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Addendum 1 to Agreement for Services capturepolantcom Addendum 1 to Onl ns tools for Pw9rcm.Mernjwrship&ro�Ai 6 4gl en► Agreement for Services 215 E. Ridgewood Ave Ridgewood, NJ 07450 Phone:201-689-2323 Fax:201-689-2123 www.ca 1ptu repo i nt.com Addendum 1 to City of Miami Beach Agreement for Services Capturepoint (the "Company")and City of Miami Beach (the "Client") are parties to the Agreement for Services ("Agreement's, dated as of June 7, 2013 (the "Agreement"). This Addendum 1 to the Agreement("Addendum 1") is entered into by Company and Client as of tvft 2014 ("Addendum 1 Effective Date'. 1. The Agreement is hereby amended by this Addendum 1 to (i) change the Services ("Services') P rovided under the Agreement, Company is hereby directed to make and shall make such changes as follows (the"Changes': A. Agreement is hereby amended by this Addendum 1 to (i) add Hardware to the Agreement as outlined in Table 1. The following applies: a. Hardware Purchase. Any hardware required for this implementation must be purchased, installed and tested by the Client prior to the Implementation Start Date. Capturepoint does not directly guarantee or warrantee any hardware equipment purchased through Capturepoint or from another vendor. Any equipment purchased through Capturepoint is non-refundable. b. Hardware Integration and Support. Hardware including, but not limited to, bar code scanners, web cameras, touch screens, ID printers and credit card swipes purchased from other sources may not have the required programming to work with the Services. Capturepoint does not provide hardware programming or maintenance, and does not guarantee or warrantee hardware purchased via Capturepoint or elsewhere will work with Capturepoint Services. 2. All Services are to be performed in strict accordance with the terms and conditions of the Agreement except as modified herein or by the terms of a previous addendum. 3. Unless expressly stated in this Addendum 1, no other provisions of the Agreement shall be affected by this Addendum 1. 4. Changes to the payment terms of the Agreement, shall be as follows. I Table 1—Hardware Fees' item PAM Quan�ty item Totals - P3500S Single Side Card Printer $ 1,958.00 1 $1,958.00 USB/Ethernet 1-3500500 with(36)Month Warranty - Polaroid YMCKT 3-0100-1 $ 189.00 2 $378.00 P3000/P4000/P3500S/P55500S Series Ribbon(500)Prints Per Ribbon with Cleaning Roller Card and EZ Swab - Microsoft Lifecam HD with Desktop Tripod& $ 169.00 1 $160.00 Light Blue Backdrop - Metrologic Voyager Hand Held Barcode $338.00 1 $338.00 Scanner MS9540 with one day turnaround - Magstipe Reader 3 Track $95.00 1 $95.00 - Cards(500) $ 101.25 2 $202.50 - N]Tax at 7% $219.21 Total $3,350.71 1. Freight not included in Quote. 15% restocking fee on all returned stock items. Client and Version Client Name&Account Number City of Miami Beach;M611723 Agreement of Services Version 2.0 APPROVALS: The signatures below constitute agreement to the terms of this Addendum 1 as of 1 Effective Date. City of Miami Beach Name: 131MrnSjM0&aLa-S Title: C•L' f a:'�e-2+ Signature: Date: 2 I Y ATTEST: Rafael 6.Granado,City Clcrk APPROVED AS TO FORM &LANGUAGE &Fr) AneVi UTION -•-- ... y Att ate 215 E. Ridgewood Ave Ridgewood,NJ 07450 capturepointcom Phone:201-689-2323 Online tools for Program,Membershfp&Paclidy Management Fax: 201-689-2123 www.capturepoint.com May 6, 2013 Maria Estevez Procurement Assistant Director City of Miami Beach 1700 Convention Center Drive Miami Beach, FL 33139 Dear Maria, Thank you for considering CommunityPass Online Registration and Payment Management software. CommunityPass includes a carefully constructed, comprehensive combination of products and services providing: • Support for online, phone-in, mail-in and walk-in registration • Credit card, check and cash payment processing --•-.—Real=time-reporting-and-email-messaging • Self-service site and software administration Our business model, which is based in part on an annual software subscription, requires us to pay attention not just to our customer's initial needs, but to their ongoing needs as our profitability is based on maintaining a high rate of subscription renewals. The result is a strong, personal investment in our customers' ongoing success. We have a great track record and are looking forward to the opportunity to share our success with you. We are pleased to provide the following Agreement for Services for your review. Please feel free to contact us if you have any questions. Sincerely, Joe Oriente Captu repo int.com 201-689-2323 joriente @capturepoint.com i I i 9 Capturepoint Confidential Page 1 5/20/2013 capturepol"hfcom Price Quote Online rack fair Program,Membafshlp&F061111Y Manc9ament 215 E. Ridgewood Ave Ridgewood,N] 07450 Phone:201-689-2323 Fax:201-689-2123 www.capturepdnt.com Fees =IteiTi' `� .�. - -° :�d�: �'• mpT� ri a -' .u�sc i�iti`cilr : e�§� eitli s °Y�-.. j_ "f ,;a,w• e s,k��.;P..fY' A`� n�a�;�•,:;'F'•,`,�I r. •.�.3`':.`�� '" o Account Activation $299.00 $- $299.00 - E-Commerce Integration $499.00 $- $499.00 - Implementation Management $3,500.00 $- $3,500.00 (CommunityPass and 4 modules - Rollout Management(3 months minimum) $2,500.00 $- $2,500.00 - On-site Training—CommunityPass and 4 $2,900.00 $- $2,900.00 modules Travel&Expenses(estimate) $ 1,800.00 $- $1,800.00 - Data Migration $2,500.00 $- $2,500.00 - Customization—Waivers $ 1,500.00 $- $1,500.00 - Customization—Scholarships $2,500.00 $- $2,500.00 - Customization—Attendance $0.00 $- $0.00 -- = $0�0— Customzaton—Rentals 0.00 $_ - Separate CommunityPass Database $0.00 $- $0.00 CommunityPass $0 $2,499.00 $2,499.00 - Membership Manager,Gate Check&POS $0 $3,498.00 $3,498.00 - Reservation Manager Basic $0 $999.00 $999.00 Total $17,998.00 $6,996.00 $24,994.00 A.,.�,l� thorize.net Fees:'..:..." ;:.. i1cn� 5� j s•e jLYd v� RhVA. a I y '1R:i Y;'4. 'isr. cNQ�R7i - Per Month $15 - Per Transaction $.15 - Per Batch $.15 Dates&Point,'of.Contact.. PAX Im lementadon Start Date TBD Launch Date TBD Client Name&Account Number City of Miami Beach;MB11723 Agreement of Services Version 2.0 Point of Contact Name Maria Estevez Title Procurement Associate Director , Address 1700 Convention Center Drive,Miami Beach,FL 33139 Phone 305-673-7234 Email mestevez miamlbeachfl. ov i 4 i Capturepoint Confidential Page 2 5/20/2013 I APPROVALS: The signatures below, or the submission of a purchase order, constitute agreement to the terms of this Agreement and the terms outlined in Appendices A, B, C and D. For City of(Miami Beach; For Capturepoint: --�\Name: _ Name: _ /' Title: �'�S� Title: a _ (L44j� Approval: Approval: /- Date: Date: ATTEST APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION I �G' torn Date Capturepoint Confidential Page 3 5/7/2013 I I ptu rie pc)i nt.co m Agreement for Services Online TONS for program,Membershlp&FOCUR.y Mariagament Client, City of Miami Beach Account#: MB11723 Contact., Maria Estevez,Procurement Associate Director Version; 2.0 The agreement C'Agreement's is made and entered Into as 6. I lementati Schedule.Implementation of Services of this .of 2013('Date� between mp on p ' will be performed within agreed upon setup schedule Capturepoint.com(`Capturepoint ,with principal offices at 215 East Ridgewood Avenue,Suite 205,in Ridgewood,NJ, ("Implementation')that will not exceed sixty(60)days from 07450 and City of Miami Beach("Client'D,with its principal the Implementation Start Date,unless otherwise agreed in place of business located at 1700 Convention Center Drive, writing. For multi-product purchases,CommunityPass Is Miami Beach, FL 33139. always the first product Implemented. 1. Services Capturepoint will provide services 7. Services Fees Fees for Services are either 1)non- ("Services')as defined in the Price Quote and described in recurring fees or 2)subscription fees. Non-recurring Appendix A:Capturepoint Services Description,which Is Services fees are based on estimates.Should the hours incorporated herein by this reference as defined herein. All required for professional services exceed the estimates services"checked"in Appendix A are included as Services to provided,da detailed oint will provide id the written documentation and be provided by Capturepoint for the fees specified in the Price Quote. Capturepoints performance shall be in a providing a new estimate for approval by the Client. competent and professional manner equal to high quality 8. Ownership.Client owns all content and registration performance by a professional services company. data generated via the registration system.Should the 2. Excluded Services. Excluded Services are 1) contract between Capturepoint and Client be terminated for Enhancements,which are system wide change requests whatever reason,Capturepoint will provide all Client data submitted by the Client and il)Customization,which are promptly to the appropriate individual at the Client. changes that Impact only the Client's system. Customization 9, Support Services By signing the Agreement for is defined as custom eligibility, custom pddng,custom Services,Client agrees to the support terms and conditions reports,custom validations,public site design,or other as defined in Appendix B: Capturepoint Support. customized product features. Excluded Services are subject to additional fees and not included in the standard Services, 10. Merchant Banking Fees Banking fees are not included in this Agreement. Bank fees include,but are not limited to: 3. CommunityPass, CommunityPass is Capturepoint's (1)merchant account setup fees which may Include a set up flagship Service. A CommunityPass subscription is based on fee,monthly service and per transaction fees;(ii)additional the number of 1)Organizations and 2)Transactions bank fees which may include a set up fee,monthly service completed as defined in the Price Quote. An Organization is and per transaction fees. an individual entity that operates autonomously. A Transaction is each purchase of a program/product,refund 11, Transaction Processor. A Transaction Processor is a or payment and does not Include transfers or withdrawals. vendor that verifies and authorizes credit card transactions. A subscription does not include any additional Services. Capturepoint will implement Authorize.net as the Transaction Processor. Capturepoint does not support any other 4. Imp/ementatfon Start Date.The Implementation Start Transaction Processor. Capturepoint will not provide Client Date is the date that Capturepoint will begin the support for Authorize.net unless Capturepoint implemented implementation of Capturepoint Services and is defined in the Client's Authorize.net.Transaction Processor fees are the Price Quote. defined In the Price Quote,but are not included in this 5. Launch Date. The Launch Date occurs no later than Agreement. sixty(60)days after the Implementation Start Date,unless 12, Additional Merchant Accounts: This Agreement is for otherwise agreed in writing,and is defined In the Price use of Services with one(1)merchant account,which Quote.The Launch Date is the date that the Client's: 1)site services one(1)Organization. One merchant account becomes available to users via the Capturepoint hosted includes one(1)Card Present(used for in person use) environment,2)final Invoice Is sent upon completion of account and one(1)Card Not Present(used for online use) training 3)the 12-month subscription("Subscription Date'o account. Subscriptions requiring more than one merchant and support("Support')become effective. Capturepoint account are subject to an additional annual fee. Clients that shall provide support services In accordance with Appendix do not Implement Card Present and Card Not Present B:Capturepoint Support. accounts simultaneously are subject to additional set up fees. NOTE.•Capturepoint will not change the Launch Date if the Client fails to f)purchase,Install and test the appropriate 13. Trafnin4. Training Is priced/Service and is Intended to hardware requfred for the Implementation,ff)provide the be"train-the-tralner"sessions. I)The Client is responsible appropriate merchant configuration sheet for the Merchant for coordinating the organizations to attend training; ii) Account,A/)provide the appropriate approvals or iv)provide trainees will train the entire Client's staff;iii)For onsite Cifent policies(e.g. Terms&Conditions,Privacy Policy,and CommunityPass training,Capturepoint will train up to five Refund Policy), v)purchase and set up their Internet service (5)people/Service at no additional cost; iv)Staff will be and id)complete any other Client soecitfc resoonsibilfties as trained at a location designated by the Client during the set forth herein. online training sessions;v)Each trainee wlll have access to a Capturepoint Confidential Page 4 5/20/2013 r computer,so that multiple users can be trained e. IntemetService. Client is responsible for the simultaneously during training sessions;vi)Capturepoint will purchase and set up of their Internet service, provide access to online meeting software during online which is required for the use of Capturepoint training;vii)If any of the above conditions are not met,the Services. Capturepoint does not provide price of training may be altered;viii)Travel&Expenses for Internet service connection support or on-site training are priced separately;Ix)Additional online maintenance. For the best performance of retraining Is recommended per year to handle any retraining Services,Capturepoint recommends using a or staff turnover. The above rules apply. broad-band Internet connection capable of 14. Price Quote. The Price Quote is specifically upload and download speeds of at least iMB incorporated by this reference and sets forth all fees due per second. Capturepoint supports Microsoft and payable from Client for the Services described herein. Internet Explorer versions 7.0 or higher and Firefox Mozilla 3.0 and higher, Capturepoint The Price Quote cost estimate is valid for 90 days from the does not support any version of Safari. Date of this Agreement. 15. Wait Charge. Capturepoint may invoke a$100/day f. E-Commerce. Client is responsible for wait charge if Client does not provide the items listed in providing the merchant configuration sheet(also known as a VAR or tear sheet)to Section 16 prior to the implementation start date. Capturepoint fourteen(14}days after the Capturepoint will notify Client In writing when this charge is Implementation Start Date in order to Invoked. Should the Implementation Schedule change provide Capturepoint with sufficient time to during the course of the project,both parties should provide set up and test E-Commerce, written approval of the new plan. 16. C_UentObAca The following are responsibilities 17. Cloud Q uting. Capturepoint uses web-based that Capturepoint expects of its customers. software that users access from any computer with an Internet connection. The software is hosted by and resides a. Designated Contact.Client will provide a on Capturepoint servers. The software can integrate with single,primary point of contact that will serve the following hardware items,which if using must be as a subject matter expert to quickly resolve purchased,Installed and tested,prior to the launch of Issues that arise during the implementation Capturepoint: and throughout Term of service. 0 Cash drawer, • Receipt Printer b. Hardware Purchase. Any hardware required 9 Digital Camera/Web Cam for this implementation must be purchased, 0 Bar Code Scanner installed and tested by the client prior to the 0 Photo ID Printer Implementation Start Date. Capturepoint bears no responsibility for acquiring 18. Secur . Capturepoint uses advanced technology for hardware. Capturepoint does not directly Internet security. When you access our site,Secure Socket guarantee or warrantee any hardware Layer(SSL)technology protects your information using both equipment purchased through Capturepoint server authentication and data encryption,ensuring that or from another vendor. Any equipment your data Is safe,secure,and available only to registered purchased through Capturepoint is non- users("Users'D In your organization.Client data will be refundable. inaccessible to unauthorized visitors. c. Hardware Intearadon and Support; Capturepoint provides each Client's User with a unique user Hardware including,but not limited to,bar name and password that must be entered each time a User code scanners,web cameras,touch screens, logs on.Capturepoint issues a session cookie("Cookie")only ID printers and credit card swipes purchased to record encrypted authentication information for the from other sources may not have the duration of a specific session.The session Cookie does not required programming to work with the include either the username or password of the user. Services. Capturepoint does not provide Capturepoint does not use Cookies to store other hardware programming or maintenance,and confidential user and session information,but instead does not guarantee or warrantee hardware implements more advanced security methods based on purchased via Capturepoint or elsewhere will dynamic data and encoded session IDs. work with Capturepolnt Services. d. Policies Client is responsible for providing Capturepoint products are hosted In a secure server policy information pertaining to their specific environment that uses a firewall and other advanced rules of operation,such as,Internet Policy, technology to prevent interference or access from outside Code of Conduct,Refund Policy,and Privacy intruders. Policy. The Privacy Policy is posted on the Capturepoint will provide the Client's enrolled participants in Public Site.The Privacy Policy automatically the purchased Services with a physical data segregation of defaults to Capturepoint's Privacy Policy if the the database records,as in a separate Instance of SQL Client does not supply one. The database from other Capturepoint databases. Capturepoint Terms of Use is posted on the Administrator Site. All administrators of the 19. OvetVme charges. Work performed outside of the Services must comply with the Terms of Use. service hours,at the specific request of the Client,are Failure to comply with the Terms of Use subject to overtime charges. Should the Client request policy may result in the suspension or overtime hours,both Client and Capturepoint should provide termination of Services. written approval of the overtime hours. Upon completion of the work,Capturepoint will provide written documentation, Capturepoint Confidential Page 5 5/20/2013 Including a detailed explanation of the overtime hours damage or expenses(including lost profits). Any action by worked. either party must be brought within two(2)years after the 20. Payment. Capturepoint will Invoice Client for cause of action arose. Implementation Fees incurred upon'execution of this 28, Tnte rg ation. This Agreement constitutes the entire Agreement. Capturepoint will invoice for the Annual agreement between the parties pertaining to the subject Subscription fees after training Is complete. Subsequently, matter hereof and supersedes all prior agreements and Capturepoint will submit one annual invoice to the Client. understandings of the parties in connection herewith,and Payment is due within thirty(30)days of Client's receipt of not covenant,representation or condition not expressed In each invoice. Should any invoice remain unpaid for more this Agreement shall affect,or be effective,to interpret, than thirty(30)days,interest shall be paid at a rate of 1.5% change expand or restrict the express provisions of this per month. Agreement. 