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HomeMy WebLinkAbout25F - AGMT - REC REG SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 18, 2017 TITLE: AGREEMENT WITH CIVICREC FOR ACTIVITY REGISTRATION AND SITE RESERVATION SOFTWARE {STRATEGIC PLAN NO. 5, 6C} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' 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 an agreement with CivicRec for activity registration and 'site reservation software for the period April 19, 2017 to November 30, 2017, for installation, for a cost of $22,000, which includes a 10% contingency, and a period of three years from December 1, 2017 to November 30, 2020 with two, one -year renewal options, for on -going maintenance and support, for a cost of 1% of transactions with an amount not -to- exceed $15,000 per year for a total amount not -to- exceed $97,000, 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 current system was purchased over 10 years ago at a cost of approximately $69,000, and an average yearly cost of about $10,000 - $11,000 for maintenance and support. This software will be obsolete in December 2017. The continuing demand for these services requires an efficient, reliable system for processing and monitoring, as well as for public convenience. The Parks, Recreation and Community Services Agency (PRCSA) issued a Request for Proposal (RFP) in January 2017. An evaluation committee consisting of three representatives from the PRCSA, one representative from Finance - Treasury and one representative from Information Technology evaluated software options. Four proposals were submitted. The evaluation criteria consisted of: Experience, Understanding, Ease of Use, Implementation, Fee, and Technical Attributes. The results are as follows: 25F -1 Agreement with CivicRec for Activity Registration and Site Reservation Software April 18, 2017 Page 2 Company Score CivicRec 412.0 DashPlatform 401.5 Active Network 375.0 PerfectMind 356.5 PRCSA is requesting to enter into an agreement with CivicRec for $22,000, which includes a 10% contingency for implementation costs. The on -going maintenance and support of the software is based on the number of transactions, with the base percentage per transaction at 1 %. 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 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 years: Accounting Unit FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 PRCSA- Recreation (no. 01113230-62300) $30,750 $15,000 $15,000 $15,000 $15,000 $6,250 Jeannie Jurado Acting Executive Director Parks, Recreation and Community Services Agency Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNT: r Francisco Gutierrez r Executive Director Finance and Management Services Agency 25F -2 CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 19th day of April, 2017, by and between CivicPlus, Inc., a Kansas corporation (hereinafter "Consultant "), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City "). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of activity registration and site reservation software including maintenance and support (CivicRec). B. Consultant represents that Consultant is able and willing to provide such services to the City. C. in undertaking the performance of this Agreement, Consultant represents that it is.knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Consultant shall perform those services as set forth in its Proposal, attached hereto and incorporated herein as Exhibit A to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in the Pricing Schedule attached hereto and incorporated herein as Exhibit B. The total sum to be expended under this Agreement for installation (from April 19, 2017 through November 30, 2017) shall not exceed $22,000 which includes a 10% contingency. b. Thereafter, from December 1, 2017 through November 30, 2020 (plus any renewal periods) Compensation shall be at a cost of 1% per net transaction with an amount not to exceed $15,000 per year ( "Cap ") for on -going maintenance and support. The total amount for the entire Agreement Term including the renewal options shall not exceed $97,000. C. City shall notify Consultant in writing when ninety percent (90 %) of the Cap has been reached at any time during the Term of this Agreement. It is agreed that upon reaching the ninety percent (90 %) threshold mentioned above, the Parties shall meet to discuss amending the Agreement to increase the Cap in order to cover the services for the 25F -3 remaining Term of the Agreement. If no agreement can be reached between the parties regarding an amended Cap prior to provision of services with an aggregate value equal to the Cap, then this Agreement may be terminated upon written notice. d. Payment by City shall be made within forty -five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and terminate on November 30, 2020, with two (2) additional one -year renewal options exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer- employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. S. OWNERSHIP OF MATERIALS This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall 25F -4 maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Consultant shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 25F -5 If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, Its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described In section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to Its representation in any legal proceeding. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, Its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs Incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to 25F -6 this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and /or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written Information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M -30) P.O. Box 1988 Santa Ana, CA 92702 -1988 Fax(714)647 -6956 Copies to: Executive Director — Parks & Recreation Services Agency City of Santa Ana 20 Civic Center Plaza (M -23) P.O. Box 1988 Santa Ana, California 92702 Phone (714) 647 -4220 25F -7 EEO City Attorney City of Santa Ana 20 Civic Center Plaza (M -29) P.C. Box 1988 Santa Ana, California 92702 Fax 714- 647 -6515 Consultant: CivicPlus, Inc. 302 South 4t' Street, Suite 500 Manhattan, Kansas 66502 Fax (785) 587 -8951 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above, If sent by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City 25F -8 shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, In the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. INTELLECTUAL PROPERTY AND OWNERSHIP Intellectual Property of any software or other original works created by Consultant prior to the execution of this Agreement ( "Consultant Property ") will remain the property of Consultant. City shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any Consultant Property in any way; (ii) modify or make derivative works based upon any Consultant Property; (iii) "Frame" or "mirror" any Consultant Property administrative access on any other server or wireless or Internet -based device; or (iv) reverse engineer 25F -9 or access any Consultant Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any Consultant Property, or (c) copy any ideas, features, functions or graphics of any Consultant Property. 20. MISCELLANEOUS PROVISIONS Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. (Signatures on Following Page} 25F -10 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: i LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA GERARDO MOUET Acting City Manager CONSULTANT JEANNIE JURARDO BY: Acting Executive Director TITLE: Parks & Recreation Services Agency Tax ID# 25F -11 EXHIBIT A PROPOSAL / SCOPE OF SERVICES 25F -12 _"r h a�5 Executive Summary LE We realize this is a competitive situation and ask that you keep the following points in mind as you evaluate potential technology vendors: ■ CivicRec is a fully mature product; it is not a "framework" or "toolkit" or "vaporware ". ■ We do not believe any of our competitors can match the nimble, modern, and affordable solution that is CivicRec. Review sites like Capterra.com are a good testament to this. ■ We have a track record of not only supporting our product, but also evolving it, so it consistently stays at the forefront of design, usability, and capability. Please compare the CivicRec solution it to other products out there so you get a sense of not only what it does, but also how it feels. _ .............. ................._.........,... ..................,...,..._...............,_,..,.......... ................ ....... .._..... ■ Our solution is specifically developed for parks and recreation. CivicRec is not a product that has been adapted from some other industry, _..._ .............._..... ................_ ................................ .................,...................... ............._.,..........._... ■ We will work with you closely to ensure your implementation meets Santa Ana's business requirements. ■ In order to keep our products fresh, CivicRec encourages our clients to submit product enhancement requests through an online ticket tracking system. We regularly accept and incorporate client feedback, which benefits our entire user base at no cost. ■ All modules are available to all clients all the time at no additional cost. _....,.....,._ ......................._.. , .............. ........ ...... ._ _..... ........ ® All software updates (product enhancements) are available to all clients at no additional cost. You will always have brand new software! CivicRec software is ready for immediate use by our clients. In addition, multiple product enhancements are released every year to continually develop and improve the product as a top priority. We want both our customers, and our customers' customers (the public), to experience a product that feels clean, is powerful, is actively managed, and is well- supported. q 25F -14 Proposal Clients and Experience EXPERIENCE AND CAPABILITY m CivicRec is a fully mature product with hundreds of implementations at departments of all sizes. a CivicRec is not a product that has been adapted from some other industry. Parks and recreation has been our sole focus for the past ten years, and we have implemented hundreds of best practice product suggestions from the parks and recreation user community. n Our solution is web - based, hosted, and PCI cornpliant. • There is nothing for the City to install - no software or hardware. • Our implementations are fast ( -12 weeks but can be accelerated, if desired). • Our pricing model is very simple, and we do not charge extra fees for support or maintenance. • We provide a monthly release. Our solution is an SaaS solution and there are no additional upgrade fees. All software updates are available to all clients, every month. The City will always have brand new software! CALIFORNIA CLIEN'f5 • Big Bear Valley Recreation and Park District, Big Bear Lake • City Of Alhambra - Community Services Department • City of Anaheim • City of Arcadia • City of Beverly Hills • City of Cyprus • City of Kerman Recreation & Community Services • City of La Mirada Community Services • City of Laguna Beach • City of Lake Elsinore • City of Martinez, Martinez • City of Ontario Recreation & Community Services • City of Pittsburg • City of Porterville Parks & Leisure Services • City of Santa Clarita • City of Temecula • Crafton Hills College, Yucaipa 12 • Del Norte County Recreation, Crescent City • Easton Archery Center of Excellence, Chula Vista • Easton Van Nuys Archery Center, Van Nuys • Elings Park, Santa Barbara • Joshua Tree Recreation and Park District • Kensington Community Council • LA Mavericks, Agoura Hills • Monterey Peninsula Regional Park District, Monterey • Mountain House Community Services District • Rim Of The World Recreation and Park District, Rimforest • Sacramento County Regional Parks • Tehachapi Valley Recreation and Park District • Town of Moraga • Tuolumne County Recreation Department, Sonora • Union City • Valley Wide Recreation & Park District, San Jacinto • Wasco Recreation and Parks District 25F -16 Company Overview CivicPlus' focus to help local governments work better and engage their citizens through their web environment began In 1994 in Manhattan, Kansas by the Owner, Ward Morgan. Icon Enterprises d /b /a CivicPlus became a Kansas Corporation in 1998 and we are still headquartered in this vibrant university town where our team of over 200 professionals develop and deliver superior web technology, human resources efficiency and emergency mass notification solutions for our clients. We've steadily grown over the last 20+ years and have honed our skills working with municipal organizations across the US and Canada - helping them streamline their daily work and better inform and connect their communities. CivicRec, a CIVICPILIS company, has 10+ years of experience and is designed specifically to meet the needs of municipal parks and recreation departments. CivicRec strives to provide recreation departments and their customers (the public) with a modern, intuitive interface that is powerful, well - managed, and actively supported. Our parks and recreation software has been implemented using hundreds of best practice product suggestions from numerous districts and departments from across the country. Ultimately, CivicPlus is a company that's about amazing people doing amazing things. CivicPlus continues to implement new technologies and services to maintain the highest standards of excellence and efficiency for our clients, their 55,000+ internal users and the 60 million online visitors (and counting!). CivicPlus also offers solutions to meet your website, human resources and mass notification needs. COMPANY & CONTACT INFORMATION Will Spicer Contact Information Sr Regional Sales Manager Primary Office spicer@civlcplus.com Direct Line 785 -323 -4772 Legal Name CivicPlus, Inc. Company Founder Incorporated In State of Kansas Date Incorporated Company Website www.CivicPlus.com Purchasing Vehicles 14 25F -17 302 S. 4th Street, Suite 500 Manhattan, KS 66502 Toll Free 888 - 228 -2233 Fax 785 -587 -8951 Ward Morgan, Owner / Chairman of the Board June 1998 GSA Contract R GS- 35F -0124U TIPS /TAPS Contract 8 2092613 CMAS Contract # 3- 13- 70 -2966A Interlocal Purchasing Organization Chart Ca The proposed services will fit seamlessly into our time - tested development and support processes. As a company that focuses solely on providing goverment entities with web solutions, we know we can provide the Agency with the recreation management system you are looking for. 15 25F -18 Tim Grant Director of Sales Mark Friesen Director of Marketing L-U Landon Schenck — General Manager of CivicRec Landon has over 20 years of software development experience, including developing the CivicRec software from the ground up. Landon manages CivicRec product strategy and overall vision for CivicRec and also continues to personally engage with larger customers during their implementation process. Education Resume BBA Management Information Software Developer Systems General Manager of Recreation Software 20+ Years of Experience IT Consulting Product Design & Developement Custom Software Development Adam [clock — Manager of Project Administration Adam leads our project management team. This team oversees inter - departmental and client interactions assuring that your project will be developed in a timely manner by professional website experts. Education BS Business Administration Management Economics Resume Lead Project Manager Financial Services S+ Years of Experience Project Management Business Management Team Building Customer Service Amanda Felber - Assistant Manager of Content Development Our expert content developers' goal is to migrate and arrange content for usability that exceeds the expectations of citizens and local government. Amanda's content development team strives to deliver a website on schedule that is easily understood, ADA compliant for Section 508 and WCAG Level A & AA, and can be efficiently maintained. Education Resume 7+ Years of Experience BA in Psychology Content Developer II Customer Service Minor in Writing Lead Content Developer Team Building Coursework in Editing, Business, Leadership Coaching and HTML WCAG /ADA Compliance Web Best Practices for Usability Jim Flynn — Chief Systems Architect Jim coordinates and manages our in- house experts on the technical aspects of your project development. Jim also leads our hosting and security services to ensure your systemis safe, maintained, and remains updated. Education Resume 18+ Years of Experience BA Computer Information System Architect Cyber Security Systems Information Technology Director Network Infrastructure System and Software Architecture Jim Steffensmeier— Manager of Training and Consulting From consulting services to