Existing Users
Annual System Review (upon Client request)
Additional System Settings Consultation
Assistance with updating Public Portal components
Configuration of dynamic form fields
Creation of new forms/updating of existing forms
Configuration of workflow settings, including new and adjustments
Adjustments to user-created and/or system-generated email templates
Maintenance of DirectRoute workflows
*Hours: JustFOIA allows clients to use their hours for a multitude of services, as long as a request will not start a service that cannot be
completed with the hours available. The creation of DirectRoute Workflows is not included in Administration Assistance.
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SERVICE PACKAGES
GENERAL ASSUMPTIONS
The following assumptions serve as the basis for the Service Package(s) reflected below. Any service or activity not
described below is not included in the scope of services to be provided. Variations to the following may impact the
Service Package’s cost and/or schedule, justifying a change order.
JustFOIA‘s completion of a Deliverable to Client shall constitute that JustFOIA has conducted its own review and
believes it meets Client’s requirements. Client shall then have the right to conduct its own review of the
Deliverable as Client deems necessary. If Client, in its reasonable discretion, determines that any submitted
Deliverable does not meet the agreed upon expectations, Client shall have five (5) business days after
JustFOIA’s submission to give written notice to JustFOIA specifying the deficiencies in reasonable detail.
JustFOIA shall use reasonable efforts to promptly resolve any such deficiencies. Upon resolution of any such
deficiencies, JustFOIA shall resubmit the Deliverable for review as set forth above. Notwithstanding the
foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed
accepted.
If either party identifies a business issue during the project, JustFOIA and Client must jointly establish a plan to
resolve the issues with potential impact analysis of timeline and budget within five (5) business days of
identification. Any necessary business decision resulting from the identified business issues must be made by
Client within five (5) business days from request.
Client will maintain primary contacts and project staff for the duration of the project, as a change in staff may
result in a change order for time spent by JustFOIA on retraining, reeducating, or changes in direction.
Client will ensure that all Client’s personnel who may be necessary or appropriate for the successful
performance of the services will, on reasonable notice: (i) be available to assist JustFOIA personnel by
answering business, technical and operational questions and providing requested documents, guidelines, and
procedures in a timely manner; (ii) participate in the services as reasonably necessary for performance under
this Order; and (iii) be available to assist JustFOIA with any other activities or tasks required to complete the
services in accordance with this Order.
Note that all services contracted for must be done as part of the initial implementation. For the avoidance of
doubt, if there are services or portions thereof that the Client does not elect to implement as part of the initial
implementation, such services are forfeited.
All services, unless otherwise noted, will be performed remotely.
PRO IMPLEMENTATION
CLIENT TASKS & DELIVERABLES
Provide a visual flow chart and/or narrative of current records request process(es) and requirements
Attend all scheduled implementation sessions and respond promptly to requests for information
Complete necessary configuration assignments in a timely manner, including but not limited to:
o Create General User and Viewer accounts and respective departments
o Create user-created email templates
Conduct internal end-user (General User) trainings
Perform user acceptance testing
Complete JustFOIA Training Center trainings and certification
Configure Deflection/Dynamic Fields, unless Dynamic Fields Configuration Package is quoted
JustFOIA TASKS & DELIVERABLES
Deploy site in in the Microsoft Azure Government Cloud
Set up Client with Training Center accounts
Conduct Pre-Implementation Session (1 hour) to collect necessary configuration data and outline expectations
Lead Implementation Launch Session (1 hour) to identify implementation milestones and introduce Client to
public facing JustFOIA site and request form(s)
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Establish and configure initial Administrator and Power User security credentials and respective departments
Personalize Public Portal with Client branding
Configure number of request forms defined in Order and necessary request statuses and workflow task lists
Complete initial configuration of observed holidays
Complete initial configuration of system email templates
Conduct two (2) Remote System Trainings (1.5 hours and 1 hour respectively); recordings made available in
Training Center
Conduct one (1) Remote Workflow Training (1 hour per form process); recording made available in Training Center
Provide training support and resources to Administrator and Power User Team for end-user trainings
Provide technical support through user testing before going live
Assist with transition to Client Success and Support Teams
Provide Go-Live Marketing Press Kit
ADDITIONAL DEPARTMENT ONBOARDING
CLIENT TASKS & DELIVERABLES
Provide a visual flow chart and/or narrative of current records request process and requirements
Attend all scheduled implementation sessions and respond promptly to requests for information
Complete necessary configuration assignments in a timely manner
Perform user acceptance testing
JustFOIA TASKS & DELIVERABLES
Conduct Pre-Implementation Session (1 hour) to collect necessary configuration data and outline expectations
Conduct Implementation Launch Session (1 hour) to identify implementation milestones and introduce Client to
public-facing JustFOIA site and request form(s)
Establish and configure initial Administrator and Power User security credentials and respective departments
Configure one (1) request form and necessary request statuses and workflow task lists
Provide technical support through user testing before going live
Conduct one (1) Remote System Training for form Administrator and Power Users (1 hour); recording made
available in Training Center
Conduct one (1) Remote Workflow Training (1 hour); recording made available in Training Center
ANY & ALL DOCUMENT MANAGEMENT CONFIGURATION
CLIENT TASKS & DELIVERABLES
Attend remote Document Management training and respond promptly to requests for information
JustFOIA TASKS & DELIVERABLES
Configure and implement Any & All Document Management module
Conduct one (1) remote Document Management training session (30 minutes); recording uploaded to Training
Center
SINGLE SIGN-ON (SSO) CONFIGURATION
CLIENT TASKS & DELIVERABLES
Review Single Sign-on Guide
Follow the Single Sign-on Guide and best practices documentation for your Identity Provider of choice
Choose a protocol to connect with (e.g.: SAML, Open ID Connect)
Attend an Integration Call with JustFOIA to walk through any outstanding setup and Q&A, within the scope of
JustFOIA responsibilities
Work with JustFOIA to determine what pieces of information will be needed
Participate in testing
JustFOIA TASKS & DELIVERABLES
Conduct requirements gathering
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Configure JustFOIA SSO:
Deliver any relevant documentation for connection type to the client
Integration call with Client to walk through any outstanding setup and Q&A, within the scope of JustFOIA
responsibilities
Information gathered by client is provided to JustFOIA
Enterprise Connection is created and established in the JustFOIA system
Client tests the connection to validate it is configured and working correctly
Complete testing
DYNAMIC FIELDS CONFIGURATION
CLIENT TASKS & DELIVERABLES
Provide a list of desired dynamic form field(s), keywords and/or external links
JustFOIA TASKS & DELIVERABLES
Conduct requirements gathering (not to exceed 1 hour)
Configure and implement up to 10 dynamic form fields (not to exceed 1 hour)
Complete testing
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ASSUMPTIONS, TERMS & CONDITIONS
THESE ASSUMPTIONS, TERMS AND CONDITIONS APPLY TO ALL ORDERS PLACED FOR THE SOLUTION.
