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2013-28108 Resolution RESOLUTION NO. 2013-28108 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 62-11/12, TO INSTALL AND MAINTAIN AN EXTERNALLY WEB HOSTED SOFTWARE FOR PARKS AND RECREATION; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SECOND-RANKED PROPOSERS: CAPTUREPOINT.COM; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE TOP-RANKED PROPOSER, THE ACTIVE NETWORK; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP- RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE THIRD-RANKED PROPOSER, VERMONT SYSTEMS, INC.; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, on July 18, 2012, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 62-11/12, to Install and Maintain an externally web hosted software for the City of Miami Beach Parks and Recreation Department (RFP); and WHEREAS, RFP No. 62-11/12 was issued on August 15, 2012, with an opening date of September 13, 2012; and WHEREAS, a pre-proposal conference to provide information to the proposers submitting a response was held on August 28, 2012; and WHEREAS, BidNet issued bid notices to 91 prospective proposers, and eight (8) downloaded the solicitation. 15 additional proposers were notified via e-mail, which resulted in the receipt of five (5) responsive proposals; and WHEREAS, on September 26, 2012, the City Manager via Letter to Commission (LTC) No. 245-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Theresa Buigas, Parks and Recreation Analyst, Parks and Recreation Department; • Bob Biles, Applications System Manager, IT Department; • Modesto Mora, Resident and Leadership Academy Graduate; • Jon Groff, Resident and Chairman of the Parks and Recreational Facilities Board; • Bruce Reich, Resident and Leadership Academy Graduate; • Fred Couceyro, Parks and Recreation Director, City of Coral Gables; and • Todd Hofferberth, Parks and Recreation Director, Village of Key Biscayne Alternates • Esther Egozi Choukroun, resident and Scott Rakow Board member; • Meryl Wolfson, member of the Parks and Recreational Facilities Board; and WHEREAS, as per the request of Commissioner Tobin, the Interim City Manager directed the administration to add Christine Florez to the Committee; Committee member Todd Hofferberth, was informed of this change and advised that he no longer was part of the Evaluation Committee; and WHEREAS, the Parks and Recreation department developed a scripted demo outline to be performed by the proposers during their presentation; and WHEREAS, the Committee convened on November 1, 2012 to receive software demonstrations from the five (5) proposers; Committee members Christine Florez and Modesto Mora were not in attendance; and WHEREAS, the Committee was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, with general information on the scope of services, Performance Evaluation Surveys, and additional pertinent information from all responsive proposers; additionally, the Committee engaged on a 15-minute Question and Answer session; and WHEREAS, a motion was presented by Theresa Buigas, seconded by Jon Groff, and unanimously approved by all Committee members, to recommend entering into negotiations with the top-ranked proposers, The Active Network; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Capturepoint.com; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Vermont Systems, Inc; and WHEREAS, after considering the review of the recommendation of City staff and review of overall functionality and pricing, the City Manager exercised her due diligence and is recommending that the Mayor and the City Commission enter into negotiations with second-ranked proposer, Capturepoint.com; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the top-ranked proposer, The Active Network; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the third-ranked proposer, Vermont Systems, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pursuant to Request for Proposals (RFP) No. 62-11/12, , to install and maintain an externally web hosted software for parks and recreation; authorize the administration to enter into negotiations with the second-ranked proposer, Capturepoint.com; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorize negotiations with the top-ranked proposer, The Active Network; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorize negotiations with the third-ranked proposer, Vermont Systems, Inc.; further authorizing the Mayor and City Clerk to execute an agreement upon successful negotiations by the administration. PASSED AND A®®PTE ••'°I�`�' i• - OF Jef 2013. ATTEST: y APPROVED AS TO =1NCpRp FORM &LANGUAGE ORA TED:• - & ORE "CUTION CITY CL RIK R ,/ TAAGENDA12013Wanuary 16X gtV H� Software-RESO.d c i 1 14))3 _Glt /ait mey J Dahe COMMISSION