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CM eNotification ServicesCITY OF SAN RAFAEL CITY MANAGER'S OFFICE MEMORANDUM DATE: June 11, 2015 TO: Nancy Mackle, City Manager FROM: Rebecca Woodbury, Management Analyst SUBJECT: Waiver of Competitive Bidding Process for eNotification services Selected Vendor: GovDelivery This memo serves as an explanation of waiving competitive bidding for the purchase of eNotification management services. Although many vendors provide related services, the selected vendor provides unique aspects that will help the City achieve its goals related to enhancing community engagement and transparency. The selected vendor works only with government clients, and therefore has a superior understanding of public sector needs and requirements. Specifically, this vendor will address the following specific needs: 1. Automation: San Rafael will be able to reach its stakeholders in an easier and more efficient manner 2. Audience Acceleration: Investing in accelerating the growth of San Rafael's outreach 3. Reporting: San Rafael will have access to robust analytics and metrics reports Attachment: Preferred vendor proposal Nancy Mackle, Cit Manager Date L, 0 A44--� - Lisa Goldfien, Assistant Citj Attorney (0// -:z,l / 15 Date r 6/1/2015 Rebecca Woodbury San Rafael, California P.O. Box 151560 San Rafael, CA 94915-1560 United States Dear Ms. Woodbury: It was a pleasure to discuss some of the communication initiatives in San Rafael. The enclosed proposal outlines how we think San Rafael may benefit from the GovDelivery Communications Cloud (GovDelivery). GovDelivery enables public sector organizations to connect with more people and get those people to take action. Over 1,000 government organizations across the United States and Europe trust GovDelivery to deliver impactful, highly -secure, and scalable communications solutions. Organizations across California rely on GovDelivery to build online audiences while promoting and enhancing online transactions. This proposal addresses three needs for San Rafael: 1) Automation: San Rafael will be able to reach its stakeholders in an easier and more efficient manner 2) Audience Acceleration: Investing in accelerating the growth of San Rafael's outreach 3) Reporting: San Rafael will have access to robust analytics and metrics reports Sincerely, Mike Mancuso Regional Account Executive GovDelivery, Inc. Communications Cloud Proposal for San Rafael CA 6/1/2015 GovDelivery, Inc. Mike Mancuso 408 St. Peter Street, Suite 600 St. Paul, MN 55102 Phone: 651-925-5783 Fax: 651-665-0943 Email: mike.mancuso@sovdeliverv.com Executive Summary GovDelivery enables public sector organizations to connect with more people and get those people to take action. Public sector organizations face the challenge of sharing more information with the public while dealing with significant resource constraints. GovDelivery will allow San Rafael to continue to increase its digital stakeholder base while facilitating the delivery and measurement of impactful messages that drive stakeholder actions which San Rafael needs to occur in order to be successful. GovDelivery :L000Government ♦ People connects Organizations With 7OM More than 1,000 government organizations worldwide use GovDelivery's technology to reach and engage more people than ever before to create lasting value with the public. Clear benefits of GovDelivery include the ability to: 1. Reach More People: Build a digital outreach audience that is typically 100% to 500% larger than what any other approach could provide 2. Drive Action: Convert the people your organization reaches into valuable stakeholders who take actions that benefit both their communities and your organization 3. Benefit from Unrivaled Experience and Scale: Use approaches and capabilities that are proven across the public sector while benefiting from the scale and security of the world's most widely used public sector communication platform 30,000 new people subscribe to receive updates from government organizations through GovDelivery every day, and GovDelivery manages billions of messages every quarter on behalf of clients ranging from the largest national agencies to small local parks. Clients include Medicare, the IRS, the UK Parliament, more than 50 state and local organizations in California, and local and state governments throughout the United States and Europe. 