THESE PROVISIONS SHALL SURVIVE AFTER TERMINATION OR EXPIRATION OF ANY AND ALL PORTIONS OF THE ORDER.
1. WARRANTIES & DISCLAIMERS
JUSTFOIA DOES NOT PROMISE THAT THE SOLUTION WILL BE UNINTERRUPTED OR
ERROR-FREE. CLIENT ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN
INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CLIENT PRIVACY,
CLIENT DATA, CONFIDENTIAL INFORMATION, AND PROPERTY.
(a) JustFOIA Warranties
JustFOIA warrants that (i) the Solution shall perform materially in accordance with
any specifications or descriptions set forth herein, (ii) subject to exceptions related
to non-JustFOIA software, the functionality of the Solution will not be materially
decreased during the term of this Order, (iii) JustFOIA will use industry standard
measures to not transmit malicious code and the like (“Malicious Code”) to Client,
provided that if Client or a user uploads a file containing Malicious Code into the
Solution Client shall be liable for the same; and (iv) to JustFOIA’s knowledge, Client’s
use of the Solution in strict compliance with the Order shall not infringe or violate
the intellectual property rights of any third-party.
The warranties herein are void to the extent of any Client failure to perform in
accordance with the Order and any licensing terms. JustFOIA shall not be
responsible for any decrease in functionality or other issues that are the result of
(i) the Solution not being used in accordance with the Order, (ii) the Solution being
modified or altered by or on behalf of Client without JustFOIA’s written permission,
or (iii) Internet or network connections, third-party software, streaming services,
computers, equipment and/or devices not supplied by JustFOIA.
(b) Client Warranties
Client warrants that JustFOIA’s use of Client data and/or any other item provided
by Client, in accordance with the Order, will not infringe or violate the intellectual
property or other rights of any third-party.
Client warrants that it shall have all rights and licenses of third-parties necessary
or appropriate for JustFOIA to access or use such third-party products and agrees
to produce evidence of such rights and licenses upon the reasonable request of
JustFOIA.
2. LICENSED SOFTWARE AND SERVICES
During the term of the Order and any applicable addenda, JustFOIA grants to Client
and Client accepts a non-transferable, revocable, non-exclusive, and limited
license to use the Solution as defined herein subject to the terms, obligations and
restrictions set forth in the Order. All rights to the Solution not granted to Client
are reserved by JustFOIA.
3. CLIENT RESPONSIBILITIES
Files and other content that JustFOIA may provide to Client may be protected by
intellectual property rights of others. Client will not copy, upload, download, or
share files unless Client has the right to do so. Client, not JustFOIA, will be fully
responsible and liable for what is copied, shared, uploaded, downloaded, or
otherwise used while using the Solution. Client will not upload malware or any
other malicious software to the Solution. Client is also responsible for the timely
and accurate fulfillment of records requests, and ensuring that no classified,
confidential, or illegal information is provided to or through the Solution.
4. ACCEPTABLE USE POLICY
Client agrees that it will not misuse or attempt to misuse the Solution, and that the
Solution will only be used in a manner consistent with the Order. Client may only
upload public and non-confidential data to the Solution.
Client acknowledges and agrees that all use of the Solution hosted on the Azure
Government Cloud is subject to the Microsoft terms and conditions surrounding
the same. JustFOIA’s obligations and liability and Client’s rights are limited by the
same. Further, JustFOIA neither accepts liability for, nor warrants the functionality,
utility, availability, reliability, or accuracy of, third-party software or third-party
services.
5. INFORMATION & PRIVACY
By using the Solution, Client will be providing JustFOIA with information. Client
retains full ownership of its information, and JustFOIA does not assert
ownership. These Assumptions, Terms & Conditions do not grant JustFOIA any
rights to Client’s information or intellectual property except for the limited
rights that are needed to run the Solution, as explained below.
JustFOIA may need Client’s permission to handle its information as directed
and required for the functioning of the Solution. An example is hosting files or
sharing them. Client hereby grants a license to JustFOIA to use and process
such information solely to the extent necessary to fulfill JustFOIA’s obligations.
This license also extends to trusted third parties JustFOIA works with to do the
same.
Client is solely responsible for its conduct, the content of its files, and its
communications with others while using the Solution. For example, it is Client’s
responsibility to ensure that it has the rights or permission needed to comply
with these Assumptions, Terms & Conditions.
6. INFORMATION SHARING AND DISCLOSURE
JustFOIA may use certain trusted third-party companies and individuals to help
JustFOIA provide, analyze, and improve the Solution (including but not limited
to data storage, maintenance services, database management, web analytics,
payment processing, and improvement of the Solution’s features). These third
parties may have access to Client’s information only for purposes of performing
these tasks on JustFOIA’s behalf and under obligations similar to those in
JustFOIA’s privacy policy.
