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HomeMy WebLinkAbout2007-427 1 2 RESOLUTION NO. 2007-427 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 4 PURCHASE ORDER TO GOVERNMENT OUTREACH FOR THE SUBSCRIPTION TO 5 THE CITIZEN RELATIONSHIP MANAGEMENT SOFTWARE SERVICE. 6 7 3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION I: That the Director of Finance or his/her designee is hereby authorized 9 to issue an Annual Purchase Order with multiple renewal options, to Government Outreach 10 11 12 13 in an amount not to exceed $19,000.00 for Fiscal Year 2007/2008 for the subscription to the Citizen Relationship Management software service. The Purchase Order shall reference the number of this resolution and shall read, "GOCity CRM, FY 2007/2008, not to exceed $19,000.00." and shall incorporate the terms and conditions of this Resolution including the 14 15 attached Agreement. The annual cost for the GOCity CRM System software subscription will be $15,000 after year one. Future year renewal options shall be contingent upon funds 16 17 being approved in the City's budget for this service. 18 SECTION 2: That the City Manager of the City of San Bernardino is hereby 19 authorized to execute on behalf of said City an Agreement between the City of San 20 Bernardino and Government Outreach, a copy of which is attached hereto. 21 SECTION 3: This purchase is exempt from the formal contract procedures of 26 issue the above-referenced Purchase Order is rescinded if not executed/issued within sixty 27 (60) days of the passage of this Resolution. 28 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND 3 PURCHASE ORDER TO GOVERNMENT OUTREACH FOR THE SUBSCRIPTION TO THE CITIZEN RELATIONSHIP MANGEMENT SOFTWARE SERVICE. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a i oint meeting thereof, held 6 on the 15th day of October ,2007, by the following vote, to wit: 7 Council Members 8 9 ESTRADA 10 11 12 13 Aves Navs x x x x x x x Abstain Absent BAXTER BRINKER DERRY KELLEY 14 JOHNSON 15 16 17 18 19 The foregoing resolution is hereby approved this /7P1 day of October ,2007. 20 McCAMMACK Q~h.~ Rac11e1 G. Clark, City Clerk 21 22 23 24 25 26 27 28 J. Morris, San Bernardino Approved as to form: 2007-427 VENDOR SERVICE AGREEMENT This Vendor Service Agreement is entered into this 15th day of October 2007, by and between Government Outreach ("VENDOR") and the City of San Bernardino ("CITY" or "San Bernardino"). WITNESSETH: WHEREAS, the City of San Bernardino has determined that it is advantageous and in the best interest of the CITY to contract for the subscription to the "Government Outreach- GOCity" Citizen Relationship Management software service; and WHEREAS, the CITY did solicit and accept quotes from available vendors for the subscription to a citizen relationship management software service. NOW, THEREFORE, the parties hereto agree as follows: 1. SCOPE OF SERVICES. For the remuneration stipulated, CITY hereby engages the services of VENDOR to provide those products and services as set forth on Exhibit "A," attached hereto and incorporated herein. 2. COMPENSATION AND EXPENSES. a. For the services delineated above, the CITY, upon presentation of an invoice, shall pay the VENDOR up to the amount of $19,000 for year one and $15,000 for subsequent years as set forth on Exhibit "B," attached hereto and incorporated herein. b. Future year renewal options shall be contingent upon funds being approved in the CITY's budget for this service. c. No other expenditures made by VENDOR shall be reimbursed by CITY. Page 1 2007-427 3. TERM; TERMINATION. The term of this Agreement shall be for a period of one year. This agreement shall continue thereafter on a yearly basis unless terminated by either party with thirty (30) days written notice. Except as otherwise provided in an Order Form, this Agreement becomes effective on the date the Agreement is accepted. VENDOR reserves the right, in its discretion, to suspend or terminate this Agreement or CITY's password, account, access to or use of to the GOCity Service if any payment on CITY's account becomes past due by more than 90 days. Upon termination of this Agreement for any reason, CITY's right to access or use CITY Data through the GOCity Service immediately ceases. Upon termination of this Agreement, VENDOR will supply to CITY a file of the CITY Data then in its possession. After a period of 30 days after such termination, VENDOR shall have the right to delete the CITY Data without obligation to maintain any CITY Data. CITY agrees that the license to CITY Data shall survive termination of this Agreement to the extent necessary for VENDOR to retain CITY Data as set forth herein. This Agreement may be terminated at any time by thirty (30) days written notice by either party. The terms of this Agreement shall remain in force unless mutually amended. 