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Home My Public Portal AboutResolution No. 23-110 - Piggyback contract with CivicPlus LLCSponsored by: Interim City Manager RESOLUTION NO. 23-110 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO PIGGYBACK GENERAL SERVICE ADMINISTRATION (GSA) CONTRACT GS -35F -0124U WITH CIVICPLUS, LLC. FOR SUBSCRIPTION, HOSTING, SUPPORT, AND MAINTENANCE SERVICES, IN AN AMOUNT NOT TO EXCEED EIGHTY-FOUR THOUSAND FOUR HUNDRED FIFTY DOLLARS ($84,450.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, CivicPlus, Inc. (now CivicPlus, LLC) ("CivicPlus") services are essential, as it hosts the City of Opa-Locka 's website. This company would allow the City of Opa- Locka ("City") to efficiently process credit card payments and assist with the daily functions of Business Licensing, Code Enforcement, Planning and Zoning, Permitting, and the City Manager's Office and City Clerk's Office; and WHEREAS, the City desires to enter into an agreement with CivicPlus, attached hereto as exhibit "A" for subscription, hosting, support, and maintenance services; and WHEREAS, the terms of the contract shall be in effect for one year and provide additional renewals as agreed upon by both parties; and WHEREAS, the annual service fees are subject to a five percent (5%) annual increase, beginning in Year 2 of services; and WHEREAS, the quote from CivicPlus is based on a current General Services Administration contract which qualifies for procurement piggybacking without requiring competitive bidding and relates to software for use by Code Enforcement and Community Development Planning and Zoning. The General Services Administration ("GSA") is an independent agency of the United States government; and WHEREAS, Section 2-318 (3) of the City of Opa-Locka's Code of Ordinances exempts procurement by formal competitive bidding requirements when an agreement is based on a federal government contract; and WHEREAS, pursuant to Solicitation 47QSMD2OR0001, GSA previously awarded a contract CivicPlus, attached as Exhibit "A", for a twenty-year period commencing December 12, 2007 through December 11, 2027 for 2024; for general purpose commercial information technology equipment, software and services; and Resolution No. 23-110 WHEREAS, the City Commission hereby authorizes the Interim City Manager to execute an agreement with CivicPlus, in an amount not to exceed Eighty -Four Thousand Four Hundred Fifty Dollars ($84,450.00) (installation fees of Fifty -Two Thousand Nine Hundred Fifty Dollars ($52,950.00) and an annual license of Thirty -One Thousand Five Hundred Dollars ($31,500.00), to provide subscription, hosting, support, and maintenance services; and WHEREAS, late payment will also increase the costs of services; and WHEREAS, the City Commission finds that it is the best interest of the City to benefit from already negotiated rates and piggyback on the General Services Administration (GSA) Contract GS -35f -0124U with CivicPlus, LLC., attached hereto as Exhibit "A", for general purpose commercial information technology equipment, software and services, and enter into an agreement with CivicPlus, LLC, attached hereto as Exhibit "B", for subscription, hosting, support, and maintenance services, in amount not to exceed Eighty -Four Thousand Four Hundred Fifty Dollars ($84,450.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: SECTION 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. SECTION 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby piggybacks the GSA contract GS -35f -0124U with CivicPlus, LLC., attached hereto as Exhibit "A", for general purpose commercial information technology equipment, software and services, and enter into an agreement with CivicPlus, LLC, attached hereto as Exhibit "B", for subscription, hosting, support, and maintenance services, in amount not to exceed Eighty -Four Thousand Four Hundred Fifty Dollars ($84,450.00). SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors, which do not affect the intent of this Resolution may be authorized by the Interim City Manager, following review by the City Attorney, without need of public hearing, by filing a corrected copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. 