HomeMy WebLinkAboutFirst Due 2024-04-15COU No. 2324-190
Locality Media, Inc. Agreement Dec 2023 Page 1 of 12
Agreement for Services
This Agreement for Services (this “Agreement”) dated as of April 15, 2024 (the "Effective Date") is made by and
between Locality Media, Inc dba First Due a Delaware corporation, having offices at 107 7th St, Garden City,
NY, 11530 ("Locality Media" or “First Due”) and the City of Ukiah located at 300 Seminary Ave., Ukiah, CA 95482
(the “Customer”).
1.Locality Media maintains a website through which Customer members may access Locality Media's First Due
Size-Up™ Community Connect™, Mobile Responder™ and/or other software-as-a-service platforms and
solutions identified in Exhibit A (collectively, the "Service") in connection with the performance of their Customer
duties. Locality Media agrees to grant the Customer access to the Service pursuant to the terms and conditions
set forth below and in Exhibit A, and the Customer agrees to use the Service only in strict conformity with and
subject to such terms and conditions.
2.Locality Media may provide the Customer with one or more user ID’s, initial passwords, digital certificates
and/or other devices (collectively, "Credentials") and/or application programming interfaces ("APIs") to access
the Service. The Customer shall access the Service only by using such Credentials and APIs. The Customer
authorizes Locality Media to act on any instructions Locality Media receives from users of the Service who
present valid Credentials and such individuals shall be deemed authorized to act on behalf of the Customer,
including, without limitation, to change such Credentials. It is the Customer’s sole responsibility to keep all
Credentials and other means of access within the Customer’s direct or indirect possession or control both
confidential and secure from unauthorized use. The Customer understands the utility of the First Due Size Up
Service depends on the availability of data and information relating to Locations and structures in the
Customer's jurisdiction, including but not limited to building system and structural information, building
inspection codes and incident report data (collectively, "Location Data"). Locality Media also may process and
furnish through the Service, in addition to Location Data, other data regarding residents and roadways within
the Customer's jurisdiction ("Community Data"). Location Data and Community Data are referred to collectively
herein as "Data". Locality Media may acquire Data from third party public and/or private sources in Locality
Media's discretion. In addition, the Customer will upload to the Service or otherwise provide to Locality Media in
such form and using such methods as Locality Media reasonably may require from time to time, any and all
Data from the Customer's records and systems which the parties mutually designate for inclusion in the Service
database. The Customer agrees not to filter or alter such records except to conform such Data to the formats
reasonably required by Locality Media. Subject to any third-party license restrictions identified expressly in
writing by the Customer, the Customer grants to Locality Media a perpetual, non-exclusive, worldwide, royalty-
free right and license to process, use and disclose the Data furnished to Locality Media by the Customer in
connection with the development, operation, and performance of Locality Media's business, including but not
limited to the Service. Customer shall own all Customer data and upon termination or written request, Locality
Media shall provide Customer data to Customer.
3.As between the parties, the Customer and its employees, contractors, members, users, agents, and
representatives (collectively, "Customer Users") are solely responsible for determining whether and how to use
Data accessed through the Service. The Customer acknowledges that Locality Media, through the Service,
provides an interface for viewing Data compiled from the Customer and other sources over which Locality
Media has no control and for which Locality Media assumes no responsibility. Locality Media makes no
representations or warranties regarding any Location or structure (including but not limited to a Location's
safety, construction, occupancy, materials, hazards, water supply, contents, location, surrounding structures,
exposures, size, layout, compliance, condition or history), residents, roadways, or any actual or expected
outcome from use of the Data, nor does Locality Media make any representation or warranty regarding the
accuracy or reliability of the Data received by Locality Media. Locality Media provides administrative and
information technology services only and does not advise, recommend, or render an opinion with respect to
any information communicated through the Service and shall not be responsible for the Customer's or any third
party's use of any information obtained through the Service.
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4.The Customer shall obtain and maintain, at its own expense, computers, operating systems, Internet browsers,
tablets, phones, telecommunications equipment, third-party application services and other equipment and
software ("Equipment") required for the Customer to access and use the Service (the Service being accessible
to users through standard Internet browsers subject to third party network availability and signal strength).
