HomeMy WebLinkAboutReso 137-2017 (17-460)City of South San Francisco P.O. Box 711 (City Hall,
• 400 Grand Avenue)
South San Francisco, CA
• City Council
Resolution: RES 137 -2017
File Number: 17 -460 Enactment Number: RES 137 -2017
RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A FIVE YEAR AGREEMENT WITH CIVICPLUS, INC. OF
MANHATTAN, KANSAS IN AN AMOUNT NOT TO EXCEED
$290,493 TO HOST AND PROVIDE RELATED SERVICES FOR A
RECREATION MANAGEMENT SYSTEM.
WHEREAS, a recreation management system ( "Project ") is an invaluable tool supporting the Parks and
Recreation Department's daily operations; and
WHEREAS, the Parks and Recreation Department processes nearly $4 million in annual revenue, most
of which is processed through the City's existing recreation management system; and
WHEREAS, the recreation management system is used by both staff and the public; and
WHEREAS, the City's existing recreation management system, CLASS by Active Network, will no
longer be supported beginning November 30, 2018; and
WHEREAS, on November 3, 2016, the City issued a Request for Proposals for a recreation management
system; and
WHEREAS, by close of the Request for Proposals period on January 19, 2017, the City received seven
(7) proposals from recreation management system vendors; and
WHEREAS, staff reviewed proposals in a two- phase, scored evaluation process including review of
written proposals and a Proof of Capability demonstration; and
WHEREAS, CivicPlus, Inc. received the highest score in the second phase of the evaluation process; and
WHEREAS, funding for the Project for Fiscal Year 2017 -18 is included in the Parks & Recreation
Department Budget and sufficient funds are available to cover the Project cost.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that
the City Council hereby approves a consulting services agreement with CivicPlus, Inc. for services
related to implementing, hosting, and supporting a recreation management system in an amount not to
exceed $290,493, conditioned on CivicPlus, Inc.'s timely execution of the contract, a draft attached
herewith as Exhibit A, and submission of all required documents, including but not limited to,
certificates of insurance and endorsements, in accordance with the contract requirements.
City of South San Francisco Page 1
File Number. 17 -460
Enactment Number. RES 137 -2017
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the
Finance Department to establish the Project Budget consistent with the information contained in the staff
report.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the consulting
services agreement and any other necessary documents on behalf of the City, subject to approval as to
form by the City Attorney.
At a meeting of the City Council on 10/25/2017, a motion was made by Karyl Matsumoto, seconded by
Liza Normandy, that this Resolution be adopted. The motion passed.
Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Mayor GuRta, and CouncilmemberAddiego
Attest
City of South San Francisco Page 2
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 1 of 16
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND CIVICPLUS, INC.
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco (“City”) and CivicPlus, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of
November 1, 2017 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto
and incorporated herein, at the time and place and in the manner specified therein. In the event of a
conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall
prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on October 31, 2022, and Consultant shall complete the work described in Exhibit A
prior to that date, unless the term of the Agreement is otherwise terminated or extended,
as provided for in Section 8. The time provided to Consultant to complete the services
required by this Agreement shall not affect the City’s right to terminate the Agreement, as
provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed two
hundred ninety thousand four hundred ninety three dollars ($290,493), notwithstanding any contrary
indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable
costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s
proposal, attached as Exhibit A, the Agreement shall prevail. City shall pay Consultant for services
rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments
specified below shall be the only payments from City to Consultant for services rendered pursuant to this
Exhibit A
Exhibit A - Page 1
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 2 of 16
Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as
specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than
one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 First Year Fees. The Total First Year Fees shall be invoiced as follows:
2.1.1 Upon signing of this Agreement – one half of the Total First Year Fees amounting
to $33,672 as identified in Exhibit A.
2.1.2 Upon completed implementation of the CivicRec Recreation Management
Software – the remaining half of the Total First Year Fees amounting to $33,672
as identified in Exhibit A. Implementation is considered to be complete when the
City is able to successfully process transactions through the system.
2.2 Annual Service Fee. City shall pay Consultant an annual service fee of $37,844 for
licensing, support, and maintenance of the CivicRec Recreation Management Software
(“Annual Service Fee”). The Annual Service Fee is included in the not to exceed amount
specified in Section 2 above.
2.2.1 Invoicing for Years Two through Five. Beginning with the Second Year of this
Agreement, the Annual Service Fee shall be invoiced on the anniversary of the
Effective Date in each subsequent calendar year.