The parties acknowledge that in the course of the relationship between Client
and JustFOIA, each may receive Confidential Information (as defined below) of
the other party. Any and all Confidential Information in any form or media
obtained by a Recipient (defined below) shall be held in confidence and shall
not be copied, reproduced, or disclosed to third parties for any purpose
whatsoever except as necessary in connection with the performance of the
applicable party’s obligations. Each Recipient further acknowledges that it shall
not use such Confidential Information for any purposes other than in
connection with the activities contemplated by the Order. All JustFOIA
personnel assigned by JustFOIA to Client will sign appropriate forms of
confidentiality agreements on or prior to their start date.
“Confidential Information” means any and all confidential information of a
party disclosed to the other party, including, but not limited to, research,
development, proprietary software, technical information, techniques, know-
how, trade secrets, processes, clients, employees, consultants, pricing
information and financial and business information, plans and systems.
Confidential Information shall not include information which: (i) was known to
the party receiving the information (the “Recipient”) prior to the time of
disclosure by the other party (the “Disclosing Party”); (ii) at the time of
disclosure is generally available to the public or after disclosure becomes
generally available to the public through no breach of the Order, these
Assumptions, Terms & Conditions or other wrongful act by the Recipient; (iii)
was lawfully received by Recipient from a third-party without any obligation of
confidentiality; or (iv) is required to be disclosed by law or order of a court of
competent jurisdiction or regulatory authority.
The obligations set forth in this Section shall survive termination of the Order
for a period of three (3) years thereafter.
7. INTELLECTUAL PROPERTY
The Solution and any services surrounding the same herein are not considered
“Works made for Hire” or otherwise a grant of any right, title, or interest. Except
the license grant herein, all rights to the Solution and all services surrounding the
same are and remain with JustFOIA. Client shall retain a non-exclusive, royalty-free,
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world-wide, perpetual license to use the outputs generated by Solution and stored
external to Solution by Client during the Subscription Period.
Except for the license grants hereunder, as between Client and JustFOIA, Client
retains all rights to Client data and information.
8. ACCOUNT SECURITY
Client is responsible for safeguarding the passwords that are used to access the
Solution and agrees not to disclose passwords to any third-party. Client is
responsible for any activity using its account, whether or not it authorized that
activity. Client will immediately notify JustFOIA of any unauthorized use of Client’s
account. Client acknowledges that if it wishes to protect its transmission of data or
files to the Solution, it is Client’s responsibility to use a secure network to
communicate with the Solution.
9. DATA RETENTION & ACCESS
JustFOIA will retain Client’s information for as long as its account is active or as
needed to provide the Solution. If Client wishes to cancel its account or request
that JustFOIA no longer use Client’s information to provide the Solution, Client may
request that JustFOIA delete its account. JustFOIA may retain and use Client’s
information as necessary to comply with legal obligations, resolve disputes, and
enforce mutual agreements. Consistent with these requirements, JustFOIA will try
to delete Client’s information quickly upon request. Please note, however, that
there might be latency in deleting information from JustFOIA servers and backed-
up versions might exist after deletion. In addition, JustFOIA does not delete Client
information from its server’s files that Client has in common with other users.
Client understands and agrees that once the Client instance of the Solution is
decommissioned, JustFOIA may not be able to provide Client a copy of the data
included therein. Client agrees that it will back up all Client information that it
requires. JustFOIA may decommission any environment after 45 days of Client not
maintaining an active subscription to the applicable environment, including
without limitation, as a result of non-renewal and/or non-payment.
10. NON-JUSTFOIA APPLICATIONS AND PROVIDERS
The Solution may contain links to third-party websites or resources. JustFOIA does
not endorse and is not responsible or liable for third-party websites, including,
without limitation, availability, accuracy, the related content, products, or services.
Client is solely responsible for its use of any such websites or resources.
(a) Acquisition of Non-JustFOIA Products and Services
JustFOIA or third parties may from time to time make available to Client third-party
products or services, including but not limited to non-JustFOIA applications and
implementation, customization, and other consulting services. Such products and
services shall be clearly designated as provided by a third-party in the applicable
Order. Any acquisition by Client of such non-JustFOIA products or services, and any
exchange of data between Client and any non-JustFOIA provider, is solely between
Client and the applicable non-JustFOIA provider. JustFOIA does not warrant or
support products or services not provided by JustFOIA, whether or not they are
designated by JustFOIA as “Certified” (as that term is defined below) or otherwise,
except as specified in the Order and/or applicable addenda. No purchase of non-
JustFOIA products or services is required to use the Solution except a supported
computing device, operating system, web browser and Internet connection, all of
which Client is solely responsible for providing in accordance with the
specifications that may be provided by JustFOIA from time to time. For purposes
of the Order, “Certified” shall describe applications and other products developed
and sold by third parties that JustFOIA has verified interoperate with the Solution.
(b) Non-JustFOIA Applications and Client information
If Client installs or enables non-JustFOIA applications for use with the Solution,
Client acknowledges that JustFOIA may allow providers of those non-JustFOIA
applications to access Client information as required for the interoperation of such
non-JustFOIA applications with the Solution. JustFOIA shall not be responsible for
any disclosure, modification or deletion of Client information resulting from any
such access by non-JustFOIA application and/or providers. The Solution shall allow
Client to restrict such access by restricting users from installing or enabling such
non-JustFOIA applications for use with the Solution. JustFOIA is not responsible for,
and Client agrees to hold JustFOIA harmless from any third-party claims or liability
owed to third parties resulting from any unauthorized use or disclosure or any
damage or loss of Client information as a result of use of non-JustFOIA applications
or access to Client information by non-JustFOIA application and/or providers.
