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Home My WebLink About25D - AGMT - SOFTWARE SUPPORTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE: AGREEMENT AMENDMENT WITH ACTIVE NETWORK FOR MAINTENANCE AND SUPPORT OF CLASS SOFTWARE (STRATEGIC PLAN NO. 5,6C) ti CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a second amendment to the agreement with Active Network for maintenance and support of CLASS software, which will extend the term end -date from November 30, 2016 to November 30, 2017 and increase the total amount under the existing agreement and amendment by $11,965.91 for the renewal period for a total amount of $34,230.88 for the three-year period, subject to non -substantive changes approved by the City Manager and City Attorney, DISCUSSION The City utilizes a software application to process recreational class registrations and facility reservations for its athletic fields, recreation centers and senior centers. The system is essential for operations, but requires on-going maintenance and support from Active Network to be functional. The City purchased the system over 10 years ago. In June 2015, the City entered into its most recent yearly maintenance and support agreement and has amended it once to extend the term end -date. This amendment will extend the term end -date one final time as the software will be obsolete in November 2017. PRCSA has already started the process for selecting new software. The effective date of the agreement amendment will be November 30, 2016, which is when the vendor signed the amendment, before the expiration of the previous amendment. The vendor has continued to provide services on the same terms and conditions. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents), Strategy C (Integrate a variety of health and wellness programs into existing 25D-1 Agreement Amendment with Active Network for Maintenance and Support of CLASS Software December 20, 2016 Page 2 programming at each of the city's community/recreation centers (e.g. Develop equitable health access points)). FISCAL IMPACT Funds are available in the following account for the specified year: Accounting Unit Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency FY 16/17 11,965.91 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 25D-2 AMENDMENT (No. 2) TO THE AGREEMENT This Amendment No. 2 (this "Amendment") is made effective as of (the "Amendment Effective Date") by and between City of Santa Ana ("Client") and Active Network, LLC (successor in Interest to The Active Network, Inc.) ("Active") and emends that certain Products and Services Agreement, dated as of June 9, 2015 as amendment by Amendment #1 dated November 30, 2015 (together the "Agreement") entered Into by the Parties. Client and Active are also individually referenced herein as a "Party" and collectively as the "Parties." Capitalized terms used but not defined herein shall have the meanings ascribed to such terms in the Agreement. NOW THEREFORE in consideration of the mutual covenants, recitals and promises contained in this Amendment and for other good and valuable consideration, the receipt and sufficiency of which Is hereby acknowledged by each Party, the Parties hereto hereby agree as follows: Changes to the Agreement. Section 6.1 Termination of the Agreement is deleted in its entirety and replaced with the following: 6.1 Termination. This Agreement will terminate on November 30, 2017, unless terminated: (a) at the option of either party if the other party materially defaults in the performance or observance of any of its obligations hereunder and fails to remedy the default within thirty (30) days after receiving written notice thereof; or (b) without limiting (a), at the option of Active if Client breaches its payment obligations, provided that the right of termination will be in addition to all other rights and remedies available to the parties for breach or default by the other, or (c) as allowed in Section 23, 2, Full Force and Effect. Except as expressly modified herein, the Agreement remains in full force and effect. All references in the Agreement to "this Agreement," "hereto," "hereof," "hereunder" or words of like Import referring to the Agreement shall mean the Agreement as amended by this Amendment. In the event any of the terms and conditions of the Agreement conflict with the terms and conditions of this Amendment, the terms and conditions of this Amendment shall prevail only as to the subject matter expressly stated herein. 