Locality Media shall not be responsible for any problem, error or malfunction relating to the Service
resulting from Customer error, data entry errors or malfeasance by the Customer or any third party, or the
performance or failure of Equipment or any telecommunications service, cellular or Wi-Fi network, Internet
connection, Internet service provider, or any other third-party communications provider, or any other failure or
problem not attributable to Locality Media ("Technical Problems").
5.This Agreement will be effective for an initial term of 12 months (the "Initial Term") commencing on the Effective
Date. After the Initial Term, this Agreement will automatically renew for successive terms of 12 months each (a
"Renewal Term"), subject to the right of either party to cancel renewal at any time upon at least 60 days' written
notice. Locality Media reserves the right to increase Customer’s renewal Service fees by no more than 5% per
annum, applied to the Service fees set forth in the previous term. Either party also may terminate this
Agreement immediately upon written notice if the other party: (i) becomes insolvent; (ii) becomes the subject
of a petition in bankruptcy which is not withdrawn or dismissed within 60 days thereafter; (iii) makes an
assignment for the benefit of creditors; or (iv) materially breaches its obligations under this Agreement and fails
to cure such breach within 30 days after the non-breaching party provides written notice thereof.
6.Upon termination, the Customer shall cease use of the Service and all Credentials then in the Customer’s
possession or control. This Section 6 and Sections 8 through 11 and 15 through 25 hereof shall survive any
termination or expiration of this Agreement.
7.The Customer agrees to pay the fees set forth in Exhibit A for use of those Service features described in Exhibit A
(as available as of the Effective Date). Locality Media may charge separately for services offered from time to
time that are not included in the scope of Exhibit A (such as new Service features, systems integration services
and applications of the Service for new purposes), subject to the Customer’s written acceptance of the terms
of use and fees associated with such services. The Customer shall be responsible for the payment of all taxes
associated with provision and use of the Service (other than taxes on Locality Media’s income). The Customer
represents it has not received and agrees that it shall not collect any fee, payment, or remuneration of any kind
from any Data provider, other municipal agency or other third party in connection with the Customer's
purchase or use of the Service under this Agreement.
8.Locality Media owns and shall retain all right, title, and interest in and to the Service, all components
thereof, including without limitation all related applications, APIs, user interface designs, software and source
code (which shall further include without limitation any and all source code furnished by Locality Media to the
Customer in connection with the delivery or performance of any services hereunder) and any and all future
enhancements or modifications thereto howsoever made and all intellectual property rights therein but not
Data furnished by the Customer. Except as expressly provided in this Agreement or as otherwise authorized in
advance in writing by Locality Media, the Customer and Customer Users shall not copy, distribute, license,
reproduce, decompile, disassemble, reverse engineer, publish, modify, or create derivative works from, the
Service; provided, however, that nothing herein shall restrict the Customer’s use of the Data that the Customer
has provided.
9."Confidential Information" means any and all information disclosed by either party to the other which is marked
"confidential" or "proprietary," including oral information that is designated confidential at the time of
disclosure. Without limiting the foregoing, all information relating to the Service and associated software and
the terms of this Agreement shall be deemed Locality Media's Confidential Information. Notwithstanding the
foregoing, "Confidential Information" does not include any information that the receiving party can
demonstrate (i) was known to it prior to its disclosure hereunder; (ii) is or becomes publicly known through no
wrongful act of the receiving party; (iii) has been rightfully received from a third party authorized to make such
disclosure without restriction; (iv) is independently developed by the receiving party, without the use of any
Confidential Information of the other party; (v) has been approved for release by the disclosing party's
prior written authorization; or (vi) is required to be disclosed by court order or applicable law, provided that
the party required to disclose the information provides prompt advance notice thereof to the other party
(except to the extent such notice is prohibited by law).