2.2.2 Reassessment of Annual Service Fee. Beginning with the Third Year,
Consultant may reassess the Annual Service Fee based on the transaction
volume occurring during the prior year to ensure that the Annual Service Fee
accurately reflects the transaction volume processed. The transaction volume is
defined as the gross income processed through CivicRec.
2.2.3 Limit on Reassessment of Annual Service Fee. Such revised Annual Service
Fee shall in no event exceed 1% of the actual transaction volume of the prior 12
month term, and the Total Annual Service Fee may not increase by more than
20% over the prior year’s fee. Any change in the Annual Service Fee must be
communicated to the Contract Administrator by the first Monday in February prior
to such fees going into effect for the new term. Any increase in the Annual Service
Fee will not affect the total not to exceed amount specified in Section 2.
Exhibit A
Exhibit A - Page 2
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 3 of 16
2.3 Optional Services. Optional Services identified in Exhibit A are services beyond those
identified in the First Year implementation plan. If the City elects to obtain any Optional
Services, the Fees for such Optional Services shall be billed not more often than once per
month during the term of this Agreement, based on the cost of services performed and
reimbursable costs incurred prior to the invoice date. All Optional Services and fees for
such Optional Services will be agreed upon in writing by the parties and memorialized as
an Amendment to this Agreement prior to the commencement of any such Optional
Services.
2.4 All amounts owed to Consultant hereunder are fully-earned upon the satisfactory provision
of the services provided hereunder, and are non-refundable upon payment subject only to
a clear demonstration of an accounting error. City expressly acknowledges and agrees
that City is familiar with the proposed services to be provided and Consultant’s billing
process.
2.5 Merchant Processing Fee. If Consultant provides a merchant account for the collection
of registration and other credit card monies on behalf of City, it shall charge a per
transaction processing fees (“Merchant Processing Fee”) as provided herein.
Merchant Processing Fees will be calculated using a “Processing Rate” which is a
percentage of each positive charge that is captured through the system. No Processing
Rate fees are credited back in the event of a refund or credit. In addition to the Processing
Rate, an additional transaction fee will be assessed which is a fixed amount per
transaction. This transaction fee will also only apply to positive charges and will not apply to
refunds or voids. Unless otherwise specified, all fees due and payable to Consultant will be
deducted from the funds collected in the merchant account prior to disbursement. Unless
otherwise arranged, disbursements will occur either monthly (on or about the 1st of the
next month) or semi-monthly (on or about the 1st as well as the 16th of each month). All
fees contemplated in this subsection 2.2.5 are subject to the not to exceed amount
specified in Section 2.
2.5.1 Standard Merchant Processing Rates are as follows:
Processing Rate - 3% per “charge” transaction
Transaction Fee - $.30 per transaction
2.5.2 There are no monthly minimum fees for merchant processing. City will only pay for
charges it incurs.
2.5.3 Consultant reserves the right, at any time, to adjust the merchant processing rate
or transaction fee to accommodate changes in fees charged by third party
merchant providers. Consultant will give 30 days' notice upon such change.
2.5.4 In addition to the Merchant Fees, City will also be responsible for extraordinary
processing fees assessed by Consultant’s merchant account beyond normal
transaction fees. The most typical extraordinary fee would involve a payer
reversing a charge on a credit card statement. In such case, Consultant shall
Exhibit A
Exhibit A - Page 3
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 4 of 16
invoice City the first week of each month for any such fees in excess of the funds
collected in the City merchant account incurred during the prior month’s processing.
In any event, City shall only be responsible for payment to Consultant of actual,
additional fees charged to Consultant by the merchant as discussed under this
subsection.
2.6 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.7 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated
herein as part of Exhibit A.
2.8 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes.
To be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590
shall be attached hereto and incorporated herein as Exhibit C. Unless Consultant provides
City with a valid Form 590 or other valid, written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Consultant as required
by law. Consultant shall obtain, and maintain on file for three (3) years after the termination
of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-
California resident subcontractor and shall submit written documentation of compliance
with Consultant’s withholding duty to City upon request. .