90VDELIVERYQ ©2014 GovDelivery, Inc. All rights reserved I www.govdelivery.com 1866-276-5583 1 info@govdelivery.com 12 GovDelivery Communications• • Messaging San Rafael can create and send messages that get people to take action with GovDelivery's comprehensive messaging tools. GovDelivery can handle a variety of messaging needs from the real - 0 time automated distribution of alerts on specific topics to mass notifications during emergencies or pre -built, branded newsletter templates. Network Increase the number of people who San Rafael reaches by 100%, 500%, or even 1,000% by cross- pEIApu romoting San Rafael's most important programs and events with the largest network of government communicators in the world on the GovDelivery Network. lu,,,, k " Automation Achieve a return on investment (R01) of up to 200% in the first year with reduced printed mail and postage costs by streamlining San Rafael's content distribution across email, text messages, and social media channels to conserve resources and improve organizational efficiency. Create messages once; publish them anywhere. Mobile Communicate with San Rafael's stakeholders wherever they are by delivering optimized messages I@ directly to mobile devices. San Rafael will reach people where they have the best chance to act with GovDelivery's full suite of mobile tools. Social Leverage social networks to strengthen San Rafael's direct connections and amplify social content by If;;d`"4lil� promoting and sharing In new and more effective ways. Drive more traffic to social content b g g Y Y consuming content from social media and automatically promoting it to San Rafael's most active ,,u,"fd a audiences. Segmentation "I,p, Target specific members of San Rafael's audience for optimal engagement and messaging success. „ Customize subscriber questions to segment the audience and tailor messages to be more relevant and aJ "V actionable. Insight Measure the impact of San Rafael's actionable initiatives and improve communications with a robust analytics dashboard that helps San Rafael better understand what types of content resonate with the intended audiences. Additional GovDelivery Capabilities Targeted Improve business and digital communication processes with reliable delivery and robust tracking of any Messaging message sent from applications or systems in an organization. Program Use GovDelivery's proven team to expand outreach, build and support online communities, or encourage Services digital conversion (reduction of paper communications and business processes). 90VDELIVERY$0 ©2014 GovDelivery, Inc. Al rights reserved I www.govdelivery.com 1866-276 5583 1 info@govdeliverv.com 13 Subscription Details Period of Performance The term of the service will commence on the date this proposal or a contract between GovDelivery and San Rafael is executed and shall continue for 12 months. Scope The subscription includes the following domain(s) and sub-domains(s): htt[)://www.citvofsanrafael.org Terms: htto://www.govdeliverv.com/odfs/subscription-agreement.pdf Payment for the Solution Recipient will be obligated to pay for the solution provided under this service up to termination. Any lapse in payment may result in suspension of service and will require the payment of the setup fee to reinstitute the license. Financial Information The setup and annual fees are due in full at the beginning of the services, net 30 days from receipt of an acceptable invoice. Alternate invoicing arrangements are available for the annual fees. Security San Rafael can take advantage of the highest level of security and hosting when using GovDelivery. Implementation and Ongoing Support Implementation, training and ongoing customer support services are included in the cost of the GovDelivery subscription. On average, the implementation process takes approximately 4 to 6 weeks depending on the availability of San Rafael. Standard Inclusions • Unlimited email sends, subscribers, and support to upload and migrate existing email lists • Full customization of signup and email templates • Access to an active partnership with the GovDelivery Network • Access to standard capabilities in Messaging, Automation, Network, Social, Mobile, Segmentation, and Insight Modules. http://www.Rovdeliverv.com/products/communications-cloud • 24/7 emergency support in addition to training and Client Success Consultant support • Access to 500,000 text messages (Direct SMS) per year Pricing Standard Price Total One Time Setup Cost: $2,027.00 Total Annual Cost: $13,727.00 Total Cost for Period of Performance: $15,754.00 Important Notes • THIS QUOTE IS EXCLUSIVE OF ANY APPLICABLE STATE, LOCAL, AND FEDERAL TAXES WHICH, IF ANY, WILL BE INCLUDED IN THE INVOICE. IT IS SAN RAFAECS RESPONSIBILITY TO PROVIDE APPLICABLE EXEMPTION CERTIFICATE(S) • THE PRICING AND TERMS OF THIS PROPOSAL ARE VALID THROUGH JUNE 30, 2015 90VDELIVERY @2014 GovDelivery, Inc. All rights reserved I www.govdelivery.com 1866-276-5583 1 Info@govdelivery.com p4 Agreement and Acceptance By signing this proposal, the undersigned certifies they have authority to enter the agreement. The undersigned also understands the services and terms. San Rafael, California Signature: Name: NCt V1 ('. C'k— S( (please print) Title: cqt44 (,(/vuj--� (please print) Date: G 1 ( (O ( ( 31 - Billing Billing Information Contact Name: &u5 8U511 Contact Phone Number: NIS) yS$- 53p2 Email: 19 SAOS`,@,C—h ae$all (-af'iieI,(V—J, BillingAddress: P.O. &DX 116600 J S an 2af (x e I I CA q qq IG 90VDELl VERY 62014 GovDelivery, Inc. All rights reserved I www.govdelivery.com 186&276-5583 1 info@govdelivery.com 15 i.. GovDelivery Solution Subscription Agreement (GSA version: http_//govdelivery.com�pdfs/subscripttion_agreement GSA.pdo This Software as a Service Solution (the "Solution") Subscription Agreement ("Agreement") is made by and between GovDelivery, Inc., a Minnesota corporation, with its principal place of business at 408 Saint Peter Street, Suite 600, Saint Paul, MN 55102 ("GovDelivery") and the party procuring the Solution (Recipient). By accessing the Solution, Recipient accepts this Agreement. In the event there is a direct conflict between this Agreement and any other contract the client has for the Solution ("Contract"), the terms of the Contract shall prevail. Due to the rapidly changing nature of digital communication, this Agreement may be updated from time to time at GovDelivery's discretion. Notification to Recipient will be via email or posting to GovDelivery's website. 