10.Each party hereby agrees that it shall not use any Confidential Information belonging to the other party other
than as expressly permitted under the terms of this Agreement or as expressly authorized in writing by the other
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party. Each party shall use the same degree of care to protect the other party's Confidential Information as it
uses to protect its own confidential information of like nature, but in no circumstances with less than reasonable
care. Neither party shall disclose the other party's Confidential Information to any person or entity other than its
employees, agents or consultants who need access thereto in order to effect the intent of this Agreement and
in each case who have been advised of the confidentiality provisions of this Agreement, have been instructed
to abide by such confidentiality provisions, entered into written confidentiality agreements consistent with
Sections 9-11 or otherwise are bound under substantially similar confidentiality restrictions.
11.Each party acknowledges and agrees that it has been advised that the use or disclosure of the other's
Confidential Information inconsistent with this Agreement may cause special, unique, unusual, extraordinary,
and irreparable harm to the other party, the extent of which may be difficult to ascertain. Accordingly, each
party agrees that, in addition to any other remedies to which the nonbreaching party may be legally entitled,
the nonbreaching party shall have the right to seek to obtain immediate injunctive relief, without the necessity
of posting a bond, in the event of a breach of Section 9 or 10 by the other party, any of its employees, agents
or consultants.
12.LOCALITY MEDIA REPRESENTS AND WARRANTS THAT IT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO
PROVIDE THE SERVICE WITHOUT INTRODUCING ERRORS OR OTHERWISE CORRUPTING DATA AS SUBMITTED BY THE
CUSTOMER. OTHER THAN THE FOREGOING, THE SERVICE, INCLUDING ALL DATA, IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, LOCALITY MEDIA
MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE AT ALL TIMES, NOR
DOES LOCALITY MEDIA WARRANT THAT THE SERVICE WILL REMAIN COMPATIBLE WITH, OR OPERATE WITHOUT
INTERRUPTION ON, ANY EQUIPMENT OF THE CUSTOMER OR CUSTOMER USERS. Locality Media will provide the
service on a 24X7X365 basis with an uptime guarantee of 99.5% availability excluding scheduled maintenance.
Locality Media will respond to Customer and provide Initial Responses, Temporary Resolutions and Final
Resolutions in accordance with the time requirements set forth in the table below.
Severity Level: Vendor’s Initial
Response will be
provided within:
Vendor’s Temporary
Resolution will be
provided within:
Vendor’s Final
Resolution will be
provided within:
1: Mission Critical – Software is down
/undiagnosed but feared critical;
situation may require a restore and
Software use is suspended until a
diagnosis is given
60 minutes from receipt
of initial notice from the
Customer, or discovery,
of the error
24 hours from receipt of
initial notice from the
Customer, or discovery,
of the error
2 days from receipt of
initial notice from the
Customer, or error
discovery
2: Critical Issue – Software is not down,
but operations are negatively
impacted
60 minutes from receipt
of initial notice from the
Customer, or discovery,
of the error
24 hours from receipt of
initial notice from the
Customer, or discovery,
of the error
2 days from receipt of
initial notice from the
Customer, or error
discovery
3: Non-Critical Issue – resolution period
to be mutually agreed upon
4 hours from receipt of
initial notice from the
Customer, or discovery,
of the error
3 days from receipt of
initial notice from the
Customer, or discovery,
of the error
15 days from receipt of
initial notice from the
Customer, or error
discovery
13.EXCEPT AS SET FORTH ABOVE IN SECTION 12, LOCALITY MEDIA MAKES AND THE CUSTOMER RECEIVES NO
WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE SUBJECT MATTER
HEREOF. LOCALITY MEDIA SPECIFICALLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT
TO THE SUBJECT MATTER HEREOF, INCLUDING WITHOUT LIMITATION THE SERVICE.
14.The Customer represents and warrants that the Customer is authorized and has all rights necessary to enter into
this Agreement, to provide the Data furnished by the Customer to Locality Media, and to use the Service and
Data, and Customer will only use the Service and Data, as permitted under this Agreement and in accordance
with the laws, regulations, and any third-party agreements applicable to the Customer and Customer Users.
Without limiting the generality of the foregoing, Customer shall not cause or permit any Data to be uploaded to
the Service or used in connection with the Service in any manner that would violate any third-party intellectual
property rights or license between Customer and any third party. Customer agrees not to use or permit the use
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of the Service and Data in connection with any public or private enterprise other than operation and
performance of the Customer's functions and services. In addition, the Customer and the Customer Users shall
not copy, distribute, license, reproduce, publish, modify, or otherwise use any Personally Identifiable Information
(PII) contained within the Data accessed through the Service for any purpose other than to lawfully carry out
the services and duties of the Customer. The Customer shall remain responsible for the performance, acts and
omissions of each Customer User as if such activities had been performed by the Customer.