2.9 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.10 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.11 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes
of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be
Exhibit A
Exhibit A - Page 4
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 5 of 16
not less than the prevailing rate for a day’s work in the same trade or occupation in the
locality within the state where the work hereby contemplates to be performed as
determined by the Director of Industrial Relations pursuant to the Director’s authority under
Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by
Consultant or by any subcontractor shall receive the wages herein provided for. The
Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor
Code Section 1775, as may be amended, per day penalty for each worker paid less than
prevailing rate of per diem wages. The difference between the prevailing rate of per diem
wages and the wage paid to each worker shall be paid by the Consultant to each worker.
An error on the part of an awarding body does not relieve the Consultant from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant
to Labor Code Sections 1770 1775. The City will not recognize any claim for additional
compensation because of the payment by the Consultant for any wage rate in excess of
prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Consultant shall post at appropriate conspicuous points at the site of the project a
schedule showing all determined prevailing wage rates for the various classes of laborers
and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the
laborers and mechanics so engaged.
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate
payroll record, showing the name, address, social security number, work week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by the Consultant in connection with the public work. Such records shall be
certified and submitted weekly as required by Labor Code Section 1776.”
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Exhibit A
Exhibit A - Page 5
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 6 of 16
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator (as defined in
Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against the City and its officers,
officials, employees, and volunteers for loss arising from work performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting there from, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Exhibit A
Exhibit A - Page 6
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 7 of 16
Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability. Automobile coverage shall be at least as
broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals’ errors and omissions. Any deductible or self-insured retention shall
not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant’s sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
Exhibit A
Exhibit A - Page 7
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 8 of 16
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, it shall not waive the Consultant’s obligation to provide them. The
City reserves the right to require complete copies of all required insurance policies
at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or reduced in
coverage or in limits, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
Further, if the Consultant’s insurance policy includes a self-insured retention that
must be paid by a named insured as a precondition of the insurer’s liability, or
Exhibit A
Exhibit A - Page 8
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 9 of 16
which has the effect of providing that payments of the self-insured retention by
others, including additional insureds or insurers do not serve to satisfy the self-
insured retention, such provisions must be modified by special endorsement so as
to not apply to the additional insured coverage required by this agreement so as to
not prevent any of the parties to this agreement from satisfying or paying the self-
insured retention required to be paid as a precondition to the insurer’s liability.
Additionally, the certificates of insurance must note whether the policy does or
does not include any self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a
“wasting” policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City’s interests
are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
Exhibit A
Exhibit A - Page 9
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 10 of 16
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent
permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless
the City and its officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or
ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions
of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply
when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the
actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury,
loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify
and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not
relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification
and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges
and agrees to the provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
Exhibit A
Exhibit A - Page 10
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 11 of 16
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent or to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City, of what-so-ever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Exhibit A
Exhibit A - Page 11
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 12 of 16
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon 60
days’ written notice to Consultant.
Consultant may cancel this Agreement for cause upon 180 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the date of notice of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City all materials described in Section
9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Similarly, unless authorized
by the Contract Administrator, City shall have no obligation to reimburse Consultant for any
otherwise reimbursable expenses incurred during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
Exhibit A
Exhibit A - Page 12
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 13 of 16
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties unless required by law.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
Exhibit A
Exhibit A - Page 13
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 14 of 16
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County San Mateo or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
Exhibit A
Exhibit A - Page 14
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 15 of 16
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Angela Duldulao
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows:
Consultant:
Contract Manager
CivicPlus, Inc.
Exhibit A
Exhibit A - Page 15
Consulting Services Agreement between [Rev:11.14.2016] November 1, 2017
City of South San Francisco and CivicPlus, Inc. Page 16 of 16
302 S. 4th Street, Suite 500
Manhattan, KS 66502
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11 Integration. This Agreement, including all Exhibits attached hereto, and incorporated
herein, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral
pertaining to the matters herein.
10.12 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or
other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with
other signed counterpart, shall constitute one Agreement, which shall be binding upon and
effective as to all Parties..