4. INDEMNITY. CITY agrees to indemnify and hold harmless VENDOR, its officers, agents and volunteers from any and all claims, actions, losses, damages and/or liability resulting from CITY's negligent acts or omissions arising from the CITY's performance of its obligations under the Agreement. VENDOR agrees to indemnify and hold harmless the CITY, its officers, agents, and volunteers from any and all claims, actions, losses, damages and/or liability resulting from Page 2 2007-427 VENDOR's negligent acts or omissions ansmg from the VENDOR's performance of its obligations under the Agreement. In the event the CITY and/or the VENDOR is found to be comparatively at fault for any claim, action, loss, or damage which results from their respective obligations under the Agreement, the CITY and/or VENDOR shall indemnify the other to the extent of this comparative fault. 5. INSURANCE. While not restricting or limiting the foregoing, during the term of this Agreement, VENDOR shall maintain in effect policies of comprehensive public, general and automobile liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory workers' compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an additional named insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any change or termination in the policy. 6. NON-DISCRIMINATION. In the performance of this Agreement and in the hiring and recruitment of employees, VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or sexual orientation, or any other status protected by law, except as permitted pursuant to Section 12940 of the California Government Code. 7. INDEPENDENT CONTRACTOR. Page 3 2007-427 VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for VENDOR and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. VENDOR warrants that it possesses or shall obtain, and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of VENDOR to practice its business or profession. 9. NOTICES. Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Fred Wilson City Manager City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5122 TO THE VENDOR: Kendall Smith President Government Outreach 2943 Victoria Meadow, Ct. Pleasanton, CA 94566 Telephone: (925) 292-2768 Page 4 2007-427 10. ATTORNEYS' FEES In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 11. ASSIGNMENT. VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be the mandatory and not permissive in nature. Page 5 2007-427 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. 14. SUCCESSORS AND ASSIGNS. This Agreement shall be binding on and inure to the benefit of the parties to this Agreement and their respective heirs, representatives, successors, and assigns. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. 17. ENTIRE AGREEMENT; MODIFICATION. This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject manner of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. Page 6 2007-427 VENDOR SERVICE AGREEMENT - "Government Outreach - GOCity" IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2007 VENDOR BY:~~ Its: rrui.lew1 Q,;Jv~.-Yll'I4ewf o.Jde< d... Dated ~ /1~007 BERNARDINO By: Approved as to Form: Page 7 2007-427 EXHIBIT A SCOPE OF SERVICES VENDOR will provide a subscription to the "Government Outreach GOCity CRM Service" - a customer support and tracking software system for use by CITY employees, CITY contractors and the citizens and businesses of the CITY which will be maintained by VENDOR and housed on a computer server procured by VENDOR for this purpose. VENDOR shall provide CITY access to this service via the Internet. VENDOR is not responsible for maintaining CITY's Internet connection to the service. The services shall be performed by, or under direct supervision of, VENDOR'S Authorized Representatives: Kendall Smith and Steve Brozosky. A description of GOCity's functionality is provided below. Project Management - VENDOR will provide Project Management services, specifically the development of a project plan with identified CITY employees to ensure the many facets of deploying the Government Outreach CRM Service are done in a timely and coordinated fashion. CITY will make appropriate staff available to VENDOR for the purposes of obtaining the necessary information and data required to setup and configure the system. Communications Plan - VENDOR will provide CITY with an internal and external communications plan. The plan includes all written materials that the CITY can use for employee newsletters, emails, the CITY's Intranet, and citizen communications (newsletters, homeowner association articles, Chamber of Commerce publications, etc.). In addition, VENDOR will help devise a comprehensive media outreach strategy, including the drafting of media materials and pitching. Training - VENDOR will provide 2 types of training. I) for users of the system that process service requests and 2) for users that are identified as administrators. Up to three days of onsite training will be provided. All training and travel costs are included in the implementation budget. Customization of Screens - VENDOR will customize up to 10 screens to meet the CITY's needs. Screen customizations include extending the data model to capture data that is unique to the CITY. Reports and Printing - VENDOR will develop up to 5 additional customized reports in addition to the standard reports available. GIS Integration - VENDOR will integrate to CITY's ESRI