ITEM SUMMARY Condensed Title: A Resolution accepting the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Proposal (RFP) No. 62-11/12, to install and maintain an externally web hosted software for Parks and Recreation;Authorizing the Administration to enter into negotiations with the Second- Ranked Proposers:Capturepoint.Com;And Should The Administration Not Be Successful In Negotiating An Agreement With The Second-Ranked Proposer,Authorizing Negotiations With The Top-Ranked Proposer, The Active Network;And Should The Administration Not Be Successful In Negotiating An Agreement With The Top-Ranked Proposer,Authorizing Negotiations With The Third-Ranked Proposer,Vermont Systems, Inc.; Further Authorizing The Mayor And City Clerk To Execute An Agreement Upon Conclusion Of Successful Negotiations By The Administration. Key Intended Outcome Supported: Increase Satisfaction with Family Recreational Activities Supporting Data(Surveys, Environmental Scan,etc.): Miami Beach Customer Surveys indicates 75%of residents and 68%of businesses rated Miami Beach city government as excellent or good in meeting their needs and expectations. It is expected that these percentages may increase with the addition of this software for Recreation. Issue: Shall the Mayor and City Commission Adopt The Resolution? Item Summa /Recommendation: The City of Miami Beach(the City)solicited responses from qualified software firms to provide an externally hosted software package for the Parks&Recreation Department in the City of Miami Beach.The software is intended to replace the Department's current software, which has slowly become outdated since its installation in 2005. On July 18, 2012, the Mayor and City Commission approved the issuance of Request for Proposals(RFP) No. 62-11/12,which was subsequently issued on August 15, 2012,with an opening date of September 13, 2012.A pre-proposal conference to provide information to the proposers submitting a response was held on August 28, 2012. BidNet issued bid notices to 91 prospective proposers, and eight (8) downloaded the solicitation. 15 additional proposers were notified via e-mail,which resulted in the receipt of the following five (5)responsive proposals: Stadiumroar.com;The Active Network; Capturepoint.com;Vermont System, Inc; and US E Direct ' On September 26, 2012, the City Manager via Letter to Commission (LTC) No. 245-2012, appointed an Evaluation Committee (the "Committee"). The Committee convened on November 1, 2012 and ,recommended entering into negotiations with the top-ranked proposers, The Active Network. After considering the review and recommendation of City staff,the City Manager exercised her due diligence and is recommending that the Mayor and the City Commission enter into negotiations with second-ranked proposer, Capturepoint.com; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the top-ranked proposer, The Active Network; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the third-ranked proposer, Vermont Systems, Inc. ADOPT THE RESOLUTION Advisory Board Recommendation: Financial Information: Source of Amount Account 1 $29,550.00 Account No. 552-2724-000674 2 101nds- I Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: Department Director A9#i 'tart City RoAag r City Manager KS AD MS: ' W KGB T:\AGENDA\2013\January -62-11-12Web Hosted re`Slmary.doc AGENDA ITEM /\AIAMIBEACH � DATE I_ MIAMI BEACH City of Miami Beath, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City mission FROM: Kathie G. Brooks, Interim City Manager. DATE: January 16, 2013 SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF PROPOSALS, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 62-11/129 TO INSTALL AND MAINTAIN AN EXTERNALLY WEB HOSTED SOFTWARE FOR PARKS AND RECREATION; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE SECOND-RANKED PROPOSERS: CAPTUREPOINT.COM; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE SECOND-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE TOP-RANKED PROPOSER, THE ACTIVE NETWORK; AND SHOULD THE ADMINISTRATION NOT BE SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH THE TOP-RANKED PROPOSER, AUTHORIZING NEGOTIATIONS WITH THE THIRD-RANKED PROPOSER, VERMONT SYSTEMS, INC.; FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the Resolution. KEY INTENDED OUTCOME SUPPORTED Increase Satisfaction with Family Recreational Activities FUNDING $ 29,550.00 is available in the following account No. 552-2724-000674 BACKGROUND The City of Miami Beach (the City) solicited responses from qualified software firms to provide an externally hosted software package for the Parks & Recreation Department in the City of Miami Beach. The software is intended to replace the Department's current software, which has slowly become outdated