(c) Integration with Non-JustFOIA Services
The Solution may contain features designed to interoperate with non-JustFOIA
applications (e.g., Laserfiche, Adobe, Authorize .net, or PayPal applications). To
use such features, Client may be required to obtain access to such non-
JustFOIA applications from their providers. If the provider of any such non-
JustFOIA application ceases to make the non-JustFOIA application available for
interoperation with the corresponding Solution features on reasonable terms,
JustFOIA may cease providing such features without entitling Client to any
refund, credit, or other compensation, unless the provider of such non-
JustFOIA application provides for a refund of such fees.
11. INDEMNIFICATION & LIMITATION OF LIABILITY
(a) General Indemnification
JustFOIA shall indemnify, defend, and hold the Client harmless against any loss,
damage, or costs (including reasonable attorneys' fees) in connection with
third-party claims, demands, suits, or proceedings ("Claims") to the extent
caused by JustFOIA and related to bodily injury or tangible property damage
arising out of JustFOIA’s performance within the scope of its responsibilities
under the Order.
(b) Intellectual Property Indemnification
JustFOIA shall defend, indemnify, and hold Client harmless against loss,
damage or costs (including reasonable attorneys' fees) in connection with
third-party claims, demands, suits, or proceedings against the Customer
("Claims") to the extent caused by JustFOIA, alleging that the use of the
Solution, as provided to Client under the applicable Order hereto and used in
accordance with the Order and relevant documentation, infringes any third-
party’s intellectual property rights perfected in the United States.
Notwithstanding the foregoing, JustFOIA shall not be required to indemnify
Client to the extent the alleged infringement: (x) is based on information or
requirements furnished by Client, (y) is the result of a modification made by a
party other than JustFOIA, or (z) arises from use of the Solution in combination
with any other product or service not provided or approved in writing by
JustFOIA. If Client is enjoined from using the Solution, or JustFOIA reasonably
believes that Client will be so enjoined, JustFOIA shall have the right, at its sole
option, to obtain for Client the right to continue use of the Solution or to replace
or modify the same so that it is no longer infringing. If neither of the foregoing
options is reasonably available to JustFOIA, then the Order and/or applicable
addendum may be terminated at either party’s option, and JustFOIA’s sole
liability shall be subject to the limitation of liability provided in this Section.
(c) Limitation of Liability
Except for a breach of intellectual property rights, a third party’s end
user and/or terms of use agreement, and to the extent caused by the
applicable Party:
(i) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, EXEMPLARY,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOST REVENUES, PROFITS, SAVINGS OR BUSINESS) OR LOSS OF RECORDS OR
DATA, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN
DISCLOSED TO SUCH PARTY IN ADVANCE OR COULD HAVE BEEN REASONABLY
FORESEEN BY SUCH PARTY, AND WHETHER IN AN ACTION BASED ON CONTRACT,
WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION,
NEGLIGENCE) OR OTHERWISE; AND (ii) EXCEPT FOR A PARTY’S PAYMENT
OBLIGATIONS OR FOR ANY CLAIM COVERED BY the General Indemnification or
Intellectual Property Indemnification sections of this Order, EACH PARTY'S
MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES OR OTHER LIABILITY
ARISING OUT OF, OR CONNECTED WITH THE ORDER, THE SERVICES, DELIVERABLES
AND/OR SOLUTION PROVIDED, OR CLIENT’S USE OF ANY SUCH SERVICES,
DELIVERABLES, AND/OR SOLUTION, SHALL IN NO CASE EXCEED $150,000.00. FOR
CLAIMS COVERED BY the General Indemnification or Intellectual Property
Indemnification sections of this Order, JUSTFOIA’S MAXIMUM LIABILITY IS CAPPED
AT THE LEVEL OF INSURANCE REQUIRED BY THE AGREEMENT. THIS LIMITATION
OF LIABILITY SHALL APPLY TO ALL AGREEMENTS BETWEEN THE PARTIES,
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REGARDLESS OF WHETHER EXECUTED PRIOR TO OR SUBSEQUENT TO THIS
AGREEMENT.
The parties acknowledge that the limitation of warranties and liabilities as set out
in this Order are an essential basis of this Order between the parties and that the
prices agreed to be paid by Client for Solution reflect these limitations.
12. INSURANCE
During the term of this Order, JustFOIA shall carry, at its sole expense, insurance
coverage to include at a minimum the following:
• Workers Compensation: State statutory limits and $1,000,000 employers’
liability
• Comprehensive General Liability: $2,000,000 per occurrence and $4,000,000
in the aggregate
• Professional Liability and Errors & Omissions: $1,000,000 per occurrence
and $3,000,000 in the aggregate
• Cyber and Technical Errors and Omissions: $3,000,000 in the aggregate
JustFOIA, at Client’s request, will name Client as an additional insured under the
Comprehensive General Liability policy. JustFOIA represents that Client is
automatically included as an additional insured under the Errors and Omissions
and Cyber and Technical Errors and Omissions policies for vicarious liability, but
no modified certificate of insurance will be provided.
13. GOVERNMENT PROVISIONS
The provisions below are applicable only if Client is a city, state, or other
governmental entity and then only to the extent required by laws rules and
regulations applicable to such entity.
(a) Compliance with Laws
To the extent applicable to the parties each party shall comply with and give all
notices required by all applicable federal, state, and local laws, ordinances, rules,
regulations, and lawful orders of any public authority bearing on use of the
Solution and the performance of the Order.
(b) Equal Opportunity
To the extent applicable to the parties each shall abide by the requirements of 41
CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a), and the posting requirements of 29 CFR
Part 471, appendix A to subpart A, if applicable. These regulations prohibit
discrimination against qualified individuals based on their status as protected
veterans or individuals with disabilities and prohibit discrimination against all
individuals based on their race, color, religion, sex, sexual orientation, gender
identity or national origin.
(c) Excluded Parties List
To the extent required by law, JustFOIA agrees to immediately report to Client if a
JustFOIA employee or contractor is listed by a federal agency as debarred,
excluded or otherwise ineligible for participation in federally funded health care
programs.
