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HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-070 Purchase of SeeClickFix from CivicPlusTemp. Reso. #13789 July 13, 2022 Page 1 of 4 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2022 - 07O A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING THE PURCHASE OF SEECLICKFIX CITIZEN RELATIONSHIP MANAGEMENT (CRM) SERVICES/SUBSCRIPTION FROM CIVICPLUS THE SOLE SOURCE PROVIDER OF THE SERVICES/SUBSCRIPTION, AT A COST OF $22,500 PER YEAR; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE ASSOCIATED CONTRACT DOCUMENTS; AUTHORIZING EXPENDITURES FROM THE APPROPRIATE ACCOUNTS; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO APPROVE RENEWAL OPTIONS; AUTHORIZING BUDGET AMENDMENTS FOR PROPER ACCOUNTING PURPOSES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac ("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, technology is one of the key components in the efficient delivery of City services, and the City's enterprise software applications are critical to ensuring continued operations; and Temp. Reso. #13789 July 13, 2022 Page 2 of 4 WHEREAS, the City utilizes a Citizen Relationship Management (CRM) software solution, otherwise known as Citizen Request Tracking (CRT) software, which empowers a government to respond to citizen requests and questions quickly and accurately; and WHEREAS, the City desires to discontinue use of its current Citizen Relationship Management (CRM) software solution — MyCivic — , and replace it with CivicPlus' SeeClickFix CRM software solution; and WHEREAS, the proposed CivicPlus SeeClickFix Citizen Relationship Management (CRM) services/subscription, is an annual contract, with automatic renewals, allowing for ninety (90) days' notice of cancellation, at a cost of $22,500 per year; and WHEREAS, the City anticipates renewing annually; and WHEREAS, funding is available in the Information Technology operating account for said purposes, and has been and will be requested in future budgets for contract renewals; and WHEREAS, SeeClickFix is only available for purchase directly through CivicPlus, and it is necessary to complete this purchase as a sole source transaction; and WHEREAS, the Purchasing and Contracts Manager determined that this purchase meets the sole source requirements under the City Code 6-148, Paragraph B; and WHEREAS, pricing for SeeClickFix, however, is also based on The Interlocal Purchasing System (TIPS) Contract # 190701- and WHEREAS, the Interim Director of Information Technology recommends approval and purchase of SeeClickFix Citizen services/subscription from CivicPlus; and Relationship Management (CRM) Temp. Reso. #13789 July 13, 2022 Page 3 of 4 WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best interests of the business owners, residents, and citizens of the City of Tamarac to approve, and authorize the appropriate City Officials to execute all documents necessary to purchase and effectuate the CivicPlus SeeClickFix Citizen Relationship Management (CRM) services/subscription, including renewal options. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: Section 1: Section 1: The foregoing recitals are true and correct and hereby adopted as the legislative and administrative findings of the City Commission; all exhibits attached hereto are incorporated herein and made a specific part of this Resolution. Section 2: The City Commission approves the purchase of SeeClickFix Citizen Relationship Management (CRM) services/subscription from CivicPlus, the sole source provider for the services/subscription, at a cost of $22,500 per year, authorizes the appropriate City Officials to execute all necessary documents to effectuate the CivicPlus SeeClickFix Citizen Relationship Management (CRM) services/subscription, including the CivicPlus Quote / Statement of Work, attached herein as Exhibit 1; authorizes the appropriate City Officials to execute a Purchase Order for the purchase of the CivicPlus SeeClickFix Citizen Relationship Management (CRM) services/subscription; and authorizes the appropriate City Officials to approve subsequent renewal options. Section 3: Funding is available for the purchase of SeeClickFix Citizen Relationship Management (CRM) services/subscription from CivicPlus from the appropriate accounts at a total cost of $22,500 per year. Temp. Reso. #13789 July 13, 2022 Page 4 of 4 Section 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 5: If any clause, section, other part, or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this 131h day of July 2022. ATTEST: r KIMBERLY DILLON, CMC ACTING CITY CLERK /IX�"' vA MICF4ELLE J. GOM