since its installation in 2005. In addition to being able to merge data/history from the City's current software (Rec-Ware Safari), while meeting the City Finance Department's requirements to provide direct deposits into the City's bank account, and updating the City's EDEN Finance Accounting System in order to generate analytical reports, this software is intended to simplify the registration Commission Memorandum—RFP#62-11-12 Parks and Recreation Software January 16, 2013 Page 2 process by allowing residents the ability to not just register and pay on-line for Parks programming, but to manage their own information. This functionality is not available with the Parks Department's current software. The intent is to select new technology which will be easier to use, more customer-friendly and interface directly with the City's current financial system. The Parks and Recreation Department had previously received approval from the City's IT Governance Committee to proceed with selecting replacement software. The provider of the current Parks software, The Active Network, developed a web-based upgrade that provides most of the functionality that was being requested. Staff began negotiations with the vendor for this upgrade, but after more than nine months of discussions, was ultimately unable to reach agreement on certain terms. As such, it was necessary to identify other software providers that may be able to meet the City's needs. SCOPE OF SERVICES The software must meet the Minimum Requirements and should address most, if not all, of the following Parks and Recreation Department needs, both as set forth below. The proposals that do not meet the Minimum Requirements would be deemed non-responsive and would not be evaluated. Minimum Requirements 1. The software must be Web based. 2. The software must interact and interface with City's EDEN Financial System to process Revenue and miscellaneous other Reports. 3. The software must have online registration capability. 4. The software must have Point of Sale. 5. The software must have the ability to create internal and external reports. 6. Proposer must have successfully completed at least five (5) externally hosted Parks & Recreation software packages. Please note that the five (5) externally hosted software packages can reference parks and recreation divisions for municipalities, counties, states, cities, school districts, special agencies, universities, or any other organizational structure of any size, demographic composition or registration volume. Proposer must clearly state the five (5) externally hosted packages already implemented equal to most, if not all the specifications stated in Section II, including software merging of one (1) existing data/history within the past four(4) years. 7. The software must meet the following IT and Finance Requirements: a) Must be PCI Compliant (quarterly reports must be submitted) b) Vendor Supported and Hosted Solution shall have Mobile Capability c) The Application Administration Functions must be a log on to browser base, NOT a direct log-on to the Production Server (merchant account) Commission Memorandum—RFP#62-11-12 Parks and Recreation Software January 16, 2013 Page 3 d) All revenue collected from customers must be deposited into the City's Bank account within no more than three (3) days of collection, including internet based payments such as PayPal. e) Database must be Microsoft SQL compatible D City of Miami Beach's data must be in a separate database Parks and Recreation Department needs: 1. Capabilities for Online Registration with payment plan and scholarship options for the customers. 2. Customer Registration with capabilities for refunds, transfers, billing, create waiting lists, etc. 3. Facility Reservations 4. Point of Sale Feature to include hardware such as receipt printers, inventory scanners, etc. 5. Ability to create internal/external reports such as, but not limited to- Customer History, Customer Profile, Marketing, Financial, Profit/Loss, Rosters, Sign-Outs, Daily Close- Out, etc. 6. Membership Module. 7. The Hosted Support Software should be capable of transferring data/history from current software (Rec-Ware Safari) converting all of the Parks & Recreation data with the new software. 8. Vendor shall be responsible for all Service to the Data Base Website Reporting. 9. All data must be owned by the City. 10. Proposer must provide On-site Training for implementation. 11. The City will reimburse the vendor for their participation fees (percentage) separately. The successful proposer will be responsible for the following tasks during the Pre-planning and project kick-off phases: 1. Meet with staff committee members to review and refine the project methodology. 