10.13 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO Consultants
____________________________ _____________________________________
City Manager NAME:
TITLE:
Attest: Approved as to Form:
_____________________________ ____________________________
City Clerk City Attorney
2864956.1
Exhibit A
Exhibit A - Page 16
Service & License Agreement Contract Information
CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951
Contact Information
Organization URL
Street Address
Address 2
City State Postal
Code
CivicPlus provides telephone support for all trained clients from 7am –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
Emergency Contact & Mobile Phone
Emergency Contact & Mobile Phone
Billing Contact E-Mail
Phone Ext. Fax
Billing Address
Address 2
City ST Postal
Code
Tax ID # Sales Tax
Exempt #
Billing Terms Account
Rep
Info Required on Invoice (PO or Job #)
Contract Contact Email
Phone Ext. Fax
Project Contact Email
Phone Ext. Fax
EXHIBIT A Exhibit A
Exhibit A - Page 17
City of South San Francisco
CivicRec Emergency Support Contact List
Program Area Name Phone
Administrator Angela Duldulao O: 650-829-3827 / M: 650-763-7201
Administrator Greg Mediati O: 650-829-3897 / M: 650-676-7689
Recreation Manager Kelli Jo Cullinan O: 650-829-3809 / M: 650-676-7677
Front Desk Administration Susan Filereto O: 650-829-3800
Aquatics Devin Stenhouse O: 650-875-6959
Childcare Laura Armanino O: 650-875-6951
Classes Erin O’Brien O: 650-829-3811
Rentals & Sports Mike Mulkerrins O: 650-877-8679
Senior Services TBD TBD
EXHIBIT A Exhibit A
Exhibit A - Page 18
Exhibit A - CivicRec SOW for City of South San Francisco
CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951
V.PD 06.01.2015-0048
Exhibit A - CivicRec Statement of Work
Project Implementation and Deployment
Data Import
•User Import
•Location/Facility Import
•Activity/Session Import
•Future Facility Rentals
$11,000
Financial Extract $5,000
GIS Integration $2,500
Standard Gateway Interface (Authorize, Braintree, OpenEdge, or Converge) $2,500
5 Days of Onsite Training $5,000
Travel (1 X 3 Days and 1 X 2 Days) $3,500
Class Fee ‘Calculator’ Included
Total Project Implementation and Deployment $29,500
First Year Annual Service Fee (Includes Licensing, Support and Maintenance) $37,844
Total First Year Fees $67,344
Second Year and Beyond Annual Service Fee (Includes Licensing, Support and
Maintenance)
Billed 12 months from Effective Date
$37,844
Optional Services
Customized Enhancements, Additional Data Import/Export ($100/hr) Not to Exceed
$10,000
Additional Training
a.Onsite Training: 2 day minimum - $3,500 (includes travel) and additional $1,500 per
subsequent day
b.Web-based: $1,250 for 8 hours (additional 4 hour blocks can be purchased for an
additional $625 per 4- hour block)
Not to Exceed
$10,000
Performance and payment under this SOW shall be subject to the terms & conditions of the Agreement by and between
Client and CivicPlus, to which this Statement of Work (SOW) is hereby attached.
EXHIBIT A Exhibit A
Exhibit A - Page 19
Exhibit A - CivicRec SOW for City of South San Francisco
CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com
Toll Free 888-228-2233 • Accounting Ext. 291 • Support Ext. 307 • Fax 785-587-8951
V.PD 06.01.2015-0048
Addendum 1 to Exhibit A.2 – Services Provided
Services provided by CivicPlus to the Client under this agreement include the following:
●Access – CivicPlus hereby grants a nonexclusive license during the term of the Agreement for the Client and patrons
of the Client recreational programming to access, use and display CivicPlus’ online registration service (the “Portal”).
Excluding occasional maintenance, the Software shall be available 24 hours per day, seven days per week with a
guaranteed uptime of 99%. The Portal is accessible via the public Internet from any PC with an Internet connection.
There is no limit to the number of organization users and participants that can enroll using the Portal.
●Online Registration – The CivicPlus registration engine through which the Portal is accessed can be integrated with
Client’s website. CivicPlus will format a registration page to match the colors and theme of the rest of Client’s
website. Client would then display a link on its own page that would seamlessly redirect the user to a secure page
on the CivicPlus server.
●Documentation - All CivicPlus startup and user’s guides are maintained electronically in the system and can be
accessed through the “Help Center” from within CivicPlus. CivicPlus does not provide paper copies of its guides
and help files.
●Data Backups – CivicPlus currently performs backups daily of all of its data (6:00 AM). In case of emergency,
CivicPlus may restore data to the point of the previous backup.
●Enhancements – New features will be added to CivicPlus throughout the term of this Agreement. Client will have
full access to all of these new features without additional charge. Client is also encouraged to submit change
requests as they see opportunities for improvement. CivicPlus will attempt to implement any and all changes that
improve the value of CivicPlus to all of our Clients at no charge. Thereafter, Client will be charged a development
fee at a $100 hourly rate for custom requests. All work will be estimated and agreed upon in writing by the parties
hereto prior to work start.