(d) Boycotts
JustFOIA is not engaged in and will not engage in a boycott prohibited under United
States and/or applicable State laws.
(e) E-Verify
JustFOIA uses E-Verify to verify the work authorization of all newly hired
employees.
14. MISCELLANEOUS
(a) Force Majeure
If either of the parties hereto are delayed or prevented from fulfilling any of its
obligations under the Order by force majeure, said parties shall not be liable under
the Order for said delay or failure. “Force Majeure” means any cause beyond the
reasonable control of a party including, but not limited to, an act of God, an act or
omission of civil or military authorities of a state or nation, epidemic, pandemic,
fire, strike, flood, riot, war, delay of transportation, or inability due to the
aforementioned causes to obtain necessary labor, materials, or facilities.
(b) Audit Rights
With reasonable notice and at a convenient location, Client will have the right
to audit JustFOIA’s records to verify that JustFOIA’s invoicing to Client is correct.
In addition, should any of Client’s regulators legally require access to audit
JustFOIA records, JustFOIA will, to the extent legally required by such
regulators, provide access for the same. All results of such audits shall be
JustFOIA Confidential Information.
Client shall bear all costs associated with audits.
(c) Assignment
Neither party may assign or otherwise transfer any of its rights, duties, or
obligations under the Order without the prior written consent of the other
party. Either party, however, without any requirement for prior consent by the
other, may assign the Order and its rights hereunder to any entity who
succeeds (by purchase, merger, operation of law or otherwise) to all or
substantially all of the capital stock, assets or business of such party, if the
succeeding party or entity agrees in writing to assume and be bound by all of
the obligations of such party under the Order. The Order shall be binding upon
and accrue to the benefit of the parties hereto and their respective successors
and permitted assignees.
(d) Publicity
JustFOIA may use the name of Client, the existence of this Order and the
nature of the associated services provided herein for marketing purposes,
except that such use shall not include any Client Confidential Information.
(e) Provisions Severable
If any provision in the Order is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, then such provision shall be severed from the
Order and the remaining provisions will continue in full force.
(f) Relationship of Parties
JustFOIA’s relationship to the Client is solely that of an independent contractor
and nothing herein expressed or implied is intended, or shall be construed, to
confer upon or give to any person or entity, other than the parties, any right
or remedy under or by reason of this Order.
(g) Payment
Once payment has been received, no refunds for Recurring Services (Annual
Subscriptions) are available.
(h) Notices
All notices, demands and other communications required or permitted
hereunder or in connection herewith shall be in writing and shall be deemed
to have been duly given if delivered (including by receipt verified electronic
transmission) or five (5) business days after mailed in the Continental United
States by first class mail, postage prepaid, to a Party at the following address,
or to such other address as such Party may hereafter specify by notice:
JustFOIA, Inc.
3717 Apalachee Parkway, Suite 201
Tallahassee, FL 32311
Attn: Legal Department
Email: legal@justfoia.com
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JustFOIA Agreement
EXHIBIT B
CONTRACTOR’S DATA SECURITY INFORMATION
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WORLD-CLASS, STANDARD SECURITY & COMPLIANCE
JustFOIA is committed to providing a secure platform for our clients that meets or exceeds industry standards.
JustFOIA’s SOC 2 Type 2 certification, as defined by the American Institute of Certified Public Accountants (AICPA)
demonstrates that an external auditing firm has verified the implementation of strict information security and risk
management policies and procedures. JustFOIA’s CIO is CISSP cer tified. All JustFOIA client sites are deployed
exclusively on the Azure Government Cloud, which was built upon the foundational principles of security, privacy
and control, compliance, and transparency. JustFOIA is also the only TX-RAMP Certified records request management
cloud product.
SOC 2 COMPLIANCE
The official SOC 2 audit report provides a thorough review of processes relating to risk management, including:
▪ Internal Controls ▪ Access Management Policies ▪ Subservice Due Diligence
▪ IT Infrastructure ▪ Software Development Lifecycle ▪ Change Management Procedures
▪ Logical Security ▪ Network Security ▪ Physical Security
▪ Environmental Security ▪ Computer Operations ▪ Business Continuity
▪ Disaster Recovery Plans ▪ Acceptable Use Policies ▪ Corporate Ethics
MICROSOFT AZURE GOVERNMENT CLOUD
Microsoft Azure Government Cloud is FedRAMP Authorized at Level High and designed to handle data subject to
certain government regulations and requirements, such as NIST800.171 (DIB), ITAR, IRS 1075, DoD L4, and CJIS. Azure
Government uses physically isolated datacenters and networks (located in U.S. only).
ENCRYPTED DATA
The Solution is a web-based application, and all HTTP communications are secured in transit by TLS 1.2 (aka HTTPS).
Your data is encrypted at rest transparently using 256-bit AES encryption, one of the strongest block ciphers available,
and is FIPS 140-2 compliant.
WEB APPLICATION FIREWALL
Azure Web Application Firewall (WAF) provides protection of your web applications from common exploits and
vulnerabilities. SQL injection and cross-site scripting are among the most common attacks. WAF on Application
Gateway is based on Core Rule Set (CRS) 3.1, 3.0, or 2.2.9 from the Open Web Application Security Project (OWASP).
With no additional configuration required, the WAF automatically updates to protect against new vulnerabilities.
LAYER 7 LOAD BALANCING & NETWORK SECURITY GROUPS
Load Balancing distributes traffic across multiple servers to improve availability and performance. Azure Application
Gateway serves as a web traffic load balancer that directs traffic to web applications. While traditional load balancers
operate at the transport layer (OSI layer 4), Azure Application Gateway makes routing decisions based on additional
attributes of an HTTP request, such as URI path or host headers. Application layer (OSI layer 7) load balancing gives
the JustFOIA team greater control in managing the Solution’s infrastructure. As a second layer of protection, Network
Security Groups applied will only allow traffic that is explicitly defined as allowed.