21. Zar , This agreement shatl have a term of twelve(12) months commencing on the Launch date,unless terminated 29. Modiricatlon ofAgreementby Writing This Agreement as provided In Section 22. This Agreement will automatically may not be modified,amended,waived,extended,changed, renew for additional(12)month terms,provided,however, discharged,assigned or terminated orally or by any act or that the Client may elect at Its sole discretion not to renew failure to act on the part of either party. This Agreement the Agreement without cause,liability or penalty upon prior may be modified,amended,waived,extended,changed, written notice to Capturepoint,at least thirty(30)days prior discharged,assigned or terminated only by an agreement in to expiration of the initial term or of any subsequent renewal writing signed by both parties. terms as the case may be. 30. Assi nA menl: Neither party may assign this Agreement 22. Termination. Either party may,upon giving thirty(30) without the prior written consent of the other,which consent days written notice identifying specifically the basis for such shall not be unreasonably withheld or delayed. notice, terminate this Agreement. In the event this Agreement is terminated,Client shall pay Capturepoint for 31. No Any notice or other communication provided all Services rendered and expenses Incurred prior to the date under this Agreement shall be in writing and shall be of termination. Capturepoint will not pro-rate or return effective either when delivered personally to the other party, funds for the current subscription period. All provisions of or five(5)days following deposit of such notice or this Agreement which are by their nature intended to survive communication into the United States mail(certified mail, the expiration or termination of this Agreement shall survive return receipt requested,or first class postage prepaid), such expiration or termination, facsimile(with confirmation of delivery)e-mail to the point of contact at the email address set forth in this Agreement, 23. State of New Jersey Bus/ness Registration Certificate. or overnight delivery services(with confirmation of delivery), Capturepoint's State of New Jersey Business Registration addressed to such party at the address set forth in this Certificate is located in Appendix C. Agreement. Either party may designate a different address 24. W9., Capturepoint's current year W9 located in by notice to the other given in accordance with this Appendix D, Agreement. 25. Exclusions The Agreement does not include any 32. Force Ma eure.Neither party will be liable for any additional Services that are not set forth in this Agreement, delays or failures to perform due to causes beyond that Additional requirements will be documented and agreed to party's control. prior to the execution of this Agreement. 33. Branding.Client shall not use Capturepoint's name 26. Warran .Capturepoint warrants that its Services will outside Client's organization without Capturepoint's express be performed in a good and workmanlike manner. written consent,which may be withheld by Capturepoint in Capturepoint shall re-perform any work not in compliance Its sole discretion. with this warranty brought to Its attention within a reasonable time(not to exceed sixty(60)days),after that 34. Walver.No delay on the part of either party to this work Is performed. THE PRECEDING IS CAPTUREPOINT'S Agreement in exercising any right,power of privilege under ONLY EXPRESS WARRANTY CONCERNING THE SERVICES this Agreement shall operate as a waiver of any such right, AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER power or privilege. WARRANTIES AND REPRESENTATIONS,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTIES OF 35. Governing Law.This Agreement shall be governed by FITNESS FOR A PARTICULAR PURPOSE, and construed in accordance with the laws of Florida, MERCHANTABILITY,INFORMATIONAL CONTENT,SYSTEMS without giving effect to conflict of law rules. INTEGRATION,NON-INFRINGEMENT,INTERFERENCE WITH ENJOYMENT OR OTHERWISE. 27. L/mitatlon of The sole liability of either party to the other(whether In contract,tort,negligence,strict liability in tort,by statute or otherwise)for any claim in any manner related to this Agreement shall in no event in the aggregate exceed,in the case of Capturepoint's liability,the fees received by Capturepoint for the Services giving rise to the liability,or,in the case of Client,the total fees payable to Capturepoint. In no event shall either party be liable for consequential,incidental,indirect,special or punitive loss, Capturepoint Confidential Page 6 5/20/2013 r APPENDIX A - CAPTUREPOINT SERVICES DESCRIPTION Capturepoint Products Capturepoint is a comprehensive management system that Membership Administration.Create,manage and ' archive membership definitions, including durations, provides online data collection,payment,data management and reporting to cover all aspects of administration. For pricing and membership types. product descriptions,visit www.capturepoint.com/products. Photo ID.Capture,upload and store photographs,print ID badges with photo,name and bar code.Cards can be printed individually or In batch.Includes Integration ® CommunityPass with digital camera and card printer hardware. Activity,Season and Program Administration.Create Suspend/Revoke Members.Identify individual users activity and program definitions and copy to a future and suspend their membership for a period of time or season. revoke membership for the remainder of the season. Capture the reason for the suspension/revocation. Eligibility&Pricing Rule Definitions Define and adjust pricing,including tiered and custom pricing.Define Membership Renewals Identify,generate and export Individual eligibility for all programs,including In- mailing lists of users that have not renewed town/out-of-town,age and gender. memberships for a new season. Enable members to renew membership online without requiring a new card. Automatic Walt/lsts Track and manage registrants that have an interest in a program that has reached Acti&Monitorina.Member attendance will be capacity. recorded and viewable In real-time or via historical reports.Generate statistical reports on membership Transfers and Withdrawals Automatically re-generate activity,suspended/revoked memberships,membership rosters and account balances for registrants that participation and cards printed. request to be moved between programs or withdrawn. Catalog Product Management Allows you to manage Personalized Recel Is.Generate receipts with specific products and items that will appear on your POS instructions for each individual program,including,but transaction screen. not limited to notices,requirements,alerts,locations and contact information. ® Gate Check Transactions Financials and Rosters Select from a list *Requires Membership Manager of reports that provide summary and detailed Guest Passes/Other Fees Track and process guest information about program transactions,financials and passes,merchandise and other fees collected on-site at rosters.Apply filters to alter the contents of each a facility.Integrate USB receipt printer,cash drawer report,view on screen or download to Microsoft Excel. and credit card swipe at any location.POS programs, Withdrawal,Refund and Credit. Remove participants pricing and allowed quantities will automatically adjust from classes. Apply full or partial refunds or credits. based on membership and Individual eligibility. Gate Check.Scan photo ID badges using USB bar code Message Manager. Send professional and reader.Gate check will raise a warning for individuals personalized email messages,as well as track that are already on premises(e.g.re-used card), and schedule email transmissions. individuals with expired,suspended or revoked membership. ❑ Team Manager Shift Management.An optional feature that enables *Requires CommunityPass managers to automatically record cash in drawer at Roster Formation.Assemble teams consisting of start of shift,and closing cash amount at end of shift. coaches and players.Use built-in algorithms,manual View starting and ending balances by user,shift and assignment or custom-designed procedures to assign date range. players and coaches to teams.It can be adapted to Point of Sale. Integrate USB receipt printer,cash meet any combination of rules and conditions. drawer and credit card swipe at any location.POS 0na21n4 Management: Move Individuals between teams programs,pricing and allowed quantities will and automatically remove individuals that withdraw or automatically adjust based on membership and transfer to another program.Queue individuals that Individual eligibility. have signed up and not yet been assigned to a team. ® Reservation Manager Team Rosters Generate,view and download team flew Calendar&Search A View,print and rosters,Including names,contact information and other download daily,weekly,monthly and seasonal required fields, calendars.Filter and search calendars to quickly detect and resolve conflicts,create single reservations,assign , ® Membership Manager reoccurring time blocks and process permits. ' *Requires Workflow Analysis;Includes POS { Create&Maintain Facility Information. Define availability,uses,capacity,ownership,maintenance ' Capturepoint Confidential Page 7 5/20/2013 schedules and closures.Analyze field utilization by family. Monitor parent logins to CommunityPass and comparing past,current and future reservations against resolve Issues reported by families after student upload. unreserved time,closures,maintenance and reserved blocks. Public Site. Family accounts created by the Student Upload process can be verified in five simple steps as Manaoe Accounts.Create and manage accounts for Parents log Into CommunityPass for the first time. residents and organizations that request field and Parents have opportunity to correct data Issues and facility reservations. student assignment to families before starting the registration process.Families are also able to merge Generate Permits Enable residents to pay for permits existing accounts into their new school account. using credit or debit cards.Generate transactional,daily receipts and financial summary reports. Professional Services Capturepoint's experienced professionals are available to ❑ Tuition Manager support the planning, implementation,and optimization of Depfits and Partial Payments. Accept registration Capturepoint Services. For service descriptions,visit deposits and other partial payments,whether it is www.cac)turepoint.com/service weekly or annually. Deduct reoccurring Training Services payments directly from user's bank accounts. Rosters&Sign-In Sheets Download and distribute ® Tralnin . Training includes syllabus,training materials rosters and sign-in sheets to teachers or building and training site.Training reviews the public experience,front desk,and administrator functions per administrators,so they know who should be in the Service. Training is a"traln-the-trainer"service. class or building. Please refer to Agreement of Services Section 16 for Schedule Changes Manage cancellations and additions conditions. and the subsequent financlal implications. Withdrawal, Refund and Credit. Remove participants Consulting Services from classes. Apply full or partial refunds or credits. ® Customization. Capturepoint Services particular to this Agreement of Services,which include CommunityPass, ❑ Fundraiser Manager Membership Manager,Gate Check, Reservation Manager,and POS,are expanded to Include Donations fulfillment.Automatically manage incoming Customization. Customization Includes:Waivers, donations to track against projections or fundraising Scholarships,Facility Rental Requirements,Recording goals. and Reporting Attendance Records,Issuance of Annual Membership Cards and Annual Flags,Residency Status, ® POS(1 location) Waiver Acceptance Status,and Scholarship Levels,and will be made available and operational by Capturepoint Catalog Product Management.Allows you to within an agreed upon timeframe. manage products and items that will appear on your POS transaction screen. ® Implementation Management. Implementation Management identifies all of the areas where CommunityPass will impact existing workflow,policies, Management tool.Complete the actual transactions procedures and marketing,enabling Capturepoint to and monitor transaction history. suggest the optimal approach to implementing Capturepoint products. A dedicated Consultant manages the implementation and organizes weekly E-Commerce integration.Accept credit card payment status meetings. in all locations with direct control over the deposit of funds(e.g.funds are deposited directly into ❑ RenortAnalysis&Design. A Capturepoint Consultant municipality-owned accounts).integrates with magnetic analyzes your existing reports and makes credit card swipe devices. recommendations whether your organization needs 1) pre-built,2)custom,or 3)Report Builder reports. ❑ Bond Manager ® Rollout Management Rollout Management is designed Bond Management. Manage bond information(add, to accommodate unexpected issues that occurs post edit,delete bonds), implementation. Your organization receives access to a dedicated Consultant who organizes weekly status ❑ Student Upload Manager meetings and manages follow up tasks for a specifled time period. Rollout Management commences after Student Ip load.Automate the upload of active students completion of CommunityPass training. Required for from a Student Information System to CommunityPass. phased rollouts,which Includes multi product or Monitor upload status and troubleshoot student data enterprise Implementations. quality issues. ❑ Systems Integration.Capturepoint provides a web Pre-Realstration. Track new families that have been service to automate data export to integrate with created within CommunityPass during the Student Client's ERP system.Note; More changes may follow Upload process. Produce family Welcome Letters that once we recelve requirements from CM8. includes a login and temporary password for each new Capturepoint Confidential Page 8 5/20/2013 I Data Services ❑ Mini Strip Reader. Enables users to swipe credit cards ® Account Setup.Activation of a Capturepoint during a transaction rather than having to manually key credit card numbers. US B interface(6 ft.cable)Is subscription,creation and testing of 1 administrator Included. account,setting of account-specific defaults. (Required). ❑ Web Camera. High-performance webcam with ® _E Commerce Intearation.Connection of a Capturepoint autofocus. account to a merchant provider through a transaction ❑ Outdoor/All Weather Barcode Scanner. Boasting processor and transaction testing to ensure successful plenty of rubber and a protected window,this rugged handoff to processor.In cases where an unsupported outdoor use scanner can withstand wind,rain and merchant is being used,a new custom script will be below-freezing temperatures. written to handle the integration,at an additional cost. (Required with credit card implementation). ❑ Indoor/Outdoor Barcode Scanner. Lightweight, omnidirectional and easy to use. Adjustable stand with ❑ film&I Upload. Migrate your membership database three locking positions is Included. from spreadsheets or a prior system. Capturepoint will merge like records,purge duplicates and upload a clean ❑ ID Card Printer. High quality printing at an affordable membership list. price. Easy to use and reliable,this single-sided card printer makes color card printing low-cost and simple. ❑ Historical Upload. Includes everything in Family Upload plus one year of registration history. ❑ Blankld Cards For printing ID badges. ❑ Program Set Capturepoint analyzes,organizes and ❑ Color Ribbon. For the printers. enters catalog and brochures into the system. ❑ Reservation Set U8, Capturepoint facilities analysis Point of Sale collects,organizes and imports existing facility Information into the Scheduler. ❑ Cash Drawer. For collecting physical cash and checks. ❑ Student Unload Service. Provide the development and ❑ Receipt Printer. A solution for high-volume retail and customization to upload your Student Information hospitality environments that require fast and quiet System(SIS)into CommunityPass. Capturepoint 1) receipt printing. loads the student database, 2)creates family accounts and 3)prepares letters to send to users. El Touch Monitor Touch monitors are designed, developed and built to provide the most cost-effective touch solutions. Hardware Photo ID Systems i I i . I I 1 Capturepoint Confidential Page 9 5/20/2013 APPENDIX B — CAPTUREPOINT SUPPORT Client requests for support of Services will be submitted to the Designated Contact. Requests for service will not be Capturepoint via the Ticket Management System. The Ticket accepted via email. Severity Level 1 tickets will take Management System Is available 24/7 and monitored prioritization over all other cases,unless otherwise advised regularly by Capturepoint support staff. by the Client. Capturepoint will not create tickets directly. SERVICE TICKETS 4. TicketManaaementActivlties Capturepoint will use Acknowledgements,status updates and closure commercially reasonable efforts to manage and address your documentation will be transmitted through the Ticket ticket based on the Severity Level, its complexity,and the Management System. Each incoming request will be support offering purchased. All Ticket Management targets assigned a ticket number,which must be referenced in the and delivery timelines are goals and not commitments,and subject of all correspondence. the actual timing may vary. The Designated Contact must provide Capturepoint with timely responses and any • Regular Service Hours are Monday-Friday,9:00am- information we may reasonable need to address your ticket. 