●Client Support – CivicPlus shall provide an online utility for problem reports and change requests. Client may also
reach CivicPlus by phone at 1-800-335-1863 between the hours of 7:00 AM and 7:00 PM Central Standard Time,
Monday through Friday and excluding national holidays. E-mail support is also available at [email protected].
Non-emergency after-hours support may be subject to additional fees. Emergencies will be handled as soon as
possible. Enhancement requests will be queued based on priority and implemented on a schedule. CivicPlus shall
have sole and absolute discretion as to whether support requests exceed reasonable use or exceed the scope of
services outlined in this Agreement.
●Data – In the event Client no longer wishes to use CivicPlus, CivicPlus will export Client data based on a requested
format (in most cases). If the data exporting request is initiated by Client, development will be charged at a $100
hourly rate. All work will be estimated and agreed upon in writing by the parties hereto prior to work start.
●Additional Training – Additional training may be purchased as follows:
•Onsite Training: 2 day minimum - $3,500 (includes travel) and additional $1,500 per subsequent day
•Web-based: $1,250 for 8 hours (additional 4 hour blocks can be purchased for an additional $625 per
4-hour block)
EXHIBIT A Exhibit A
Exhibit A - Page 20
REC1 understands the City 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.
REC1 is a fully hosted, PCI compliant SaaS solution that is ready to go off-the-shelf. We will provide
the City with an integrated web-based, hosted application recreation management system that is
comprehensive, efficient, and modern. In addition, REC1 is fully scalable to allow for future growth and is
easily deployed to all functional areas of the City.
Please see the following brief module descriptions which support how we can meet your needs.
Features & Functionality
FACILITY RESERVATIONS (ONLINE AND IN-HOUSE)
All facility functions in REC1 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.
ACTIVITY REGISTRATION (ONLINE AND IN-HOUSE)
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.
MEMBERSHIP MANAGEMENT
Customer Management in REC1 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. Store credit/debit cards on file
for future and recurring payments. Perform other functions like sending invoices,
merging accounts, and more.
With REC1, the City can easily sell memberships and punch cards, take photos
of members, print cards or associate barcode key tags, and check people into a
facility. REC1 will even help you auto-bill your members to ensure everyone stays
paid and current.
EXHIBIT A Exhibit A
Exhibit A - Page 21
Features & Functionality
POINT OF SALE
REC1’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.
LEAGUE MANAGEMENT
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 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.
MOBILE FOR YOUR PUBLIC AND YOUR STAFF
When users register through REC1, they get the same great experience on their
phone/tablet as 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.
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.
EXHIBIT A Exhibit A
Exhibit A - Page 22
Features & Functionality
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 Client
programming is being received.
REPORTING / FINANCIAL ACCOUNTING
REC1 has a very powerful reporting engine. There are dozens of standard reports
in REC1. However, staff can basically take any report and customize it to their
liking. Filters and fields can be added and/or removed. Reports can be sorted,
saved, emailed, exported, or scheduled for regular delivery to any email address.
REC1 will gladly take any reasonable reporting request from the Client and
ensure it is made available as requested.
MERCHANT OPTIONS / CREDIT CARD PROCESSING
REC1 has multiple credit card processing options. The Client may elect to have
REC1 serve as the merchant of record for credit card processing. A Client may
elect to use its own merchant account, in which case, REC1 can be integrated. If
the Client desires its own merchant account, but needs to shop for a new one,
REC1 can provide a reference to our well-regarded processing partner.
EMAIL/SMS BLASTS
There are several links within REC1 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.
EXHIBIT A Exhibit A
Exhibit A - Page 23
A dedicated project team will assist you throughout our
proven development process to ensure your new website
achieves your vision of success and delivers you complete
satisfaction - guaranteed.
Professional Services
EXHIBIT A Exhibit A
Exhibit A - Page 24
Description of Project Management Services
A Project Manager will be assigned to the City to ensure milestones are met, staff are trained, issues/
considerations are addressed, and that the City has a painless startup process. REC1 implementations are
typicaly straightforward. However, if a client wishes to incorporate customizations 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 on implementation activities. The Solution
Consultant will drive the end-to-end implementation process and will conduct training both for lead staff
and frontline staff. The Solution Consultant will utilize phase checklists as well as a detailed Project Plan
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.