15.Locality Media will indemnify, defend and hold harmless the Customer from and against any and all damages,
liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees) (collectively,
"Losses") resulting from any third-party claim, suit, action, investigation or proceeding (each, an "Action")
brought against the Customer based on the infringement by Locality Media of any third-party issued patent,
copyright or registered trademark, except to the extent such Action is based on Data furnished from the
Customer, the Customer’s breach of any third party agreement, or any combination or integration of the
Service with any Customer- or third-party property, method or system.
16.The Customer will indemnify, defend and hold Locality Media harmless from and against any and all Losses
arising from or relating to: (i) any breach by the Customer of Section 8; or (ii) any Action by a Customer User or
third party arising from or relating to the use of the Service or Data accessed through the Service, except to the
extent such Losses are subject to Section 15 above or result from the gross negligence or willful misconduct of
Locality Media.
17.Such indemnification under Sections 15 and 16 will be provided only on the conditions that: (a) the
indemnifying party is given written notice reasonably promptly after the indemnified party receives notice of
such Action; (b) the indemnifying party has sole control of the defense and all related settlement negotiations,
provided any settlement that would impose any monetary or injunctive obligation upon the indemnified party
shall be subject to such party’s prior written approval; and (c) the indemnified party provides assistance,
information and authority as reasonably required by the indemnifying party.
18.EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND EXCEPT FOR CLAIMS OF GROSS
NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE LIABLE TO THE CUSTOMER OR
CUSTOMER USERS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING
FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES OR DATA, EVEN IF THE CUSTOMER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR ITS INDEMNIFICATION OBLIGATIONS IN SECTION 15, AND
EXCEPT FOR CLAIMS OF GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, LOCALITY MEDIA SHALL NOT BE
LIABLE TO THE CUSTOMER OR CUSTOMER USERS FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT IN
EXCESS OF THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE BY THE CUSTOMER TO LOCALITY MEDIA
WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY, OR (B) $5,000.
19.All notices, requests, demands, or consents under this Agreement must be in writing, and be delivered
personally, by email or facsimile followed by written confirmation, or by internationally recognized courier
service to the addresses of the parties set forth in this Agreement.
20.Except as otherwise provided below, neither party may assign this Agreement or any rights or obligations
hereunder without the prior written consent of the other party. Locality Media may assign this Agreement or
any rights or obligations hereunder to any Locality Media affiliate or in connection with the merger or
acquisition of Locality Media or the sale of all or substantially all of its assets related to this Agreement, without
such consent. This Agreement shall be binding upon and inure to the benefit of the parties, their respective
successors and permitted assigns.
21.This Agreement shall be governed by and construed in accordance with the laws of the State of California.
22.Any modification, amendment or waiver to this Agreement shall not be effective unless in writing and signed by
the party to be charged. No failure or delay by either party in exercising any right, power, or remedy hereunder
shall operate as a waiver of such right, power, or remedy.
23.The parties are independent contractors with respect to each other, and neither shall be deemed an
employee, agent, partner, or legal representative of the other for any purpose or shall have any authority to
create any obligation on behalf of the other. Neither party intends to grant any third-party beneficiary rights as
a result of this Agreement.
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24.Any delay in or failure of performance by either party under this Agreement will not be considered a breach
and will be excused to the extent caused by any event beyond the reasonable control of such party including,
but not limited to, acts of God, acts of civil or military authorities, strikes or other labor disputes, fires, interruptions
in telecommunications or Internet or network provider services, power outages, and governmental restrictions.
25.This Agreement supersedes all prior agreements, understandings, representations, warranties, requests for
proposal and negotiations, if any. Each provision of this Agreement is severable from each other provision for
the purpose of determining the enforceability of any specific provision.