1. Subscription GovDelivery will provide the Solution procured to Recipient pursuant to its standard policies and procedures then in effect. 2. Fees 2.1 Fees are typically charged based on potential or actual system usage together with the capabilities and support services required. Any new programs or online properties that materially change total potential system usage may require reconsideration of fees. 2.2 GovDelivery technology may use third party systems such as text messaging channels that are subject to abrupt changes in fees and other terms; GovDelivery will make every effort to accommodate Recipients within current fees and structure when such changes occur. Changes to terms of use and fees that are beyond GovDelivery's control will, whenever possible, be made upon contract renewal. 3. Delivery and Disclaimer 3.1 All precautions that are standard in the industry are taken to increase the successful delivery; however, GovDelivery makes no representation or warranty regarding the delivery of messages. 3.2 The Solution is provided "AS IS" and as available. GovDelivery makes no warranties, either express or implied. Without limiting the generality of the foregoing, GovDelivery does not warrant that the Solution will perform without error or immaterial interruption. 4. Acceptable Use Policy and Data Ownership 4.1 The Solution can only be used by personnel employed within the Recipient organization and by approved contractors. 4.2 Data sources. 4.2.1 Data uploaded into GovDelivery must be brought in from Recipient sources (interactions with end users and opt -in contact lists). 4.2.2 Recipients cannot upload purchased contact information into GovDelivery without GovDelivery's written permission and professional services support for "list cleansing". October 14, 2014 Page 1 of 4 4.2.3 GovDelivery may require that any subset of data go through a cleansing process to support end users re -confirmation of data and contact interests. This typically occurs with large data sets and old data sets where contact information is not recently verified. 4.3 Recipients can only use GovDelivery to share content that is created by and owned by the Recipient and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a GovDelivery license. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to the Recipient, can be removed or limited by GovDelivery. 4.4 Data provided by Recipient and contact information gathered through Recipient's own Web properties or activities will remain the property of Recipient, including any and all personally identifiable information (PII). GovDelivery will not release the data without the express written permission of Recipient, unless required by law. 4.5 GovDelivery Advanced Network. GovDelivery is highly effective in helping organizations work together to reach more people. Organizations expect the data obtained through this network to be protected and used for public sector purposes; therefore, transferring this data outside of GovDelivery is an unappealing risk that limits participation in the GovDelivery Network. 4.5.1 To maintain the integrity of the Solution, subscribers added to Recipient's audience via the GovDelivery Advanced Network ("Network Subscribers") are available for use only while Recipient is under an active subscription with GovDelivery. Network Subscribers will not transfer to Recipient upon termination of any GovDelivery Contract. Recipient shall not use or transfer any of the Network Subscribers after termination of its Contract with GovDelivery. All information related to Network Subscribers must be destroyed by Recipient within 15 calendar days of the Contract with GovDelivery terminating, unless provided for under 4.5.2 of this Agreement. 4.5.2 During the last 10 calendar days of Recipient's Contract with GovDelivery, Recipient may send an opt -in email to Network Subscribers that shall include an explanation of Recipient's relationship with GovDelivery terminating and that the Network Subscribers may visit Recipient's website to subscribe to further updates from the Recipient in the future. Any Network Subscriber that does not opt -in will not be transferred with the subscriber list provided to Recipient upon termination. 4.6 GovDelivery will comply with its obligations under the UK Data Protection Act of 1998 and other applicable data privacy laws and regulations. 