system provided it has an acceptable ArcIMS interface and is made available to VENDOR for access. CITY understands that some additional queries may need to be developed to support access by VENDOR's application. This integration is included provided the effort does not exceed 20 hours effort by VENDOR personnel. Page 8 2007-427 GOCity Functionality Some of the main features available in GOCity are listed below. This is not a complete list, however, it highlights some of the most important and prominent functions. · Integrated Frequentlv Asked Ouestions (F AO) to answer common questions of residents before they file a request unnecessarily. . Automatic account creation to make registration simple for residents. · Anonvmous resident support so that people can submit their request anonymously. · Workflow and rule-based resolution so that each request is routed to the correct staff person and proper steps are completed in the processing of the request. The system also supports priority escalation at predetermined intervals. · Delegation capabilitv for rerouting requests when a staff member is on vacation or out of the office. · Standard response templates let staff respond to common requests or questions with consistent messages. . Spell check on employee screens for ensuring professional correspondence. · Outbound email broadcast capabilitv to send subscribers general notices or newsletters. · Customer satisfaction survevs to get feedback on the City's service at the point of service delivery. · Contractor support so service providers can answer questions and respond to requests while allowing staff to review and approve responses prior to delivery to residents. · Address validation ensures recording the correct address (requires support for address lookup from the City's GIS system) · Customizable forms and fields for tracking virtually any information. System can support fill in the blank, check boxes, and option list type fields. · File attachment for associating all types of documents and files with the case including photos, scanned letters, and related documents. · Custom report writing for creating reports without programming or complex third-party tools. · Scheduled report deliverv automatically delivers nearly any report via email. Page 9 2007-427 . Application Programming Interface (API) to allow other applications to access GOCity to query, update data, or create requests. Access through this API ensures that all of your business logic takes place, including workflow and email notifications so other applications can query the status of a request or even update it. Hosting, Support, and Maintenance The monthly service fee includes: . A secure and reliable hosted system . Ongoing maintenance . Unlimited technical support . System upgrades and enhancements Technical support is available via telephone, email, and online. VENDOR guarantees a 24- hour response time, though most issues are answered within a few hours during standard business hours of 8 AM to 6 PM. An additional emergency contact is also provided for non- business hours. As part of the monthly service, new system features and enhancements are provided at no additional cost. The product is designed so that new features can be selectively accepted by the CITY at a time that is convenient. Because the software is browser-based and hosted on a remote server, all updates are performed on VENDOR servers. There is no need for the CITY to update any software or hardware to obtain the latest software. Backups VENDOR maintains synchronized servers at different facilities. In the event that one server fails or has network connectivity issues, the backup will take over. To protect data against accidental loss, database backups are performed to a separate server. All servers operate from secure facilities, each of which includes: . Keycard and biometric scan required for physical access . Backup power generators . Redundant fiber optic connectivity . Fire suppression systems . Staffing 24/7 by certified systems administrators and network engineers Page 10 , ,-- 2007-427 EXHIBIT B COST OF SERVICES VENDOR will supply the Government Outreach GOCity CRM System software subscription to CITY at a cost of$15,000 ($1,250 per month) for all CITY employees and CITY's contractors. All fees include Local, State, and Federal taxes. In addition VENDOR will provide project management, training, setup, screen customizations and reports for a one time fee of $4,000, which includes all travel costs for up to two onsite visits. The annual cost for the GOCity CRM System software subscription will be $15,000 after year one. Future year renewal options shall be contingent upon funds being approved in the CITY's budget for this service. Any additional integrations and customizations previously not specified and requested by CITY will be bid at time and expense by VENDOR and must be approved in writing by CITY prior to commencing work. CITY shall pay for the subscription service for the "Government Outreach GOCity Services" in advance. Advance payments can be made in 6 month or yearly installments at CITY's choosing. Page 11