26.Agreement Billing Information
a.Accounts Payable Contact
Name: MaryJo Reynolds
Email: ap@cityofukiah.com
Phone: (707)463-6293
b.Tax Exempt _No____ (Yes/No)
If yes, please email a copy of the Exempt Certificate to accounting@firstdue.com.
c.Purchase Order Required ___No__ (Yes/No)
If yes, return a copy of the Purchase Order with the signed agreement or email a copy to
accounting@firstdue.com.
LOCALITY MEDIA, INC. Ukiah Valley Fire Department
By: By:
Name: Andreas Huber Name: Sage Sangiacomo
Title: President & CEO Title: City Manager
Date: Date: May 30, 2024
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Exhibit A - Quote
Locality Media, Inc. dba First Due
107 Seventh St
Garden City, NY 11530, United States
Phone: +1 (516) 874-2258
Website: https://www.firstdue.com/
Prepared By: Seth Dinehart
Valid Until: June 30, 2024
Quote Number: 1545132000268755982
BILL TO:
Eric Singleton
Ukiah Valley Fire Department
1500 S State St.
Ukiah, CA 95482
Account: Ukiah Valley Fire Department
Subscription Start: April 15, 2024
Initial Term: 12 months
Annual Subscription: $36,990.00
Product Details Total
Occupancy Management & Pre-Incident Planning
Manage Occupancies, Pre-Incident Mapping, ArcGIS Maps, Fire Systems, Hazardous Material,
and Contacts.
Responder
Web Responder dashboard and Responder iOS/Android App with notifications, statusing and
routing.
Hydrant Management – Advanced
Manage Hydrants including hydrants visible on pre-plan & response map, hydrant list, hydrant
types, hydrant uploads, ArcGIS hydrant layers, hydrant setup, hydrant service checklist, data
management, mapping, service inspections, hydrant flow test and reporting.
Inspections
Field Inspections, Configurable Checklists, Violation Management, Virtual Inspections, Inspections
Scheduler, and Integrated Pre-Incident Planning.
Invoicing
Invoice Management, Bulk Mailing, Billing Report and Customizable Fee Schedules.
Permitting
Permit Management, Customizable Permit Types, Plan Review and Permit Fees.
Investigations
Organize, analyze, and document investigations, keeping case information secure and
separated from, but integrated with other modules.
Incident Reporting – NFIRS
NFIRS Incident Documentation, State and Federal Compliance with automated submission.
Incident Reporting – ePCR
ePCR Incident Documentation, State and Federal Compliance with automated submission.
Scheduling
Manage staff schedules with an interactive shift board, configurable call shifts module,
messaging, time-off and shift trades.
Personnel Management
Store, Manage and Access Employee Records including demographic data, certifications and
employment information.
Training Records
Assign Training, Record Completions, View Training Logs, and Manage Certifications.
Events & Activities
Create Events, View Global Activity Log, and Access Global Calendar.
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Assets & Inventory
Assets, vehicles, equipment and inventory management, assets and equipment checks, and
work order management.
Community Connect
Online portal for residents and businesses to input critical occupant and property data that can
be made available to Emergency Response Agencies during an incident.
CAD Integration
Automated importing of CAD calls via XML, Database Connector or API.
Premium Online Training Package
8 Hours Online Training with certified First Due Instructor
Implementation and Configuration Services
Services related to configuring and customizing the First Due Platform as described in the
Statement of Work.
One-Time Fees Subtotal $ 9,000.00
Subscription Fees Subtotal $ 36,990.00
Grand Total $ 45,990.00
Statement of Work
Please see attached Statement of Work detailing the Implementation, Training, Data Migration, Integrations,
Customer Success Manager, Customer Support, and Assumptions for this Exhibit A – Quote.
Terms and Conditions
The above-listed Grand Total will be invoiced on or around the Subscription Start date. For subsequent annual
periods, the Service fees are due and payable annually in advance.