MONITORING & PERFORMANCE ANALYSIS
Our monitoring and alerting systems notify our Network Operations Center (NOC) of any issues with availability or
performance. Our engineers are available 24/7 to address any cloud infrastructure issues.
P2S = POINT TO SITE VPN
Support & administrative personnel access the Solution’s backend infrastructure via secure VPN connections only.
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UPDATE MANAGEMENT
Updates for Windows Server OS and SQL Server are managed through Azure Automation Update Management,
deploying critical and security updates monthly and classification updates quarterly.
AZURE BACKUP & SITE RECOVERY SERVICES
Azure Backup services provides independent and isolated backups to guard against accidental destruction of original
data. Backups are encrypted and stored in a Recovery Services Vault with built -in management of recovery points.
The Solution’s Disaster Recovery is built upon Azure Site Recovery (ASR), a native disaster recovery as a service that
replicates all Virtual Machine disks (OS and Data for all web, application, and database servers) from the Azure Region
hosting your production environment to a geographically disparate Azure Region. Replicas are kept up to date within
five (5) minutes.
ONGOING SECURITY INNOVATION
As you can see, we take numerous measures to secure your data. While we're confident in our technology, we
recognize that no system can guarantee data security with 100% certainty. For that reason, we will continue to
innovate, maintain state of the art security measures, and thoroughly investigate any reported security issues
concerning JustFOIA's services or software.
508/ADA COMPLIANCE
As part of our ongoing commitment to providing the easiest-to-use records requests
software, we are dedicated to providing a web application that is accessible to the widest
possible audience, regardless of technology or ability. As such, we strive to remove barriers
that might prevent a person with disabilities from using our products by adhering to the
Revised Section 508 Standards published by the United States Access Board.
The WCAG level of compliance is approved by the ADA for websites and provides recommendations for making
content accessible. JustFOIA’s citizen-facing pages perform at a Level AA (or level two) conformance to these
guidelines, including:
▪ Text Equivalents: Alternative text for appropriate images and other non-text elements
▪ Full Keyboard Access: Built so that it can be accessed using a keyboard
▪ Site Consistency: Feature and functions perform the same way every time
▪ Site Structure: Appropriate headings, lists, paragraphs, style sheets, and other format features to enable easy
use with assistive technology
▪ Links: Descriptive link titles, unless the link text already fully describes the target
JustFOIA routinely completes a Voluntary Product Accessibility Template (VPAT) and engages with external consultants
certified by the International Association of Accessibility Professionals to ensure our Solution conforms with required
standards. Our VPAT Report allows us to provide the data needed for your procurement team to verify that the
JustFOIA Solution complies with Section 508 technical requirements.
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CLIENT JOURNEY TO EMPOWERMENT
We’re going to walk with you hand-in-hand throughout your JustFOIA Client Journey, actively supporting and guiding
your team as they interact and engage with the Solution – thus, empowering your team to manage the system post-
implementation. This journey is not viewed as a one-time transaction but as an ongoing partnership, where we remain
committed to client success and satisfaction at every stage.
DELIVERY TEAM
Once you have selected your “destination” of JustFOIA, our Delivery Team will guide you through four phases of
implementation, ensuring a smooth path to Go-Live:
Phase 1: Pre-Implementation
We think it’s important that we get to know each other first – building upon the knowledge gained during the decision-
making process to configure the Solution to your specific needs. Your Project Coordinator will gather configuration
data and outline expectations for the upcoming implementation phases. During our “Implementation Launch
Session,” your assigned Project Coordinator will discuss training, confirm the timeline and key milestone dates, and
introduce you to the public-facing side of your JustFOIA site and request form(s).
Phase 2: System Training & Configuration
This phase will consist of two remote, live “System Training Sessions” for Administrators and Power Users, focusing on
the practical application of the Solution through a hands-on experience submitting and working with mock requests
to create a deep practical understanding of requests and administration settings. Clients are introduced to form
configurations, retention options, redaction capabilities, communication tools , and more.
Phase 3: Request Training, Processing & Testing
Administrators and Power Users will be guided through the designed request form workflow, creating a collaborative,
problem solving experience that results in a more intimate understanding of the process.
As Administrators and Power Users become experts in the Solution, the JustFOIA Delivery Team will collaborate with
you to assist in onboarding general users. With numerous resources to onboard and introduce your staff to the
Solution including custom training outlines, workflow maps, and guides for long-term reference, JustFOIA empowers
you to create an internal training program while reinforcing your own knowledgebase.
Following training, a designated testing window reinforces training principles while preparing to launch the JustFOIA
Solution to the public. Your assigned Project Coordinator will be on stand-by to make necessary system modifications.
Phase 4: Launching JustFOIA
Now, the moment we’ve been waiting for – it’s time to Go-Live with JustFOIA! The Delivery Team is invested in your
success and will be with you every step of the way. We will remove test data from your JustFOIA site and provide a
press kit to spread the word about your efforts to promote transparency. High-level priority is given to inquiries and
adjustments during our Hypercare Check-in Service period until you are transitioned to your long-term Client Success
and Technical Support Teams.
CLIENT SUCCESS
Once you have launched JustFOIA to the public, your journey is only just beginning. Every JustFOIA client is assigned
a dedicated Client Success Specialist to ensure they are getting the most out of their investment. Your Client Success
Specialist can consult with you to recommend best practices and solutions to common records request issues. We
invite clients to participate in periodic user webinars, training opportunities, user communities, and focus groups.
Regardless of user type, there is something for everyone.
In addition to ensuring your satisfaction with JustFOIA, your Client Success Specialist will recommend resources found
in the Training Center for JustFOIA, our complimentary learning management system w ith unlimited, on-demand
access to hundreds of help videos and product documentation.
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TECHNICAL & SUPPLEMENTAL SUPPORT
To support your journey, it’s important to have a plan should issues or needs arise.
