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Supporting Documentation Includes: None City of Columbia 701 East Broadway, Columbia, Missouri 65201 .~. Agenda Item Number: ____ Department Source: Convention and Visitors Bureau To: City Council From: City Manager & Staff Council Meeting Date: 12/7/2015 Re: Authorizing the City Manager to Execute Agreement with Simpleview, Inc. Documents Included With This Agenda Item Council memo, Resolution/Ordinance, Agreement Supporting documentation includes: None Executive Summary Staff has prepared for Council consideration a Resolution authorizing the City Manager to execute a Customer Relationship Management & Software Support Service agreement with Simpleview, LLC for the Columbia Convention & Visitors Bureau. This agreement is required to provide the CVB with new software & support. Discussion The Convention & Visitors Bureau issued a request for proposal (Bid #122/2015) to replace their 12-year old Customer Management System. The proposal received from Simpleview was authorized by the Purchasing Agent and the attached agreement has been approved by the Law Department. The Simpleview system is the most widely used software tool in destination marketing. It is the only website management platform built uniquely for each destination and combines relationship management with sales, reporting, and forecasting. This is one of the most effective & efficient content management systems available for destinations to issue and track qualified hotel business leads and designed to bring the best information and services to planners & visitors. This agreement is required for implementation of the new system and for other services & applications used in the design, programming and maintenance of the Customer Relationship and Content Management system. Fiscal Impact Short-Term Impact: $32,500. The funds have already been appropriated in the CVB's FY2016 operating budget. Long-Term Impact: $13,500 per year for hosting, updates & upgrades for the initial term of three years, then no more than 5% increase per year thereafter. Funds will be appropriated from the CV8's operating budget. Vision, Strategic & Comprehensive Plan Impact City of Columbia 701 East Broadway, Columbia, Missouri 65201 .~. Vision Impact: Not Applicable Strategic Plan Impact: Operational Excelience ... High-Level Service from Engaged Employees Comprehensive Plan Impact: Economic Development Suggested Council Action Approval of the legislation and execution of the agreement. Legislative History There is n~Jrgislative h· tory. / Depart City Manager Approved Introduced by _________________________ Council Bill No. ______R 191-15_______ A RESOLUTION authorizing an agreement with Simpleview, LLC for the design, programming and maintenance of a customer relationship management system for the Convention and Visitors Bureau. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS: SECTION 1. The City Manager is hereby authorized to execute an agreement with Simpleview, LLC for the design, programming and maintenance of a customer relationship management system for the Convention and Visitors Bureau. The form and content of the agreement shall be substantially as set forth in "Attachment A" attached hereto and made a part hereof. ADOPTED this ______ day of ___________________________, 2015. ATTEST: ______________________________ ______________________________ City Clerk Mayor and Presiding Officer APPROVED AS TO FORM: ______________________________ City Counselor CUSTOMER RELATIONSHIP MANAGEMENT AGREEMENT This AGREEMENT (the "Agreement") is made and entered into as of the date of the last signatory below (the "Effective Date"), by and between Simpleview, LLC, a limited liability company organized in the State of North Carolina and with authority to transact business within the State of Missouri, and with offices at 7458 N. La Cholla Blvd., Suite 100, Tucson, Arizona, 85741 ("Simpleview") and the City of Columbia, located at 701 East Broadway, Columbia, Missouri ("Client"). Client and Simpleview are each individually referred to herein as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, Simpleview offers certain consulting, development and hosting services and Web-based Applications for use on the World Wide Web, including the Customer Relationship Management Application (“CRM”); and B. WHEREAS, Client desires that Simpleview implement and support the CRM application and provide certain other services and applications useful in the design, programming, and maintenance of the CRM; and C. WHEREAS, Client desires to engage Simpleview, and Simpleview desires to be engaged by Client, to provide Internet services and products on the terms and subject to the conditions set forth below. NOW THEREFORE, the Parties hereto, for good and sufficient consideration, the receipt of which is hereby acknowledged, intending to be legally bound, do hereby agree as follows. 