2. Review the City's current Recreation software for a new development process, including fees charged by the Parks & Recreation Department. 3. Meet with staff from Department. 4. Review relevant prior studies conducted by the City, including existing cost allocation studies and prior studies reconciling revenues and fees. 5. Review historical direct costs and revenues and process for Recreation Programs and Registration. Terra The term of contract will be for three (3) years with the sole option and discretion of the City to renew for two (2) additional one (1) year periods. Commission Memorandum—RFP#62-11-12 Parks and Recreation Software January 16, 2013 Page 4 RFP PROCESS On July 18, 2012, the Mayor and City Commission approved the issuance of Request for Proposals (RFP) No. 62-11/12, to Install and Maintain an externally web hosted software for the City of Miami Beach Parks and Recreation Department (RFP). RFP No. 62-11/12 was issued on August 15, 2012, with an opening date of September 13, 2012. A pre-proposal conference to provide information to the proposers submitting a response was held on August 28, 2012. BidNet issued bid notices to 91 prospective proposers, and eight (8) downloaded the solicitation. 15 additional proposers were notified via e-mail, which resulted in the receipt of the following five (5) responsive proposals: 1. Stadiumroar.com 2. The Active Network 3. Capturepoint.com 4. Vermont System, Inc 5. US E Direct On September 26, 2012, the City Manager via Letter to Commission (LTC) No. 245-2012, appointed an Evaluation Committee (the "Committee") consisting of the following individuals: • Theresa Buigas, Parks and Recreation Analyst, Parks and Recreation Department; • Bob Biles, Applications System Manager, IT Department; • Modesto Mora, Resident and Leadership Academy Graduate; • Jon Groff, Resident and Chairman of the Parks and Recreational Facilities Board; • Bruce Reich, Resident and Leadership Academy Graduate • Fred Couceyro, Parks and Recreation Director, City of Coral Gables • Todd Hofferberth, Parks and Recreation Director, Village of Key Biscayne Alternates Esther Egozi Choukroun, resident and Scott Rakow Board member e Meryl Wolfson, member of the Parks and Recreational Facilities Board; and As per the request of Commissioner Tobin, the Interim City Manager directed the administration to add Christine Florez to the Committee. Committee member Todd Hofferberth, was informed of this change and advised that he no longer was part of the Evaluation Committee. The Parks and Recreation department developed a scripted demo outline to be performed by the proposers during their presentation. The Committee convened on November 1, 2012 to receive software demonstrations from the five (5) proposers. All five (5) proposers provided on-line presentations. Committee members Christine Florez and Modesto Mora were not in attendance. The Committee was provided with an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law. The Committee was also provided with general information on the scope of services, Performance Evaluation Surveys, and additional pertinent information from all responsive proposers. Additionally, the Committee engaged on a 15-minute Question and Answer session. Commission Memorandum—RFP#62-11-12 Parks and Recreation Software January 16, 2013 Page 5 The Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFP, which was as follows: Evaluation Criteria/Factors: Weight Software functionality according to Departmental needs 35 points Consultant(s) experience and past performance with similar projects 20 points Proposed Fees 35 points Methodology and Approach 10 points Additional points, over the aforementioned potential points were to be allocated, if applicable and in accordance to following ordinances. Please note that no points were given to any of the companies since no company claimed Veterans or Local preference. LOCAL PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a Miami Beach-based vendor as defined in the City's Local Preference Ordinance. VETERANS PREFERENCE: The Evaluation Committee will assign an additional five (5) points to Proposers, which are, or include as part of their proposal team, a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise, as defined in the City's Veterans Preference Ordinance. The Committee discussed its individual perceptions of the proposers' qualifications, experience, and competence, and further scored and ranked the proposers accordingly. The Committee's final rankings are as follows: FINAL RANKINGS RFP# 62-11/12 FOR PARKS AND LOW RECREATION Theresa Bob Jon Fred Bruce AGGREGATE SOFTWARE Bui as Biles Groff Cou ce ro Reich TOTALS Ca ture oint.com (83) 2 (95) 3 87 3 74 1 (70) 2 (11) 2 StadiumRoar.com (58) 5 (94) 4 (42) 5 (52) 5 (60) 4 23) 5 US