5:00pm Er S.Rguirements Definition& Ticket Prioritization. Client is Time is tracked in half-hour Increments. responsible for describing system changes or enhancements • Requests will be addressed in the order they are In a ticket("Requirements Definition),setting ticket received,unless otherwise specified by Client. priorities and managing the ticket list for Capturepoint, Only tickets that are"Not Started"may be prioritized. Once a To maintain organization and communication with Client, ticket Is"In Progress,"the Client can no longer prioritize the Capturepoint will perform the following tasks for each new ticket. If Capturepolnt defines requirements,the time spent or changed service request. defining requirements may be a billable service. • Classify requests: categorize(bug/problem, 6.Enhancements Enhancements are system wide change enhancement request,maintenance request,question, requests submitted by the Designated Contact via the Ticket or sales request);source of request(public user,board Management System. If approved,Capturepoint will member,etc.);Severity Level. prioritize the enhancement within the product development • Assess and record time estimates for each request. cycle. Completion of the enhancement will vary based on Its • For requests that are estimated to exceed 4 hours, complexity and development priorities. Expediting an Capturepoint requires approval from Client before approved enhancement request is available for a fee. proceeding.If approval is not received in 5 business Capturepoint acknowledges that all Support in Appendix B days,the ticket will automatically be closed. will include enhancements and Customization as defined in • Provide job summary documentation when ticket items Appendix A. are completed. Written client approval will be required Z Bug Fixes Capturepoint will remedy defects or failures to officially close a ticket. within the system. Capturepoint will prioritize bugs based on There are two types of service tickets: critical impact to the system and use commercially reasonable efforts to remedy bugs in a timely manner. Bug • Severity Level 1. The site is wholly or substantially fixes do not include problems caused by Client negligence, inoperable or interrupted. abuse or misapplication;use of Capturepoint products other • Severity Level 2. The site experiences a minor error than as is specified in the product documentation or other and the impact to normal activities is minimal. These tickets beyond the control of Capturepoint. Capturepoint will i tickets include bugs and enhancements. remedy defects or failures within the system to include system failures as it relates to Customization as defined in TERMS Appendix A. 8. Client End User Requests Capturepoint will not accept { 1. Support. Account Support is included with your support requests directly from gient customers—all Capturepoint license and includes 1)Severity Level 1 requests must come through Client.Requests received support 2)telephone support for Severity Level 2 service directly from Client customers will be returned to Client 1 during Regular Service Hours 3)24x7 Email support 4) without a ticket number.Capturepoint provides an online access to CommunityPass Help&Training,5)access to the console for you to update your organization's customer Ticket Management System,and 6)bug fixes. Account service information(i.e.name,phone,email);so that your Support does not include Training,Professional Services or end users can contact your organization with inquiries. Authorize.net support(e.g.chargebacks)unless Capturepoint is the Authorize.net reseller. Technical Support g, Availability of Product.Company will strive to achieve Includes analyzing and resolving issues with the system by a 100%availability of Service,except for scheduled Capturepoint Technical Resource that cannot otherwise be maintenance windows,which Company will perform outside solved by an Account Support representative. Initial analysis of regularly scheduled business hours,when possible. and recommendations is included with your Capturepoint Company will notify Client in advance of scheduled license. Relief for a problem may be a billable service. maintenance. Company technical support will be available 2.Severity Level Hours Severity Level 2 issues only will for Severity Level 1 issue resolution 24 hours a day,7 days a j be handled within normal service hours—Monday through week. Lack of accessibility to the Services because of i Friday 9:00-5:00pm,ET. problems outside the control of Company,as described in this Agreement for Services,will not be counted against this 3. TicketManaaementSystem. All requests for Support availability requirement. must be submitted via the Ticket Management System by a Capturepoint Confidential Page 10 5/20/2013 10.Message Manager. Message manager is a bulk email prevent bulk email messages from being delivered(e.g. delivery tool that transmits multiple email messages within a spam filters). single batch. Bulk email messages are delivered through a 11.Designated Contact Client will provide a single,primary separate engine than transactional email messages such as point of contact that will serve as a subject matter expert to receipts,outstanding payment notices and tuition reminders quickly resolve issues that arise. are processed on a first come first served basis. As a result, bulk email delivery may not occur Immediately after the 12.Customer Support Guide. Capturepoint may from time- request has been submitted. Capturepoint makes every to-time revise its support policy,which will be outlined in the effort to ensure that messages are delivered;however,there Capturepoint Customer Support Guide. are many reasons outside of Capturepoint's control that may f I 1 a A Capturepoint Confidential Page 11 5/20/2013 i I APPENDIX C— State of New Jersey Business Registration Certificate a....�� ..W.q..p._.,_...._......�M.:r-y.:.,... ,e......-...•.. �..,.....K - ..,.a.a.n•.•< .r,� ..vs w .<«.. ... ..... .... «r.... :.h.....rY•..hMr..N.. .a.i.a.<' .. <r`.r...,.�.. } .STATI .OF NEW JERSEY BUSINESS REGISTRATION CERTIFICATE , _ DEPARTMENT of TRS�SUaYi DIVISION,of REVENUE PO 6 254 TR5NION.N:J O�E4 q-82 TAX�"'N-AME: P-T ADE' NUAME: E-wismTY, mc. "CQPTU REPO INT.Ct1M ADDRESS: '!-*-;:iSE QUENCE NUMBER: 215 E RIDGEWOOD.AVE STE.205 RIDGEWOOD.,NJ 0741,. Q739T69 ` EFFECTIVE DATE,.; aSSUANCE DATE: 09128199 02!20108 YDImlor i Neiet Jersey DhAsion of Revenue Capturepoint Confidential Page 12 5/20/2013 I APPENDIX D— W9 Form YY"9 Request for Taxpayer Give Form to the (Rev.December 2011) Identification Number and Certification requester. not Department of the Treasury I ury send to the RS. Internal Revenue SWrs Name(as shown on your Income tax retum) E-Websity,Inc. N Business name/disregarded entity name,if different from above RCapturepoint.com Check appropriate box for federal tax classification: c ' N o El Indlvlduallsole proprietor ❑ C Corporation ❑Q S Corporation ❑ Partnership ❑TrusUestato o E] Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=partnership)► ❑Exempt payed oi ----_--------------------------- ri ❑ Other(see Instructions)► wU' Address(number,street,and apt,or suite no.) Requester's name and address(optional) U P.O.Box 62_8 City,state,and ZIP code u) Ridgewood,NJ 07451 ust account numbers)here(optional) Taxpayer Identification Number(TIN) Enter your nN In the appropriate box.The TIN provided must match the name given on the"Narne"line Social securrty number to avoid backup withholding.For individuals,this is your social security number(SSN).However,for a - resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other I 1 51 entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. Note.If the account Is In more than one name,see the chart on page 4 for guidelines on whose �Employer identification number number to enter. M22 - 3 6 6 6 2 6 9 FgMrn Certification Under penalties of perjury,I certify that: J J r , i I 1.The number shown on this form is my correct taxpayer Identification number(or I am waiting for a number to be Issued to me),and j 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to.backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified'me that I am no longer subject to backup withholding,and i 3. 1 am a U.S.citizen or other U.S,person(defined below). Certification instructions.You must cross out item 2 above if you have,been notifiod by the IRS that you are currently subject to backup withholding i because you have failed to report ail interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an Individual retirement arrangement(IRA),and i generally,payments other than interest and dividen you are not required to sign the certification,but you must provide your correct TIN.See the I 1 Instructions on page 4. I Sign Signature of Here U.S.person► Date► Q 3 General instruc i 4 Note.If a requester gives you J for other than Form W-9 to request your TIN,you must use the requester's form if It Is substantially similar Section references are to the Internal Revenue Code unless otherwise to this Form W-9. i Holed. Definition of a U.S.person.For federal tax purposes,you are Purpose of Form considered a U.S.person If you are: i A person who Is required to file an Information return with the IRS must •An Individual who is a U.S.citizen or U.S.resident alien, 1 obtain your correct taxpayer Identification number(TIN)to report,for •A partnership,corporation,company,or association created or example,income paid to you,real estate transactions,mortgage Interest organized In the United States or under the laws of the United Slates, . 1 you paid,acquisition or abandonment of secured property,cancellation o An estate(other than a.forelgn estate),or of debt,or contributions you made to an IRA. I Use Form W-9 only If you are a U.S,person(including a resident •A domestic trust(as defined In Regulations section 301.7701-7). ' alien),to provide your correct TIN to the parson requesting It(the Special rules for partnerships.Partnerships that conduct a trade or 3 requester)and,when applicable,to: business iii the United States are generally required to pay a withholding I tax on any foreign partners'share of income from such business. i 1.Certify that the TIN you are giving is correct(or you are waiting for a Further,In certain cases where a Form W-9 has not been received,a number to be issued), partnership is required to presume that a partner Is a foreign person, 2.Certify that you are not subject to backup withholding,or and pay the withholding tax.Therefore,If you are a U.S.person that Is a i 3.Claim exemption from backup withholding If you are a U.S.exempt partner In a partnership conducting a trade or business in the United payee.If applicable,you are also certifying that as a U.S.person,your States,provide Form W-9 to the partnership to establish your U.S. allocable share of any partnership Income from a U.S.trade or business status and avoid withholding on your share of partnership income. is not subject to the withholding tax on foreign partners'share of effectvely connected income. if I Cat.No.10231X Form W-g(Rev.12.2011) I j I t Capturepoint Confidential Page 13 5/20/2013 Capturepoint has security measures in place to protect the loss,misuse,and alteration of the Information under our control.While we make every effort to ensure the Integrity and security of our network and systems,we cannot guarantee that our security measures will prevent third-party"hackers"from illegally obtaining this information.We will never sell your information to a third party. How to Access or Modify Your Information Capturepoint offers Users the opportunity to access or modify information provided during registration.To access or modify such information,login to your CommunityPass Family Account. Questions About Capturepoint's Privacy Policy If you have any additional questions about this Privacy Policy or the practices described herein,you may contact: Capturepoint P.O.Box 628 Ridgewood, NJ 07450 Revisions to This Policy Capturepoint reserves the right to revise,amend,or modify this policy and our other policies and agreements at any time and in any manner.Any revision, amendment,or modification will be posted on our website: www.capturepoint.com , 1 I t i i 1 Capturepoint Privacy Policy Your privacy Is very important to us.We want to make your experience using CommunityPass, Capturepoint's flagship product,as enjoyable and rewarding as possible. Capturepoint created this Privacy Policy to demonstrate our firm commitment to privacy and security.This Privacy Policy describes how Capturepoint collects information from users of Capturepoint services(the"Services"), how we use the Information we collect and the choices you have concerning the collection and use of such information. Please read this Privacy Policy carefully. Philosophy The primary objective of CommunityPass is to make it easier for residents,parents and children to participate In community activities and more affordable for organizations within the Community to operate. To that end,following are the founding principles of CommunityPass. 1. To provide a trusted and central location for parents and residents to register themselves and their children for events and activities within their Community. 2. To enable organizations within a community to accept credit card payments at the lowest possible processing cost. 3. To reduce the amount of administration required to process and manage registration data. 4. To enable collaboration and sharing of data across disparate organizations within a community without requiring ongoing coordination or financial commitments between organizations. Terminology • Community.A geographic boundary,usually a municipality,school district or regional area. • Community Account.A combination of CommunityPass family accounts that reside in a specific community and CommunityPass Organizations that service members of the same community.A Community Account consists of the following elements: 1)a public portal that is can be customized for members of the Community;2)a database of family accounts that reside within the Community;and individual organizations servicing the community. • Family Account.A group of one or more individuals that are:1)related or residing in the same residence; and 2)planning to register in the future, are currently registering or have previously registered for an event or activity with an Organization using CommunityPass.A family account is created: 1)directly by a family member from the CommunityPass slgn-up page;2)created by an organization administrator on behalf of the family;or 3)uploaded into CommunityPass by Capturepoint at the request of an organization Administrator. • Family Account Members. Individuals within a family classified as Children or Adults.Each family has an I adult designated as the responsible parent or guardian(RPG).The RPG of a family account Is the recipient of all email and postal mail communication sent or generated through CommunityPass. • Oraanization. A Capturepoint Client that is an association,club, business,government entity or school which requires registration and(optionally)payments prior to or during participation. J • Organization Administrator.An organization employee who is responsible for setup and administration of CommunityPass on behalf of their organization. • Public User("Users").A login and password that enables a CommunityPass family account to view and edit family information, perform and manage registrations for family members and process payments through the CommunityPass Online Portal. • Shared Information.The information stored in CommunityPass for Family Account Members is as follows: • Family:family name, primary address and primary phone • Adult:name, phone, email and(optionally)date of birth • Child:name, grade,gender, birthdate, school Collection and Use of Information Shared information is stored in the CommunityPass database when Family Accounts are created and used to manage each User's account. Shared information is accessible by the Organization Administrator for all organizations within a Community Account. Organizations are prohibited from: 1)using Capturepoint data for any other purpose other than Capturepoint approved programs designed to better serve Users,2)selling,renting or giving Shared Information to any other company, or 3)collecting and storing Social Security,driver's license,or credit card numbers. A complete list of violations can be found in the Capturepoint Acceptable Use Policy. Special Cases It is Capturepoint's policy not to use or share the personal information in ways unrelated to the ones described above. However, Capturepoint may disclose personal information or information regarding use of the Services if,for any reason, in our sole discretion,we believe that it is reasonable to do so, including:to satisfy laws,regulations or other legal requests for such information;to disclose information that is necessary to identify,contact or bring legal action against someone who may be violating our Acceptable Use Policy or other policies;to operate the Services properly; or to protect Capturepoint,our Services, our employees or our Users. "Cookies"and How Capturepoint Uses Them A"cookie" is a small data file that can be placed on your hard drive when you visit certain websites. Capturepoint may use cookies to collect,store, and sometimes track information for statistical purposes to operate and improve the products and services we provide and to manage our network and property. Additionally, be aware that if you visit non-Capturepoint websites where you are prompted to log in or that are customizable, you may be required to accept cookies. Advertisers and partners may also use their own cookies.We do not control use of these cookies and expressly disclaim responsibility for information collected through them. Capturepoint's Commitment to Children's Privacy i Protecting children's privacy Is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and other applicable laws.You must be 18 to use the Services. Capturepoint does not attempt to ask or collect information from any person under the age of 18. Capturepoint recommends that children ask a parent for permission before sending any personal information I anywhere using the Internet. Capturepoint's Commitment to Data Security CAPTUREPOINT TERMS & CONDITIONS 1. OVERVIEW Your use of the Capturepoint Services("Services")is subject to the terms of this Acceptable Use Policy("AUP").This AUP should be read in conjunction with the Agreement of Services for your particular Service and the Capturepoint Privacy Policy. If you do not agree to comply with this AUP,you should immediately stop your use of the Services and notify Capturepoint to close your account.Capturepoint, in its sole discretion,may deny or restrict your use of the Services or immediately terminate your Services if any use under your Capturepoint account violates this AUP. 2. PHILOSOPHY The primary objective of CommunityPass,Capturepoint's flagship product,is to make it easier for residents, parents and children to participate in community activities and more affordable for organizations within the Community to operate, To that end,following are the founding principles of CommunityPass. 1. To provide a trusted and central location for parents and residents to register themselves and their children for events and activities within their Community. 2. To enable organizations within a community to accept credit card payments at the lowest possible processing cost. 3. To reduce the amount of administration required to process and manage registration data. 4. To enable collaboration and sharing of data across disparate organizations within a community without requiring ongoing coordination or financial commitments between organizations. 3. TERMINOLOGY • Community.A geographic boundary,usually a municipality,school district or regional area. • Community Account.A combination of CommunityPass family accounts that reside in a specific community and CommunityPass Organizations that service members of the same community.A Community Account consists of the following elements: 1)a public portal that is can be customized for members of the Community;2)a database of family accounts that reside within the Community;and individual organizations servicing the community. • Family Account.A group of one or more individuals that are: 1)related or residing in the same residence; and 2)planning to register in the future, are currently registering or have previously registered for an event or activity with an Organization using CommunityPass.A family account is created: 1)directly by a family member from the CommunityPass sign-up page;2)created by an organization administrator on behalf of the family; or 3)uploaded into CommunityPass by Capturepoint at the request of an organization Administrator. 1 • Family Account Members. Individuals within a family classified as Children or Adults. Each family has an adult designated as the responsible parent or guardian (RPG).The RPG of a family account is the recipient of all email and postal mail communication sent or generated through CommunityPass. 1 C • Organization. A Capturepoint Client that is an association,club, business,government entity or school which requires registration and(optionally)payments prior to or during participation. • Organization Administrator.An organization employee who is responsible for setup and administration of CommunityPass on behalf of their organization. • Public User("Users").A login and password that enables a CommunityPass family account to view and edit family information,perform and manage registrations for family members and process payments through the CommunityPass Online Portal. • Shared Information.The information stored in CommunityPass for Family Account Members is as follows: o Family:family name,primary address and primary phone o Adult:name,phone,email and(optionally)date of birth o Child:name,grade,gender,birthdate,school 4. CLIENT COMPLIANCE As part of the Services,Client will have access to Shared Information. Shared Information is accessible by the Organization Administrator for all Organizations within a Community Account. Client may use Shared Information to conduct normal business operations within its organization. Client shall use commercially reasonable efforts to prevent unauthorized access to,or use of Shared Information for any other use and notifies Capturepoint promptly of any such unauthorized access or use. If Capturepoint determines the Client is not in compliance,Capturepoint reserves the right to 1)notify the Client that they are in breach of the Agreement of Services and may be subject to Termination,and 2)in our sole discretion,elect to stop providing Services and access to its data,until such time as the Client becomes compliant. 