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HomeMy WebLinkAbout19-Parks & Rec CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lemuel P. Randolph, Director Subject: RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH ACTIVE NETWORK INC. TO PROVIDE SOFTWARE SERVICE FOR REGISTRATIONS AND RESERVATIONS. Dept: Parks, Recreation & Community Services Dept. ORIG1~~~L Date: July 1, 2004 (Revised Oct. 25,2004) MICC Meeting Date: November 1, 2004 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. , ;! /~LI;j<t--- Sign ture Contact person: Teresa Martin Phone: 5032 Supporting data attached: ,,,(fReon" Re<n & A""emeot Ward: City-wide FUNDING REQUIREMENTS: Amount: $6,840 Source: (Acct. No.) $3,840 - Friends ofSB City Parks, Inc.* $3,000 - 001-381-5505** *Friends of SB City Parks, Inc. (Acct. Description) ** Other Professional Services Finance: Council Notes: R L:::oO Pzc'O'9-3-'1 S Agenda Item No. /q IJ/I/D2j CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subiect: Resolution authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with Active Network Inc. to provide software service for registrations and reservations. Backl!round: The department currently uses the City's finance server Sable, which includes the software program CCSPK that is used for our program, activity, and facility reservations. The Information Services Department will be replacing Sable because it is 10 years old, the performance and capacity are insufficient for the City's needs and the vendor is migrating customers to a new software release which cannot be supported by the current hardware. Once the new system is installed, our current program CCSPK will no longer be available to our department. This will result in the inability to electronically register citizens for programs and facilities without a replacement system. Our department has reviewed software services from Vermont Systems, Class and Active Network Inc. AKA RecNet Global Services or RecNet. RecNet has the features our department is seeking and will enable our staff to provide better customer service. RecNet is a fully hosted web-based solution that will allow our main office and community centers easy access to activity registrations, facility reservations and marketing/financial reporting. Our department will have the ability to do multi-enrollments and provide flexible payment options i.e. cash, check and credit card. The new software will also allow our staff to access activity rosters, print receipts, and financial reports from any computer with Internet access. We will also be able to offer our customers the option to register for activities or reserve facilities online. The new software will also be used as a marketing tool to develop interest lists and direct marketing to customers, thereby increasing participation. RecNet was specifically designed for recreation and facility services. However it does not require separate licensing fees or additional hardware, therefore other departments can utilize the program if they have registration or facility management needs. RecNet will evaluate each request to determine compatibility with the software. Financial Impact: The initial startup cost will be $3,000, which will be funded by the Friends of San Bernardino City Parks, Inc. and a quarterly transaction fee of $750.00 that will be funded by the general fund. Currently, our department has a credit card machine that has estimated fees of $256 a month. This machine will be returned and the new software will handle the credit card transactions. The Friends of San Bernardino City Parks has agreed to fund the $840 fee required to return the credit card machine. The transaction fees used for the credit card machine will be allocated to fund the quarterly transaction fees for the software service. If additional users within the City have a need for the program an additional cost will be required for their training. Recommendation: Adopt Resolution. . The Active Network the ~ct;ve NETWORK ABOUT THE COMPANY ACTIVE PROPERTIES PRESS ROOM EMPLOYMENT CONTACT INFORMATION Culture & Benefits Opportunities The Active Network, Inc. Privacy Statement THE ACTIVE NETWORK INC. Your privacy and security are important to us. Because we gather certain types of information about The Active Network, Inc.. ("Active") users, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it. Questions regarding this statement should be directed to privacy@active.com. NOTE: Active cannot accept information from individuals who are under 14 years of age without first obtaining express parental consent. 1. Capture and Use of Information. Registration If you participate in interactive activities (event registration, message boards, membership program, etc.) on Active, you may be asked to register for a free ID and password and/or to provide information on event-registration forms. Unique identifiers, such as IDs and passwords, are collected to verify your identity and for use as account numbers in our record system. Your contact information may also be used to contact you when necessary for customer service reasons. Financial information that is collected is used only to bill you for products and services that you specifically request. Cookies "Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. Generally, cookies work by assigning to your computer a unique number that has no meaning outside of our site. Our cookies do not contain any personally identifying information; we use them to provide features such as personalization, to save your member ID and to keep track of your shopping cart. We may also use cookies to assist us in delivering content specific to your interests. Additionally, after you've entered your member ID and password during a session on our service, we save that information so you don't have to re-enter it repeatedly during that session. Most Web browsers automatically accept cookies, but you can usually change your