E Direct (64) 4 (96) 2 (86) 4 (65) 3 (40) 5 (18) 4 Vermont Systems (70) 3 (90) 5 (88) 2 (63) 4 (80) 1 (15) 3 Active Network (90) 1 (100) 1 (90) 1 (72) 2 (70) 2 (7) 1 A motion was presented by Theresa Buigas, seconded by Jon Groff, and unanimously approved by all Committee members, to recommend entering into negotiations with the top- ranked proposers, The Active Network; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the second-ranked proposer, Capturepoint.com; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the third-ranked proposer, Vermont Systems, Inc. THE ACTIVE NETWORK'S PROFILE The Active Network was founded in 1999 and is a leading provider of application services technology and marketing access to community service organizations, such as State and Local governments, recreation facilities and the like. The Active Networks currently services over 4,000 local municipalities, parks and recreation Commission Memorandum—RFP#62-11-12 Parks and Recreation Software January 16, 2013 Page 6 departments, non-profits, sports organizations and educational organizations providing recreation management, point of sale, inventory controls, and long list of other related services. The company, based out of San Diego, California has over 450 employees servicing the North America market. The ACTIVEnet product, specifically written to assist Parks and Recreation Departments provides simple to use facility bookings, activity registration, memberships, league scheduling and point of sale transactions while providing strong reporting capabilities and safe audit controls. Appendix "A" provides a summary of the Cost Proposal submitted by The Active Network. MANAGER'S DUE DILIGENCE After considering the review of the recommendation of City staff and review of overall functionality and pricing, the City Manager exercised her due diligence and is recommending that the Mayor and the City Commission enter into negotiations with second-ranked proposer, Capturepoint.com; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the top-ranked proposer, The Active Network; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the third-ranked proposer, Vermont Systems, Inc. The top three (3) ranked proposer's software meet the City's requirements including the ability to provide on-line customer registration, point of sale, and facility reservations. There are three (3) differences in the pricing scheme of the top two proposers: (See Attached Schedule) 1) Online Transaction Fee: One difference between The Active Network and Capturepoint.com is that the Active Network would charge end users online transaction fees of approximately $7,520 when using the system online to reserve a facility or register for a program, while the Capturepoint.com system does not have end user transaction fees. One of the primary goals of purchasing a new Parks and Recreation software is to provide end users with an easy and efficient system to that can be accessed online at any time of day. 2)Initial Year Costs: Capturepoint.com's first year cost to install, train staff and implement the software totals $27,010 vs. The Active Network's first year expected cost of $ 53,685, including the end user on-line transaction fee of$ 7,520. Both costs mentioned are net of hardware costs. 3)Yearly recurring cost: Capturepoint.com's yearly recurring cost totals $ 13,012, which includes their annual per month, transaction and subscription fee vs. The Active Network of $ 36,752, which includes processing and subscription fees. Please note that the City pays an annual maintenance and subscription fee of approximately $7,500 for the Parks and Recreation software currently being used. Although The Active System has a more advanced user interface, The Capturepoint.com software is a significant improvement to the current software being used by the Department. Although it may require some additional programming to fully encompass all functionality required by the Department, the cost of such programming is not expected to be substantial, Commission Memorandum—RFP#62-11-12 Parks and Recreation Software January 16, 2013 Page 7 and the total first year costs is anticipated to be within the budgeted amount of$29,550. The benefit of Capturepoint.com, by not charging transaction fees to the end user, is a likelihood of increased online transactions and a reduced need for repeat users from having to register in person at a City facility. Please refer to Appendix "A" for a summary of the Cost Proposal submitted by all responsive proposers. It must be noted that additional costs will be required for the acquisition of required hardware, which will be determined during the negotiation phase. CAPTUREPOINT.COM`S PROFILE Capturepoint.com has over ten (10) years or experience