MAYOR RECORD OF COMMISSION VOTE MAYOR GOMEZ: DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AN6 RELIANCE 00 THE CITY OF TAMARAC ONLY. J N R. RIN, JR. C ATTORNEY P CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 us Client: Tamarac FL - SCF Quote #: Date: Expires On: Product: Bill To: Tamarac FL - SCF Q-24174-1 4/6/2022 9:47 AM 7/31 /2022 SeeClickFix SALESPERSON Phone I EMAIL I DELIVERY METHOD PAYMENT METHOD Mike Nicholson x I michael.nicholson@civicplus.com I Net 30 SeeClickFix - Statement of Work Product Name DESCRIPTION QTY SeeClickFix Pro Unlimited gov user licenses for citizen relationship management 1.00 with service request and work order management and a multi- channel communications inbox. SeeClickFix Year 1 Annual Fee Year 1 Annual Fee Discount 1.00 Discount SeeClickFix Connector for Lucity SeeClickFix-hosted integration with Lucity (CentralSquare 1.00 Technologies). Requires Lucity Citizen Portal REST API. SeeClickFix Year 1 Annual Fee Year 1 Annual Fee Discount 1.00 Discount SeeClickFix Connector for TRAKiT SeeClickFix-hosted integration with TRAKiT (CentralSquare 1.00 Technologies) CRM module. Requires iTRAKiT API. SeeClickFix Year 1 Annual Fee Year 1 Annual Fee Discount 1.00 Discount Request Import Import of up to 25,000 requests, includes one batch import to 1.00 resolve errors, a second import on test environment, and a final import in production. Data must adhere to SCF specifications. Additional batch imports after these 3 will incur additional cost. SeeClickFix Virtual Training SeeClickFix Virtual Training 1.00 Total Investment - Year 1 USD 22,500.00 _ Annual Recurring Costs - Year 2 USD 20,000.00 `Annual Recurring Costs are subject to 3% annual technology uplift beginning in year 4 of service. Total Days of Quote:573 1. This Statement of Work ("SOW') shall be subject to the terms and conditions of the CivicPlus Master Services Agreement located at https://www.civicplus.com/master-services-agreement ("MSK), to which this SOW is hereby attached as the SeeClickFix Statement of Work, and The Interlocal Purchasing System Contract # 190701. By signing this SOW, Client expressly agrees to the terms and conditions of the MSA throughout the Term of this SOW. V. PD 06.01.2015-0048 Page 1 of 4 2. This SOW shall remain in effect for an initial term from the date of signing through October 31, 2023 ("Initial Term"). In the event that neither party gives 90 days' notice to terminate prior to the end of the Initial Term or any subsequent Renewal Term, this SOW will automatically renew for an additional 1-year renewal term ("Renewal Term"). The Initial Term and all Renewal Terms are collectively referred to as the "Term". 3. The Total Investment - Year 1 (the sum of the One Time Costs and the Recurring Costs) will be invoiced at signing of this SOW. Client will pay all invoices within 30 days of the date of invoice. 4. Renewal Term annual recurring costs shall be invoiced on the start date of each Renewal Term and shall be subject to a 3% annual technology uplift beginning in year 4 of service. 5. Client agrees to use the CivicService SeeClickFix service (the "Service") in ways that conform to all applicable laws and regulations, including, without limitation, the Telephone Consumer Protection Act (if Client uses "Conversations"). Client agrees not to make any attempt to gain unauthorized access to any of CivicPlus' systems or networks. Client agrees that CivicPlus shall not be responsible or liable for the content of messages created by Client, or by those who access Service, or otherwise delivered by Service on behalf of Client. 6. CivicPlus does not own any data, information, or material that Client, or its constituents, submit to the Service in the course of using the Service ("Client Data"). Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Client Data, and CivicPlus shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Client Data. CivicPlus reserves the right to withhold, remove and/or discard Client Data without notice for any breach, including, without limitation, Client's non-payment. Upon termination for cause, Client's right to access or use Client Data immediately ceases, and CivicPlus shall have no obligation to maintain or forward any Client Data. 7. If the "Conversations" or "SeeClickFix Pro" line item is included in this SOW above, the following terms shall apply: The text message (SMS/MMS) comes with unlimited lines and up to 25,000 messages per month. If text usage exceeds the set usage amounts included herein, additional text will be invoiced to the Client at $0.01 per message in arrears at the end of the then -current term in which the additional charges are incurred. In the event Client exceeds the set usage amounts herein, CivicPlus will provide Client with report that displays such excess usage with the invoice. CivicPlus will use its best efforts to notify the Client in the event Client exceeds the usage amounts in any month. 