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HomeMy WebLinkAboutItem 12 - Agreement for Software Subscription Information Technology www.santa-ana.org/IT Item # 12 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report April 7, 2026 TOPIC: Website ADA Access Software Subscription AGENDA TITLE Agreement with CivicPlus, LLC for DocAccess Software Subscription (Non-General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with CivicPlus, LLC for a DocAccess software license subscription for a one-year term, beginning April 7, 2026 through April 6, 2027, in an amount of $49,618, with two (2) optional one (1) year extensions for a total not to exceed amount of $169,621. (Agreement No. A-2026-XXX) GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On April 24, 2024, the U.S. Department of Justice (DOJ) published a final rule updating regulations under Title II of the Americans with Disabilities Act (ADA) to establish specific requirements for the accessibility of web content and mobile applications provided by state and local government entities. The rule is intended to ensure that individuals with disabilities have equal access to digital services, programs, and activities offered by public agencies. The final rule adopts the Web Content Accessibility Guidelines (WCAG) Version 2.1, Level AA, as the technical standard for compliance. WCAG 2.1 Level AA is a globally recognized set of accessibility criteria that addresses a wide range of disabilities, including visual, auditory, cognitive, and motor impairments. These standards require that digital content be perceivable, operable, understandable, and robust. Examples of compliant practices include providing text alternatives for images, ensuring sufficient color contrast, enabling full keyboard navigation, offering captions for multimedia content, and maintaining consistent and predictable website functionality. Under the rule, local governments with populations of 50,000 or more, which includes the City of Santa Ana, are required to comply with these accessibility standards by April 24, 2026. Website ADA Access Software Subscription April 7, 2026 Page 2 5 6 8 4 The DOJ’s update reflects the increasing reliance on digital platforms for accessing government services and information. Ensuring compliance not only reduces legal risk but also promotes inclusivity, enhances user experience, and improves overall service delivery to the community. Staff has been working to make the City website ADA accessible. However, the extensive use of Adobe PDF documents on the website has been particularly challenging. PDF documents are often exported from print tools and lack HTML’s dynamic tagging. Retrofitting scanned or untagged PDFs is labor-intensive and costly. The DocAccess solution by CivicPlus can batch process, remediate, and publish accessible versions of all City PDF documents on the City’s website by utilizing a website plug-in. DocAccess utilizes a proprietary AI-driven process to remediate PDFs in bulk as well as monitor in real-time for ongoing compliance of PDFs on City websites. City staff has not identified any other solutions that can perform these functions and recommends approval of a sole source agreement with DocAccess. Failure to comply with the updated ADA requirements may expose the City to legal challenges and limit access to essential services for individuals with disabilities. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the current FY 2025-26 budget. Future fiscal year funding will be included in the proposed budgets for City Council consideration. Estimated amounts expended per fiscal year are shown in the table below. Fiscal Year Accounting Unit - Account No. Fund Description Accounting Unit – Account No. Description Amount 2025-26 10920141-66511 Information Technology Enterprise Systems– Software Maintenance & Support $49,618 2026-27 10920141-66511 Information Technology Enterprise Systems– Software Maintenance & Support $58,538 2027-28 10920141-66511 Information Technology Enterprise Systems– Software Maintenance & Support $61,465 Total $169,621 Website ADA Access Software Subscription April 7, 2026 Page 3 5 6 8 4 EXHIBIT(S) 1. CivicPlus DocAccess Agreement Submitted By: Jack Ciulla, Chief Technology Innovations Officer Approved By: Alvaro Nuñez, City Manager DocAccess Service Proposal for City of Santa Ana, CA Page 1 of 15 Accessible Document Service Proposal Transform Your PDFs into Fully Accessible, Searchable, and Translatable Documents PREPARED FOR Demi Perez Administrator City of Santa Ana, CA dperez10@santa-ana.org PREPARED BY Mariah Herschelman Business Development Representative DocAccess by CivicPlus mariah.herschelman@getstreamline.com (916) 900-6619 DocAccess Service Proposal for City of Santa Ana, CA Page 2 of 15 Executive Summary City of Santa Ana, CA faces a critical deadline for PDF accessibility