1. Simpleview Services Simpleview shall provide Client with each of the services for development and hosting of CRM on the World Wide Web as set forth or described in Client’s Request for Proposal contained at Exhibit A, Simpleview’s Proposal and Pricing as set forth in Exhibit B, the Parties’ comments and clarifications set forth in Exhibit C hereto (collectively the "CRM Services"). Client agrees that Simpleview is responsible only for providing the Services specifically set forth in Exhibits A, B and C hereto. Simpleview shall deliver the modules listed in Exhibit B in good working order and free of material defects. 2. CRM Development and Hosting 2.1 Delivery of Client Content "Client Content" shall mean any materials provided by Client for incorporation into CRM, including, but not limited to, any database files, images, photographs, illustrations, graphics, audio clips, video clips or text. Client shall deliver Client Content to Simpleview in an electronic file format specified and accessible by Simpleview (e.g., .txt, .gif) or as otherwise specified in Exhibit B. Client shall promptly deliver all Client Content to Simpleview in the form and manner as reasonably required by Simpleview. 2.2 Updates, Fixes, Upgrades, and Successor Software Products: a. Routine updates and “fixes” are included in the Services described in Exhibit B. b. Software Upgrades: If, during the Term or any extended Renewal Term of this Agreement, Simpleview upgrades its software, Client at its option, shall receive the upgrades at no additional charge. 1 c. Successor Software Products: In the event Simpleview makes available successor Software based on a new technical architecture (“Successor Products”) with substantially similar functionality to the Software licensed by Client (“Licensed Products”) within seven (7) years of contract signing, Client is entitled to receive Successor Products provided that Client is current in its payment of fees. The Parties shall enter into an amendment to this Agreement if Client desires to receive the Successor Products. 2.3 Hosting Unless otherwise indicated in the Exhibits hereto, CRM shall be accessible to third parties via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week following launch of the CRM, except for scheduled maintenance and required repairs, which shall require forty-eight (48) hours’ written notice to Client, and except for any loss or interruption due to causes beyond the control of Simpleview. Client’s exclusive remedy for any unscheduled downtime exceeding twenty-four hours shall be a prorated credit of Client’s annual fee, applied towards Client’s next invoice received. Simpleview shall provide Client with a system and the necessary software to allow Client to transmit revisions, updates, deletions, enhancements or modifications (the “Updates”) to CRM. Simpleview shall incorporate Updates according to a written schedule agreed upon by the Parties. 2.4 Disaster Recovery Simpleview shall maintain a disaster recovery plan (a “DRP”) for all technology required to provide the Services, together with the capacity to execute the DRP. Upon request by Client, Simpleview shall provide Client with an executive summary of Simpleview’s then current version of the DRP. Simpleview shall perform disaster recovery tests at least annually. Simpleview shall provide Client with a written description of all DRP test results in sufficient detail to Client to assess the success of each test. 3. Service Fees Client shall pay the fees set forth in the Fee Schedule in Exhibit D hereto. Simpleview expressly reserves the right to change the rates charged hereunder for the Services following the Initial Term of this Agreement and any subsequent Renewal Terms agreed upon, which shall require no less than ninety (90) days’ written notice prior to the expiration of the then current term. Simpleview shall be consistent in its pricing with Client as it is with other clients with similar number of users, module usage and support hour usage. Client shall pay, or promptly reimburse Simpleview for, any reasonably necessary out-of-pocket expenses, including, without limitation, travel and travel-related expenses, incurred by Simpleview in connection with the performance of the Services, provided however, that prior to Client incurring or being liable for any such costs or expenses, Simpleview shall be required to submit a schedule of all costs and expenses, based upon Simpleview’s travel policy, and all travel dates and costs by quote or Change Order (as appropriate), and to receive prior approval from an officer of Client’s company. Simpleview’s travel policy is attached as Exhibit E. Client shall
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