5. UNACCEPTABLE USE The following are examples of uses of the Services that constitute violations of this AUP: • Unauthorized Information Collection. Collecting and storing Social Security,driver's license,and credit card numbers within the CommunityPass database. • Reselling Information. Selling,renting or giving Shared information or other Capturepoint data to any other company. } • Illegal Use.Transmitting,uploading,posting,receiving,storing,or presenting material or data that,intentionally or unintentionally,violates any local,state,national or international law,or any rules or regulations that have the force of law,including,but not limited to,material or data regarding illegal goods or services,illegal substances, prostitution,Illegal drugs, illegal weapons,terrorism,or other conduct that would constitute a criminal offense. • Fraudulent Financial Activity.Making fraudulent offers to sell or buy products,items,or services or to advance any type of illegal financial activity such as"pyramid schemes,""Ponzi schemes,"or fraudulently charging credit cards. 2 1 � • Gambling. Engaging or promoting gambling in violation of any laws. • Harm to Minors. Harming,attempting to harm or exploiting minors in any way,including,but not limited to,the use of the Services(1)to receive,distribute,solicit, present,or store illegal images or URLs containing child pornography,or(ii)to post or disclose personal identifiable information or private information of individuals under the age of 13 or in connection with materials directed towards children under the age of 13 without verifiable parental consent. • Threats&Harassments. Uploading,transmitting or posting any material that(1)threatens,harasses,defames or encourages bodily harm or destruction of property of governments,groups,organizations or individuals,or(1i) espouses,promotes or incites racism or bigotry. • Spamming.Transmitting or facilitating unsolicited commercial email or unsolicited bulk email,including,but not limited to,use of another Internet service to send spam to divert users to your site hosted on or through Capturepoint's network,whether or not the messages were originated by you,under your direction,or by or under the direction of a third party. • Phishin .Attempting to Impersonate any person or entity,engaging in sender address or network header falsification,or forging anyone else's digital or manual signature. • Collection of personal data without consent.Collecting,or attempting to collect,personal information about third parties without their knowledge or consent or under false pretenses. • Canceling Other's Email Messages.Canceling email messages other than your own email messages. • Unauthorized Access.Accessing,or to attempting to access,the accounts of others without their knowledge or consent;or penetrating,or attempting to penetrate,security measures of Capturepoint's or another entity's or person's computer software or hardware,electronic communications system,or telecommunications system, including, but not limited to,misusing or abusing account access and passwords of others;using or distributing tools designed to compromise security of computer systems or networks;or compromising the security of any ' Internet account or website. • Using or Distributing Internet Viruses Worms Troian Horses or Other Destructive Activity that Compromise SecuriLy. Engaging in activities that disrupt or degrade the use of or interfere with the ability of other people to effectively use the network or any connected network system,service or equipment including using or distributing,among other things, Internet viruses,worms,Trojan Horse programs,password guessing programs, decoders,keystroke loggers,cracking tools,packet sniggers,flooding of a network,encryption circumvention devices or unauthorized port scanning. 1 • Spidering, Participating in the collection of a very large number of email addresses,screen names,or other identifiers of others without their prior consent,or participating in the use of software,including spyware, designed to facilitate this activity. In addition,any material or conduct in connection with the use of the Services that Capturepoint believes to be unlawful,offensive or harmful will be considered a violation of this AUP. ' 3 6. REPORTING VIOLATIONS OF THIS ACCEPTABLE USE POLICY Capturepoint requests anyone who believes that there is a violation of this AUP or has a question about this AUP to please direct the relevant information to: support @.capturepoint.com. Anyone who believes the violation involves child pornography should direct the report to support(a-)capturepoint.com. If available,the following information should be provided in the report: • The IP address used to commit the alleged violation • The date and time of the alleged violation, including the time zone or offset from GMT • Evidence of the alleged violation If reporting an email,the email with full header information provides all of the above,as do syslog files. Other situations may require different methods of providing the above information. 7. HOW CAPTUREPOINT ADDRESSES VIOLATIONS OF THIS ACCEPTABLE USE POLICY Capturepoint may,but is not required to, monitor your compliance with the terms this AUP.You acknowledge that Capturepoint has the right, but not the obligation,to pre-screen,refuse,or remove any content available from your use of the Services,including,but not limited to, content that violates the law or the terms of this AUP. If Capturepoint receives a complaint or otherwise becomes aware of any possible violation of this AUP,Capturepoint may, in its sole discretion, initiate an investigation. If Capturepoint determines that a violation of this AUP has occurred (regardless of whether it is unlawful),Capturepoint may take any one or more of the following actions without notice: • Issue warnings:written or verbal • Remove any content that violates this AUP • Suspend your Services for a certain period of time • Terminate your Services • Remove, block or otherwise prevent access to websites • Bill you for administrative costs and/or reactivation charges • Bring legal action to enjoin violations and/or to collect damages, if any,caused by violations. I 8. REVISIONS TO THIS ACCEPTABLE USE POLICY I Capturepoint may revise,amend,or modify this AUP from time to time. Notice of any revision, amendment,or modification will be posted on the Capturepoint Website at www.capturepoint.com on your start pages,by email, and/or in mailings to your Designated Contracts email account and will be effective on the date noted in the posting. By continuing to use the Services after the revisions,amendments or modifications are effective,you accept and agree to abide by them. 9. MISCELLANEOUS The failure of Capturepoint to enforce this AUP will not be construed as a waiver of any right to do so at any time. If any section of this AUP is held invalid or unenforceable,the remaining sections will remain in full force and effect. You agree to indemnify,defend and hold harmless Capturepoint,its subsidiaries,directors,officers and employees against all claims and expenses, including reasonable attorney fees, resulting from any violation of this AUP.This indemnification will survive any termination of your Services or account with Capturepoint.New Jersey law governs this AUP. 4 i i r {I I DATE(MMIDDNYYY) 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 pollcy(les)must be endorsed. if SLIBROGATION IS WAIVED,Subject to the terms and conditlons 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 cT Kathy Pierce James A Connors Associates Inc. AfCN o E (973)539-9300 v o;(913)605-7293 225 Madison Avenue E-MAIL SS:kpierce@ jamesaconnors.com _ ADDRE P.O. Box 336 PRODUCER p0015007 �_j$70MERID . Morristown NJ 07963-0336 (NSURER(S)AFFORDING COVERAGE NAIL# INSURED -INSURER A:Hartford Ins.Co.of the Midwest 37476 INSURER B: E WEBS I TY, INC. CAPTUREPOINT.COM INSURER C: _ 215 E. RIDGEWOOD AVE. INSURER D `0i.iitG 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 POLICY EFF POLICY EXP LIMITS LTR I SR POLICYNUMBER MM1DD MM1DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 j DAMAGE TOTZWrI5D` X COMMERCIAL GENERAL LIABILITY X PREMISES Ea occurre ce $ 300,000 A CLAIMS-MADE 7 OCCUR 139BAKH6196 /15/2013 /15/2014 MED EXP(Any one person) $ 10,000 PERSONAL&ACV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 -- GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO _$ 2,000,000 X JECT POLICY PRO- LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO (Ea INJURY(Per person) $ j A ALL OWNED AUTOS 13SBAKE6196 /15/2013 /15/2014 BODILY INJURY(Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE X HIRED AUTOS (Per accident) $ X NON-01AMED AUTOS Wf $ T � $ r X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000,000 EXCESSIJAB CLAIMS•MAOE X AGGREGATE $ 1,000,000 DEDUCTIBLE $ A X RETENTION $ 10 000 3SBAY,96196 3/15/2013 3/15/2014 _ _ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN i ANY PROPRIETORIPARTNER/EXECIJTIVE N NIA E,L.EACH ACCIDENT $ 1 OFFICERIMEMSER EXCLUDED? � I (Mandatory In NH) EL.DISEASE-EA EMPLOYE $ If yes,describe under —- DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space Is required) j Job location: RF2-62-11/12. The Certificate Holder is afforded "Additional Insured" if such status is required via written contract or agreement per liability policy provision. All "contractual liability" is subject to the agreements, conditions and exclusions of the liability policies listed as per for SS008 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 - Mi.ami Beach, FL 33139 AUTHORIZED REPRESENTATIVE J Connors, Jr./KPSERC ACORD 25(2009109) ©'(988-2009 ACORD CORPORATION. All rights reserved, INS026(200909) The ACORD name and logo are registered marks of ACORD I 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 (1) "Bodily injury" or "property darriage" purpose by you, any of your that occurred; or "employees", "volunteer workers", „ any partner or member(if you are (2) Persona( 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 equipment along a public highway with your c. Temporary Custodians Of 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. r 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 o insured while operating such watercraft with more than 50/o of the voting stock on the p g j effective date of this Coverage Part. your permission. Any other person or 1 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 respect to liability arising out of the operation as a Warned insured does not apply to 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 person or organization for this liability. insured under another policy or would be � 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 j 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 1 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 03 04 05 Page 11 of 24 f 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 at the vendor's premises In However, no such person or organization Is an connection with the sale of the additional insured under this provision If such product; ` person or organization is included as an additional insure d by a n endorsement issu ed (g) Products which, after distribution I 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(s) (referred to damage" arising out of the sole negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products"which are distributed i or sold in the regular course of the vendor's acting on its behalf. However,this 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 f "products-completed operations hazard". (i() Such inspections, adjustments, i (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 course of business, in This insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any j obligated to pay damages by reason of the assumption of insured person or organization from liability in a contract or agreement. whom you have acquired such products, s This exclusion does not apply to or any ingredient, part or container, liability for damages that the entering Into, accompanying or vendor would have in the absence containing such products. 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 with respect to their liability for"bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally it and advertising Injury" by the vender; 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 by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Farm SS 00 08 04 05 i 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 j 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_oth.er.person or organization-who i 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- i 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, most we will pay for company that is'not shown as-a Named Insure -in- - p y the sum of all damages because of ali 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 i "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 g, How Limits Apply To Additional Insureds Declarations. 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 i COMM15SION 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, [nc.; 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 Famil 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 SummarylRecommendation. 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.62-11112,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 email,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. 2452012, 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, Captu repo int.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 �w I �}ndsw 1 $29,550.00 Account No. 552-2724-000674 fil Tota) Financial Impact Summary: City Clerk's Office Le i$g dative Tracking: Alex Denis,_Extension 6641_ T _ sign-oft. Department Director A 'll tart City 104ag r _� City Manage KS AQ KGB TAAG8NDA120131,tanuary -62•11.12web Hosted 1pmxre;Summary,doc " - CID 1AMIBE H AGENDA IT I ry � DATE 223 � -, MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33I39,www.rniamlibeachf.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the y mmission FROM: Kathie G. Brooks, Interim City Manager A 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. 62-11/12, 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. 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. 552-2724-000574 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 datalhistory 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 224 i 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 11, 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) 225 I Commission Memorandum o 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 f) 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-guts, Daily Close- Out, etc. 6. Membership Module, 7. The Hosted Support Software should be capable of transferring data/history from current software (Ree-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 foliowing 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. Term 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. t 226 I { 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. 62-11112, to Install and Maintain an externally web hosted software for the City of Miami Beach Parks and Recreation Department(RFP). RFP No. 62-11112 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; M Bruce Reich, Resident and Leadership Academy Graduate Fred Couceyro, Parks and Recreation Director, City of Coral Gables M 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 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 E engaged on a 15-minute Question and Answer session. 'q 227 Commission Memorandum--RFP#62-11-12 Parks and Recreation Software January 16, 2013 Page 5 The Committee was instructed to snore 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 prints 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 LOW ;��: Theresa Bob Jon Fred Bruce �> AGGREGATE• Biles Groff C u ce ro Reich ' - TOTALS .,3 �,fn::.,.:;: Ca ture oint,com 83 T! 95 3 187 3 74 1 (70) 2 (11)2 StadiumRoar,com 58 5 i 94 4 42 5 52 5 6g 4 ': 23 5 US E_Direct 64 4 96 2 86)4 . (65) 3 (40_5_ tif: (18)4 Vermont Systems (70) 3 (90) 5 (88) 2 63 _4 (15) 3 Active Network i 90 1 140 1 (90) 1 72 2 X792 a' , (7} 1 f A motion was presented by Theresa Bulgas, seconded by Jon Graff, 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 i 228 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'§ 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 Captu repo Int.corn 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)lnitial Year Costs: Capturepoint.com's first year cost to install, train staff and implement the software totals $27,010 vs. The Active Network's first year expected cost of$ 53,585, including the end user on-line transaction fee of$ 7,520. Both costs mentioned are net of hardware costs. 3)Yearly recurring cast: C apt u repo int.com's yearly recurring cost totals $ 13,012, which includes their annual per month, transaction and subscription fee vs. The Active Network of $ 35,752, 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 sorne additional programming to fully encompass all functionality required by the Department, the cost of such programming is not expected to be substantial, i 229 i Commission Memorandum--RPP#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 Capture point.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. Capture point.co m'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 Reach, Florida accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to request for proposals (RIP) 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;WGENDM20Misnuaty WUP-62.11-12 Web Hosted Sofware- Memo Flnal.doc 230 4 u1 N tv.;ti•.�!• Via, k�i• �,,►< - N vi t4 Vn ai Ln to '' vi to v� try cn to /}. t4 n •rl •tr• • o tv o 'tm to. Ln •V1 V1. ?th. U� V� '(/�• t/�. co RSA •! d, r O N l!1 vi. .. O r� C� R 1� x in .�. M `•�' �?' An �':l� �n• yn. •vy •t!1• {,rs. tn. vt• � vs• �.�• 'l!)• •v}. 'V?. :iA S � � �"a s;; :•'': ~: VN ._ ~ ,.. LU CC Pj. •c.► 14 �' - y V :i� u� {� © tz aj Ln CD 44 CL lb �.. G C G ct p Qj ho tn 4 2. C w �;� r v per, * :SP• ,r;4 C? �• Q +', to �. 41 �` �, �' :! H ?•e:•:� ^: 'a .i�4:rfi ;,•,r 1 C �.r-. «w ',�- Q() Q ( 47 plpy} v :! N ',:'t: '.::i, .+.: Xk M in C1 t is R X +., r- 4t t ► h , M ► 01 : j :,.:is :.,' `t;,: h `t C G to cn G H .., N ,.. A ''"" G1 `'L� al '':�'' qp �nr.r•r?, O. C O o to 'o D �'+ a Oa ♦,� •a!., N i n N ti r Al N G7 Qt � Ct M 0 . :sue` ti ko :F+ �+ �+ � t"1 ':L".' "�'• N ;'!Q� � � rs�+��• .L? t d � d � '� � d � � � U tJ �:., � w � � .. �.�'• '•�• •�h. �`. 1�/F `V' VMl• 'V!• N N i 231 RESOLUTION NO. 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. 62-11112, 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. 