PROJECT PLAN
A Project Plan for the Kickoff Phase is provided as a sample. We are able to disclose a more detailed
project plan upon selection as a finalist.
PHASE 1: PROJECT INITIATION; KICKOFF
ACTIVITY PURPOSE RESOURCESDOCUMENTS
Task Communicate tasks necessary in
preparation for Kickoff
REC1 PMREC1: Kickoff
Checklist
Meeting/
Call
Introduce Project Teams
Define Roles
Review Statement of Work
REC1 PM
Client PM
Meeting/
Call
Review Draft Project Timeline
Establish On-site Training Dates
REC1 PM
Client PM
REC1: Project Plan
Implementation Plan
EXHIBIT A Exhibit A
Exhibit A - Page 25
Implementation Plan
SCHEDULE
Provided is an illustrative development timeline for the City. 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”
vs a “scaled rollout” approach...not to mention the City’s own scheduling needs….will factor into the final
implementation schedule.
SAMPLE PROJECT SCHEDULE: 12 WEEKS
123456789 101112
Project Initiation; Kickoff
Interface/Data Requirements
Gathering
Module Configuration/Basic
Account Setup
Integration Development
End User Training
System Testing/Issue Resolution
Go Live
REC1 can begin Project Initiation as soon as contract signing 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 confirms
a start date. A REC1 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.
EXHIBIT A Exhibit A
Exhibit A - Page 26
Description of Proposed Services
DATA MIGRATION
At the City’s request, REC1 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 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 the City’s current database.
INTEGRATION DEVELOPMENT
There are several integration capabilities the City may choose to leverage:
REC1 can provide integration to the City’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 may opt to have REC1 integrate with its GIS system for purposes of local resident
determination.
SYSTEM TESTING/ISSUE RESOLUTION
REC1 is a SaaS solution that 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, the City and REC1 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. Any technical aspects of implementation will be handled by our staff
as part of our service. During Week 12, REC1 will complete a final data import (if required) and the City
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 REC1. During this time, REC1
is available to be on site with you or can be available remotely for immediate assistance should the City
desire.
Implementation Plan
EXHIBIT A Exhibit A
Exhibit A - Page 27
Proposed 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. REC1
offers limited remote training as well as on-site training. Remote training is typically better suited to
smaller or seasonal groups, or as a refresher session to larger groups. Groups with diverse operations and
large numbers of employees, such as the City, would be better suited for on-site training.
Five days of on-site training conducted over two trips to the City 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 REC1 as part of our service.
Data Extraction and Loading
Per the City’s request, REC1 can convert content from the City’s CLASS database, including data for
facilities, future permits, active memberships, balances due, and credits on account. We have a number
of custom developed scripts and libraries we leverage for data imports. Importing VIP user data would be
straightforward, but bringing across each user’s history (transactions, programs, and rentals) is uncommon
because of its complexity and associated cost. With a more detailed discussion with the City, we can
recommend options for extracting and saving data from CLASS and can then provide a more detailed
cost estimate.
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 wants to script an automatic import process.
Implementation Plan
EXHIBIT A Exhibit A
Exhibit A - Page 28
Vendor Staffing
From project management to design and development to training and support, a dedicated project team will assist
you throughout the development process to ensure your project’s success and your complete satisfaction. Based out of
Alpharetta, Georgia, REC1 staff will perform all project work, other than on-site training/meetings, remotely. We do not
utilize any non-US based resources. The following identifies the resource roles who will be involved from REC1 and the
City. Aside from Landon, REC1 project team resources have been with REC1 an average of four (4) years.
ROLE RESPONSIBILITIES
Project ExecutiveProvides executive oversight and ensures best practices for the
engagement. Provides ongoing strategic focus and depth of experience
implementing REC1 solutions.
Project ManagerStreamlines communication during implementation, tracks project status
and issues, and oversees quality.
Solution ConsultantActs as a product subject matter expert, working to ensure client
requirements are fulfilled. Conducts configuration meetings and provides
end user training (either on-site or via web meeting).
Development Configures code, fixes defects, implements software enhancements,
develops and maintains third party integrations, and ensures a quality user
experience.
Support AnalystCoordinates and communicates support requests post launch.
Account ManagerProvides customer care and outreach post launch.
EXHIBIT A Exhibit A
Exhibit A - Page 29
REC1 will work with a single Point of Contact from the City. The City should consider the following roles
for a successful implementation team.