8. CivicPlus will provide access to the Services via mobile applications, internet, and an embeddable interactive widget for public reporting, alerts on discussing non -emergency issues ("the Software"). Users will be able to interact with the Software and post various content including words andphotos ("User Content"). While the content of users of the Software is governed by CivicPlus' published Terms of Use and Privacy Policy, CivicPlus may not be able to control the exact nature of the User Content. CivicPlus reserves the right, not the obligation, to edit User Content. 9. CivicPlus will provide the Services and manage the Customer data and content in compliance with the SeeClickFix Data Retention Policy and SeeClickFix Terms of Use. Client understands and agrees that it has sole discretion over the solicitation, collection, storage or other use of end -users' personally identifiable information, including sharing with third parties, on any of the Services provided by CivicPlus and CivicPlus discourages the solicitation and collection of any end user personally identifiable information. Client further understands and agrees that Client is solely responsible for the use or storage of end -users' personally identifiable information in connection with the Services or the consequences of the solicitation, collection, storage, or other use by the Customer or by any third party of personally identifiable information. 10. To the extent it may apply to any of the Services or deliverables of the SOW, user logins are for designated individuals chosen by Customer ("Users") and cannot be shared or used by more than one User. Customer will be responsible for the confidentiality and use of User's passwords and usernames. Customer will also be responsible for all electronic communications, including those containing business information, account registration, account holder information, financial information, Customer data, and all other data of any kind contained within emails or otherwise entered electronically through the Services, CivicPlus Materials, or under Customer's account. Customer shall use commercially reasonable efforts to prevent unauthorized access to or use of the Services and CivicPlus Materials and shall promptly notify CivicPlus of any unauthorized access or use of the Services and/or CivicPlus Materials and any loss or theft or unauthorized use of any User's password or username and/or personal information. V. PD 06.01.2015-0048 Page 2 of 4 Acceptance The undersigned has read and agrees to the following Terms and Conditions, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date: https://www.civicplus.com/master-services-agreement Client Civicplus By: / By: +, Nam . Kathleen Gunn Amy Vikander Title: City Manager Date: 11 ZZ 1 Title: Senior VP of Customer Success Date: 6/29/2022 V. PD 06.01.2015-0048 Page 3 of 4 Contact Information 'all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet. Organization URL City of Tamarac, Florida https://www.tamarac.org Street Address 7525 NW 88th Avenue Address 2 City Tamarac State Postal Code FL 33321 CivicPlus provides telephone support for all trained clients from lam —7pm Central Time, Monday -Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. Emergency Contact & Mobile Phone Levent Sucuoglu, Interim Assistant City Manager (954) 383-1049 Emergency Contact & Mobile Phone James Twigger, Interim Director of Information Technology (954) 806-8138 Emergency Contact & Mobile Phone Richie Gelabert, Network Administrator (954) 383-7696 Billing Contact E-Mail Rizalina Garcia Rizalina.Garcia@tamarac.org Phone Ext. Fax (954)597-3557 (954)597-3560 Billing Address 7525 NW 88th Avenue Address 2 Attn: Accounts Payable City State Postal Code Tamarac FL 33321 Tax ID # Sales Tax Exempt # 59-1039552 85-8012739669C-4 Billing Terms Account Rep Net 30 Terms Michael Nicholson Info Required on Invoice (PO or Job #) Purchase Order Number Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ X ] Please list all external sources: N/A Contract Contact Email Keith Glatz Keith.Glatz@tamarac.org Phone Ext. Fax (954)597-3567 (954)597-3565 Project Contact Email James Twigger James.Twigger@tamarac.org Phone Ext. Fax (954)597-3900 (954)597-3910 V. PD 06.01.2015-0048 Page 4 of 4 CAddendum to the Agreements by and between CivicPlus, LLC and Tamarac, FL