content development to technical specifications, our consulting and training department will assist you in developing the right message in the right way by the right team. He will coordinate his team of professionals to deliver the consulting and training services you need to achieve success. Education Resume 10+ Years of Experience MA in Education /Adult Education Training Customer Service & Training Consulting Best Practices & Website BS in Psychology Optimization AA In Business Management US Army Veteran IV 25F -19 CivicRee RMS Recreation Management Software CivicRec understands the City of Santa Ana is seeking a fully hosted RMS to provide your staff and customers with the greatest service in the industry. The City wants to provide its citizens with excellent customer service both in person and online with the use of a RMS that controls daily recreation program administration and registration, facility and field reservations, and payment processing and reporting. We will provide Santa Ana with an integrated web - based, hosted application recreation management system that is comprehensive, efficient, and modern. In addition, CivicRec, is fully scalable to allow for future growth and is easily deployed to all functional areas of the City of Santa Ana. Activity Registration Modules ACTIVITY REGISTRATION Quickly create programs, indicate flexible pricing, attach waivers and prompts, and assign instructors. Then, easily take registrations in -house or allow your public to register on the device of their choice, including mobile. Our software utilizes load balanced servers and can be scaled to accommodate any volume. a Register multiple household members at once a Resident /non- resident determination ■ Merchant account integration w Branded receipts * Receipts and permits emaiked after checkout ■ In -house Staff (with permissions) can alter fees, pro -rate, and leave balances n In -house payments can be spread across multiple payment types Registrations accepted securely through the web c Online registration page styled to match department website • Social networking integration • Pay balances online 19 25F -21 M Site Reservation FACILITY RESERVATIONS All facility functions in CivicRec are completely integrated. Generate and email complex permits, schedule programs, take in -house and online reservations, and schedule leagues and meetings... all without fear of double bookings! Grid views and map based bookings also make campsite reservations a breeze. • A master calendar gives client staff a quick and easy way to view facility availability • Rentals or admin reservations • Reservations for scheduled activities such as head -to -head league games • Waivers, prompts, and forms • Recurring bookings • Quickly adjust rentals R, • Easy refundable deposit tracking k a 20 25F -22 Financial Reporting/ Financial Interface FINANCIAL REPORTING /ACCOUNTING Syste m c, CivicRec has a very powerful reporting engine. There are dozens of standard reports in CivicRec. However, staff can basically take any report and customize it to their liking. Filters can be added and /or removed. Fields can be added and /or removed. Reports can be sorted, saved, emailed, exported, or scheduled for regular delivery to any email address. CivicRec will gladly take any reasonable reporting request from the City and ensure that it is made available as requested. • Over 100 canned reports • Completely customizable filters and report fields • Export to Excel • Quick email capabilities for displayed reports • Custom report saving for future use • Scheduled reports for email delivery to any email address at any time FINANCIAL SYSTEM INTERFACE We can produce an extract that adheres to Tyler's Eden import specification, which should allow you to import the file directly into Tyler. We can also configure the extract to be called via web service in the event the City of Santa Ana wants to script an automatic import process. 21 25F -23 Online Registration and Payments CP ONLINE ACTIVITY REGISTRATION CivicRec strives to have the most user - friendly registration experience on the market. Our pricing model (transaction based) demands that we do! e Registrations accepted securely through the web • Registration page styled to match department website • Register multiple household members at once • Social networking integration • Pay balances online • Present users with waivers and prompts • Merchant account integration • Branded receipts • Receipts and permits emailed after checkout POIN'r OF SALE CivicRec's Point -of -Sale screen makes it easy for staff to quickly sell merchandise, enroll participants, and reserve facilities — all in the same cart! It even plugs right in with your cash drawers, barcode readers, receipt printers, and credit card readers. Integrated inventory control will tell you how many of each item are available at each of your locations. • Manage product categories • Flexible pricing • Touch screen friendly r Cash drawer and receipt printer interface * Inventory management (on roadmap) ® Single checkout experience with program registrations and facility rentals WA • Multi -level tax support • Tax can be included in the price or tacked onto total 4 Inventory management 25F -24 Additional Functionality MOBILE FOR YOUR PUBLIC AND YOUR STAFF When users register through CivicRec, they get the same great experience on their phone /tablet that they're used to experiencing on their desktops. The mobile experience supports all the same waivers, prompts, discounts, and add -ons that the desktop version does. We always try to adhere to industry standards to ensure access by all customer populations. • Mobile Responsive • No annoying app update or installation • Social networking integration • OR Code Support 23 25F -25 Credit Card Processing CP MERCHANT OPTIONS / CREDIT CARD PROCESSING CivicRec has multiple credit card processing options. The City may elect to have CivicRec serve as the merchant of record for credit card processing. Santa Ana may elect to use its own merchant account, in which case, CivicRec can be integrated. If the City desires its own merchant account, but needs to shop for a new one, CivicRec can provide a reference to our well- regarded processing partner. 