CC SR 20200818 H - RPV Mobile App Contract
CITY COUNCIL MEETING DATE: 08/18/2020
AGENDA REPORT AGENDA HEADING: Consent Calendar
AGENDA TITLE:
Consideration and possible action to enter an Agreement with GoGov, Inc. to provide
Citywide Mobile Application services.
RECOMMENDED COUNCIL ACTION:
(1) Authorize the City Manager to enter an Agreement with GoGov, Inc. to provide
Mobile Application services in amount not-to-exceed $16,800 annually.
FISCAL IMPACT: The GoGov mobile app services is based on a monthly subscription
of $1,400 per month for an annual cost of $16,800 which is funded in the FY2020-21
budget.
Amount Budgeted: $16,800
Additional Appropriation: N/A
Account Number(s): 101-400-1470-5201
[General Fund – IT/Repair and Maintenance Services]
ORIGINATED BY: Lukasz Buchwald, IT Manager
REVIEWED BY: Karina Bañales, Deputy City Manager
APPROVED BY: Ara Mihranian, AICP, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. GoGov Contract (A-1)
BACKGROUND AND DISCUSSION:
The City of Rancho Palos Verdes is looking into upgrading and expanding the features
of its current mobile application (app). The existing My RPV app only provides
functionality to submit graffiti reports. The submission of service requests and code
enforcement cases is currently accepted via City’s website. W hile it provides the
necessary functionality, it is not optimal in the current day and age where mobile
devices are by far the most popular way to access electronic media and information.
1
Figure No. 1 shown on the next page confirms the current approach to expand the
scope of the mobile app and provide more mobile-friendly ways to access City’s
information and submit service requests.
Figure No. 1 – Access to City’s website from January 1, 2020 to August 11, 2020 by Device Type
The City is looking to enter a Professional Services Agreement with GoGov, a well-
known mobile app vendor, established in 2004 and servicing over 150 customers
(including 70 California cities), to provide the new mobile app platform. GoGov’s mobile
app offering is currently being utilized by many cities in Los Angeles and Orange
Counties including Culver City, Anaheim, Manhattan Beach, Lakewood, Placentia, and
West Covina to name a few.
The new and improved mobile app will provide many capabilities, which are expected to
improve and streamline the overall user experience of City residents and visitors,
including submitting service requests, receiving updates from City Staff, and improving
access to important City information. The GoGov app also offer integration with City’s
current internal systems including CityWorks (Public Works) and Trakit (Community
Development and Public Works).
At this time, the mobile app services provided by GoGov does not include on-demand
push notifications or alerts. However, representatives from GoGov Indicated that this is
a feature that is actively being developed and should be available by the end of the
year.
The mobile app will be rolled out in stages, starting with the core functionality and
adding more features and integrations in the future. The mobile app is anticipated to be
launched in October 2020.
Agreement Language Pertaining to Indemnification
While the Agreement has been reviewed and accepted by the City Attorney’s office, it is
important to point out that there is a matter of the lack of language indemnifying the
City. In the City’s form agreement, a contractor would be required to indemnify the City
for loss or claim arising from the Agreement, in order to protect the City from such a loss
or claim. GoGov has taken the position that, as the developer of the application, they
2
have no control or impact on how the City uses the mobile app. As such, they will not
agree to include indemnification language in the Agreement. While this is typical of
software agreements, it does expose the City to potential liability, albeit minimal,
created by a loss or claim due to some defect or problem from the mobile app or some
other aspect of the Agreement. That said, the lack of indemnification language does
expose the City to potential liability arising from the Agreement, which should weigh into
the Council’s decision in reviewing the Agreement.
It is also important to point out that GoGov has agreed to a number of changes to their
standard agreement at the City’s request, including the removal of an automatic renewal
clause and an increase in GoGov’s liability limitation cap.