4.7 GovDelivery shall maintain sole ownership of the GovDelivery system and all modifications made to the system, regardless of whether these modifications are made specifically to accommodate Recipient's content within GovDelivery. 5. Limitations The limitations for the Solution are as follows. Services outside of the limitations will be subject to additional fees. 5.1 Implementation October 14, 2014 Page 2 of 4 5.1.1 The implementation consultant will be assigned to Recipient during the setup process for up to 90 days. 5.1.2 Unlimited access to Web -based recorded trainings and online help for administrations on the following topics: standard Messaging, the GovDelivery Network, Automation, Mobile and Analytics. 5.1.3 Up to 1 Web -hosted training per 100,000 potential users (minimum of 2; maximum of 20). Must be used within 180 days of kickoff. 5.1.4 Templates, Custom Reporting and Integration Development: Up to 2 hours per 100,000 potential users (minimum 5; maximum 50). Hours must be used within 90 days of kickoff. 5.2 Ongoing 5.2.1 Unlimited access to Web -based recorded trainings and online help for administrations on the following topics: standard Messaging, the GovDelivery Network, Automation, Mobile and Analytics. 5.2.2 Up to 1 Web -hosted training per year per 100,000 in potential users (minimum of 2; maximum of 20). 5.2.3 Support for up to 50 active administrators (minimum) and up to 50 per 1 million in potential users over 1 million. 5.2.4 Support of 1 GovDelivery account per 1 million potential users. 5.2.5 Complete archive of all data created by Recipient, including messages and subscriber history for 18 months (rolling). 5.2.6 Support: 24/7 system monitoring, email and phone support during business hours, auto response to inbound messages from end users. 5.2.7 Templates, Custom Reporting and Integration Development: Up to 1 hour per 100,000 potential users (minimum 3; maximum 30). 5.2.8 Subscription topics: up to 100 topics for all accounts and up to 100 additional topics (also known as, subscription lists) per 1 million in potential users after 1 million. 5.2.9 Unless stated otherwise in Recipient's contract, direct SMS messages included are limited to 500,000 per year. 6. Legally Confidential Information In the event that the Solution will be used to store and/or send legally confidential information, GovDelivery must be notified in writing, in advance of the storage or sending. GovDelivery must also provide written consent of the storage and/or sending. GovDelivery recommends that confidential or sensitive information be stored behind a secure interface and that Solution be used only to notify people of updates to the information that can be accessed after authentication against a secure interface managed by the recipient. Recipient is ultimately accountable for the security and privacy of data held by GovDelivery on their behalf. 7. Advertising The Solution shall not be used for any product sales or advertising unless approved in writing, in advance by GovDelivery. GovDelivery's financial viability depends on its ability to charge users for access to the GovDelivery Network for building digital audiences, GovDelivery reserves the right to request the details of any agreement between the Recipient and a third party that compensates the Recipient for the right to have information included in messages sent through the Solution prior to approving the presence of Advertising within GovDelivery. October 14, 2014 Page 3 of 4 8. Intellectual Property GovDelivery retains all right, title, and interest in and to the Solution, including without limitation all software used to provide the Solution and all logos and trademarks reproduced through the Solution, and this Agreement does not grant Recipient any intellectual property rights in or to the Solution or any of its components. 9. Limitation of Liability IN NO EVENT: (a) WILL GOVDELIVERY'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT PAID UNDER THE RECIPIENT'S CONTRACT FORTH E SOLUTION OVER THE PRIOR 6 MONTH PERIOD; AND (b) WILL GOVDELIVERY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES. THE LIABILITIES LIMITED BY THIS SECTION APPLY: (i) TO LIABILITY FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (iii) EVEN IF GOVDELIVERY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (iv) EVEN IF RECIPIENT'S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Section, GovDelivery's liability will be limited to the maximum extent permissible. 10. Miscellaneous 10.1 Force Majeure. Neither party shall be in breach of this Agreement solely due to breach caused by circumstances beyond the control and without the fault or negligence of the party failing to perform. Such causes include but are not limited to acts of God, wars, fires, floods, and strikes. 10.2 Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 10.3 Choice of Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota, without reference to the State's principles of conflicts of law. The parties expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Ramsey County, Minnesota. October 14, 2014 Page 4 of 4