Payment Terms: Net 30 days
For electronic ACH payment: JPMorgan Chase Bank | ABA Routing: 021000021 | Account #: 803527972
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Statement of Work
Locality Media, Inc. dba First Due
107 Seventh St
Garden City, NY 11530, United States
Phone: +1 (516) 874-2258
Website: https://www.firstdue.com/
For Quote Number: 1545132000268755982
Statement of Work | Ukiah Valley Fire Department
1. Introduction
1.1 Purpose
The purpose of this Statement of Work (SoW) document is to clearly define the Implementation, Training, Data
Migration, Integrations, Customer Success Manager, Customer Support, and Assumptions for Ukiah Valley Fire
Department (“Customer”) from Locality Media, Inc. dba First Due (“First Due”) for the purchased product(s)
set forth in Exhibit A – Quote (“Purchased Products”) attached to the Agreement.
1.2 Scope:
This SOW includes the configuration, optimization, and deployment of the Purchased Products with the goal
of meeting the organizational needs of the Customer.
2. Implementation
2.1 Overview
First Due utilizes a combination waterfall and iterative approach to implementation. This includes Discovery,
Configuration, Optimization, Data Migration, Training, and Go-Live.
2.2 Implementation Resources
•Implementation Manager: Project lead and go-to person, acting as the primary liaison between the
Customer and the First Due project team. The Implementation Manager will develop and execute the
project plan, manage communication, and ensure adherence to predefined timelines and quality
standards. This individual is also responsible for helping to configure the core system and some of the
more straightforward modules.
•Implementation Product Specialist(s): While the Implementation Manager will lead the overall project,
Product Specialists will be brought in to help configure and optimize specialty modules such as Fire
Prevention, ePCR, Assets & Inventory, Training, Scheduling, and Reporting. They are product experts in First
Due and are versed in industry best practices for their specific product specialties. Depending on the
modules purchased and complexity, your project may be assigned 1-3 Product Specialists.
•Technical Implementation Specialist: Responsible for managing data migration from your current vendor
to First Due and the integration between First Due and CAD. The Technical Implementation Specialist
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team comes from a diverse background, ranging from database management to public safety software
integration.
•Customer Success Manager: As the point person after project completion, the Customer Success
Manager (CSM) will be part of the implementation as an advocate and to ensure a seamless transition to
support post go-live. During the Implementation they will regularly check-in to ensure progress is being
made and help with the addition of new modules or scope from a commercial perspective. Post go-live,
they will provide regular check-ins to ensure the Customer is adopting the Purchased Products and
deriving value from them.
•Training Manager: Responsible for developing and executing the training plan, with the goal of effective
adoption of the Purchased Products by Customer. The Training Manager will be involved throughout the
project to ensure they have the Customer specific knowledge to design the most effective training plan
possible.
2.3 Implementation Phases
2.3.1 Discovery & Planning: Once the Project has been assigned, Customer will receive a set of tailored
discovery questionnaires. Once filled out, the Implementation Manager will schedule a Project Kick-Off.
During this meeting the Customer will receive access to the First Due platform, meet the project team
and receive an initial product tour. The Implementation Manager will also provide an overview of the
project plan, decide the meeting cadence, and formalize the next steps. CAD Integration and Data
Migration planning meetings are also held during this phase, if required. These meetings will be led by
the Technical Implementation Specialist.
•Key Meeting(s): Project Kick-Off, CAD Kick-Off, Data Migration Planning
•Milestone(s): Project Kick-Off, System Access
•Customer Task(s): Fill Discovery Questionnaires
•Deliverable(s): Welcome email, Initial Account Set-Up, System Logins Provided
2.3.2 Configuration: After planning is complete, the Implementation Manager will begin scheduling the
Configuration sessions. Before each configuration session there will be some light prep work for the
Customer to complete. Generally, there will generally be one (1) configuration session per module, but
in cases where there is more complexity, there may be multiple. These sessions will be either be run by
the Implementation Manager or the Implementation Product Specialist, depending on the module.
•Key Meeting(s): Module Configuration Sessions (1-2 per module)
•Milestone(s): N/A
•Customer Task(s): Configuration Prep Work (per module)
•Deliverable(s): Initial Module Configuration
•Scope: All Purchase Products
2.3.3 Optimization: After the configuration is complete, the Customer will be provided with test work (module
User Acceptance Testing (UAT)) to complete. Following the completion of the UAT work, Optimization
Sessions will be held to review Customer feedback, correct any issues, and finalize the configuration of
the module. There will generally be one (1) Optimization session per module, but in cases where there is
more complexity, there may be multiple. Once a module is configured and optimized, the Customer
will be provided a module sign-off document to review and sign. Note Configuration and Optimization
sessions may run interchangeably to ensure the project stays on-track.