Mobile App Name
After considering various names for the new mobile app, Staff concluded that the
existing MyRPV name was most appropriate. At this time, confirmation that the MyRPV
name can be used for the new app is pending my GoGov.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council’s consideration:
1. Direct Staff to search for an alternative mobile app platform
2. Take other action as deemed appropriate.
3
Order Form | 2020
Page 1 of 4
City of Rancho Palos Verdes, CA
Citizen Request Management (CRM),
Cityworks Integration (Cityworks),
Community Development Integration
(CommunityDevelopment)
August 3, 2020
Prepared By:
Kevin Strauss, Director of Sales
(631) 861-5812
Kevin@GoGovApps.com
Prepared For:
Lukasz Buchwald
IT Manager
lbuchwald@rpvca.gov
A-1
Order Form | 2020
Page 2 of 4
Subscriptions & Services
Description Amount
GORequest
Citizen Request Management (CRM) – Unlimited Subscription
$1,000
/month
Community Development
Integration to City’s Community Development System
$200
/month
Cityworks
Integration to City’s Cityworks System
$200
/month
Services: $0 Annually: $16,800 Monthly Total: $1,400
Order Details
Primary Contact
Contact Name: Lukasz Buchwald Phone: (310) 544-5311
Title: IT Manager Email: lbuchwald@rpvca.gov
Billing Information
Contact Name: Phone:
Quote Month: Email:
PO #: (Optional) Cycle: Annual Billing
Billing Practices: GOGovApps will send renewal quotes for budgeting purposes at the beginning of the Quote Month
specified. Invoices are sent 45 to 60 days prior to subscription renewal and are due prior to the start of the
Subscription Period. To align billing with budget cycles, extend Initial Subscription Period to include extra months
and we will send an initial invoice for the extra prorated months and then a second invoice for the remainder of the
Initial Subscription Period.
Contract Information
Initial Subscription Period: 12 months starting:
Replacing Contracts: If replacing existing agreement provide contract # or description & date.
Contract #: (Internal)
A-2
Order Form | 2020
Page 3 of 4
Terms & Conditions
The following terms are the latest version of the GOGovApps Master Terms & Conditions that is maintained and
updated. No part of these terms may be modified other than the “Special Terms & Exceptions” section.
1. IMPORTANT NOTICE TO USER: GOGov, Inc. (dba “GOGovApps”) owns all intellectual property in the software
products listed in the Products and Services section (collectively “Software” or “Subscription Services”) in the Order
Form. Customer shall not modify, adapt, translate, rent, lease or otherwise attempt to discover the Software source
code. The following terms and conditions (this “Agreement”) will be effective as of the date of last signature of the
Order Form (“Effective Date”) and will be governed by the laws in force in the State of New York.
2. Software License. The Software subscription services and the accompanying files, software updates, lists and
documentation are licensed, not sold, to you. You may use a copy of the Software on your compatible computer for
the purpose of connecting to the hosted service provided by GOGovApps as long as you are a current subscriber and
maintain your annual continued services for the applicable licenses. Except as expressly set forth herein, GOGovApps
disclaims any and all express and implied warranties, including but not limited to warranties of merchantability and
fitness for a particular purpose.
3. Continued Services
3.1 Hosting. GOGovApps agrees to maintain Customer data in a secure datacenter and is committed to providing 99.5%
uptime and availability. GOGovApps will perform nightly backups of your hosted data to an alternate physical
location.
3.2 Ownership of Data. All hosted data specific to Customer is owned by the Customer. Within thirty (30) calendar days
following termination of this Agreement, the Customer can request and GOGovApps will provide a complete copy of
Customer’s data without additional charge through a downloadable zip file provided the customer is current on
payments.
4. Payment Terms & Fees
4.1 Subscription Term and Termination. The initial Subscription Term of this Agreement begins on Effective Date (last
signature) and will continue to the end of the Initial Subscription Period listed in the Order Form. At the end of the
initial Subscription Term, Customer’s subscription and this Agreement will renew for an additional twelve (12) month
term and for subsequent twelve (12) month periods thereafter. To stop the auto -renewal listed in the foregoing
sentence, Customer must submit written notice to GOGovApps at Billing@GOGovApps.com not less than sixty (60)
calendar days prior to the end of the then-current Term. GOGovApps reserves the right to increase the annual fees
by 7% on the anniversary date of each annual term.
4.2 Payment Terms. Initial payment is due at the beginning of the subscription term. Each subsequent annual billing
will be due on the anniversary date of the initial term. Payment Terms are NET 30 Days from the invoice date.
