HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-070 Purchase of SeeClickFix from CivicPlusTemp. Reso. #13789
July 13, 2022
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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
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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
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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
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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
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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
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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
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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
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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