•Key Meeting(s): Module Optimization Sessions (1-2 per module)
•Milestone(s): Module Acceptance and Sign-Off (1 per module)
•Customer Task(s): Optimization Prep Work (UAT per module)
•Deliverable(s): Module Optimization resulting in Customer Acceptance
•Scope: All Purchase Products
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2.3.4 Data Migration: Data Migration will occur through-out the project and can be summarized in three
steps: (1) initial data migration at the beginning of the project required for configuration, (2) import of
historical records, usually occurring throughout the project, and (3) final data migration immediately
before go-live. First Due’s Data Migration team will review your legacy data environment and provide
guidance on the best path to extract, map, and import the data into First Due.
•Key Meeting(s): Data Migration Planning
•Milestone(s): Data Migration Sign-Off
•Customer Task(s): Extract or provide access to legacy data based on guidance from First Due
Data Migration team, Data Mapping Assistance, review and approve data load.
•Deliverable(s): Data Migration Plan, Data Mapping Assistance, Data Import
2.3.5 Training: As the project is in the final stages, the Training Manager will work with the Customer to
arrange a training plan that will result in the successful adoption of the Purchased Products. Note that
while Webinar Administrator training will occur during configuration and optimization sessions, the
Training Manager will arrange formal Webinar and/or Onsite Train-the-Trainer and/or End User Training
Session(s). Additive to the provided training, Customer will also have access to live weekly training
academy sessions as well as on demand online training videos and training guides via the First Due
Knowledgebase.
•Key Meeting(s): Training Planning, Training Sessions
•Milestone(s): Training Completed
•Customer Task(s): Coordinate staff to be trained
•Deliverable(s): Training Plan and Training Session(s)
2.3.6 Go-Live: Once all modules have been signed off and training has been arranged or completed, First
Due will work with the Customer to kick-off the Go-live process. This includes: (1) Final System
Acceptance, (2) Go-live planning meeting, (3) Final Data Migration, (4) Go-live, and (5) Post go-live
implementation support.
•Key Meeting(s): Go-live planning, Post Go-live Check-Ins
•Milestone(s): System Acceptance, Go-live
•Customer Task(s): Final Testing
•Deliverable(s): Post Go-live Implementation Support (2-4 weeks)
2.3.7 Transition to Customer Success: Following the completion of the post go-live support period and
assuming all critical implementation tasks are complete, Customer will be transitioned to their Customer
Success Manager (CSM) and to the First Due Support team.
•Key Meeting(s): Customer Success Transition Meeting
•Milestone(s): Transition to Customer Success and Support
•Customer Task(s): N/A
•Deliverable(s): N/A
3. Training
Training is an integral part of any successful implementation. First Due is focused on providing your agency
adequate training to ensure effective user adoption of the platform. As part of this Statement of Work, the
Customer shall receive:
•Formal training as outlined in Exhibit A - Quote
•Administrator Training as part of the Configuration / Optimization
•Access to live First Due Academy Webinars
•Access to online recorded training videos and guides via an interactive knowledgebase
Any additional scope or detail related to Training will be listed below.
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4.Data Migration
First Due understands the importance of data migration to our customers and has extensive experience
working to migrate historical records into the platform. First Due will use best efforts to migrate applicable
data from Customer’s existing systems utilizing data migration best practices. This includes:
•Data Migration Planning Session
•Assistance/Guidance in extracting data from existing system/s
•Mapping extracted data to First Due import workbooks
•Importing of Data into First Due
The Data Migration scope of this Statement of Work will be to import legacy data from Customer existing
systems in order for the Purchased Products to be operational. This includes operational data and historic
records. Note that there are times when certain data is not seen as valuable to migrate to First Due. First Due
and Customer will agree during the planning phase on what data needs to be migrated and priorities
around data migration.