24 25F -26 Project Schedule Schedule Provided is an illustrative development timeline for the City of Santa Ana. Our average implementation timeframe is 12 weeks. If the City has implementation, training, or integration needs that require a longer timeframe, we're happy to adjust accordingly. No two customers have the exact same schedule. Factors like "all -in" versus a "scaled rollout" approach, not to mention Santa Ana's own scheduling needs, will factor into the final implementation schedule. Interface /Data Requirements Gathering Module Configuration /Basic Account Setup Integration Development End User Training System Testing /Issue Resolution Go Live i CivicRec can begin Project Initiation as soon as contract signature is complete. The start date is driven by the City's preference, and we can add specific dates to our 12 -week project plan when the City of Santa Ana confirms a start date. A CivicRec implementation is not complicated with our comprehensive base products and minimal customization requests. We can accommodate more advanced customization requests, but such requests may extend your implementation schedule. 27 25F -28 Project Approach APPROACH A Project Manager will be assigned to the City to ensure that milestones are met, staff are trained, issues /considerations are addressed, and that Santa Ana has a painless startup process. CivicRec implementations are typicaly straightforward. However, if a client wishes to incorporate custorizations prior to initial launch, your Project Manager will be there to help you at any point. Please note that customizations may extend the implementation timeline. A Solution Consultant will be available to work with the City of Santa Ana on implementation activities. Your Solution Consultant will drive the end -to -end implementation process and will conduct training both for lead staff and frontline staff. A detailed Project Plan will be utilized by your Solution Consultant to facilitate project activities and track milestones. The Project Plan will outline the type of activity, the purpose of the activity, the resources required for the activity, and any associated documents specific to the activity. EXAMPLE PROJECT PLAN The following Project Plan for the Kick -off Phase is provided as a sample. We will be able to disclose a complete and more detailed project plan upon selection as a finalist. ACTIVITY PURPOSE RESOURCES DOCUMENTS Task Communicate tasks necessary in preparation for Kick -off Meeting/ a Introduce Project Teams Call a Define Roles m Review Statement of Work Meeting/ m Review Draft Project Timeline Call N Establish Onsite Training Dates 28 25F -29 CivicRec PM CivicRec: Kick -off Checklist CivicRec PM Client PM CivicRec PM CivicRec: Project Client PM Plan Project Approach DATA MIGRATION At the City of Santa Ana's request, CivicRec can convert content from the City's current database, including accounts with credits, accounts with balances, future bookings, and active memberships. We have a number of custom developed scripts and libraries that we leverage for data imports. The amount of effort is dependent upon the type of data (e.g., user data imports are typically straightforward, yet historical transactions are often time consuming to import). After a more detailed discussion with the City, we can recommend options for extracting and saving data from Santa Ana's current database. INTEGRATION DEVELOPMENT There are several integration capabilities that the City may choose to leverage: a CivicRec can provide integration to Santa Ana's selected payment gateway (for credit card processing). Additionally, we can also produce a GL extract compatible with the City's financial system. We have interfaced with a number of different systems and are confident that we can produce a file compatible with yours. ® Finally, the City of Santa Ana may opt to have CivicRec integrate with its GIS system for purposes of local resident determination. TRAINING PLAN We recommend a train- the -user approach in most cases with hands -on training for participants. Users learn the system much more quickly when they're entering actual data during the training sessions. CivicRec offers limited remote training as well as onsite training. Remote training is typically better suited to smaller or seasonal groups...or maybe as a refresher session to larger groups. Groups with diverse operations and large numbers of employees, such as the City of Santa Ana, would be better suited for onsite training. Two days of on -site training conducted over one trip to Santa Ana is estimated for this project. The specific training plan will be customized to meet your specific needs. We typically break training up by our modules (Registration, POS, Rentals, Reporting, etc.). Sometimes a client may instead ask for training according to job role, which can easily be done. Classes with more than 20 users tend to lose their effectiveness. We will also make sure any of your last minute questions are answered before Go Live. Note: We do not offer system administrator training as that is handled by CivicRec as part of our service. 