developing web-based applications and managing data, seven (7) year years of experience in product development, e-commerce and implementation services for web-based registration management software that includes online registration, program, and membership. Capturespoint.com is an online software company that makes it easy for residents to participate within their communities and affordable for community service organizations to operate. Capturepoint.com designs, deploys and supports software that provides online access and e-Commerce to more than 150 organizations such as municipal, educational, and youth sports organizations, including Recreation Departments, Public/Private Pools, Tennis & Golf Clubs, Sports Clubs, Not-for-Profit Associations, School Districts, Parent-Teacher Organizations, Community Schools & Centers, Child Care, or Religious Organizations. Residents enjoy the simplicity of conducting all their community transactions via a single login and password, whether it is registering for our afterschool, summer, soccer, or any other Recreation program. Recreation staff may benefit from reduced paperwork, easy payment collection, and increased productivity. Capturepoint.com's web-based products offer users a comprehensive and integrated set of tools that includes program, membership and reservations data-management combined with in-depth reports, data export, and a powerful e-marketing product line. Products are easy-to- use and most clients can be up and running fairly quickly. Appendix "A" provides a summary of the Cost Proposal submitted by Capturepoint.com. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to request for proposals (RFP) No. 62-11/12, to install and maintain an externally web hosted software for parks and recreation; authorizing the administration to enter into negotiations with the second-ranked proposer, Capturepoint.com; and should the administration not be successful in negotiating an agreement with the second-ranked proposer, authorizing negotiations with the top-ranked proposer, The Active Network; and should the administration not be successful in negotiating an agreement with the top-ranked proposer, authorizing negotiations with the third-ranked proposer, Vermont Systems, Inc.; further authorizing the Mayor and City Clerk to execute an agreement upon conclusion of successful negotiations by the administration. T:\AGENDA\2013\January 16\RFP-62-11-12 Web Hosted Sofware- Memo Final.doc c o O E Ln `� O N O 00 N N M > +• 00 O rn 0 t.0 O O N N C a 00) 0000 ONO Ln c3) C a-1 0 eel M CL Ln 1-1 Ln n c N O m O O Re N O M O o N n w N z o rn Lr rn � �� Ln Ln �c CL c N O m O Ln O N O M O 3 N IJ1 i i i i Ln LA N 1� ^� c V-j Z � C71 O1 Ln > O rl Y`o N O m O Ln O N O M O v o N ,N Ln z o rn Lr +r m Ln d. tn M 3 13 h z a (U to IA L _'' zz U O O y1 O W O L O y = d 3 °^° ko {'' J ,O W 01 C U Q O B Q � M v �- a H v CL Q oc ® can ^ I I H w � O v O p � Q O ni V m � a O V Q S Ln C 0 tr .2 LL Z C� W � O o Ln -o -C 06 v oa as tkO p m � z c c � •c H p o eo L +� cry o c z a L. = :U L •L C S ~ CL c o •c O1 H a a = v u �+ Lu O O c 0 � o c a O1 a a U N ° v � � a LL °' �n `° a )C N •v �i •v u `n a N m �o v !"� c Ln � 'a V° c U c c c ° c a a Q 0 0 7 N 3 ai & L N c c ^ c c Cl. v V N Q Q Q �2 Q E Q N >- - • O +r C c O �^ O a n rn O O O H 0o H Q C O � , 00 r OU O 4J 4J CJ o O rn 3 3 L. O .\-1 OO �' `". . O^O. tNG p v � v � v m v lu m m Lu m Lu m O M R cn s m .4 Ulu Y J c J a-I r1 rl rl rl N N N N m tp Q c� ®® CERTIFICATE OF LIABILITY INSURANCE 5/28/2013) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Kathy Pierce James A Connors Associates Inc. PHONE E. (973)539-9300 FAX Ne:(973)605-1293 225 Madison Avenue ADDRESS: P.O. BOX 336 PRODUCER 00015007 Morristown NJ 07963-0336 INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURERA:Hartford Ins.Co.of the Midwest 37478 INSURER B: E WEBSITY, INC. CAPTUREPOINT.COM INSURER C: 215 E. RIDGEWOOD AVE. INSURER D: Suite 205 INSURER E: RIDGEWOOD NJ 07450 INSURER F; COVERAGES CERTIFICATE NUMBER:13-14 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL 5 POLICY EFF POLICY EXP LIMBS LTR INS WVD POLICYNUMBER MMIDD MMIDUN GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY X PREMISES Ea occurrence $ 300,000 A CLAIMS-MADE FX OCCUR 13SBAKH6196 /15/2013 /15/2014 MEDEXP(ft one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 T POLICY ECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO -- A ALL OVUVED AUTOS KH 13SBA6196 /15/2013 3/15/2014 BODILY INJURY(Per person) $ BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ X HIRED AUTOS (Per accident) ' X NON-ONMED AUTOS $ X UMBRELLA UAB OCCUR EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X. AGGREGATE $ 1,000,000 $ A $ 10 000 3SBAKU6196 3/15/2013 3/15/2014 $ WORKERS COMPENSATION WC STATII OTH- AND EMPLOYERS'LIABILITY y/N ANY PROPRIETOR/PARTNER/EXECUTIVE M N/A E.L.EACH ACCIDENT $ OFFICER/MEMSER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Job location: RFP-62-11/12. The Certificate Holder is afforded "Additional Insured" if such status is required via written contract or agreement per liability policy provision. A11 "contractual liability" is subject to the agreements, conditions and exclusions of the liability policies listed as per for 53008 04 05. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Miami Beach ACCORDANCE WITH THE POLICY PROVISIONS. 1700 Convention Center Drive Miami Beach, FL 33139 AUTHORIZED REPRESENTATIVE J Connors, Jr./KPIERC ACORD 25(2009109) ©1988-2009 ACORD CORPORATION. All rights reserved. INS026(200909) The ACORD name and logo are registered marks of ACORD BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or b. Coverage under this provision does not control of, or over which physical apply to: control is being exercised for any purpose by you, any of your (1) "Bodily injury" or "property damage" that occurred; or "employees", "volunteer workers", any partner or member (if you are (2) "Personal and advertising injury" a partnership or joint venture), or arising out of an offense committed any member (if you are a limited before you acquired or formed the liability company). organization. b. Real Estate Manager 4. Operator Of Mobile Equipment Any person (other than your"employee"or With respect to "mobile equipment" registered in "volunteer worker"), or any organization your name under any motor vehicle registration while acting as your real estate manager. law, any person is an insured while driving such c. Temporary Custodians Of Your equipment along a public highway with your Property permission. Any other person or organization responsible for the conduct of such person is Any person or organization having proper also an insured, but only with respect to liability temporary custody of your property if you arising out of the operation of the equipment,and die, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property;and However, no person or organization is an insured (2) Until your legal representative has with respect to: been appointed. a. "Bodily injury" to a co-"employee" of the d. Legal Representative If You Die person driving the equipment; or Your legal representative if you die, but b. "Property damage" to property owned by, only with respect to duties as such. That rented to, in the charge of or occupied by representative will have all your rights and you or the employer of any person who is duties under this insurance. an insured under this provision. e. Unnamed Subsidiary 5. Operator of Nonowned Watercraft Any subsidiary and subsidiary thereof, of With respect to watercraft you do not own that yours which is a legally incorporated entity is less than 51 feet long and is not being used of which you own a financial interest of to carry persons for a charge, any person is an more than 50% of the voting stock on the insured while operating such watercraft with effective date of this Coverage Part. your permission. Any other person or The insurance afforded herein for any organization responsible for the conduct of subsidiary not shown in the Declarations such person is also an insured, but only with as a named insured does not apply to respect to liability arising out of the operation injury or damage with respect to which an of the watercraft, and only if no other insured under this insurance is also an insurance of any kind is available to that insured under another policy or would be person or organization for this liability. an insured under such policy but for its However, no person or organization is an termination or upon the exhaustion of its insured with respect to: limits of insurance. a. "Bodily injury" to a co-"employee" of the 3. Newly Acquired Or Formed Organization person operating the watercraft; or Any organization you newly acquire or form, b. "Property damage" to property owned by, other than a partnership, joint venture or rented to, in the charge of or occupied by limited liability company, and over which you you or the employer of any person who is maintain financial interest of more than 50% of an insured under this provision. the voting stock, will qualify as a Named 6 Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire Paragraphs a. through f. below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period,whichever is earlier; and Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement,or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision If such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F.