4.3 Taxes & Obligations. In exchange for its use of the Subscribed Services, Customer will pay to GOGovApps the amounts
indicated in the Order. Said amounts are based on services purchased and not actual usage; payment obligations
are non-cancelable and fees paid are non-refundable, except as otherwise specifically-provided herein. Unless
otherwise stated, such fees do not include any taxes, levies, duties or similar governmental assessments of any
nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state,
provincial, federal or foreign jurisdiction (“Taxes”). Customer is responsible for paying all Taxes associated with its
purchases hereunder. If GOGovApps has the legal obligation to pay or collect Taxes for which Customer is
responsible, the appropriate amount will be invoiced to and paid by Customer, unless GOGovApps is provided with
a valid tax exemption certificate authorized by the appropriate taxing authority. GOGovApps is solely responsible
for taxes assessable against it based on its income, property and employees.
4.4 On-Site Services & Expenses. Should on-site services requiring travel by GOGovApps staff be requested by Customer,
GOGovApps will provide on-site service at GOGovApps’s then-current time-and-materials rates. In addition to these
charges, Customer will compensate GOGovApps for associated airfare, lodging, rental transportation, meals and
other incidental expenses as such expenses accrue and will be billed at cost and invoiced separately.
5. Limitation of Liability. GOGovApps will, at all times during the Agreement, maintain appropriate insurance
coverage. In no event will GOGovApps’s cumulative liability for any general, incidental, special, compensatory, or
punitive damages whatsoever suffered by Customer or any other person or entity exceed the fees paid to GOGovApps
A-3
Order Form | 2020
Page 4 of 4
by Customer during the six (6) calendar months immediately preceding the circumstances which give rise to such
claim(s) of liability, even if GOGovApps or its agents have been advised of the possibility of such damages.
6. Updating of Terms. Upon each renewal of this Agreement, the latest Master Terms & Conditions that GOGovApps
has published within the software ninety (90) days prior to the renewal date shall replace these terms. Any Special
Terms & Exceptions listed in the original document shall carryover to the renewal terms. We reserve the right to
change our Master Terms & Conditions at any time. If the changes are material, GOGovApps will advise the Customer
by email or posting a notice on the site before changes go into effect. If the Customer does not agree to the new
terms, Customer may contact Support@GOGovApps.com to have objections considered.
7. Alternate Terms Disclaimed. The parties expressly disclaim any alternate terms and conditions accompanying drafts
and/or purchase orders issued by Customer.
8. Special Terms & Exceptions.
Section 4.1 – Unless earlier terminated, this Agreement shall continue in full force and effect until 1 year from the
date hereof. The parties may extend the term of the Agreement for three additional one -year terms. Either party
may terminate the Agreement following sixty (60) days written notice. GOGovApps reserves the right to increase the
annual fees by up to 5% following the extension of the term of the Agreement.
Section 4.4 – Section 4.4 is not applicable to this Agreement.
Section 5 - GOGovApps will, at all times during the Agreement, maintain appropriate insurance coverage. In no
event will GOGovApps’s cumulative liability for any general, incidental, special, compensatory, or punitive damages
whatsoever suffered by Customer or any other person or entity exceed three times the Annual Fee for the current
term of the Agreement, even if GOGovApps or its agents have been advised of the possibility of such damages.
GoGovApps agrees to provide to Customer with a thirty (30) day notice of cancellation (except for nonpayment for
which a ten (10) day notice is required), alteration, or nonrenewal of any aspect of GoGovApps’s insurance policies.
This Order Form is entered into between Customer and GOGovApps. Customer accepts and agrees to adhere to the
Terms and Conditions with this order form, will be referenced as the “Agreement.” This Agreement between
Customer and GOGovApps, which Customer hereby acknowledges and accepts, constitutes the entire agreement
between GOGovApps and Customer governing the Services referenced above. Customer represents that its signatory
below has the authority to bind Customer to the terms of this Agreement.
GOGov, Inc. City of Rancho Palos Verdes, CA
Sign: Sign:
Name: Daryl Blowes Name:
Title: CEO Title:
Date: Date:
Additional Customer Signatures (Optional)
Sign: Sign:
Name: Name:
Title: Title:
Date: Date:
A-4