2 Resolution No. 23-110 PASSED and ADOPTED this 26th day of July, 2023. John H. ylor Jr., Mayor ATTEST: APPROVED AS TO FORM AND a Flores, City Clerk LEGAL SU _ ICIENCY: Bu T% =tte Norri eeks, P.A. City Attorney Moved by: Commissioner Kelley Seconded by: Vice Mayor Ervin VOTE: 5-0 Commissioner Bass YES Commissioner Kelley YES Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor YES 3 City of Opa-locka Agenda Cover Memo 4 City Manager: Darvin Williams CM Signature: ti - t ki V Commission Meeting Date: 07.26.2023 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading. (EnterXinbox) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Account#: (Enter Fund & Dept) Ex: See Financial Impact Section Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: D Strategic Plan 04/Strategy: (list the specific objective/strategy this item will address) X • • III Sponsor Name City Manager Department: City Manager Short Title: A resolution of the City Commission of the City of Opa-locka approving the City Manager to enter into a contract with CivicPlus for hosting, support, and maintenance services based on GSA Contract GS 35f -0124U. Staff Summary: CivicPlus services are essential, as it hosts the City's website. It also enables the City to efficiently process credit cards payment and assists with the daily functions of Business Licensing, Code Enforcement, Planning and Zoning, Permitting, and the City Manager's and City Clerk's offices. The Statement of Work (SOW) includes subscriptions, hosting, support, and maintenance. The annual service fees are subject to 5% annual increases. The terms of the contract shall be in effect for one year and provide additional renewals as agreed upon by both parties. This quote is based on a current GSA contract which qualifies for procurement piggybacking without requiring competitive bidding and relates to software for use by Code Enforcement and Community Development Planning and Zoning. Financial Impact - The quote indicates installation fees of $52,950 and an annual license of $31,500, for a total of $84,450. These installation and license fees will be charged to IT Software - 85-512528 which has $329,140 available. Proposed Action: It is recommended the City Commission of the City of Opa-locka adopt legislation approving a CivicPlus contract for $84,450 based on GSA Contract GS 35f -0124U for hosting, support, and maintenance services. Attachment: CivicPlus' GSA Contract GS 35f -0124U Cp GSA Statement of Work for Opa Locka, FL GSA Contract GS -35F -0124U us Statement of Work Labor Category GSA Hourly Rate with IFF Hours Total Cost Website Consultant $149.01 0 $0.00 Project Manager $135.86 44 $5,977.84 Network Consultant $135.86 0 $0.00 Wireless Network Technician $135.86 0 $0.00 Programmer $131.48 68 $8,940.64 Graphic Designer $109.57 78 $8,546.46 Writer $109.57 0 $0.00 Server and Network Technician $109.57 96 $10,518.72 Trainer $109.57 0 $0.00 PC Technician $89.41 0 $0.00 Content Developer $80.64 260 $20,966.40 Subtotal $54,950.06 Discount ($2,000.06) Total First Year Fee $52,950.00 Project Implementation and Deployment • CivicGov Core Setup • CivicGov Business Licensing • CivicGov Code Enforcement • CivicGov Planning & Zoning • CivicGov Permitting • CivicGov Pay — Forte • CivicGov Premium GIS (ESRI) Mapping Integration • Unlimited Users — up to 9 Titles • CivicGov ICC Code Integration (population based) Setup • CivicGov Mobile App (Offline Inspections) • SeeClickFix hosted integration with the CivicGov Code Enforcement module. This requires both systems to be configured with the same source parcel data source using a public ArcGIS feature layer (i.e. REST endpoint). • CivicGov Integration with Municode Online Codes for code enforcement, permitting, and inspections • CivicGov Additional Data Import - Permitting • CivicGov Additional Data Import - Code Enforcement • CivicGov Additional Data Import - Business Licensing • CivicGov Additional Data Import - Permitting • CivicGov Additional Data Import - Planning & Zoning • CivicGov Additional Data Import - Code Enforcement 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. CPA03.01.165-0001 Page 1 of 5 cp GSA Statement of Work for Opa Locka, FL GSA Contract GS -35F -0124U Annual Services Fees (Includes Subscription, Support and Maintenance) Total Initial Term $52,950.00 Fees $31,500.00 1. Performance and payment under this Statement of Work ("SOW') by and between Opa Locka, Florida ("Client") and CivicPlus ("CivicPlus") shall be subject to the terms & conditions of the Agreement by and between the General Services Administration and CivicPlus. 2. This SOW shall remain in effect for an initial term beginning at signing and continuing for 1 year (the "Initial Term") from signing. This SOW shall automatically be renewed for any number of additional one year (12 month) terms unless either party provides 60 days' written notice of intent to not renew.. 