Master Service Agreement and Statement of Work Addendum THIS Master Services Agreement and Statement of Work Addendum ("Addendum") hereby sets forth the (i) additional terms and conditions applicable to the Master Services Agreement, and/or Statement of Work ("Agreements") and/or (ii) amendments to specific provisions of the terms and conditions which exist in the Agreements (collectively, the "Special Terms"), as described below, as agreed upon by CivicPlus and Tamarac, FL. The Special Terms shall be deemed to amend, modify, supplement, replace and/or supersede (as applicable) any inconsistent provisions of the Agreements, to the extent of the inconsistency. ALL TERMS AND CONDITIONS OF THE AGREEMENTS NOT EXPRESSLEY MODIFIED HEREIN SHALL REMAIN IN FULL FORCE AND EFFECT. Capitalized terms used and not defined herein shall have the meanings assigned to them in the Agreements (to which this Addendum is attached and incorporated). 1. ADDITIONAL TERMS 49. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement is fixed in Broward County, Florida. 50. IF CIVICPLUS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CIVICPLUS' DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK 7525 NW 88TH AVENUE ROOM 101 TAMARAC, FL 33321 (954) 597-3505 CITYCLERK@TAMARAC.ORG 2. AMENDMENTS The terms and conditions of the Agreement are hereby amended as follows: MSA § 1 This Agreement shall commence on the Effective Date and shall remain in full force and effect for as long as any SOW is in effect between CivicPlus and Client, or Services are being provided by CivicPlus to Client, unless terminated in accordance with this §1 or as otherwise provided in this Agreement (the "Term"). Either Party may terminate this Agreement or any SOW as set forth in such SOW, or at its discretion, effective immediately upon written notice to the other Party, if the other Party materially breaches any provision of this Agreement and does not substantially cure the breach within thirty (30) days after receiving notice of such breach. A delinquent Client account remaining past due for longer than 90 days is a material breach by Client and is grounds for CivicPlus termination. This Agreement may be terminated by the Client for convenience, upon sixty (60) days of written notice by the Client to CivicPlus for such termination in which event CivicPlus shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CivicPlus abandons this Agreement or causes it to be terminated, CivicPlus shall indemnify the city against loss pertaining to this termination. MSA § 15 CivicPlus shall indemnify and hold harmless the Client, its elected and appointed officials, employees, and agents from any and all third party claims, suits, actions, damages, liability, and expenses (including reasonable attorneys' fees) in connection with loss of life, bodily or personal injury, or property damage, including loss of use thereof, directly caused by, or resulting from, with the performance of Services by CivicPlus or its officers, employees, agents, subcontractors, or independent Contractors, excepting only such loss of life, bodily or personal injury, or property damage attributable to the gross negligence or willful misconduct of the Client or its elected or appointed officials and employees. The above provisions shall pertain to any occurrence during the term of this Agreement, even though the claim may be made after the termination hereof. 9.69.4 Nothing contained herein is intended nor shall be construed to waive City's rights and immunities under the common law or Florida Statutes 768.28, as amended from time to time. Client agrees to have $1,000,000 in Commercial General Liability insurance and Client will be solely responsible for payment of any deductible or self -insured retention of Client. Client shall provide to CivicPlus a certificate of General Liability insurance naming CivicPlus as a certificate holder. Client is a political subdivision as defined in Section 768.28, Florida Statutes, and shall be responsible for the negligent or wrongful acts or omissions of its employees pursuant to Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by Client. Addendum to Master Services Agreement Addendum to the Agreements by and between CivicPlus, LLC and Tamarac, FL This Section intentionally omitted. MSA § 48 Acceptance IN WITNESS WHEREOF, the Parties have caused this Addendum to be executed by their duly authorized representatives as of the dates below. Client CivicPlus Name: Kathleen Gunn IName: Amy Vikander Title: City Manager Title: Senior VP of Customer Success Date: q 19 P?- Date: 6/29/2022 Addendum to Master Services Agreement