browser to prevent that. Not accepting cookies may make certain features of Active unavailable to you. /P Address We may use your IP address to identify you and your shopping cart, to administer our Web site and to assist in diagnosing problems with our server. http://www.theactivenetwork.com/privacystatementl Page 1 of3 quick link Active.colT ActiveTear eteamz ActiveGivil Active Mar RecWare Class ActlvePark 10/26/2004 The Active Network Page 2 of3 2. Additional Uses of Information All of the information we collect, both what you tell us and what we collect through the use of cookies, is used to personalize your account, to customize our services and to allow our customer service representatives to contact you when necessary. It is Active's policy not to release any personally identifying information about you without your consent (usually obtained through an "opt-out" option that you may select when providing the information). In most cases, information will be released only on an aggregated basis (meaning that the information from many Active users is grouped together in a way that does not disclose the personal information of any particular user). We may use contact information that you provide to send you information about our company and promotional material from some of our partners. Active will disclose personal information about an individual user if we believe in good faith that such disclosure is necessary to comply with an applicable law or valid legal process. Special Note for Users Accessing Active within a Frame Active has partnered with various web sites ("Framing Sites"), allowing users of those Framing Sites to register for events and to otherwise use the Active services within a frame and without leaving the Framing Site. In some cases, Active has agreed to provide to the Framing Site personal information collected from peopie who make use of the Active services from the Framing Site (that is, within a frame and without leaving the Framing Site). In these cases, please be aware that the Framing Site operates independently from, and may have privacy and security policies wholly different from, Active. If you wish to make use of the Active services, but do not wish to have your information shared with third parties, please access our services directly, and not from a Framing Site. 3. General Privacy Information. Active makes various public forums (such as message boards, chat rooms or news groups) available to its users. When you disclose personal information in such public forums, that information can be collected and used by others in various ways, including by sending unsolicited messages. You are solely responsible for any postings you make on public forums on Active, and for maintaining the secrecy of your passwords andlor any account information. Please be careful and responsible whenever you're online. Further, the Active web site contains links to partners, advertisers and third party Internet sites and services that may collect data in connection with registrations, promotions, e-commerce, etc. Active is also linked to by, and in some cases framed by, certain partner web sites. Each of the web sites (linked from Active, or linking to Active) each have separate privacy and data collection practices, independent of Active, and Active has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such Web sites. 4. Security. Active uses a variety of security measures to maintain the safety of http://www.theactivenetwork.comlprivacystatement/ 10/26/2004 The Active Network Page 3 of3 your personal information. Credit card numbers are encrypted in Active's secure database which is located behind a firewall. Personal information collected on Active is stored in a secure operating environment that is not available to the public. All credit card and registration information supplied by users is transmitted via Secure Socket Layer (SSL) technology. Active's technology department conducts frequent site-security audits. 5. Protecting Yourself. You can help to protect your information by safeguarding your Active password, using caution and discretion when posting information on public areas of the Active Web site, and by learning more about intemet privacy from Web sites such as TRUSTe (www.truste.com). Active.com I ActiveTeamSports I etearnz I ActiveGiving I Active Marketing Group I RecWare I ActiveParks Copyright@2004. The Active Network http://www.theactivenetwork.com/privacystatement/ 10/26/2004 (CO(PV 1 2 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN 3 BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH ACTIVE NETWORK INC. TO PROVIDE SOFTWARE SERVICE FOR REGISTRATIONS AND 4 RESERVATIONS. 5 6 7 8 9 10 11 12 13 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of City of San Bernardino or her designee is hereby authorized and directed to execute on behalf of said City, an agreement with Active Network Inc. to provide a software service for registrations and reservations, a copy of which is hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization granted hereunder shall expire and be void and of no 14 further effect if the agreement is not executed by both parties and returned to the Office of the 15 City Clerk within 60 days following effective date of the Resolution. 16 III 17 III 18 19 20 11/ 21 1/1 22 1/1 23 1// 24 /1/ 25 26 27 28 1// 1// 1/1 IJo, J 9 liI;/f\(( RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF 1 SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN BERNARDINO OR HER DESIGNEE TO EXECUTE AN AGREEMENT WITH ACTIVE 2 NETWORK INC. TO PROVIDE SOFTWARE SERVICE FOR REGISTRATIONS AND RESERVATIONS. 3 4 5 6 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA 9 10 11 12 DERRY 13 LONGVILLE MCGINNIS KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 18 19 2004. 