3. Payment is due 30 days from date of invoice. Unless otherwise limited by law, a finance charge of 1.5 percent (%) per month or $5.00, whichever is greater, will be added to past due accounts. Payments received will be applied first to finance charges, then to the oldest outstanding invoice(s). 4. The Total Initial Term Fees shall be invoiced at signing. 5. Annual Services Fees shall be invoiced on the first day of each Renewal Term and every 12 months thereafter. Annual services, including but not limited to hosting, support and maintenance services, shall be subject to a 5% annual increase beginning in Year 2 of service. 6. CivicPlus Pay Services enables the Client to receive online credit card payments for certain services or products the Client provides via the Client websites or recreation management system supported by CivicPlus. As such, through the Services, CivicPlus facilitates an automated process for redirecting credit card payments to the Client's chosen payment gateways / merchant account processors ("Gateway"). For card payments, CivicPlus will redirect any payments processing to the Client's Gateway, and the Gateway presents the payment form page and processes the card payment. CivicPlus does not transmit, process, or store cardholder data and does not present the payment form. CivicPlus implements and maintains Payment Card Industry (PCI) compliant controls for the system components and applications that provide the redirection services only. 7. The Client will enter into a merchant account agreement with a Gateway provider that is within CivicPlus's network of integrated Gateways. ("Integrated Partner"). Such agreement's terms and conditions will solely enure to the benefit and obligation of the Client; CivicPlus shall not be a party to such agreement. CivicPlus will facilitate contact between the Client and the selected Integrated Partner for contracting purposes and shall integrate the Integrated Partner's Gateway system into the Client's Services. The Client agrees to assume responsibility for ensuring execution of a Gateway contract with the Client's select Gateway provider, to comply with all terms and conditions of such contract, and pay all fees required to maintain the services. The Client acknowledges that the fees set forth in the applicable SOW do not include any transaction, processing, or other fees imposed by the Client's Gateway. 8. The Client is solely responsible for their relationship with their selected Gateway. In no event will CivicPlus: • take part in negotiations, • pay any fees incumbent on the Client or merchant account, or • acquire any liability for the performance of services of any chosen Gateway, including those Integrated Partners. 9. The Client acknowledges switching to a different Gateway after signing this SOW may incur additional fees and require a written and signed modification to this SOW. The Client shall continue to be responsible for negotiating and executing any Gateway agreement as described herein for any additional Gateway changes. The Client understands and agrees that CivicPlus is not liable for any failure of service or breach of security by any Gateway provider selected by the Client, whether such provider is an Integrated Partner or not. 10. If a client change in timeline causes CivicPlus to incur additional expenses (i.e. airline change fees, Client not showing for scheduled meetings that must be rescheduled), Client agrees to reimburse CivicPlus for those fees. Not to exceed $1,000 per CivicPlus resource. 11. CivicPlus shall not be liable for the accuracy, content, interpretation, or use of the Services provided in association with this Agreement. 12. The Customer understands and agrees that the Code Enforcement, Licensing, and Permitting Services are not intended to collect or store any credit card information, financial information, or protected health information and that the Customer shall not collector store any such information in the Services. For the sake of clarity, the Services are not Personal Card Industry (PCI) or Health Insurance Portability and Accountability Act (HIPAA) compliant, and the Customer shall not use the Services for PCI or HIPAA purposes. Ownership & Content Responsibility 13. Upon full and complete payment of submitted invoices for the Project Development and launch of the website, Client will own the Customer Content (defined as website graphic designs, the page content, all module content, all importable/exportable data, and all archived information). V. CPA03.01.165-0001 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 Page 2 of 5 cpGSA Statement of Work for Opa Locka, FL GSA Contract GS -35F -0124U 14. Upon completion of the development of the site by CivicPlus for Client in accordance with Addendum 1, Client will assume full responsibility for website content maintenance and content administration. Client, not CivicPlus, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Content. 