compliance. After analyzing 18,373 links across its web properties, the DocAccess tool discovered at least 485 documents that can—and need to be—served in an accessible format. With this agreement, DocAccess will ensure all publicly available documents are served in an accessible format. Traditional remediation of just the documents identified would cost approximately $45,143 or could take 27 weeks of dedicated staff time. significantly less than traditional remediation in the first year alone, with instant deployment and ongoing compliance. DocAccess Service Proposal for City of Santa Ana, CA Page 3 of 15 The Accessibility Challenge Under the Americans with Disabilities Act (ADA) and recent Department of Justice guidelines, all public-facing digital content must be accessible to people with disabilities. This includes: ✓Meeting WCAG 2.1 AA standards for all PDF documents ✓Providing equal access to information for all users ✓Avoiding costly lawsuits and compliance penalties ✓Serving your community's 15-20% of residents with disabilities ✓According to the U.S. Census Bureau American Community Survey (ACS) for Santa Ana, a largemajorityofresidentsspeak a language other than English at home—primarily Spanish—with a substantial share reporting that they speak English less than "very well." This indicates that multilingual access to public documents is important for effective communication with residents. DocAccess Service Proposal for City of Santa Ana, CA Page 4 of 15 The DocAccess Solution DocAccess transforms your existing PDFs into fully accessible documents without changing your files or website structure. Our cloud-based solution provides: Accessibility Automatic conversion to screen-reader compatible HTML with proper semantic structure and WCAG 2.1 AA compliance. Users can search within documents and ask questions in plain language, getting instant answers in their preferred language. Responsive design ensures perfect viewing on all devices, from smartphones to desktop computers. Real-time translation powered by Google Translate, prioritizing languages spoken in 24/7 access to professional interpreters via Aira for users who need additional assistance - included at no extra cost. AI-generated comprehensive alt-text for all images, charts, maps, and diagrams following WCAG best practices. DocAccess Service Proposal for City of Santa Ana, CA Page 5 of 15 ⚖Standards & Laws We Help You Meet ✅Every Plan Includes ✓Unlimited document views — No per-view charges, ever ✓Automatic new document processing — New PDFs are processed as they're published ✓250 language translation — Real-time translation powered by Google Translate ✓AI-powered Q&A — Users can ask questions about document content in plain language ✓Live visual interpretation — 24/7 Aira access for users who need additional assistance ✓Compliance dashboard — Monitor your accessibility status in real-time Disabilities Act requirements for public WCAG 2.1 AA International Web Content Accessibility Guidelines—the gold standard for digital accessibility. Federal accessibility standard required for International standard for universally DocAccess Service Proposal for City of Santa Ana, CA Page 6 of 15 ✓No setup fees — Simple installation, no hidden costs 📊📊 How DocAccess Compares to Other Municipal Services Annual cost per resident comparison 💰💰 Why Not Traditional Remediation? $7-15+ per page, one-time 20+ minutes of staff time per page Requires reprocessing when documents update No translation or search functionality You own the compliance burden forever Fire Protection (avg) Parks & Recreation (avg) Library Services (avg) Elections Administration Predictable annual pricing Instant processing—no staff time required Automatically handles document updates Includes translation, search, and Q&A We handle compliance—you focus on your mission DocAccess Service Proposal for City of Santa Ana, CA Page 7 of 15 Technical Excellence & Compliance DocAccess is built on industry-leading standards and partnerships: ✓Testing PDFs for WCAG 2.1 AA and PDF/UA compliance verified by VeraPDF validation ✓Section 508 and ADA Title II & III compliance ✓ISO 14289 (PDF/UA) standard adherence ✓Tested with all major screen readers (JAWS, NVDA, VoiceOver) ✓Regular audits by accessibility experts ✓Continuous improvement through user and community feedback DocAccess Service Proposal for City of Santa Ana, CA Page 8 of 15 Simple Implementation Process 1 Add one line of code to your website - similar to Google Analytics. Works with any CMS or platform. 2 DocAccess scans and processes all your PDFs, creating accessible versions without touching your original files. 