20 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of 21 Judith Valles, Mayor City of San Bernardino 22 Approved as to 23 Form and legal content: 24 25 26 27 28 JAMES F. PENMAN, City Attorney /) 'co . ' ~------ Exhibit "A" RecNet Global Services Aereement This RecNet Global Services Agreement ("Agreement") is entered into between The Active Network, Inc., a Delaware corp?ration, ("Activ~" or "we" or "us") and City of San Bernardino ("you" or "your" or "Agency"). Active agrees to provIde you the Services (as defined below) subject to the following terms and conditions: 1. Services. We will provide you with access to a fully-hosted version of Active's RecNet product, "RecNet", through our website located at hUD:/ /\\\\w.active.com (the "Website"). To assist us in the successful implementation and promotion of the Services, you agree to provide us with certain information requested by us relating to your organization. 2. License to Intellectual Prooertv/Promotion. a. Active shall retain all right. title and interest in and to RecNet and its software. trademarks, service marks, logo and trade names worldwide ("Intellectual Property") subject to a limited license necessary to perform this Agreement. You shall use the Intellectual Property only as provided, and shall not alter the Intellectual Property in any way, or act or permit action in any way that would impair Active's rights in its Intellectual Property. You acknowledge that your use of the Intellectual Property shall not create in you or any other person any right, title or interest in or to such Intellectual Property. Any goodwill accruing from the use of the Intellectual Property shall inure solely to the benefit of Active. b. Active hereby grants to you a limited, non-exclusive, non-transferable license (i) to use RecNet in accordance with Active's specifications, and (ii) to display, reproduce, distribute and transmit in digital form Active's name and logo in connection with promotion of the Services. You hereby grant to Active a limited non.transferable license to use, display, reproduce, distribute, modify and transmit in digital or printed form information provided by you relating to your organization, including your organization's name, trademarks, service marks and logo, in connection with the implementation and promotion of the Services and the promotion of your organization. You will make reasonable efforts to promote and encourage adoption of the Services, including displaying Active's name and logo in any newsletters, printed registration forms or mailings provided by you to prospective participants. 3. Web Trainin.. We will conduct (6) six sessions, four-hours per session, to provide a basic level of training for the above designated RecNet product. Additional four-hour sessions can be purchased for $500 per session. 4. Information SecuritY. We will collect certain personal identifying information from users of the Service. Such information shall be stored on a secure remote server. You may access this information at any time by downloading it from our servers using your private password and "login" identifier. You will be responsible for protecting the privacy and security of any information that you retrieve from our servers and shall indemnify and hold harmless Active for any claims arising from unauthorized or illegal use or dissemination of such information. All information collected by Active shall be jointly owned by AL"live and you. 5. Privacy. Each party shall comply with all applicable laws, regulations and guidelines governing online privacy in fulfilling its obligations hereunder and in collecting and using personal information about users of the Service; this includes that active may use contact information provided by users or by you to send information about our services or our partners to such users; provided, however, that users may opt out of any such uses in accordance with our privacy policy. 6. Fees. Transactions entered directly by participants through the Website will be assessed the customary service fee charged by Active to online registrants ("Service Charge"), as described below. Transactions entered by a member of the Agency on behalf of a participant will be assessed a Service Charge equal to 1.5% for cash or check, and 3.75% for credit card transactions. Each online registrant will pay the event registration fee charged by Agency plus a service charge equal to 6.5% of the registration fee plus $.50, with a minimum fee of $2.00. If the registration fee is between $150-$500, the service charge will be 3.5% plus $5.00, and for fees above $500, the fee will be 2.5% plus $10.00. Any credit card transaction or authorization fees will be billed to the Agency and passed through at Active's cost. We will be responsible for collecting all fees charged by you and all Service Charges assessed by us. All registration fees, except Service Charges, are your exclusive property. Any fees collected by us will be sent to you twice a month and Service Charges shall be retained by us. Any advertising revenue generated from web pages used in connection with the Services will be the exclusive property of Active. You shall guarantee Active a minimum service charge amount; whether through offline or online transactions, of $750 per quarter. You shall pay to Active the difference between such minimum and actual service charges collected by us, which will be billed at the end of each quarter beginning with the month training is to commence. Active shall not be responsible for processing or making any refunds. All credit card refunds processed will be accessed a $.10 fee charged by Active to you. Active may reimburse itself for any credit card charge backs and associated fees out of registration fees collected by it. In the event such funds are not available, you agree to reimburse Active for any charge backs. 