29 25F -30 SYSTEM TESTING /ISSUE RESOLUTION CivicRec is ready to go off - the - shelf. In some situations, our clients have asked for either software enhancements or for Custom code specific to their needs. If customizations are requested (note: an additional fee may apply), then we will work with you to fully understand your requirements prior to beginning work. If the City wishes to test the custom code changes, then we will provide a testing environment in which you can review the new functionality and provide sign -off prior to moving the code to production. TRANSITION TO PRODUCTION During the 12 -week implementation period, Santa Ana and CivicRec will work together to import and/ or configure production data, develop and test integration to third party systems, and complete system training with your lead and frontline staff. The City will also have begun your marketing promotion for the new site and online registration. During Week 12, CivicRec will complete a final data import (if required) and Santa Ana will ensure the site is fully configured and ready for launch. Once the City has indicated a Go for launch, you will place a new link on your site which will redirect your customers to CivicRec. During this time, CivicRec is available to be on site with you or can be available remotely for immediate assistance should the City of Santa Ana desire. 30 25F -31 Pricing Overview To clarify our pricing, we offer the following overview of our cost structure. PRICING MODEL CivicRec utilizes a transaction -based pricing model of 1% per net transaction. Customers are invoiced at the end of each month for the prior month's net transactions. If desired, CivicRec can also consider alternate pricing structures. The City of Santa Ana may prefer to negotiate an annual fixed fee that approximates 1% of riot annual transactions. Or, the City may prefer fixed monthly payments or may prefer to establish a cost structure where fees are passed along to end users in the form of Convenience Fees, LICENSES /USERS All customers on the CivicRec system receive the entire system with no licenses to purchase or update. CivicRec does not price per -user. There is no price increase or limit to concurrent users. MERCHANT PROCESSING Customers do have the option of using their own merchant account if they choose. For departments that do not have an existing merchant account, there is an option for CivicRec to collect and disburse all credit card monies. A Percentage + Transaction Fee (3 %+ $0.30 per transaction) applies. This fee is assessed separately from the software fee of 1 %. Convenience fee options are also available for passing along merchant fees. PROFESSIONAL SERVICES INVOICING Professional services are invoiced separately from Software /Merchant invoices. Santa Ana will not owe any money for solicited services until the services are certified to have been completed in full. INVOICING Unless contracted otherwise, CivicRec invoices on a monthly basis. On the first of each month, CivicRec will initiate an electronic invoice that includes Software Fees (based on the prior month's Net Revenue) and also Merchant Fees (if applicable). Standard payment terms are Net 30. HARDWARE CivicRec does not sell hardware but will happily work with the City of Santa Ana to identify and procure hardware that is known to be compatible with the CivicRec system. 36 25F -32 Technical Attributes CP Is your product offered as a hosted or on- premise solution? CivicRec is cloud -based and utilizes a transaction -based pricing model. There are no minimum requirements to run CivicRec. It's cloud -based and simply requires a reasonably modern PC with internet access. We recommend running it on a high speed internet connection. Will the City own a perpetual license to the software? Yes. During the lifetime of the contract, CivicRec will handle all server -side maintenance, backups, replication, PCI compliance, fixes, patches, and software upgrades. All maintenance, hosting, and product upgrades are included at no additional cost beyond the net transaction fee per month. Will the City own and have direct access to the database? Yes. Does your firm provide the ability to export the database for the City to archive locally? Yes. Does your product have pre -built API's for integration with other systems? Yes. Does your firm provide development, testing, and production environments? Yes. We would like to offer the City of Santa Ana the opportunity to access a CivicRec sandbox environment so the City can trial the product during the software evaluation process. The sandbox will mirror the production environment and will include all CivicRec capabilities. It's important that the City understand exactly what you're getting prior to signing up. We can also offer the assistance of a CivicRec Solution Consultant during this period to ensure you are getting the most out of the sandbox. How are updates and patched applied to the system? CivicRec currently utilizes a monthly release schedule. The City of Santa Ana can expect to receive an average of one new feature per month. We also try to release a new major module quarterly. If bugs are identified, those are "hotfixed" into production and do not await our standard release dates. What are yopur support levels and hours? CivicRec has formalized support procedures that involve the following Tiers: Tier 1: Simple usability issues and 'How do T questions Tier 2: Complex functional questions Tier 3: Technical issues During regular support hours, we try to have at least six resources available across all tiers. Staff range in experience from 1 to 5 years of supporting the CivicRec product. There is an escalation procedure that is followed by all staff from the initial reception of the issue to its successful resolution. Communication is maintained with the Client throughout the process. 