3. Counterparts. This Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document, binding against each of the Parties. To the maximum extent permitted by law or by any applicable governmental authority, this Amendment may be transmitted by facsimile, electronic mail (including pdf) or other transmission method with the same validity as if it were an Ink -signed document and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. IN WITNESS WHEREOF,. the Parties hereto have executed this Amendment as of the Amendment Effective Date, Active Network, LLC City of Santa Ana by its authorized signatory by its authorized signatory 25D-3 Name: 1411a,,s ' fr,vu,rar"'- Name: David Cavazos Title: Title: City Manager / Date: Date: Approved es to Form: Attest: Recommended for Approval: n M. Funk Assistant City Attorney Revised 03!1012014 Maria D. Huizar Clerk of the Cotincil Gerardo Mouet Executive Director, PRCSA 25D-3 ACTIVE netwca* Contact Into: 717 N. Hamood Street Dallas, TX 752.01 United States Phone: 489-251-0300 Option 4 - Fax: 469-533-3940 Questions? Email us at AalissAR&CILIve corn Bill To: CITY OF SANTA ANA Attn: Accounts Payable PO BOX 1988 M-23 SANTA ANA, CA 92702 United States Invoice CITY OF SANTA ANA Cast Invoice Invoice Dato Customer PO# 3610 4100153843 31 -AUG -16 Ship Tor CITY OF SANTA ANA. AM: PO BOX 1988 W23 SANTA ANA, CA 92702 United States Please Pay this Amount: Notes: Yearly installment 1 of 1 Due Date Transaction Type Curr 29 -NOVAS INV -INC COM SOL USD UOM Unit Price Ext Amount Year 6,685.25 6,685.25 Year 4,264,25 4,254.25 Year 182.33 182.33 Year 678.70 678.70 Year 185,38 165.38 Sup -total: 11,865.91 Tax Total: 0.00 Invoice Total; 11,965.91 Balance Due: 11,965,91 Please Remit Check Payment to our Lockbox: Please Remit Wire/ACH Payments to: Active Network, LLC Beneficiary's Bank: JP Morgan Chase, New York NY 10004 26158 Network Place Benellclary's Bank SWIFT BIC: CHASUS33 Chicago, IL 60673-1261 Banefclary's Account Number: 455194881 Beneficiary's Bank Wire Routing Number: 021000021 Beneficiary's Bank ACH Routing Number: 124001545 Beneficiary's Name: Active Network, LLC Beneficiary's Address: 10182 Telesis Court, San Diego, CA 92121 TO PAY BY CREDIT CARD OR ACH, OR TO SET IJP RECURRING PAYMENT, PLEASE CONTACT US AT A I'veARfw cove com. PLEASE BE SURE TO INCLUDE ACTIVES INVOICE NUMBER ON YOUR REMITTANCE 2501-4 Safes Person Sates Order # - Order Type Quote If Terms Mainz Renewal 3C4100003'774 -6 -R29 -AUG -16 90 NET 13:27;19 -R29 -AUG -16 13:27:19 Ln Item # Description Delivery Method Ordered Invoiced Class � Maintenances& Support Renewal - 1 70719MR. Registration (includes Flex Reg) - per 1,00 1.00 workstation: 12/01/2016 -- 11/30/2017: Class- Maintenance & Support Renewal - 2 70721MR Reservations (Includes QulckRez) - per 1.00 1.00 workstation: 12/01/2016 -11/3012017: 3 T0636MR Class - Maintenance & Support Renewal - 1.00 1,00 Crystal Reports: 12/01/2016 -1 1 /3000 17: Class - Maintenance & Support Renewal - 4 70667MR Brochure.link (Desktop Publishing 1.00 1,00Integration) - per server. 12/01/2016 - 11/30/2017:: Class - Maintenance & Support Renewal - 5 70708MR Muldlingual.-Front Desk- par workstation: 1.00 1.,00 1210112016 -- 11/3012017: Please Pay this Amount: Notes: Yearly installment 1 of 1 Due Date Transaction Type Curr 29 -NOVAS INV -INC COM SOL USD UOM Unit Price Ext Amount Year 6,685.25 6,685.25 Year 4,264,25 4,254.25 Year 182.33 182.33 Year 678.70 678.70 Year 185,38 165.38 Sup -total: 11,865.91 Tax Total: 0.00 Invoice Total; 11,965.91 Balance Due: 11,965,91 Please Remit Check Payment to our Lockbox: Please Remit Wire/ACH Payments to: Active Network, LLC Beneficiary's Bank: JP Morgan Chase, New York NY 10004 26158 Network Place Benellclary's Bank SWIFT BIC: CHASUS33 Chicago, IL 60673-1261 Banefclary's Account Number: 455194881 Beneficiary's Bank Wire Routing Number: 021000021 Beneficiary's Bank ACH Routing Number: 124001545 Beneficiary's Name: Active Network, LLC Beneficiary's Address: 10182 Telesis Court, San Diego, CA 92121 TO PAY BY CREDIT CARD OR ACH, OR TO SET IJP RECURRING PAYMENT, PLEASE CONTACT US AT A I'veARfw cove com. PLEASE BE SURE TO INCLUDE ACTIVES INVOICE NUMBER ON YOUR REMITTANCE 2501-4