62-11112, 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 26, 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 Bulgas, 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, Darks 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 232 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.ton 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.eorr; 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 LEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pursuant to Request for proposals (RFP) No. 62-11112, , 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 Mayon and City Clerk to execute an agreement upon conclusion of successful negotiations by the administration, PASSED AND ADOPTED THIS _ CLAY OF ---.2013, ' ATTEST: / rPROVED AS TO i FORM&LANGUAGE &FOR E ' CUTI0N CITY CLERK MAYOR T:1AGEHDA�20131January 16tRFP.62-11-12Web Hostod Software-RESO-dvc 233 THIS PAGE INTENTIONALLY LEFT BLANK 234 Or'�`' Or", 101AMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Reach, Florida 33139,www.miamibecchfl.gov PROCUREMENT DIVISION Tel: 305-673-7490 Fax: 786-394-4002 September 10, 2012 RE: ADDENDUM NO. 1 TO REQUEST FOR PROPOSALS (RFP) NO. 61-11/12 TO INSTALL AND MAINTAIN AN EXTERNALLY WEB HOSTED SOFTWARE FOR THE CITY OF MIAMI BEACH PARKS AND RECREATION DEPARTMENT In response to questions and requests for additional information received by prospective Proposers and the Administration's additional review of the requirements set forth in the RFP, the RFP is hereby amended as follow: 1. The deadline for Proposals and Performance Evaluation Surveys has been changed from September 14, 2012, to September 21, 2012 at 3:00 p.m. II. The sign-in sheet from the RFP Meeting held on August 28, 2012 has been included as part of this Addendum. Ill. The MS Word format of the documents required to be submitted with your proposals are available. Please send an e-mail to mestevez(rmiamibeachfi.gov. IV. It is the intent of the Administration to migrate transaction data from the past three (3) years from the current software, RecWare. Questions and Answers: Q#1: The software must interact and interface with City's EDEN Financial System to process Revenue and miscellaneous other Reports. Do you want to move certain data between Parks system and Eden. A#1: Yes. All financial related information such as payments, refunds, debits and credits to general ledger accounts, revenues, etc... need to be recognized and moved. Q#2: What is the database structure of Eden, and will the integration specs be given to us. A#2: The successful proposer will be required to create and unload file for processing through a standard csv format. Q#3: Do we have to create real time integration or updating of fields between the 2 systems A#3: The interface need to be run on demand. The City will schedule and run the process. Details will be provided for the csv file as mentioned in the previous question. Q#4: Membership Module. What is required of the membership module? RFP No. 62-11/12 Parks and Recreation Software Addendum#1 5129/2013W44�2 t-2 i f I A#4 The Membership Module should allow for the following features: - Create Membership ID's - Take pictures - For the customer to load $$ balances to card - Make payments using membership card - Picture recognition upon entering facilities, etc.. i Q#5: The City will reimburse the vendor for their participation fee (percentage) separately. A#5 If payments to you, the vendor, are made from the city's revenues paid from our customer's fees, then payments must be clearly specified. Example: Paid by Customers = $ 100.00 Due to you, the Vendor= $ 1.00 If on the other hand, payments to you, the vendor, are not contingent on costumer fees, then above scenario does not apply. Q#6: Training (Specify how many days and how much per day) how many users is there to be trained A#6: It is estimated that the training will include 20 to 25 people which will require two (2) to three (3). However, heavy users and administrator may require more training- and follow ups. Q#7: What features does the current system have and the drawbacks A#7: The current system focuses on registration and a participant data base managed solely by the City of Miami Beach. The current system is flexible and allows us to permit scholarships, payment plans, flags balances, family recognition, etc. However, the customer is unable to manage or update their account"on-line". Q#8: Can we get the documentation of the existing software A#8: The current system is RECWARE. At this time, the documentation is not available. Q#9: Are the Performance Evaluations received for the previous RFP valid for this RFP. A#9: Yes. Proposers are reminded to please acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders" questionnaire with the reason(s) for not submitting a proposal. CITY OF MIAMI BEACH Sincerely, Raul J. Aguila Chief Deputy City Attorney (for Procurement Division) RFP No. 62-11/12 Parks and Recreation Software Addendum#1 5/29/2013949Q-042- AAIAMIBEACH CITY OF MIAMI BEACH PRE-PROPOSAL SUBMISSION MEETING SIGN-IN SHEET DATE: August 28,2012 RFP No.: RFP-62-11/12 TITLE: FOR WEB HOSTED SOFTWARE FOR PARKS AND RECREATIONS NAME(PLEASE PRLNT) COMPANY NAME-E-MAIL ADDRESS PHONE# FAX# Mania Estevez Procurement-CMB 305-673-7234 786-394-4002 mestevez miarnibeachfl. ov Procurement-CMB 305-673-7490 Anda Willett The Active Network 858-652-6147 Anda.Willett @activenetwork.com V/ iG}-1 l A T7 f i c �� Cob Ll RFP-62-11/12 RFP No. 62-11/12 Parks and Recreation Software Addendum#1 5/29/20139110/20Q E I REQUEST FOR PROPOSALS RFP # 62-11/12 TO INSTALL AND MAINTAIN AN EXTERNALLY WE S HOSTED SOFTWARE FOR THE CITY OF MIAMI BEACH PARKS AND RECREATION DEPARTMENT RFP Issuance Date: AUGUST 15, 2012. PROPOSAL DUE DATE: SEPTEMBER 14, 2012 AT 3:00 P.M. CONTACT PERSON: MARIA ESTEVEZ, PROCUREMENT ASSISTANT DIRECTOR CITY HALL PROCUREMENT DIVISION,3R0 Floor 1700 Convention Center Drive Miami Beach,FL 33139 Phone: 305.673.7234 Fax: 786.394.4002 E-mail: mestevez @miamibeachfl.gov FARFP-62-1 1-12 Web Hosted Software for Parks and Recreations.docx i I MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax: 786-3944002 PUBLIC NOTICE 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(THE "RFP"). The City of Miami Beach (the City)would like to solicit 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 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. Sealed proposals will be received until 3:00 PM on September 14, 2012 at the following address: City of Miami Beach City Hall Procurement Division - Third Floor 1700 Convention Center Drive Miami Beach, Florida 33139 ANY PROPOSAL RECEIVED AFTER 3:00 PM ON SEPTEMBER 14, 2012, WILL BE RETURNED TO THE PROPOSER UNOPENED, AND WILL NOT BE CONSIDERED. THE RESPONSIBILITY FOR SUBMITTING PROPOSALS BEFORE THE STATED TIME AND DATE IS SOLELY THE RESPONSIBILITY OF THE PROPOSER. THE CITY WILL NOT BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR ANY OTHER ENTITY OR OCCURRENCE. A Pre-Proposal Submission Meeting is scheduled for August 29, 2012 at 10:00 A.M. at the following address: City of Miami Beach City Hall — Fourth Floor 1700 Convention Center Drive City Manager's Large Conference Room Miami Beach, Florida 33139 RFP No;62-11112 5129/20138Q812012 Web Hosted Software for Parks and Recreations 2 of 53 Clty of Mlami Beach Attendance (in person or via telephone) to this Pre-Proposal submission meeting is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the pre-Proposal submission meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# Proposers who are interested in participating via telephone, please send an e-mail to mestevez(aD,miamibeachfl.gov expressing your intent to participate via telephone at least one business day in advance of the meeting. The City also utilizes BidNet for automatic notification of bid opportunities and document fulfillment. This system allows vendors to register online and receive notification of new bids, amendments and awards. Vendors with Internet access should review the registration options at the following website: 11ttp://www.govbids.com/scripts/panhandle/public/homel.asp?utm medium=referral&utm source=MW8FL &utm campaiman=web site. If you do not have Internet access, please call the BidNet support group at 800-677-1997 extension #214. The City also provides bid information on its website, please visit http://web.miamibeachfl.gov/-orocurement. YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSALS IS SUBJECT TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON THE CITY OF MIAMI BEACH WEBSITE: http://www.miamibeachfl.gov/newclty/depts/purchase/bidintro.asp • CONE OF SILENCE -- ORDINANCE NO. 2002-3378 • CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879. • PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344. • DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO. 2002-3363. • CAMPAIGN CONTRIBUTIONS BY VENDORS - ORDINANCE NO. 20033389. • EQUAL BENEFITS ORDINANCE— ORDINANCE NO. 2005-3494. • LOCAL PREFERENCE FOR MIAMI BEACH-BASED VENDORS — ORDINANCE NO. 2011- 3747. • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE CERTIFIED SERVICE-DISABLED VETERAN BUSINESS ENTERPRISES _ ORDINANCE NO. 2011-3748. Any questions or requests for clarifications concerning this RFP shall be submitted in writing (or by e- mail) to the following address: mestevez(a.miamibeachfl.gov; with copies also submitted to the City Clerk: Rafael Granado(a,miamibeachfl.gov All questions or requests for clarifications must be received no later than five (5) calendar days prior to the scheduled RFP submission date. RFP No:62-11/12 I 5/29/201384812012 Web Hosted Software for Parks and Recreations 3 of 53 City of Miami Beach All responses to questions/clarifications will be sent to Proposers in the form of a written addendum. This RFP is not to be construed as an offer by the City of Miami Beach. Proposers interested in pursuing this opportunity are urged to make such investigations and evaluations as they deem advisable, and to reach independent conclusions concerning statements made in this RFP and any Addendum or Addenda issued pursuant thereto. THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO ACCEPT ANY PROPOSAL DEEMED TO BE IN THE BEST INTEREST OF THE CITY, OR WAIVE ANY IRREGULARITY AND/OR INFORMALITY IN ANY PROPOSAL, OR REJECT ANY AND/OR ALL PROPOSALS. Sincerely, Raul J. Aguila Chief Deputy City Attorney (for Procurement Division) RFP No:62-11/12 i 5/29/2013A�'o Web Hosted software for Parks and Rec 4 atiif ns City of Miami Beach r i Ii I MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT"Division Tel: 305.673.7.490 Fax: 786394.4002 RFP No. 62-11/12 NOTICE TO PROSPECTIVE PROPOSERS If not submitting a proposal at this time, please detach this sheet from the RFP documents, complete the information requested, and return to the address listed above. i NO PROPOSAL SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED: i Not responding due to workload issues. i Not responding due to minimum experience requirements. i Not responding due to specifications/scope of services. Not responding due to timely payment issues. OTHER. (Please specify) i We do do not want to be retained on your mailing list for future proposals for the type or product and/or service. I Signature: Title: Company: i I Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from the City's bid list. J� 1 RFP No:62-11/12 1 5/29/2013�1'Q�=o;��z Web Hosted Software for Parks and Recreations City of Mlami Beach MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miainibeachfl.gov PROCUREMENT DIVISION Tel: 305-673-7490, Fax:305-673-7851 TABLE OF CONTENTS PAGE I. OVERVIEW AND PROPOSAL PROCEDURES 7-13 II. SCOPE OF SERVICES 14 Ill. PROPOSAL FORMAT 16 V. EVALUATION/SELECTION PROCESS/ CRITERIA FOR EVALUATION 21-22 VI. SPECIAL TERMS AND CONDITIONS- INSURANCE 23-24 VII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED TO CITY WITH PROPOSAL SUBMISSION - All items outlined as required under Proposal Format (Section III) And Scope of Services/Specifications (Section II) - Signed Insurance Checklist 24 - Proposer Information 25 - Acknowledgment of Addenda 26 - Declaration 27 - Sworn Statement/Section 287.133(3) (a), Florida Statutes - Public Entity Crimes 28-29 - Questionnaire 30-34 - Declaration: Nondiscrimination in Contracts and Benefits 37-39 - Reasonable Measures Application (If Applicable) 40 - Substantial Compliance (If Applicable) 41-43 - Acknowledgement Letter and Disclosure and Disclaimer 44-46 VII. DOCUMENTS TO BE COMPLETED BY CUSTOMERS OF THE RESPONDENTS - Performance Evaluation Letters 47 - Performance Evaluation Survey 48 RFP No:62-11/12 5129124 3nl�n Web Hosted Software for Parks and Recreations 6 of 53 City of Miami Beach l I SECTION I - OVERVIEW AND PROPOSAL PROCEDURES: A. INTRODUCTION / BACKGROUND The City of Miami Beach (the City)would like to solicit 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 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. B. RFP TIMETABLE The anticipated schedule for this RFP is as follows: Pre-proposal submission meeting and site tour August 15, 2012 Deadline for receipt of questions September 4, 2012, at 5:00 p.m. Deadline for receipt of Proposals September 14,2012, at 3:00 p.m. Evaluation Committee meeting October 2012 Commission approval authorizing negotiations October 2012 Contract negotiations November, 2012 Contract Approval November 2012 C. PROPOSALS SUBMISSION An original and ten (10) copies of complete Proposals, plus a CD, must be received no later than 3:00 p.m. on September 14, 2012, at the following address: City of Miami Beach City Hall I Procurement Division -- Third Floor d 1700 Convention Center Drive j Miami Beach, Florida 33139 The original and all copies, plus the CD, must be submitted to the Procurement Division in a sealed envelope or container stating on the outside the Proposer's name, address, and RFP number and title. I No facsimile, electronic, or e-mail Proposals will be considered. THE RESPONSIBILITY FOR SUBMITTING A PROPOSAL IN RESPONSE TO THIS RFP, ON OR BEFORE THE STATED TIME AND DATE, WILL BE SOLELY AND STRICTLY THAT OF THE PROPOSER. THE CITY WILL IN NO WAY BE RESPONSIBLE FOR DELAYS CAUSED BY MAIL, COURIER SERVICE, OR BY ANY OTHER ENTITY OR OCCURRENCE, RFP No:62-11/12 Web Hosted Software for Parks and Recreations 5/29/201391X2012 7 of 53 City of Miami Beach I ANY PROPOSAL RECEIVED AFTER 3:00 P.M. ON AUGUST 29, 2012 WILL BE RETURNED TO THE PROPOSER UNOPENED. PROPOSALS RECEIVED AFTER THE RFP DUE DATE AND TIME WILL NOT BE ACCEPTED AND WILL NOT BE CONSIDERED. D. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS The contract awarded pursuant to this RFP is subject to the City's Equal Benefits Ordinance (as adopted pursuant to Ordinance No. 2005-3494, and as codified in Section 373 of the City Code entitled, "Requirement for City Contractors to Provide Equal Benefits for Domestic Partners; and hereafter referred to as the "Ordinance"). The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. The City shall not enter into any contract unless the bidder certifies that such firm does not discriminate in the provision of Benefits between employees with Domestic Partners and employees with spouses and/or between the Domestic Partners and spouses of such employees. Contractors may also comply with the Ordinance by providing an employee with the Cash Equivalent of such Benefit or Benefits, if the City Manager or his designee determines that the Contractor has made reasonable yet unsuccessful effort to provide Equal Benefits. The Contractor shall complete and return the "Reasonable Measures Application" contained herein, and the Cash Equivalent proposed. It is important to note that Contractors are considered in compliance if Contractor provides benefits neither to employees' spouses nor to employees' Domestic Partners. Attached to this RFP please find the following documents that need to be returned to the City with your Proposal, or if omitted as part of your Proposal submission, within five (5) calendar days after receipt of written request from the City: • Declaration: Nondiscrimination in Contracts and Benefits Form • Reasonable Measures Application Form • Substantial Compliance Authorization Form E. LIVING WAGE REQUIREMENT Pursuant to Section 2-408 of the Miami Beach City Code, as same may be amended from time to time, Proposers shall be required to pay all employees who provide services pursuant to this Agreement, the hourly living wage rates listed below: • Commencing with City fiscal year 2011-12 (October 1, 2011), the hourly living wage rate will be $10.72/hr with health benefits, and $12.17/hr without benefits; and • Commencing with City fiscal year 2012-13 (October 1, 2012), the hourly living rate will be $11.28/hr with health benefits, and $12.92/hr without benefits. The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers (CPI-U) Miami/Ft. Lauderdale, issued by the U.S. Department of Labor's Bureau of Labor Statistics. RFP No;62-11/12 Web Hosted Software for Parks and Recreatlons 5/29/20138"n��9!2 8 of 53 Clty of Miami Beach Notwithstanding the preceding, no annual index shall exceed three percent (3%). The City may also, by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same (in a particular year). Bidders/Proposers' failure to comply with this provision shall be deemed a material breach under this ITB/RFP, under which the City may, at its sole option, immediately deem said bidder/proposer as non- responsive, and may further subject bidder/proposer to additional penalties and fines, as provided in the City's Living Wage Ordinance, as amended. The attached Living Wage Certification form must be executed and submitted as part of your bid/proposal, or if omitted, within five (5) calendar days upon receipt of request from the City. Should the Mayor and City Commission decide to index the Living Wage rates in September of 2013, then the City will notify all contractors/vendors subject to the Living Wage requirements, of such living wage increase; whether the proposed increase will result in a proportionate increase to their contract rates/cost; and; if yes, what are the requested revised billing rates. It is important to note that the City will ONLY allow for an increase to the billing rates proportionate to the living wage increase, plus pertinent taxes (FICA and MICA). F. PRE-PROPOSAL SUBMISSION MEETING A Pre-Proposal Submission Meeting is scheduled for August 29, 2012 at 10:00 AM at the following address: City of Miami Beach City Hall —4t" Floor City Manager's Large Conference Room 1700 Convention Center Drive Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-RFP Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-877-953-3061 (Toll-free North America) (2) Enter the MEETING NUMBER: 8982915# Proposers, who are interested in participating via telephone, please send an e-mail to the contact person listed below, expressing your intent to participate via telephone. G. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA The contact person for this RFP is Maria Estevez, Procurement Assistant Director, who may be reached by phone: 305-673-7234; fax 786-394-4002; or e-mail: mestevezgmiamibeachfl.gov . Communications between a Proposer, bidder, lobbyist, and/or consultant and the Procurement Director are limited to matters of process or procedure. Requests for additional information or clarifications must be made in writing to the Procurement Division. Facsimile or e-mail requests are acceptable. Please send all questions to mestevez(@,miamibeachfl.gov, and copy the City Clerk's Office, Rafael Granado6c miamibeachf1.gov , no later than the date specified in the RFP timetable. RFP No:62-11/12 Web Hosted Software for Parks and Recreations I 5/29/2013W28/2912 9 of 53 f City of Miami Beach { The Procurement Division will issue replies to inquiries and any other corrections or amendments, as he deems necessary, in written addenda issued prior to the deadline for responding to the RFP. Proposers should not rely on representations, statements, or explanations (whether verbal or written), other than those made in this RFP or in any written addendum to this RFP. Proposers should verify with the Procurement Division prior to submitting a Proposal that all addenda have been received. PURSUANT TO THE CITY'S CONE OF SILENCE ORDINANCE, AS CODIFIED IN SECTION 2-486 OF THE CITY CODE, PROPOSERS ARE ADVISED THAT ORAL COMMUNICATIONS BETWEEN THE PROPOSER, OR THEIR REPRESENTATIVES AND 1) THE MAYOR AND CITY COMMISSIONERS AND THEIR RESPECTIVE STAFF; OR 2) MEMBERS OF THE CITY'S ADMINISTRATIVE STAFF (INCLUDING BUT NOT LIMITED TO THE CITY MANAGER AND HIS STAFF); OR 3) EVALUATION COMMITTEE MEMBERS, IS PROHIBITED. H. MODIFICATIONIWITHDRAWALS OF PROPOSALS A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date and letters of withdrawal received after contract award will not be considered. I. RFP POSTPONEMENT/CANCELLATIONIREJECTION The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, Proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive any irregularities in this RFP, or in any Proposals received as a result of this RFP. J. COSTS INCURRED BY PROPOSERS All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and at the sole cost and expense) of the Proposer and shall not be reimbursed by the City. K. EXCEPTIONS TO RFP Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFP, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFP to which Proposer took exception to (as said term and/or condition was originally set forth on the RFP). L. FLORIDA PUBLIC RECORDS LAW i Proposers are hereby notified that all Proposals including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City i provides notice of an intended decision or until thirty (30) days after opening of the Proposals, whichever is earlier. RFP No:62-11/12 I 5/29/2013R�'Av T2 Web Hosted Software for Parks and Re crOeattif ns City of Miami Beach M. NEGOTIATIONS The City reserves the right to enter into further negotiations with the selected Proposer(s). Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer(s) in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that by submitting a Proposal, no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to; approved by the City; and executed by the parties. N. PROTEST PROCEDURE Proposers that are not selected may protest any recommendation for selection of award in accordance with the proceedings established pursuant to the City's bid protest procedures (Ordinance No. 2002- 3344), as codified in Sections 2-370 and 2-371 of the City Code. Protests not timely made pursuant to the requirements of Ordinance No. 2002-3344 shall be barred. O. OBSERVANCE OF LAWS Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFP (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. P. DEFAULT Failure or refusal of the successful Proposer(s) to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a Proposal before such award is made and approved, may result in forfeiture of that portion of any surety required as liquidated damages to the City. Where surety is not required, such failure may result in a claim for damages by the City and may be grounds for removing the Proposer(s) from the City's vendor list. Q. CONFLICT OF INTEREST All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. R. PROPOSER'S RESPONSIBILITY Before submitting a Proposal, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. i RFP No:62-11/12 i 5/29/20138L2nr Web Hosted Software for Parks and Re r atiif ns City of Miami Beach S. RELATIONSHIP TO THE CITY It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. T. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity , and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. U. COMPLIANCE WITH THE CITY'S LOBBYIST LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws, as amended from time to time. Proposers shall ensure that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their Proposals, in the event of such non-compliance. V. CONE OF SILENCE 'This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Cone of Silence requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their Proposal voidable, in the event of such non-compliance. W. DEBARMENT ORDINANCE This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's Debarment Ordinance (as adopted pursuant to Ordinance No. 200-3234, and as codified in Sections 2- 397 through 2-406 of the City Code). ; X. COMPLIANCE WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS This RFP is subject to, and all Proposers are expected to be or become familiar with, the City's ` Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their Proposals, in the event of such non-compliance. i 1� I RFP No:62-11112 5/29/2013 �'�m'�^^� Web Hosted Software for Parks and Recreations of ns City of Miami Beach Y. CODE OF BUSINESS ETHICS Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its bid/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County, Z. AMERICAN WITH DISABILITIES ACT (ADA) Call 305-673-7490/VOICE to request material in accessible format; sign language interpreters (five days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673-7631. AA. ACCEPTANCE OF GIFTS, FAVORS, SERVICES Proposers shall riot offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. RFP No:62-11/12 l 5/29/2013Q�oor2 Web Hosted Software for Parks and Recreations 13 of 53 City of Miami Beach SECTION II -- SCOPE OF WORK/SPECIFICATIONS 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 shall be deemed non-responsive and will not be further 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 11, 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) 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 f) 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. RFP No:62-11112 5/29/2013 'uo Web Hosted Software for Parks and Recreatlons of 53 City of Miami Beach I 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. Term 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. : i � I Rf=P No:62-11/12 i Web Hosted Software for Parks and Recreations i 5/29/2013 9/2942 15 of 53 City of Mlami Beach f SECTION III — PROPOSAL FORMAT Proposals must include the following documents, each fully completed and signed, as required. If any items are omitted, Proposers must submit the documentation within five (5) calendar days upon request from the City, or the Proposal may be deemed non-responsive. NOTWITHSTANDING THE PROCEEDING SENTENCE, THE CITY WILL NOT ACCEPT THE PRICE PROPOSAL FORM AFTER DEADLINE FOR RECEIPT OF PROPOSALS. 1. Table of Contents: Outline in sequential order the major areas of the Proposal, including enclosures. All pages must be consecutively numbered and correspond to the table of contents. 2. Proposal Points to Address: a) Introduction letter: Outline the Proposer's professional specialization; provide past experience,to support the qualifications of the Proposer. b) References: List at least five (5) client references, to include contact name, title, company, address, telephone number, e-mail address, fax number. C) Qualifications of Proposer/ Management Team and Key Personnel: Outline in detail the experience and qualifications of the business and individual members of the Proposer entity and experience of Proposer and/or Proposer members in providing similar projects/programs as the one proposed. Provide an organizational chart of all personnel and consultants to be used on this project/program and their qualifications. A resume of each individual, including education, experience, and any other pertinent information, shall be included for each team member assigned to this Project. d) Past Performance Client Survey Information: Past performance information will be collected on all Proposers. Proposers are required to identify and submit their best projects. Proposers will be required to send out Performance Evaluation Surveys to each of their clients. Please provide your client with the Performance Evaluation Letter and Survey attached herein on pages 41 and 42, and request that your client submit the completed survey to Maria Estevez, at (Fax) 786-394-4002 or (e-mail) mestevez(cDmiamibeachfl.gov. Proposers are responsible for making sure their clients return the Performance Evaluation Surveys to the City. Proposers are solely responsible for making sure their clients return the Performance Evaluation Surveys to the City. The City reserves the right to verify any information submitted throughout this process. Such verification may include, but is not limited to, speaking with current and former clients, review of relevant client documentation, site- visitation, and other independent confirmation of data. THE CITY WILL NOT ACCEPT CLIENT SURVEYS SENT TO THE PROCUREMENT DIVISION FROM THE OFFICE OF THE PROPOSER. IN ORDER TO BE RFP No:62-11/12 5/29/20138/28/2012 Web Hosted Software for Parks and Recreations 16 of 53 City of Miami Beach CONSIDERED, SURVEYS MUST BE SENT TO THE PROCUREMENT DIVISION DIRECTLY FROM YOUR CLIENT'S OFFICE(S). e) Methodology and Approach for the Project. The Proposer must specifically describe its Proposal methodology and approach. f) Cost Information / Revenue 'to the City: Proposers shall submit the cost proposal with fee information in an Excel spreadsheet format, See Cost Proposal located in page 17. Notwithstanding any cost submitted, the City reserves the right to further negotiate same with the successful Proposer. g) Proposers shall submit any other such supporting documentation as they deem necessary to demonstrate their capability to provide and implement the services as outlined in this RFP. h) Acknowledgment of Addenda: (IF REQUIRED BY ADDENDUM) and Proposer Information forms. i) Provide Certified Minority Business Certification documentation, Local Preference, and/or Veterans Preference (if applicable) (State of Florida or Miami-Dade County). j) Acknowledgment Letter and Disclosure and Disclaimer 4 k Any other documents required by this RFP. I The City reserves the right, in its sole discretion, to request additional information from y Proposers following review of the initial Proposal submissions. i 1 i RFP No:62-11112 i 5l29/2013 /2A� Web Hosted Software for Parks and Recreations 17 of 53 City of Miami Beach COST PROPOSAL RFP No. 62-11/12 -TO INSTALL AND MAINTAIN AN EXTERNALLY WEB HOSTED SOFTWAREFOR THE CITY OF MIAMI BEACH PARKS AND RECREATION DEPARTMENT PROPOSER'S NAME: Software Cost to include software module fees and any other expense related to the acquisition of the software. $ Professional Services/ Project Management and Implementation Costs $ _ Maintenance and transaction fees, if applicable $ Cost of software updates, if applicable $ Travel and Expenses $ Data Conversion: Proposers are required to submit price and an itemized description of the conversion of historical data from the City's current system included in this price proposal such as how many years of data history and $ what transactions, balances, fields, names, address, profiles, etc will be transferred into the new system. Training (specify how many days and how much per day) TOTAL COST $ _ RFP No:62-11/12 5/29/2013gi2o2;2 Web Hosted Software for Parks and Recreations ns City of Miami Beach �?. �: r k�,:'•' �, ;�"":`';ICA(NIMII E U RENIENT .Y�.zs:�:. �,.,:rnr . -.�-c•� �.. �..�T-. :.;;, � .t •.. <� A11 SYSTE :FE ltifl_`R. Q I S_��,,. o° M: ATURE�;1x r `. �' �y4 r.'�a: �t•'- ,,;'C' `�.; -I Sal -; Q�IIi�/"yi ?�c ;� t►! y r �° . rst• t is .>..'S'1R'.. .t :....._:i.a.r.;._..-�.�.....Nki.�.:,.-.x :: .. `1...c:.:.. ....:a2't� ...,.s�.: .. .:I. :�c`'.. Sz•; .•F..>��` .... <.1:_:. Does your system provide for the following requirements or functionalities? Response Catedory (1) Included/Yes/No (MM) Minimum Modification. (3P) 3`d Party. (SM) Significant Modification. (N) Not available. (FR) Future Release. $$$$$=Cost to modify your system to meet requirement or functionality. If no additional cost,indicate"None" ♦.Ji,+.T iow �` '' v aN , � ai 4a, nn�3j .. ,l?4i L ? .YESP `.��.'�.'. The software must be Web based ^ + The software must interact and interface with City's EDEN Financial System to process Revenue and miscellaneous other Repo. The software must have online registration capability__ The software must have Point of Sale The software must have the ability to create internal and external reports Vendor must have successfully completed at least five(5)externally hosted software packages,for a Parks & Recreation equal to most, if not all the above specifications, including software merging of an existing data/history within the past four ears ;�}s >'•f-1� �`�•1"J^-'n"��"';P et '$.T-t •c<'.Y.�. - �.�' lf')•�g 1w; KO— Must .. LT '��Fj to >.• i.?S` Sc�S * -1,' ; s,tiMvTi' t Liu• :S}. ;s rsY ' . r: .. i.° yz• be PCI Compliant(quarterly reports must be submitted) Vendor Supported and Hosted Solution shall have Mobile Capability The Application Administration } Functions must be a log on to browser base, NOT a direct log-on to the j Production Server(merchant account) All revenue collected from customers ' must be deposited into the City's Bank 1 account within no more than three(3) days of collection, including Internet 1 based payments such as Pay Pal. Database must be Microsoft SQL compatible City of Miami Beach's data must be in 1 a separate database 5129120138128/2012� Web Hosted Software for Parks and Recreations 19 of 53 City of Miami Beach -�Fal Capabilities for Online Registration with payment plan and scholarship options for the customers _ Customer Registration with capabilities for refunds, transfers, billing, create waiting lists, etc. Facility Reservations Point of Sale Feature to include hardware such as receipt printers, inventory scanners, etc... 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... Membership Module 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. Vendor shall be responsible for all Service to the Data Base Website Reporting. All data must be owned by the City Proposer must provide On-site Training for implementation. The City will reimburse the vendor for their participation fees (percentage) separately I RFP No:62-11/12 t 5/29/2013849=4 K Web Hosted Software for Parks and Recreations 20 of 53 M City of Miami Beach t i SECTION V_ EVALUATION/SELECTION PROCESS The procedure for Proposal evaluation and selection is as follows: 1. The procedure for response, evaluation and selection will be as follows: 1. The RFP will be issued after City Commission approval is received. 2. A Pre-Proposal Submission Meeting with Proposers will be conducted. 3. All timely received Proposals will be opened and listed. 4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Proposal in accordance with the requirements set forth in the RFP. If further information is desired, Proposers may be requested to make additional written submissions or oral presentations to the Evaluation Committee. 5. The Evaluation Committee will recommend to the City Manager the Proposer or Proposers that it deems to be the best candidate(s) by using the following evaluation criteria: Evaluation Criteria 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 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. 6. The City Manager shall recommend to the City Commission the Proposal or Proposals which he deems to be in the best interest of the City. 7. The City Commission shall consider the City Manager's recommendation and, if appropriate, approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. - 8. Negotiations between the City and the selected Proposers will take place to arrive at an agreement. If the Mayor and Commission has so directed, the City Manager may proceed to negotiate a contract with a Proposer other than the top-ranked Proposer if the negotiations with the top-ranked Proposer fail to produce a mutually acceptable contract within a reasonable period of time. i RFP No:6211/12 i 5129/2013R�'Qo� �2 Web Hosted Software for Parks and Recreations 21 of 53 City of Miami Beach fI I 10. The final agreement(s) is presented to the Mayor and Commission for approval. 11. If the agreement(s) are approved by the Commission, the Mayor and City Clerk shall sign the executed contract(s)after the Proposer(s) has (or have) done so. BY SUBMITTING A PROPOSAL, ALL PROPOSERS SHALL BE DEEMED TO UNDERSTAND AND AGREE THAT NO PROPERTY INTEREST OR LEGAL RIGHT OF ANY KIND SHALL BE CREATED AT ANY POINT DURING THE AFORESAID EVALUATION/SELECTION PROCESS UNTIL AND UNLESS A CONTRACT HAS BEEN AGREED TO AND SIGNED BY BOTH PARTIES. The City expects vendors to respond in a factual manner, clearly identifying software that is fully released, in testing, or slated for future release for each functional requirement. During the Evaluation Process, the proposer will be evaluated by an Evaluation Committee and/or representatives from the Parks & Recreation Department and Information Technology Department to ensure that the software proposed meet the minimum requirements as specified in the RFP. Based on a preliminary evaluation of the RFP, the Evaluation Committee may short List several proposers and invite them to participate in Scripted Demonstration Meetings or Software Demos. The selected proposers will be notified in writing or email. Scripted Demos: The functional and technical product demonstrations may be presented to the Evaluation Committee by the short listed proposers according to a pre-defined script. All proposers should follow this script during their demonstration process. The evaluation criteria for the demonstration process may include adherence to the script as well as the ability to successfully demonstrate the product's ability to meet the functional and technical requirements. The City reserves the right to request additional information, interviews, follow-up demonstrations, or any other type of clarification of proposal information it deems necessary to evaluate the final proposers. Software Demonstration In addition to scripted functional demonstrations, the City may provide a pre-determined amount of time for the Proposer to show any system functionality that may have not been presented during the scripted demonstration. Site Visits The City may also choose to conduct site visit(s) to the software proposers' headquarters and/or proposer's clients as part of the evaluation process. The site visits may be used to determine the successful vendor, and may be conducted following the scheduled software demonstrations of the short listed proposers. The City may select the sites to be visited at its own discretion. The object of the site visit may be to assess the following: • Assessment of the vendor's service during system implementation. • Assessment of the quality of vendor's ongoing support. • Overall user satisfaction with the system. RFP No:62-11/12 Web Hosted Software for Parks and Recreations 5/29/20138;28/2012 22 of 53 City of Miami Beach SECTION VI — SPECIAL TERMS AND CONDITIONS: INSURANCE The successful Proposer(s) shall obtain, provide and maintain, during the term of the contract, the following types and amounts of insurance, which shall be maintained with insurers licensed to sell insurance in the State of Florida and have a B+ VI or higher rating in the latest edition of AM Best's Insurance Guide: Commercial General Liability. A policy including, but not limited to, comprehensive general liability, including bodily injury, personal injury, property damage, in the amount of a combined single limit of not less than $1,000,000. Coverage shall be provided on an occurrence basis. The City of Miami Beach must be named as certificate holder and additional insured on policy. 