3 Your PDFs are now served in an accessible, translatable, and mobile-friendly format. New documents are processed automatically. Full dashboard for monitoring. DocAccess Service Proposal for City of Santa Ana, CA Page 9 of 15 Investment & Value What's Included: ✓Unlimited documents on santa-ana.org ✓Unlimited document views and downloads ✓Automatic processing of new documents ✓All accessibility features (translation, Q&A, live assistance) ✓Compliance monitoring dashboard ✓Regular accuracy reviews by experts ✓No setup fees or hidden costs DocAccess Service Proposal for City of Santa Ana, CA Page 10 of 15 Frequently Asked Questions No. DocAccess creates WCAG 2.1 AA compliant HTML formats that are the gold standard for ADA requirements. Your original PDFs remain unchanged as an alternative format for printing. Most organizations are fully operational within 24-48 hours of installing the DocAccess code. Complex documents may take slightly longer for our quality review process. DocAccess uniquely handles external PDFs you link to, ensuring your users have an accessible experience even with third-party documents. DocAccess meets all federal ADA requirements and state-specific regulations for accessible document creation. No customer using DocAccess has paid even a dollar for any ADA lawsuit, claim, or fine related to its documents. If you encounter an issue, contact us immediately so we can assist you with our unlimited accessibility and legal support program. DocAccess Service Proposal for City of Santa Ana, CA Page 11 of 15 Service Agreement This Software as a Service Agreement ("Agreement") is entered into on April 7, 2026, between CivicPlus, LLC ("Provider") and City of Santa Ana, CA ("Customer"). Services Provided DocAccess is a subscription-based accessibility solution that includes: Automated document accessibility compliance Real-time translation to 250 languages AI-powered search and Q&A functionality 24/7 live visual interpretation services Compliance monitoring and reporting Subscription Metropolitan - 305,000 Population Plan - Publicly Available PDFs on santa-ana.org Terms List Price: $55,750 per year Discounted Fee: $49,618 first year (11% discount), then $55,750 per year Contract Term: April 7, 2026 - April 6, 2027 - 5% annual uplift starting Year 2 Payment Schedule: Every year, beginning April 1, 2026 Payment Terms: Net 45 Renewal Procedure: Upon mutual agreement of the parties 60 days prior to any renewal term Example Payment Schedule Invoice Dates of Service Rate Amount Complimentary Service 3/3/2026 - 3/31/2026 Free $0 First Invoice 4/7/2026 - 4/6/2027 $55,750/year (11% first year discount applied) $49,618 Future Invoice 4/7/2027 - 4/6/2028 $55,750/year + 5% uplift $58,538 The CivicPlus accounting department will gladly work with you to adjust the payment schedule to meet your needs. Amounts will not include certain state or local imposed sales taxes. Proration amounts are approximate. This Service Agreement is governed by the terms and conditions of the Master Services Agreement and the DocAccess Terms and Conditions, both available at: https://www.civicplus.help/docs/legal-terms-and-conditions- for-services (collectively, the "Agreement"). By executing this Service Agreement, Customer acknowledges and , the parties may extend the agreement by up to two (2), one (1) year extensions, exercisable by a writing by the City Manager and the City Attorney. * The total compensation due under the agreement shall not exceed $169,621.00 DocAccess Service Proposal for City of Santa Ana, CA Page 12 of 15 agrees to be bound by all terms and conditions set forth in the Agreement referenced above. In the event a Master Services Agreement is already executed between the parties, the existing agreement shall take precedence over the linked Master Services Agreement. Customer may issue purchase orders for its internal, administrative use only, and not to impose any contractual terms. Any terms contained in any such purchase orders issued by the Customer are considered null and will not alter the Binding Terms, the Agreement, or this service agreement. CivicPlus, LLC Name: Mac Clemmens Title: Date: SVP, DocAccess Co-Founder City of Santa Ana, CA Name: Jack Ciulla Title: Date: W-9 available at getstreamline.com/w9 | Fed Tax ID: 48-1202104 CITY OF SANTA ANA _______________________ ALVARO NUÑEZ City Manager ATTEST: _______________________ JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _______________________ JONATHAN T. MARTINEZ Assistant City Attorney CivicPlus, LLC _______________________ By: Mac Clemmens Title: SVP, DocAccess Co-Founder RECOMMENDED FOR APPROVAL: ________________________ JACK CIULLA Chief Technology Innovations Officer Information Technologies Department 03-23-2026 DocAccess Service Proposal for City of Santa Ana, CA Page 13 of 15 Company shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, and damages to property (including computer equipment), theft, or other misuse of Customer’s data, infringement of intellectual property, invasion of privacy and breach of data, which may arise from or in connection with the performance of the work hereunder by Company, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1.Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 general aggregate. 2.Cyber Liability (CL): Insurance, with limits not less than $2,000,000 per occurrence or claim and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Company in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, and release of private information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. 3.Technology Professional Liability Errors and Omissions Insurance (E&O): appropriate to the Company’s profession and work hereunder, with limits not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Company in this agreement and shall include, but not be limited to, claims involving business interruption, damage to or destruction of electronic information, and alteration of electronic information. The policy shall provide coverage for Company’s failure to provide professional services and/or products under this Agreement. The Policy shall include, or be endorsed to include, damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of Customer in the care, custody, or control of Company. 4.Workers’ Compensation (WC): As required by the State of California, with statutory limits, and Employer’s Liability insurance with limits of no less than $1,000,000 per accident, policy, employee, for bodily injury or disease. If Company maintains broader coverage and/or higher limits than the minimums shown above for any line of coverage, Customer requires and shall be entitled to the broader coverage and/or the higher limits maintained by Company. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Customer. Other Insurance Provisions The above required insurance policies are to contain or be endorsed to contain the following provisions: 1.City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers are to be covered as additional insureds, under Company’s CGL policy, with respect to any liability arising out of work or operations performed by or on behalf of the Company including materials, parts, equipment, and personnel furnished in connection with such work or operations. 2.Company’s Insurance companies agree to waive all rights of subrogation against City of Santa Ana, its City Council, its officers, officials, employees, agents, and volunteers for losses paid under the terms of the Company’s CGL, CL, and WC policies which arise from work performed by Company under this Agreement. DocAccess Service Proposal for City of Santa Ana, CA Page 14 of 15 3. For any claims related to this contract, Company’s insurance coverage shall be primary and any insurance maintained by City of Santa Ana, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 4. A severability of interest provision must apply for all the additional insureds, ensuring that Company’s insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer’s limits of liability. 5. Insurance policies required herein shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non-renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non-renewal due to non-payment of premium. 6. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: (Name of Department Staff Responsible for Agreement), Address of Department Responsible for Agreement, M-XX, Santa Ana, CA 92701. The name and location of project must be included in the Description of Operations section of each certificate. Self-Insured Retentions Self-insured retentions must be declared to and approved by Customer. Customer may require Company to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A-:VII, unless otherwise acceptable to Customer. Claims Made Policies If any of the required policies provide coverage on a claims-made basis: 1. The retroactive date must be shown and must be before the date of the contract. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, Company must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work. Verification of Coverage Company shall furnish Customer with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause). Failure to obtain the required documents prior to the work beginning shall not waive Company’s obligation to provide them. Customer reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subcontractors Company shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. Special Risks or Circumstances DocAccess Service Proposal for City of Santa Ana, CA Page 15 of 15 Customer reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Failure to Maintain Insurance Coverage If Company, for any reason, fails to maintain insurance coverage, which is required pursuant to this Agreement, for the entire term of this contract, the same shall be deemed a material breach of Agreement. Customer, at its sole option, may terminate this Agreement at any time and obtain damages from Company resulting from said breach.