38 25F -33 Technical Attributes Ca Does your product support Active Directory/ LDAP integration for single sign-on? CivicRec is currently developing Active Directory integration. This feature will be made available to the City once it is released. Professional service fees may apply for Active Directory implementation. Does your system provide SSL encryption? Yes. An SSL cerfiticate can be provided if needed. Does your product support a browser -based client? Yes. Does your system support the leatest versions of Microsoft Internet Explorer, Microsoft Edge, Google Chrom, Firefox, and Apple Safari? Yes. Does your system require and browser plug -ins? No. Does your system utilize HTML5? Yes. Does your system's user interface provide a responsive design for adjusted layouts on mobile devices? Yes. 39 25F -34 Technical Support CP Support CivicRec is an internet- based; fully hosted software solution. We will handle all of the server -side maintenance, backups, replication, PCI compliance, fixes, patches, and software upgrades. All maintenance, hosting, and product upgrades are included at no additional cost within the net transaction fee per month. CivicRec processes standard support requests from 9am -6pm Eastern, Monday- Friday (excluding holidays). Emergency support is offered 24/7. A toll free number will be provided to you upon contract signing at no cost. We also offer an online support system for users to submit software issues or requested enhancements. For emergencies, users may either call CivicRec or enter an emergency ticket into the system. Emergency tickets include any CivicRec issue that is causing a disruption to your ability to use our system (Le., the website is down). These issues are addressed immediately. Additionally, CivicRec is available to be on site with you when needed (travel expenses may be incurred). CivicRec also maintains a product Knowledge Base where users can review articles and can get tips on best practices. The Knowledge Base is also where we store Release Notes and PCI certificates. 41 25F -36 Features & Functionality Hardware The City may opt for a variety of hardware peripherals to enhance the CivicRec experience. CivicRec can be integrated with magnetic stripe readers, barcode readers, thermal printers, cash drawers and more. While CivicRec does not provide this hardware, we are happy to assist with procurement and implementation. Release / Upgrade Schedule CivicRec currently utilizes a monthly release schedule. The City of Santa Ana can expect to receive an average of one new feature per month. We also try to release a new major module quarterly. If bugs are identified, those are "hotfixed" into production and do not await our standard release dates. CivicRec is an SaaS solution and all customers are on the same code base. Product enhancements are provided on an ongoing basis to our clients at no additional charge. Many, if not most, of these enhancements originated from a customer enhancement request that was applied to base product and made available to all CivicRec customers. System changes are communicated via our website (users will see a notice upon login). For major changes that may require additional staff training (e.g., a brand new module is being released), we will notify the City in advance and schedule the rollout with you as appropriate, We base our roadmap on requests from our customers as well as on our own internal product goals, We maintain a roadmap request system that allows for customers to request changes and to up /down vote ideas that are under consideration, PCI Compliance For credit card security, CivicRec maintains PCI compliance through an Approved Scanning Vendor (ControIscan). We are scanned monthly and provided a quarterly certificate of compliance. Our customers are provided a copy of that certificate for use in their own PCI Compliance, We also try - when possible - to take CivicRec (and you) completely out of PCI scope by leveraging "hosted" payment pages when available. Many payment gateways have payment forms that can be embedded within CivicRec (or that the browser can be redirected to) that ensure card data never touches the CivicRec servers. Instead, the card data is Keyed directly into the payment gateway's form, and CivicRec simply receives a notification that the payment was successfully made. 42 25F -37 Hosting & Security Ca Data Center /Security CivicRec utilizes industry standards, insurance requirements, and PCI requirements to ensure that CivicRec is only accessed in the manner it's intended to be accessed and by people who are authorized to do so. Methods include: • Physical security at our Tier I data centers (Codero, TeIX, and Rackspace) • Server firewalls • Anti -virus scanning • IP logging and filtering • Application security monitoring All data centers provide a network operation center with 24/7/365 monitoring of the data center environment, system availability, and performance. The data centers are SSAE 16 compliant. For user security, the CivicRec will assist Santa Ana in configuring user levels and assigning users to those groups. Thousands of permissions can then be configured on a group by group basis. Most permissions apply on individual pages, but some also apply to specific functions within a page (buttons, fields, etc). CivicRec will guide