—Optional Additional Insured Coverages. the vendor;or a. Vendors (h) "Bodily injury" or "property Any person(s)or organization damage" arising out of the sole s) (referred to negligence of the vendor for its below as vendor), but only with respect to "bodily injury" or "property damage" arising own acts or omissions or those of out of "your products" which are distributed its employees or anyone else acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (i) The exceptions contained in "property damage" included within the Subparagraphs(d)or(f); or "products-completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the oroducts. damage" for which the vendor is obligated to pay damages by (2) This insurance does not apply to any insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from . unauthorized by you; whom you lease equipment; but only (c) Any physical or chemical change with respect to their liability for"bodily in the product made intentionally injury", "property damage" or " by the vendor; personal and advertising injury" caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you b such inspection, demonstration, testing, y or the substitution of parts under person or organization. instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded e. Permits Issued By State Or Political to these additional insureds, this Subdivisions insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision (1) Any person or organization from has issued a permit. whom you lease land or premises, but (2) With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to: of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising (2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or (a) Any "occurrence" which takes (b) "Bodily injury" or"property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises;or f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you;or (a) In connection with your premises; (c) In connection with"your work"and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications;or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion. (b) Supervisory, inspection, 3. Each Occurrence Limit architectural or engineering Subject to 2.a. or 2.b above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", insureds are described in Section D. — Limits "property damage" and medical expenses Of Insurance. arising out of any one 'occurrence" is the How this insurance applies when other Liability and Medical Expenses Limit shown in insurance is available to an additional insured the Declarations. is described In the Other Insurance Condition The most we will pay for all medical expenses in Section E.—Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit No person or organization is an insured with shown in the Declarations. respect to the conduct of any current or past 4. Personal And Advertising Injury Limit partnership, joint venture or limited liability Subject to 2.b.above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by D. LIABILITY AND MEDICAL EXPENSES any one person or organization is the Personal LIMITS OF INSURANCE and Advertising Injury Limit shown in the Declarations. 1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the Declarations and the rules below fix the most The Damage To Premises Rented To You we will pay regardless of the number of: Limit is the most we will pay under Business Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or"suits" brought;or rented to you, or in the case of damage by fire, c. Persons or organizations making claims or lightning or explosion, while rented to you or bringing "suits". temporarily occupied by you with permission of 2. Aggregate Limits the owner. The most we will pay for: In the case of damage by fire, lightning or explosion,the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these. Aggregate Limit shown in the Declarations. 6. How Limits Apply To Additional Insureds b. Damages because of all other "bodily The most we will pay on behalf of a person or injury", "property damage" or "personal organization who is an additional insured and advertising injury", including medical under this Coverage Part is the lesser of: expenses, is the General Aggregate Limit a. The limits of insurance specified in a shown in the Declarations. written contract, written agreement or This General Aggregate Limit applies permit issued by a state or political separately to each of your "locations" subdivision; or owned by or rented to you. b. The Limits of Insurance shown in the "Location" means premises involving the Declarations. same or connecting lots, or premises Such amount shall be a part of and not in whose connection is interrupted only by a addition to the Limits of Insurance shown in street, roadway or right-of-way of a the Declarations and described in this Section. railroad. Page 14 of 24 Form SS 00 08 04 05