Technical Support
JustFOIA Technical Support is provided for all clients through the online support center, by email
(support@JustFOIA.com), or by telephone (800-342-2633), during business hours of 8 a.m. to 8 p.m. Eastern Time.
Technical Support covers Solution break/fix support, version updates, and continued educational resources including
the Training center for JustFOIA.
Administration Assistance
Want an enhanced level of support? JustFOIA offers a supplemental support package, Administration Assistance, to
cover ongoing consultation, training, and configuration services and is strongly encouraged to be included with every
renewal. You’ll receive a 10% discount off JustFOIA’s Support Technician hourly rate when purchasing in advance this
block of hours, which will expire on the same date as the Subscription Period End Date.
With JustFOIA Administration Assistance, our stellar support team can be available for the following:
ENHANCED KNOWLEDGE
You’ll have access to our team of more knowledgeable support technicians.
ADDITIONAL TRAINING
Additional web-based training is conducted to train new users or as refresher training for existing users.
SYSTEM CONSULTATION
JustFOIA offers best practices consultation that includes recommendations for adding additional departments,
statuses, email templates, etc.
CONFIGURATION SERVICES
Configuration services for request form(s), associated workflow(s), email templates, dynamic form fields, and more.
MAINTENANCE SERVICES
For clients with a DirectRoute Workflow, we will make minor adjustments such as changes in the routing individual to
maintain your DirectRoute Workflow.
DESCRIPTION OF SUPPORT LEVELS* Technical
Support
Administration
Assistance
▪ Easy access to JustFOIA’s team of support technicians for break/fix support issues
(i.e., error codes, bug fixes, etc.) & basic Q&A support
▪ Remote access support through web meeting
▪ Automatic product version updates, security updates, and hotfixes
▪ Customized Training Center for JustFOIA LMS
▪ Access to higher-level support technicians with enhanced knowledge
▪ Additional Web-Based Training for New/Existing Users
▪ Annual System Review (upon Client request)
▪ Additional System Settings Consultation
▪ Assistance with updating Public Portal components
▪ Configuration of dynamic form fields
▪ Creation of new forms/updating of existing forms
▪ Configuration of workflow settings, including new and adjustments
▪ Adjustments to user-created and/or system-generated email templates
▪ Maintenance of DirectRoute workflows
*Hours: JustFOIA allows clients to use their hours for a multitude of services, as long as a request will not start a service that cannot be completed
with the hours available. The creation of DirectRoute Workflows is not included in Administration Assistance.
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SERVICE PACKAGES
PRO IMPLEMENTATION
CLIENT TASKS & DELIVERABLES
▪ Provide a visual flow chart and/or narrative of current records request process(es) and requirements
▪ Attend all scheduled implementation sessions and respond promptly to requests for information
▪ Complete necessary configuration assignments in a timely manner, including but not limited to:
▪ Create General User and Viewer accounts and respective departments
▪ Create user-created email templates
▪ Conduct internal end-user (General User) trainings
▪ Perform user acceptance testing
▪ Complete JustFOIA Training Center trainings and certification
▪ Configure Deflection/Dynamic Fields, unless Dynamic Fields Configuration Package is quoted
JustFOIA TASKS & DELIVERABLES
▪ Deploy site in in the Microsoft Azure Government Cloud
▪ Set up Client with Training Center accounts
▪ Conduct Pre-Implementation Session (1 hour) to collect necessary configuration data and outline expectations
▪ Lead Implementation Launch Session (1 hour) to identify implementation milestones and introduce Client to
public facing JustFOIA site and request form(s)
▪ Establish and configure initial Administrator and Power User security credentials and respective departments
▪ Personalize Public Portal with Client branding
▪ Configure number of request forms defined in Order and necessary request statuses and workflow task lists
▪ Complete initial configuration of observed holidays
▪ Complete initial configuration of system email templates
▪ Conduct two (2) Remote System Trainings (1.5 hours and 1 hour respectively); recordings made available in
Training Center
▪ Conduct one (1) Remote Workflow Training (1 hour per form process); recording made available in Training Center
▪ Provide training support and resources to Administrator and Power User Team for end-user trainings
▪ Provide technical support through user testing before going live
▪ Assist with transition to Client Success and Support Teams
▪ Provide Go-Live Marketing Press Kit
ADDITIONAL REQUEST FORM CONFIGURATION
CLIENT TASKS & DELIVERABLES
▪ Provide a visual flow chart and/or narrative of desired records request process(es) and request form
requirements
JustFOIA TASKS & DELIVERABLES
▪ Conduct requirements gathering
▪ Configure and implement desired form and necessary request statuses and workflow task lists
▪ Complete testing
EXCEPTIONS
▪ Creation of DirectRoute Workflows
ANY & ALL DOCUMENT MANAGEMENT CONFIGURATION
CLIENT TASKS & DELIVERABLES
▪ Attend remote Document Management training and respond promptly to requests for information
JustFOIA TASKS & DELIVERABLES
▪ Configure and implement Any & All Document Management module
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▪ Conduct one (1) remote Document Management training session (30 minutes); recording uploaded to Training
Center
SINGLE SIGN-ON (SSO) CONFIGURATION
CLIENT TASKS & DELIVERABLES
▪ Review Single Sign-on Guide
▪ Follow the Single Sign-on Guide and best practices documentation for your Identity Provider of choice
▪ Choose a protocol to connect with (e.g.: SAML, Open ID Connect)
▪ Attend an Integration Call with JustFOIA to walk through any outstanding setup and Q&A, within the scope of
JustFOIA responsibilities
▪ Work with JustFOIA to determine what pieces of information will be needed
▪ Participate in testing
JustFOIA TASKS & DELIVERABLES
▪ Conduct requirements gathering
▪ Configure JustFOIA SSO:
▪ Deliver any relevant documentation for connection type to the client
▪ Integration call with Client to walk through any outstanding setup and Q&A, within the scope of JustFOIA
responsibilities
▪ Information gathered by client is provided to JustFOIA
▪ Enterprise Connection is created and established in the JustFOIA system
▪ Client tests the connection to validate it is configured and working correctly
▪ Complete testing
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DEFINITIONS
To determine which modules are applicable, please refer to the Pricing section. Your specific implementation may not include
all modules described below.