15. Client agrees that CivicPlus shall not migrate, convert, or port content or information that could reasonably be construed to be time -sensitive, such as calendar or blog content. Intellectual Property 16. Intellectual Property of any software or other original works created by CivicPlus prior to the execution of this SOW ("CivicPlus Property") will remain the property of CivicPlus. 17. Client shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party any CivicPlus Property in any way; (ii) modify or make derivative works based upon any CivicPlus Property; (iii) create Internet "links" to the CivicPlus Property software or "frame" or "mirror" any CivicPlus Property administrative access on any other server or wireless or Internet -based device; or (iv) reverse engineer or access any CivicPlus Property in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of any CivicPlus Property, or (c) copy any ideas, features, functions or graphics of any CivicPlus Property. The CivicPlus name, the CivicPlus logo, and the product and module names associated with any CivicPlus Property are trademarks of CivicPlus, and no right or license is granted to use them. Taxes 18. It is CivicPlus' policy to pass through sales tax in those jurisdictions where such tax is required. If the Client is tax-exempt, the Client must provide CivicPlus proof of their tax-exempt status, within fifteen (15) days of contract signing, and this SOW will not be taxed. If the Client's state taxation laws change, the Client will begin to be charged sales tax in accordance with their jurisdiction's tax requirements and CivicPlus has the right to collect payment from the Client for past due taxes. Indemnification 19. Client and CivicPlus shall defend, indemnify and hold the other Party harmless, its partners, employees, and agents from and against any and all third party lawsuits, claims, demands, penalties, losses, fines, liabilities, damages, and expenses including attorney's fees of any kind, without limitation, in connection with the operations of and installation of software contemplated by this SOW, or otherwise arising out of or in any way connected with the CivicPlus provision of service and performance under this SOW. This section shall not apply to the extent that any loss or damage is caused by the gross negligence or willful misconduct on the part of either party. Liabilities 20. CivicPlus will not be liable for any act, omission of act, negligence or defect in the quality of service of any underlying carrier or other service provider whose facilities or services are used in furnishing any portion of the service received by the Client. 21. CivicPlus will not be liable for any failure of performance that is caused by or the result of any act or omission by Client or any entity employed/contracted on the Client's behalf. 22. Client agrees that it is solely responsible for any solicitation, collection, storage, or other use of end -users' Personal Data on the website. Client further agrees that CivicPlus has no responsibility for the use or storage of end -users' Personal Data in connection with the website or the consequences of the solicitation, collection, storage, or other use by Client or by any third party of Personal Data. 23. Client understands and agrees that CivicPlus is not liable for any failure of service or breach of security by any merchant account processor gateway provider selected by Client, whether such provider is an Integrated Partner or not. Page 3 of 5 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. CPA03.01.165-0001 c n GSA Statement of Work for Opa Locka, FL iPw GSA Contract GS -35F -0124U Acceptance We, the undersigned, agreeing to the conditions specified in this document, understand and authorize the provision of services outlined in this SOW. Client CivicPlus By: By: Name: Name: Title: Title: Date: Date: V. CPA03.01.165-0001 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 Page 4of5 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 State Postal Code Tax ID # Sales Tax Exempt # Billing Terms Account Rep Info Required on Invoice (PO or Job #) Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ Please list all external sources: Contract Contact Email Phone Ext. Fax Project Contact Email Phone Ext. Fax 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. CPA03.01.165-0001 Page 5 of 5