the City through this process as part of Training & Implementation. Disaster Recovery /Redundancy CivicRec has policies and procedures in place to ensure continuity and disaster recovery. We utilize local, replicated servers to ensure that copies of data, software, and files are always available and up to date. These servers can be rolled over in the event of hardware failure or other local issues. In addition, we have a multi -times per day process that encrypts backups and sends them offsite for purposes of disaster recovery. This process ensures that we can reconstitute our entire product and underlying data structure with limited downtime and loss of data ... even in the event of catastrophe. Data Backup and Archive The City of Santa Ana can export data as needed in the standard reporting tool. If the City has elevated data retention requirements, CivicRec can have a scoping session with Santa Ana to address those. Professional Services fees may apply to custom configurations /capabilities. 43 25F -38 Features & Functionality MEMBERSHIP MANAGEMENT Customer Management in CivicRec is particularly easy. Associate photos and avatars with users for use on membership cards and system profiles. Staff can see a history of all of the account's transactions. Leave credit /debit cards on file for future and LEAGUE MANAGEMENT recurring payments. Perform other functions like sending invoices, merging accounts, and more. Easily sell memberships and punch cards, take photos of members, print cards or associate barcode key tags, and check people into a facility. CivicRec will even help you auto -bill your members to ensure everyone stays paid and current. Athletics staff can easily create leagues, draft players, assess skills, and generate schedules. Public facing "Scores and Schedules" pages can be linked to directly from your website so that your public always has up to date information about their leagues. We are continuing to evolve these tools including an exciting "Parent /Player Portal" that will make it even easier for participants to follow their leagues. • Team or individual signup • Assessments • Auto - scheduling with drag - and -drop adjustments • Drag - and -drop drafting • Enter in game results • Schedules, scores, and standings available by link from your website 44 25F -39 OLWA 316« ri LEAGUE MANAGEMENT recurring payments. Perform other functions like sending invoices, merging accounts, and more. Easily sell memberships and punch cards, take photos of members, print cards or associate barcode key tags, and check people into a facility. CivicRec will even help you auto -bill your members to ensure everyone stays paid and current. Athletics staff can easily create leagues, draft players, assess skills, and generate schedules. Public facing "Scores and Schedules" pages can be linked to directly from your website so that your public always has up to date information about their leagues. We are continuing to evolve these tools including an exciting "Parent /Player Portal" that will make it even easier for participants to follow their leagues. • Team or individual signup • Assessments • Auto - scheduling with drag - and -drop adjustments • Drag - and -drop drafting • Enter in game results • Schedules, scores, and standings available by link from your website 44 25F -39 Features & Functionality CP TICKETING Easily generate tickets for events either through our desktop or our mobile experience. Public users receive additional pages, along with their receipt, that contain their tickets. Those tickets can then be printed and scanned into our mobile check -in or desktop check -in screens. Public users may also prefer to simply show the ticket code on their phone display instead of printing. EMAIUSMS BLASTS There are several links within CivicRec that allow for mail blasts. Many of our reports and roster views allow for mass mailings with just the click of a button. The People Finder report is a particularly handy report that allows for mailings based on several different filters. SMS messaging has recently been introduced to facilitate those particularly time - sensitive notifications like cancellations. SURVEYS Participants will automatically receive post- program surveys requesting feedback on your programs, organization, instructors, and processes. This information is captured and is presented back to staff to assist in determining how well the City of Santa Ana programming is being received. n.s 25F -40 F;Oinn PRICING SCHEDULE 25F -41 IMPLEMENTATION Task Description EXIBIT 13 PRICING SCHEDULE Estimated Hours Cost Project Management 40 $4000 On -Site Training 1, 2 day Session $4000 Travel Costs Included System Integration 40 $4000 Data Migration 40 $4000 Total Implementation $16,000 (Hours may be adjusted from one task to another) ADD -ON SERVICES On Site Visits (Travel Costs Incl.) $1,500 Per Day /Two Day Minimum Add'I Days to Same Visit (Travel Costs Incl.) $1,300 Per Day Remote Service $100 Per Hour Credit Card - Orbital Pmt. Gateway Integration $1,000 One -Time Cost TRANSACTION FEES Maintenance I% per net transaction fee All software support and maintenance is included within the 1 % per net transaction fee. (Please note that credit card processing is not Included.) The 1% yearly fee is Inclusive of all maintenance, support, backups, product upgrades, etc. OptionalOngoin la tams Only if CivicRec Is used as merchant provider Credit Card Fees (3% + $0,30 Per Transaction) 25F -42 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # Issued to this endorsement form as a part of Named Insured 25F -43 Countersigned by Authorized Representative 25F -44