REDACTION MODULE
Our powerful in-App Redaction Module allows you to upload and redact documents automatically with one click or
manually remove sensitive data. Features include text search, pattern matching, proximity search, redact selected
text and/or full page(s). Easily apply exemption codes to cite redaction reasons. Once applied, redacted areas are
burnt into the document and cannot be recovered or removed so only the redacted version can be released. There
is no per-user fee, so any permitted user can redact a document.
JUSTFOIA TRAINING CENTER
The JustFOIA Training Center is a robust Learning Management System that offers remote learning, ongoing training
and certification. This complimentary subscription provides an easy solution new user and refresher training. Benefits
include:
▪ 24/7 access to on-demand JustFOIA training videos, certification courses and other resources
▪ Reduction in training time and expenses
▪ Catered learning for all skill levels from Basic Users to System Administrators
▪ Unlimited access for Client’s entire organization
▪ Reduction in internal support and increased user productivity
▪ Increased efficiency through improved internal usage/adoption of JustFOIA
▪ Customized with fully indexed, recorded training sessions
ADVANCED REPORTING
The Advanced Reporting module will allow Client to select data points to create custom reports and includes the
following:
▪ User-selectable data points
▪ User-defined date ranges
▪ Saving created reports
▪ Ability to export data
SINGLE SIGN-ON (SSO)
The JustFOIA authentication system enables Single Sign-On (“SSO”) integration by allowing connection to one of many
supported identity providers. This allows users to login to JustFOIA via trusted connections established with their IT
infrastructure (e.g., Azure Active Directory login) instead of using username and password authentication within
JustFOIA. This feature eliminates the need for users to maintain two sets of credentials, is easier for Client’s IT
organization to maintain security protocols and gives Client better control over managing user access.
The following types of enterprise connections can be made:
▪ Azure Active Directory
▪ ADFS
▪ Open ID Connect
▪ PingFederate
▪ Active Directory
▪ Google Workspace (formerly G Suite, formerly Google Apps)
▪ SAML
▪ Duo
PAYMENT PORTAL
JustFOIA integrates with Authorize.net, PayPal, NIC, and NCR/JetPay to collect payments from requestors online. These
third-party payment processors handle all monetary transactions and sensitive credit card data. The requestor enters
the request number/security key to see any fees that they owe. If they owe fees, they can pay through a secure
Authorize.net, PayPal, NIC, or NCR/JetPay site. Once they pay, users are able to make the request documents available
for immediate release.
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LASERFICHE INTEGRATION
Our exclusive Laserfiche integration is a seamless bridge, allowing your organization to leverage Laserfiche to fulfill
records requests more quickly and efficiently. From inside the JustFOIA Solution, users can securely connect to their
Laserfiche repository to search and browse for responsive documents, sending selected documents to a specific
request in the same file format as they are in the repository. As part of your Laserfiche Integration, you can export
custom system reports directly into your Laserfiche repository, as well as all parts of a request including
communications, response documents, invoices, and a full timeline history of activity on the request. This integration
requires each user to have a full Laserfiche license. Please see the Laserfiche Integration User & Configuration Guide.
ANY & ALL DOCUMENT MANAGEMENT
For clients who receive requests for “Any and All” communications, the effort to determine the responsive documents
can be overwhelming. Built for clients who need to work with a large number of files, JustFOIA’s Any & All Document
Management tool helps simplify and speed up this process with a variety of features, including:
▪ Extract .PST files (emails and attachments)
▪ Bulk redact and sort all files with one-click
▪ Detect duplicate emails
▪ Combine files into one PDF
▪ Create custom folders and review documents in the document viewer
DIRECTROUTE WORKFLOWS
DirectRoute Workflows enhance your organization’s efficiency by automating the initial routing of requests. This
empowers requestors to pinpoint the exact department responsible for receiving and addressing their submission.
This leads to a significant reduction in processing time, a streamlined user experience, and assurance that requests
are routed accurately.
Like JustFOIA’s standard workflow capabilities, DirectRoute Workflows can include due dates, reminders, escalations,
approvals and trigger the dispatch of system and customized emails .
DYNAMIC FORM FIELDS
For clients looking for a more advanced form experience, Dynamic Form Fields provide a way to create highly
interactive and user-centric request forms. These fields adapt the form’s behavior to requestor input and predefined
conditions, specifically enhance the requestor experience. Dynamic Form Fields can be especially valuable in complex
forms where all fields are not relevant to every requestor. The use of Dynamic Form Fields ensures all data necessary
to process a request is collected at the initial sub mission.
A JustFOIA Dynamic Form Field is defined as a single form field (Dropdown, Checkbox, Text Area, Test Input, Date or
Label) that becomes visible and/or required based on form selections or requestor input.
SANDBOX
For clients that prefer to test proposed changes before making updates to their live system, JustFOIA offers a Sandbox
environment. JustFOIA will provide a sandbox/testing environment based on a snapshot of the configuration and
database on the day requests begin being processed via the JustFOIA Public Portal. An update can be requested at
any time, for an additional cost.
INSTANCE
For agencies that prefer to have multiple instances of JustFOIA, there are options available. Ideal for shared services
environments with centralized IT administration and billing needs, an additional instance can be used for an
additional agency, division or even a sandbox environment. An additional instance includes :
▪ Per-instance administration interface ▪ Same add-ons as initial system
▪ A separate, unique URL ▪ Unique set of system email templates
▪ Independent branding and separate Public Portal ▪ Independent reporting
▪ A different SSO domain and/or payment account
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JustFOIA Agreement
EXHIBIT C
INSURANCE CERTIFICATES
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