1. Workers' Compensation and Employer's Liability per the statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). i 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. Worker's Compensation. A policy of Worker's Compensation and Employers Liability Insurance, in accordance with worker's compensation, laws as required per Florida Statutes. Said policies of insurance shall be primary to and contributing with any other insurance maintained by Proposer or City, and shall name the City of Miami Beach, as an additional insured. No policy can be canceled without thirty(30) days prior written notice to the City. ' i The successful Proposer(s) shall file and maintain certificates of all insurance policies with the City's Risk Management Department showing said policies to be in full force and effect at all times during the course of the contract. Such insurance shall be obtained from brokers of carriers authorized to transact insurance business in Florida and satisfactory to City. i Evidence of such insurance shall be submitted to and approved by City prior to commencement of any work or tenancy under the proposed contract. If any of the required insurance coverages contain aggregate limits, or apply to other operations or tenancies of Proposer(s) outside the proposed contract, Proposer(s)shall give City prompt written notice of any incident, occurrence, claim settlement or judgment against such insurance which may diminish the protection such insurance affords the City. Proposer(s) shall further take immediate steps to restore such aggregate limits or shall provide other insurance protection for such aggregate limits. FAILURE TO PROCURE INSURANCE: The successful Proposers' failure to procure or maintain required the insurance program shall constitute a material breach of the contract. RFP No:62-11112 Web Hosted Software for Parks and Recreations I 5/29/20138,28i20!2 23 of 53 City of Miami Beach INSURANCE CHECK LIST 1. Workers` Compensation and Employer's Liability per the statutory limits of the state of Florida. 2. Comprehensive General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. The City must be named as an additional insured on the liability policies; and it must be stated on the certificate. 5. Thirty(30) days written cancellation notice required. 6. Best's guide rating B+: VI or better, latest edition. 7. The certificate must state the RFP number and title PROPOSER AND INSURANCE AGENT STATEMENT: I understand the Insurance p Requirements of these specifications and that evidence of q this insurance may be required within five (5) days after Proposal opening. If I am selected as the successful Proposer, I further understand and agree and acknowledge that failure to procure or maintain the required insurance policy shall constitute a material breach of the contract by which the City may immediately terminate same. For Proposer/ Print Name 1 Title Signature of Proposer RFP No:62-11/12 Web Hosted Software for Parks and Recreations , 5/29/2013Q'�Qo '�2012 24 of 53 i City of Miami Beach 1 PROPOSER INFORMATION Submitted by: Proposer (Entity): Signature: Name (Printed): Address: I City/State: Telephone: Fax: E-mail: Federal ID# It is understood and agreed by Proposer that the City reserves the right to reject any and all Proposals, to make awards on all items or any items according to the best interest of the City, and to waive any g p irregularities in the RFP or in the Proposals received as a result of the RFP. It is also understood and agreed by the Proposer that by submitting a proposal, Proposer shall be deemed to understand and agree than no property interest or legal right of any kind shall be created at any time until and unless a contract has been agreed to and signed by both parties. For Proposer: (Authorized Signature) (Date) (Printed Name) t RFP No;62-11/12 5/29/2013 Web Hosted Software for Parks and Recreations 25 of 53 City of Miamf Beach REQUEST FOR PROPOSALS NO. 62-11112 ACKNOWLEDGMENT OF ADDENDA Directions: Complete Part I or Part II, whichever applies. Part I: Listed below are the dates of issue for each Addendum received in connection with this RFP. Addendum No. 1, Dated Addendum No. 2, Dated Addendum No. 3, Dated _ Addendum No. 4, Dated Addendum No. 5, Dated Part II: No addendum was received in connection with this RFP. Verified with Procurement staff Name of staff Date Proposer-Name Date Signature RFP No:62-11112 5/29/2013W28P-012 Web Hosted Software for Parks and Recreations 53 City of Miami Beach I I DECLARATION TO: City of Miami Beach City Hail 1700 Convention Center Drive Procurement Division Miami Beach, Florida 33139 Submitted this day of ) 2012. The undersigned, as Proposer, declares that the only persons interested in this Proposal are named herein; that no other person has any interest in this responses or in the contract to which this response pertains; that this response is made without connection or arrangement with any other person; and that this response is in every respect fair and made in good faith, without collusion or fraud. The Proposer agrees if this response is accepted, to execute an appropriate City of Miami Beach document(s) for the purpose of establishing a formal contractual relationship between the Proposer and the City, for the performance of all requirements to which the response pertains. The Proposer states that the response is based upon the documents identified by the following number: RFP No. 62-11/12. WITNESS PROPOSER SIGNATURE PRINTED NAME PRINTED NAME WITNESS TITLE PRINTED NAME RFP No;62-11/12 Web Hosted Software for Parks and Recreations 5/29120138/2 27 of 53 City of Miami Beach i SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to _ [print name of public entity] by [print individual's name and title] for [print name of entity submitting sworn statement] Whose business address is And (if applicable) its Federal Employer Identification Number(FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. understand that"convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. I understand that an "affiliate" as defined in Paragraph 287.133 (1)(a), Florida Statutes, means: 1) A predecessor or successor of a person convicted of a public entity crime; or 2) An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. RFP No:62-11/12 5/29/2013 2 Web Hosted Software for Parks and Recreations tif City of Miami Beach i I understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [indicate which statement applies.] _Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. [attach a copy of the final order] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM. [signature] Sworn to and subscribed before me this day of 2012 Personally known _ OR Produced identification Notary Public- State of My commission expires (Type of Identification) - (Printed typed or stamped Commissioned name of Notary Public) 5/291201.38/28/204-2 RFP#03-010!11 City of Miaml Beach Community Satisfaction Survey Services t 29 of 42 1 t QUESTIONNAIRE Proposer's Name: Principal Office Address: Official Representative: Individual Partnership (Circle One) Corporation Joint Venture If a Corporation, answer this: When Incorporated: In what State: If a Foreign Corporation: Date of Registration with Florida Secretary of State: Name of Resident Agent: Address of Resident Agent: President's Name: Vice-President's Name: Treasurer's Name: I 5/29/201384&2�2 RFP#03-010/11 City of Miami Beach Community Satisfaction Survey Services 30 of 42 Questionnaire (continued) Members of Board of Directors: If a Partnership: Date of organization: General or Limited Partnership*: Name and Address of Each Partner: NAME ADDRESS * Designate general partners in a Limited Partnership 1. Number of years of relevant experience in operating same or similar business: 2. Have any agreements held by Proposer for a project ever been canceled? Yes ( ) No ( ) If yes, give details on a separate sheet. 3. Has the Proposer or any principals of the applicant organization failed to qualify as a responsible Bidder/Proposer refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last 5 years? If yes, please explain: 5/29/2013WWGI-2 RFP#03-010/11 City of Miarni Beach Community satisfaction Survey Services 31 of 42 Questionnaire (continued) 4. Has the Proposer or any of its principals ever been declared bankrupt or reorganized under Chapter 11 or put into receivership? Yes ( ) No ( ) If yes, give date, court jurisdiction, action taken, and any other explanation deemed necessary on a separate sheet. 5. Person or persons interested in this RFQ and Qualification Form have ( ) have not ( ) been convicted by a Federal, State, County, or Municipal Court of any violation of law, other than traffic violations. To include stockholders over ten percent (10%). (Strike out inappropriate words) Explain any convictions: 6. Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest: A. List all pending lawsuits: B. List all judgments from lawsuits in the last five (5) years: C. List any criminal violations and/or convictions of the Proposer and/or any of its principals: 5/29/20138484G4-2 RFP#03 010!11 City of Miami Beach Community Satisfaction Survey Services j 32 of 42 Questionnaire (continued) 7. Conflicts of Interest. The following relationships are the only potential, actual, or perceived conflicts of interest in connection with this Proposal: (If none, state same.) 8. Public Disclosure. In order to determine whether the members of the Evaluation Committee for this Request for Proposals have any association or relationships which would constitute a conflict of interest, either actual or perceived, with any Proposer and/or individuals and entities comprising or representing such Proposer and in an attempt to ensure full and complete disclosure regarding this contract, all Proposers are required to disclose all persons and entities who may be involved with this Proposal. This list shall include public relation firms, lawyers and lobbyists. The Procurement Division shall be notified in writing if any person or entity is added to this list after receipt of Proposals. 10. Are there any pending discussions relative to mergers, acquisitions, partnerships, or assignment of contract? 10. Is the business entity a Miami Beach-based Vendor? Yes ( ) No ( ) If Yes, please submit a copy of a Business Tax Receipt issued by the City of Miami Beach, or documentation to demonstrate that the headquarters is in the City of Miami Beach, or documentation which proves that goods and/or contractual services are being produced or performed, as appropriate, in the City of Miami Beach. 11. - Is the business entity owned by a certified service-disabled veteran, and or a small - business owned and controlled by veterans, as defined on Section 502 of the Veteran Benefit Health, and Information Technology Act of 2006, and cited in the Database of Veteran-owned Business? j Yes ( ) No 6/29/2013848/291-2 RFP#03-010/11 City of Miami Beach Community Satisfaction Survey Services 33 of 42 {'I N Questionnaire (continued) The Proposer understands that information contained in this Questionnaire will be relied upon by the City in evaluating and making an award pursuant to the RFP, and such information is warranted by the Proposer to be true and accurate. In the event that the City, in its sole discretion, deems necessary, the Proposer agrees to furnish such additional information, relating to the qualifications of the Proposer, as may be required by the City. The Proposer further understands that the information contained in this Questionnaire may be confirmed through a background investigation conducted by the City, conducted either through the Miami Beach Police Department or by a third party retained by the City for such purposes. By submitting this Questionnaire the Proposer hereby agrees to cooperate with this investigation including, but not limited to, fingerprinting and providing information for a credit check. WITNESS: IF INDIVIDUAL: Signature Signature Print Name Print Name WITNESS: IF PARTNERSHIP: Signature Print Name of Successful Proposer Print Name Address By: General Partner Print Name ATTEST: IF CORPORATION: Secretary Print Name of Corporation Print Name Address By: President (CORPORATE SEAL) Print Name 5129/20138/28, 012 RFP#03-010/11 City of Miami Beach Community Satisfaction Survey Services 34 of 42 MIAM1 B QUICK REFERENCE GUiDE TO EQUAL BENEFITS COMPLIANCE STEP 1:UNDERSTANDING THE LAW STEP !2: HOW TO COMPLETE THE DECLARATION: NO N•DiSCRIEMiNATION IN CONTRACTS AND What does the law require? BENEFiTS FORM The proposed Ordinance will require certain contractors doing b4lsinP.ss with the City of Miami :Beach, who are awarded a aecfion_j asks for information about your company.If the contract pursuant to competitive bids,to provide 'Equal Benefits" company employs 50 or less employees in the to their employees with domestic partners, as they provide to U.S.,skip to Section 4,date and sign,. employees with spouses. Sec ion 2. Question lA asks whether your company Who is covered by this Ordinance? prohibits discrimination against people based on fhe Competitively bid City contracts valued of over$100,000 whose categories listed. contractors. maintain 51 or more full time employees on their A Answer °YES" if your company clops have such a payrolls during 20 or more calendar work: weeks. for more policy. information, see'Equal Benefits Ordinance Summary. 5 Answer 'NO" if your company deer not have such a policy. What benefits are covered? The Ordinance applies to alf benefits offered by a contractor to its Question I B asks whether your company agrees to include employees who have spouses or domestic partners and all benefits a nondiscrimination clause in all subcontracts entered into offered directly to such spouses or domestic partners,even when for the performance of a substantial portion of the any the employee ways the entire cost of the benefit.This includes but contracts you have with the City. This clause.m.u.st include is not limited to: sick leave, bereavement leave, family medical all of the categories listed in question ]A.You most answer leave,and health benefits, this question even if your company will not be entering into any subcontracts associated with work performed for the What is a Domestic Partner? City. A"Domestic Partner" shall mean any two(2)adults of the sane or 0 Answer "YES" if you will agree to Include a different sex who have, registered as domestic partners with a non diserfmi nation clause in subcontracts. government body pursuant to state and local law authorizing such Answer "NO" if you will not agree to include a registration, or with an internal registry maintained by the nondiscrimination clause in subcontracts. employer of at least one of the domestic partners. Question 2A, asks whether your company offers benefits What if a contractor is unable to offer benefits (such as medical Insuraneel to employees' spouses or to equally? employees.because they are married(such as bereavement Some contractors are unable to find an insurance company willing leave which can be taken because of the death, of a to offer domestic partner coverage. When a contractor takes all spouse, or family medical leave which can be taken reasonable measures to stop discrirninoting:, but can't for reasons because of a spouse having a serious mediccat condition). outside Its control,it can corrplywith the Equal Benefits Ordinance 9 Answer"YES"If you offer any such benefits. if it agrees to pay o cash equivalent. A cash equivalent is the a Answer"NO"if you do not offer any such benefits. amount of money paid by an employer for the spousal benefit that is unavailable for domestic partners, or vice versa. For more NOTE: You are considered as offering o benefit even if informalion,see Reasonable Measures Applicaffon. you don't pay for it.if access to the benefit is offered, but the cost must be paid in whole or in part by the employee, What:if a company will compty but needs time to do you should stilt answer"YES'. it? Once a contractor makes it clear that It will comply with the Question 211 asks whether you company offers benefits Declaration, In certain situations ending discrimination in benefits (such os medical insurance) to employees' domestic may be delayed.For instance,offering medical insurance may be partners or to employees because they are in a domestic delayed until the contractor's nexi enrollment period; other partnershlp(ouch as bereavement leave which can be taken benafits, such as bereavement leave, may be delayed until the because of the d atlt of-a domestic partner; or family 1 contractor's personnel policies can be revised. For more medical leave which can be taken because-of a domestic Information,see Rules of Procedure of the Substantial Compliance partner having a serious medical condition). form. a Answer"YES"If you offer any such benefits. 9 Answer"NO"lF you do not offer any Such benefits 5/29/20 3W2W291=2 RFP#03-010/11 City of Miami Beach Community Satisfaction Survey Services 35 of 42 r NOTE: To comply, your answers to questions 2A and 28 should Family Leave Your company's f=amily and Medical be the souse. in very limited circunnstances, you may -comply Leavy; Act policy. All companies with 50 or more without offering benefits equally. See Reasonable Measures employees must offer this benefit. Your policy should Application Form. indicate that employees may take leave because of the serious medical condition of their spouse or domestic Question '2C. should be filled out ONLY if you have answerer! partner. "YES" to question 2A and/or 2B. It asks you to indicate which benefits you offer to spouses (or employees because they are Parental Leave Your company`s policy indicating that married), which benefits you offer to domestic partners (or employees nwiy take leava for the birth or adoption of a employees because they are in a domestic partnership, and child,to care for a child who is ill,and/'or to attend school whirl,benefits you do not offer.Please indicate only those benefits appointments. if leave is available for step-children (the offered.If you offer benefits not already listed,write them in where spouse"s child) then leave also should 6e available For the it says "other". Remember, offering access 10 a benefit is still child of a domestic partner. considered a ben-nfit,even if your company does not,pray for ft. Employee Assistance Program Your company's Mote:If you can't offer all benefit in a nondiscriminatory manner employee assistance program policy confirming that because of reasons outside your control, (e.g. there are no spouses, domestic partners and their parents and children Insurance providers willing to offer domestic partner coverage) are equally eligible(or Ineligible)for such benefits. you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent, Relocation & Travel Your company's policy confirming subunit a completed Reasonable Measures Application form with that expenses for travel or relocation will 6e paid on the all necessary oncehments and have your application approvoJ by same basis for spouses and domestic partners of the Procurement VYWon of the City of Miornt Uecach. employees. Discounts, Facdifias &Events Your company's policy Step 3:ATTACH THE NECESSARY DOCUMENTATION confirming that discounts, facilities (e-9. gym) and events (e.g, holidcy perty( are equally available to spouses and Section 3 states that you must submit d©cumentaation that verifies domestic partners of employees. all benefits marked in your answer to Question 2C are offered in a nondiscriminatory manner.Wan possible,it is best if you submit Credit Union Documentation from the credit union n this documeniation along with your Declaration form.For policies Indicating that spouses and domestic partners have equal that are unwritten, submit a letter to the Procurement Divis%on access to credit union services. indicating ihis. Use the list below as a guide for the type of documentation needed. Child Care Documentation #hat The children of spouses (step-children)and children of domestic partners have equal Medical Insurance A statement from your medical insurance access to child care services. pravider that confirms spouses and domestic partners{as defined under this Ordinance) receive equal coverage in your medical Other Benefits Documentation of any other benefits listed plan. This may be In a letter from your insurance provider, or to indicate that They are offered equally. reflected in the eligibility section of your official insurance plan dQ,viment. Similar documentation is need" for other types of for medical insurance companies providing domestic insuron.ce plans. partner coverage in the State of Florida, refer to the Nmestic partner Insurance Caverocda Search available Retirement Plans(including 401k&pension plans) online at: www.miam.i6eachfl.90 under Business, The sections of your pension plan detalling kow employees Procurement drop down list. receive benefits. This should rover joint annuity options and pre retirement death benefits. Documentaflon should indicate that For any questions on the City of Miami Beach Equal empl-oM.s with domestic partners and employees with spouses Benefits Ordinance or how to complete the applicable receive the same benefits and payment options, farn35,please contact. Bereavement Leave Your bereavement leave of funeral leave Cristiina Diaz,Contracts Compliance specialist policy indicating the benefit is offered equally. If your policy PROCUREMENT DIVISION 1700 Convention Center Drives,Miami Beach,FL 33139 allows ernplo.yees time off from work because of the death of a T(,I.3(35�i73.7d96/Fax:796-W4-4000,/ _ spouse,it should also allow fortlme off because of llle death of a crislinadic-Ornlamibevchn'sov domestic partner. If the policy allows for time cuff due to the death of a parent in-law or other relative of a spouse,it must include time We are committed to providing excellent public aervie&and safety off for the death of a domestic partner's equivalent relative. to all W6 eve,work and play in our vibrani,tropical,historic community. 