ROLE RESPONSIBILITIES ~HOURS*
Project ExecutiveProvides focus and guidance for the overall project. Helps to prioritize key
objectives, assists with issue escalation, and acts as project champion.
20
Project ManagerWorks closely with the REC1 Project Manager to facilitate the execution of
project activities and logistics. Organizes training for recreation staff, front
desk, supervisors, and managers.
Lead Staff Activity managers and facility managers within parks and recreation who will
be doing the primary configuration and setup within the REC1 system.
200
Frontline Staff Acts as end users of the system and will participate in end user training
sessions.
IT Coordinates with REC1 on the GIS data export and other data migration
requirements.
8
Finance Coordinates the payment gateway integration, financial accounting extract,
and works with REC1 to properly configure the General Ledger setup.
8
Marketing Identifies and communicates rollout and adoption process both internally
and to the public.
8
Expected City Staffing
*The hours per role provided are an estimate based on previous projects and experience. Once final
scope is defined, a more accurate representation of the time your staff will need to allocate to this project
will be provided.
EXHIBIT A Exhibit A
Exhibit A - Page 30
Technical Requirements
There are no minimum requirements to run REC1. It’s cloud-based and simply requires a reasonably
modern PC with internet access. We recommend running it on a high speed internet connection.
Hosting/Security Features
The City has no obligations in regards to hosting the application. REC1 utilizes industry standards,
insurance requirements, and PCI requirements to ensure that REC1 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, TelX, 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 REC1 will assist the City 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).
REC1 will guide the City through this process as part of Training and Implementation.
PCI COMPLIANCE
For credit card security, REC1 maintains PCI compliance through an Approved Scanning Vendor
(ControlScan). 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 REC1 (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 REC1 (or that the browser can be redirected to) to ensure card data never touches the
REC1 servers. Instead, the card data is keyed directly into the payment gateway’s form, and REC1 simply
receives a notification the payment was successfully made.
Technical Information
EXHIBIT A Exhibit A
Exhibit A - Page 31
Backup/Recovery/Data Redundancy
The City can export data as needed in the standard reporting tool. If the City has elevated data retention
requirements, REC1 can have a scoping session with the City to address those. Professional Services fees
may apply to custom configurations/capabilities.
REC1 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. We also 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.
Hardware
Customers may opt for a variety of hardware peripherals to enhance the REC1 experience. REC1 can be
integrated with magnetic stripe readers, barcode readers, thermal printers, cash drawers and more. While
REC1 does not provide this hardware, we are happy to assist with procurement and implementation.
Technical Information
EXHIBIT A Exhibit A
Exhibit A - Page 32
You are now a part of the REC1 family and will continue to
receive both technical and consultative support from our
Support and Account Management team.
Maintenance and Support
EXHIBIT A Exhibit A
Exhibit A - Page 33
Support
REC1 is an internet-based, fully hosted software solution. REC1 handles 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 within the net transaction fee per month.
REC1 will provide a toll free number at no cost, and we also offer an online support system for users
to submit software issues or requested enhancements. For emergencies, users may either call REC1 or
enter an emergency ticket into the system. Emergency tickets include any REC1 issue that is causing
a disruption to your ability to use our system (i.e., the website is down). These issues are addressed
immediately. Additionally, REC1 is available to be on site with you when needed (travel expenses may be
incurred).
REC1 processes standard support requests via email or phone from 8am-8pm Eastern, Monday-Friday
(excluding holidays). Emergency support is offered 24/7.
REC1 also maintains a product Knowledgebase where users can review articles and can get tips on best
practices. The Knowledgebase is also where we store Release Notes and PCI certificates.
REC1 has formalized support procedures that involve the following Tiers:
Tier 1: Simple usability issues and ‘How do I?’ questions
Tier 2: Complex functional questions
Tier 3: Technical issues
Maintenance and Support
“I’d have to say my favorite part of REC1 is the service. Sometimes I
encounter something I just can’t figure out and REC1 is always there
with a solution. They respond quickly and thoroughly.”
Client review from Capterra http://www.capterra.com/parks-and-recreation-software/
EXHIBIT A Exhibit A
Exhibit A - Page 34
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 REC1 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.
Release / Upgrade Schedule
REC1 currently utilizes a monthly release schedule. The City 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.
REC1 is a 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 REC1 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.
Maintenance and Support
EXHIBIT A Exhibit A
Exhibit A - Page 35