5. Integrations
As part of this Statement of Work, First Due will Implement all integrations and relevant scope outlined in
Exhibit A – Quote. Integrations will be implemented during the configuration and optimization phases outlined
above. In most cases, these integrations will be aligned with the module they are related. The only exception
to this is the CAD Integration which, if part of scope, will have its own dedicated session at the beginning of
an implementation. Customer or complex integrations may follow this same exception and have their own
sessions to implement.
First Due will support these integrations post go-live. Note First Due is not responsible for outages, issues, and
failures of 3rd Party Vendors. First Due will, however, always endeavor to work with Customer to resolve issues,
regardless of responsibility.
Any additional scope or detail related to Integrations will be listed below.
6.Customer Success Manager
First Due understands the value of ongoing Customer Success activities post go-live. As part of this Statement
of Work, Customer will receive a Customer Success Manager who will be the point person for Customer post
go-live. Customer will receive regular check-ins to ensure the adoption of the Purchased Products. As part of
the regular check-ins, the Customer Success Manager can help Customer with any major enhancements or
issues, new feature updates, interest in other modules and additional training needs.
7. Customer Support
A customer’s success is important to First Due and we understand having a reliable, knowledgeable
Customer Support (or Support) team there to help is vital. Customer Support provides a central point of
contact to ensure that all customer support requests are responded to and resolved. Below is a summary of
the support components.
7.1 Contacting Customer Support
Customer Support is a service provided to our customers when they have questions, requests, or issues with
the Services. When Customer submits a support request, a Support Ticket (or Ticket) is created within First
Due’s Support CRM and a unique ID (or ticket number) is assigned to track and document Customer’s
support request.
We offer a variety of channels to communicate with our Support team:
•Online: https://support.firstduesizeup.com/portal/en/kb/first-due-community-connect-support
•Email: support@firstdue.com
•Phone: (516) 874-5818
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7.2 Self-Service Resources
First Due strives to provide useful, empowering self-service resources that are available 24/7 on our online
Support Center. Our Knowledgebase contains step-by-step/how-to articles, FAQs, videos, best practices,
etc.
7.3 Hours of Operation
Customer Support hours of operation (Business Hours) are:
•Monday to Friday, 9:00am – 6:00pm ET**
•** 24x7 Support available for Sev 1 (Down/Urgent) issues.
8. Assumptions
8.1 Customer Participation
Every successful implementation requires adequate participation from the Customer. Although First Due is
ultimately responsible for deliverables in the SoW, Customer agrees to attend the necessary calls and
complete required preparatory work in order to help drive the project forward. At a minimum, Customer
resources will be required for one (1) hour per week for meetings, and half an hour to one (0.5-1) hour of prep
work per week by one or multiple individuals. Customer understands the importance of ensuring the correct
Customer resources are available when required.
8.2 Statement of Work Expiration
Excluding significant delays caused by the First Due team, this Statement of Work will expire within twelve (12)
months of the Subscription Start Date as detailed in Exhibit A – Quote. In situations where the project is
delayed for no fault of either party, First Due agrees to extend the term, only if there is an agreed plan to
complete the project within the extension period. Note the term expiration does not apply to section 6 & 7
above and will not impact First Due’s ability to support the Customer post go-live.
8.3 Best Practice and Standard Workflow
First Due intends to meet the organizational needs of the Customer and their respective software
requirements by configuring the Purchased Products to closely align with existing workflows. Although First
Due is incredibly flexible, there may be times when First Due recommends using standard functionality or best
practice to ensure a timely implementation, and simplification of current process. These workflows may differ
from Customer existing workflows. Customer understands the importance of collaboration to achieve the
ultimate goal of successfully adopting the Purchased Products and is aware there may be changes to
existing workflow to accomplish this.
8.4 Go-live Requirements & Gaps
Over the course of the Implementation, both parties may uncover functionality gaps in the Purchased
Products. Some of these gaps may have a material impact on the ability to implement or adopt the product.
Gaps of this nature, deemed Go-Live Requirements, will be prioritized to ensure a timely go-live and project
completion. However, in the case that certain features are not complete before go-live, they will be added
to module and system signoffs as exceptions and will be completed within an agreed upon timeframe.