5/29/2013W-*28Q2 RFP#03-010/11 City of Miami Beach Community Satisfaction Survey Services 36 of 42 i i i I i t I MIA/\A1BEACH CITY OF MIAMI BEACH DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS Section 1.Vendor Information Name of Company: Name of Company Contact Person: Phone Number: Fax Number: E-mail: Vendor Number(if known): Federal ID or Social Security Number:_ Approximate Number of Employees in the U.S.: (If 50 or less, skip to Section 4, date and sign) Are any of your employees covered by a collective bargaining agreement or union trust fund?—Yes No Union name(s): Section 2.Compliance Questions Question 1.Nondiscrimination-Protected Classes A. Does your company agree to not discriminate against your employees, applicants for employment, employees of the City, or members of the public on the basis of the fact or perception of a person's membership in the categories listed below? Please note: a "YES" answer means your company agrees it will not discriminate; a "NO" answer means your company refuses to agree that it will not discriminate. Please answer yes or no to each category. ❑ Race _Yes No ❑ Sex Yes No ❑ Color _Yes_No ❑ Sexual orientation –Yes_No ❑ Creed _Yes_No ❑ Gender identity(transgender status) _Yes_,No ❑ Religion _Yes_No ❑ Domestic partner status –Yes_No ❑ National origin _Yes_No ❑ Marital status _Yes No ❑Ancestry _Yes_No ❑ Disability _Yes_No ❑Age _Yes_No ❑AIDS/HIV status _Yes_No ❑ Height _Yes_No C Weight _Yes_No B. Does your company agree to insert a similar nondiscrimination provision in any subcontract you enter into for the performance of a substantial portion of the contract you - - - have with the City? Please note: you must answer this question, even if you do not intend to enter into any subcontracts. Yes No _ _ l 5/29/2013848/72042 RFP#03-010/11 City of Miami Beach Community Satisfaction Survey Services 37 of 42 I Question 2. Nondiscrimination-Equal Benefits for Employees with Spouses and Employees with Domestic Partners Questions 2A and 2B should be answered YES even if your employees must pay some or all of the cost of spousal or domestic partner benefits. A. Will your company provide or offer access to any benefits to employees with spouses and/or to spouses of employees that may be assigned to work on the City of Miami Beach contract? — Yes _No B. Will your company provide or offer access to any benefits to employees with (same or opposite sex)domestic partners*or to domestic partners of employees that may be assigned to work on the City of Miami Beach contract? Yes_No *The term Domestic Partner shall mean any two (2) adults of the same or different sex,who have registered as domestic partners with a government body pursuant to state or local law authorizing such registration, or with an internal registry maintained by the employer of at least one of the domestic partners. A Contractor may institute an internal registry to allow for the provision of equal benefits to employees with domestic partner who do not register their partnerships pursuant to a governmental body authorizing such registration, or who are located in a jurisdiction where no such governmental domestic partnership exists. A Contractor that institutes such registry shall not impose criteria for registration that are more stringent than those required for domestic partnership registration by the City of Miami Beach If you answered"NO"to both Questions 2A and 2B, go to Section 4(at the bottom of this page),complete and sign the form,filling in all items requested. If you answered"YES"to either or both Questions 2A and 2B, please continue to Question 2C below. Question 2.(continued) C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave; other benefits are provided directly to the spouse or domestic partner, such as medical insurance. BENEFIT Yes for Yes for Employees No, this Benefit Documentation of this Employees with with Domestic is Not Offered Benefit is Submitted Spouses Partners with this Form Health ❑ ❑ ❑ ❑ Dental ❑ ❑ ❑ _ _ ❑ Vision _ ❑ ❑ ❑ ❑ Retirement(Pension, ❑ Cl ❑ ❑ 401(k), etc. Bereavement ❑ ❑ ❑ _ ❑ Family Leave ❑ ❑ ❑ ❑ Parental Leave ❑ ❑ ❑ ❑ Employee Assistance ❑ ❑ ❑ ❑ Program _____ Relocation &Travel ❑ — ❑_ Cl ❑ Company Discount, ❑ ❑ ❑ ❑ Facilities&Events Credit Union ❑ ❑ ❑ ❑ Child Care _ ❑ _ ❑ _ ❑ a Other ❑ ❑ ❑ ❑ 5/29/20139/28i2012 RFP No.62-11/12 City of Miami Beach Web Hosted Software for Parks and Recreation 38 of 48 I Note: If you can riot offer a benefit In a nondiscriminatory manner because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance.To comply on this basis,you must agree to pay a cash equivalent,submit a completed Reasonable Measures Application with all necessary attachments, and have your application approved by the City Manager,or his designee. Section 3. Required Documentation YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. Without proper documentation, your company cannot be certified as complying with the City's Equal Benefits Requirement for Domestic Partner Ordinance. For example,to document medical insurance submit a statement from your insurance provider or a copy of the eligibility section of your plan document; to document leave programs, submit a copy of your company's employee handbook. If documentation for a particular benefit does not exist, attach an explanation. Have you submitted supporting documentation for each benefit offered? _Yes_No Section 4. Executing the Document I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct,and that I am authorized to bind this entity contractually. Executed this day of_ ,in the year ,at City State Signature Mailing Address Name of Signatory(please print) City, State,Zip Code Title 5/29/20139 2&2912 RFP No.62.11/12 City of Miami Beach Web Hosted Software for Parks and Recreation 39 of 48 MIAMIBEACH CITY OF MIAMI BEACH REASONABLE MEASURES APPLICATION Declaration: Nondiscrimination in Contracts and Benefits Submit this form and supporting documentation to the City's Procurement Division ONLY IF you: a. Have taken all reasonable measures to end discrimination in benefits; and b. Are unable to do so; and c. Intend to offer a cash equivalent to employees for whom equal benefits are not available. You must submit the following information with this form: 1. The names, contact persons and telephone numbers of benefits providers contacted for the purpose of acquiring nondiscriminatory benefits; 2. The dates on which such benefits providers were contacted; 3. Copies of any written response(s) you received from such benefits providers, and if written responses are unavailable, summaries of oral responses; and 4. Any other information you feel is relevant to documenting your inability to end discrimination in benefits, including, but not limited to, reference to federal or state laws which preclude the ending of discrimination in benefits. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. y Name of Company(please print) Mailing Address of Company Signature City, State, Zip Name of Signatory(please print) Telephone Number Title Date ' 5/29/20131-2042 RFP No.62-11/12 City of Miami Beach Web Hosted Software for Parks and Recreation i 40 of 48 I MIAMIBEACH IMF CITY OF MIAMI BEACH SUBSTANTIAL COMPLIANCE AUTHORIZATION FORM Declaration: Nondiscrimination in Contracts and Benefits This form, and supporting documentation, must be submitted to the Procurement Division by entities seeking to contract with the City of Miami Beach that wish to delay ending their discrimination in benefits pursuant to the Rules of Procedure, as set out below. Fill out all sections that apply. Attach additional sheets as necessary. A. Open Enrollment Ending discrimination in benefits may be delayed until the first effective date after the first open enrollment process following the date the contract with the City begins, provided that the City Contractor submits to the Procurement Division evidence that reasonable efforts are being undertaken to end discrimination in benefits. This delay may not exceed two years from the date the contract with the City is entered into, and only applies to benefits for which an open enrollment process is applicable. Date next benefits plan year begins: Date nondiscriminatory benefits will be available: Reason for Delay: Description of efforts being undertaken to end discrimination in benefits: j B, Administrative Actions and Request for Extension Ending discrimination in benefits may be delayed to allow administrative steps to be 5/29/20138/29=12 RFP No.62-11/12 Clty of Miaml Beach Web Hosted Software for Parks and Recreatlon 41 of 48 r taken to incorporate nondiscriminatory benefits into the City Contractor's infrastructure. The time allotted for these administrative steps shall apply only to those benefits for which administrative steps are necessary and may not exceed three months. An extension of this time may be granted at the discretion of the Procurement Director, upon the written request of the City Contractor. Administrative steps may include, but are not limited to, such actions as computer systems modifications, personnel policy revisions, and the development and distribution of employee communications. Description of administrative steps and dates to be achieved: If requesting extension beyond three months, please explain basis: C. Collective Bargaining Agreements (CBA) Ending discrimination in benefits may be delayed until the expiration of a City Contractor's Current collective bargaining agreement(s) where all of the following conditions have been met: 1. The provision of benefits is governed by one or more collective bargaining agreement(s); 2. The City Contractor takes all reasonable measures to end discrimination in benefits either by requesting that the Unions involved agree to reopen the agreements in order for the City Contractor to take whatever steps necessary to end discrimination in benefits or by ending discrimination in benefits without reopening the collective bargaining agreements; and 3. In the event that the City Contractor cannot end discrimination in benefits despite taking all reasonable measures to do so, the City Contractor provides a cash equivalent to eligible employees for whom benefits are not available. Unless otherwise authorized in writing by the Procurement Director, this cash equivalent payment must begin at the time the Unions refuse to allow the collective bargaining agreements to be reopened, or in any case no longer than three (3) months from the date the contract with the City is entered into. 1 5/29/20139 29/2012 RFP No.62-11112 City of Miami Beach Web Hosted Software for Parks and Recreation 42 of 48 3 I For a delay to be granted under this provision, written proof must be submitted with this form that: • The benefits for which the delay is requested are governed by a collective bargaining agreement; • All reasonable measures have been taken to end discrimination in benefits (see Section C.2, above); and • A cash equivalent payment will be provided to eligible employees for whom benefits are not available. I declare (or certify) under penalty of perjury under the laws of the State of Florida that the foregoing is true and correct, and that I am authorized to bind this entity contractually. Name of Company (please print) Mailing Address of Company Signature City, State, Zip Name of Signatory(please print) Telephone Number Title Date I I 5129120138128129 RFP No.62-11112 City of Miami Beach Web Hosted Software for Parks and Recreation I 43 of 48 fI l I I ACKNOWLEDGMENT LETTER Proposers shall incorporate in their Proposal the following letter and Disclosure and Disclaimer attachment on the Proposer's letterhead stationary: RE: RFP NO. 62-11/12 TO INSTALL AND MAINTAIN AN EXTERNALL Y WEB HOSTED SOFTWARE FOR THE CITY OF MIAMI BEACH PARKS AND RECREATION DEPARTMENT. Dear Sir or Madame: I have read the City of Miami Beach's RFP NO. 62-11/12 To Install and Maintain all Externally Web Hosted Software For The City of Miami Beach Parks and Recreation Department. On behalf of our Proposal team, we agree to and accept the terms, specific limitations, and conditions expressed therein. In addition, we have read, rely upon, acknowledge, and accept the City's Disclosure and Disclaimer which is attached hereto and is fully incorporated into this letter. Sincerely, [NAME AND TITLE] [ORGANIZATION] [PROPOSER'S NAME] s 5/29/2013940129x2 RFP No.62-11/12 City of Miami Beach Web Hosted Software for Parks and Recreation JJ 44 of 48 I DISCLOSURE`AND DISCLAIMER This Request for Proposals ("RFP") is being furnished to the recipient by the City of Miami Beach (the "City") for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this RFP, or in making any award, or in failing or refusing to make any award pursuant to such Proposals, or in cancelling awards, or in withdrawing or cancelling this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the RFP either before or after receiving proposals, may accept or reject proposals, and may accept proposals which deviate from the RFP, as it deems appropriate and in its best interest. In its sole discretion, the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this RFP. Following submission of a Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors, shareholders, partners and employees, as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete. The City does not provide any assurances as to the accuracy of any information in this RFP. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations, and analyses. The RFP is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this RFP, the selection and the award process, or whether any award will be made. Any recipient of this RFP who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this RFP are submitted at the sole risk and responsibility of the party submitting such Proposal. This RFP is made subject to correction of errors, omissions, or withdrawal from the market without notice. Information is for guidance only, and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties. Any response to this RFP may be accepted or rejected by the City for any reason, or for no reason, without any resultant liability to the City. supporting and Proposals su ' The City is governed by the Government-in-the-Sunshine Law, and all Pro p pp g documents shall be subject to disclosure as required by such law. All Proposals shall be submitted in sealed bid form and shall remain confidential to the extent permitted by Florida Statutes. 5/29/20138128i2012 RFP No.62-11/12 City of Miami Beach Web Hosted Software for Parks and Recreation 45 of 48 I Proposers are expected to make all disclosures and declarations as requested in this RFP. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge, information, and belief. Notwithstanding the foregoing or anything contained in the RFP, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this RFP, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the RFP, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The RFP and any disputes arising from the RFP shall be governed by and construed in accordance with the laws of the State of Florida. ACCEPTED: [NAME AND TITLE] [ORGANIZATION] [PROPOSER'S NAME] i 1 I� 1 s 1 5/29/2013R12212 8a-2 RFP No.62-11112 City of Miami Beach Web Hosted Software for Parks and Recreation 46 of 48 ' MIAMI.1 BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel: 305.673.7490 ,Fax: 786.394.4002 To: Phone: Fax: E-mail: Subject: Performance Evaluation of Number of pages including cover: 2 To Whom It May Concern: The City of Miami Beach has implemented a process that collects past performance information pursuant to the submittal of responses to this Request for Proposal (RFP) No. 62-11/12 to install and maintain an externally web hosted software for the City of Miami Beach Parks and Recreation Department. The information will be used to assist City of Miami Beach in the evaluation of proposals received in response to the RFP. The company listed in the subject line has chosen to participate in this RFP. They have listed you as a past client for which they have provided services. Both the company and City of Miami Beach would greatly appreciate you taking a few minutes of your time to complete the accompanying questionnaire. Please review all items in the following document and answer the questions to -the best of your knowledge. If you cannot answer a particular question, please leave it blank. Please return this questionnaire to Maria Estevez by 3:00 p.m. on August 29, 2012 via fax: 786.394.4002; or e-mail mestevez(a-),miamibeachfl.gov Thank you for your time and effort. _ _ l Raul J. Aguila i Chief Deputy City Attorney (for Procurement Division) i i 5/29120139/291294 9294 RFP No.62-11(12 City of Miami Beach Web Hosted Software for Parks and Recreatlon 47 of 48 MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DIVISION Tel:305.673.7490 ,Fax:786.394.4002 PERFORMANCE EVALUATION SURVEY RFP No. 62-11112 Company Name: Point of Contact: Phone and e-mail: Please evaluate the performance of the company (10 means you are very satisfied and have no questions about hiring them again,and 1 is if you would never hire them again because of very poor performance). If you don't know,please leave blank. NO CRITERIA UNIT 1 Ability to manage the project and budget costs (1-10) 2 Ability to maintain the schedule(complete on-time or early) (1-10) 3 2uality of work (1-10) 4 Does the system perform as proposed? (1-10) 5 How satisfactory was the data conversion process? (1-10) 6 How the system interfaces to your other,applications? (1-10) 7 Was the staff competent and accessible at all times? (1-10) 8 Was the vendor responsive to your demands and suggestions? (1-10)_ 9 Are the"maintenance"or call-in support personnel responsive? (1-10) 10 Overall customer satisfaction and hiring again based on (1-10) performance Do System updates implemented by the proposer demonstrate a (1-10) 11 commitment to innovation and customer demands by applying the latest technology? Overall Comments: Agency or Contact Reference Business Name: Contact Name: Contact Phone and e-mail: _ Date of Services: _ Dollar Amount for Services: Thank you for your time and effort. Please return this form to Maria Estevez BY 3:00 P.M. ON AUGUST 29, 2012 via fax at 786-394-4002 or via e-mail at mestevez(,miamibeachfl.gov. &Z9/2S&ZL2S 138/28=12 RFP No.62-11/12 City of Miami Beach Web Hosted Software for Parks and Recreation 48 of 48 I 1