7. Trainin. Fees. Fees for the required six (6) four-hour basic training sessions will be $3,000.00 and will be billed directly to your organization. Additional training beyond the first six sessions will be billed at the rate of $500.00 per four- hour session. Such Fees will be due within 30 days of invoice date. Each Fee is due on or prior to the 15,h day of the first month of the billing period. Any Fees rendered later than this deadline shall accrue interest at the annual rate of 10%. In the event of delay in paying a Fee, you shall reimburse Active for any legal fees incurred by Active in its collection efforts. 8. Disclaimer of Warranty/Limitation of Liabilitv. Active expressly disclaims any warranty that the use of its Intellectual Property, RecNet, or the Services will be uninterrupted or error free or that the specifications will meet your requirements. The Intellectual Property, RecNet, and Services are provided to you on an "AS-IS" basis without warranties of any kind, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. Active's total liability under this Agreement is limited to the amount of fees and Service Charges collected hereunder. 9. Term and Termination. The term of this Agreement shall be for one (1) year from the date set forth below, with automatic renewals for one (1) year terms thereafter. After the first year, either party may terminate this Agreement upon the giving of ninety (90) days prior written notice. Either party may terminate this Agreement upon a material breach . .. . ~ ... . ... .. ,--, , .. 11' . . .1 I _L' _ 10. Representations and \,\-'arranttes. Each party represents and warrants that it has the necessary and full right, power. authonty and capability to enter into this agreement and to perform its obli~tions hereunder; that it owns or controls the rights granted or licensed to the other party herein; that the execution and performance of its obligations under this .-\greemenr will not violate any known nghts of any third party, any contractual commitments or any applicable federal, state and local law or regulation; and that to its knowledge the marks, logos and intellectual property licensed to the other party herein do not violate the proprietary rights of a third party. 11. Exclusivity. .-\ctive will be the sole and exclusive provider of the Services for your agency for the term of this ;\greement. 12. Indemnification. Each party shall indemnify and hold harmless the other party and its directors, officers, employees, affiliates and agents, against any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that (i) it is based upon the indemnitor's breach of a representation, warranty or obligation hereunder; (Ii) it arises out of the indemnitor's negligence or willful misconduct; or (iii) it is based upon the indemnitor's violation of any applicable federal, state or local law or regulation. 13. .1udicial Proceedings. Any action or proceeding undertaken by one party against the other to this RecNet Global Services Agreement shall be filed in Superior Court in the County of San Bernardino, San Bernardino District. The prevailing party shall be entitled to reasonable costs and attorney's fees, as determined by the court. The costs, salary and expenses of the City ~-\ttorney and members of the City ~'\ttorney's Office in defending/enforcing this .-\greement on behalf of the City with respect to resolving a dispute shall be considered as "attorney's fees" for the purposes of this paragraph 14. ~1iscellaneous. Any notices shall be in writing by fax or airmail. Neither party may assign its rights or obligations arising out of this ;\greement without the other party's prior written consent, except that ..\ctive may assign this ;\greement 10 connection with any sale of all or substantially all of its assets or any other transaction in which more than fifty percent of its voting securities are transferred. This Agreement shall be governed by the laws of the State of California. This .-\greement contains the entire understanding of the parties regarding the subject matter and can only be modified by a subsequent written agreement executed by both partles. Sections, 10, and 12 of this .-\greement shall survive any termination or expiration of this Agreement. If the foregoing correctly reflects your understanding of our agreement please indicate this by signing this agreement in the space l11dicated below and returning it to Cyril J uanitas at Active by fax (888-925-0649). THE "-\CTIVE NETWORK, INC. By, Duane Harlan PreSIdent, Rec\'{'are DiVISIon Date of Agreement Company Name E-~lail By, Stgnature Address Print Name and Title CHy, State and Zip Checks Payable to: CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: November 4, 2004 TO: Debbie Piantadosi, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Transmitting Documents for Signature - Resolution 2004-349 At the Mayor and Common Council meeting of November 1,2004, the City of San Bernardino adopted Resolution 2004-349 - Resolution authorizing the Mayor or her designee to execute an agreement with Active Network, Inc., to provide software service for registrations and reservations. Attached are three (3) original agreements. Please obtain signatures in the appropriate location and return one original agreement to the City Clerk's Office as soon as possible, to my attention. Please be advised that the resolution and agreement will be null and void if not executed withiu 60 days, or by December 31, 2004. If you have any questions, please do not hesitate to contact me at ex!. 3206. Thank you. Michelle Taylor Senior Secretary I hereby ackno}Vledge receipt oqhe above mentioned documents. Signed: i/f#L~:.))~~.:..;~ / / Please sign and return Date: / I' /f-/ [y CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: December 14, 2004 TO: Veronica Martinez, Senior Secretary FROM: Michelle Taylor, Senior Secretary RE: Resolution 2004-349 - Active Network, Inc. CC: Attached is a fully executed copy of the agreement with Active Network, Inc., to provide software service for registrations and reservations. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206.