SR 08-08-2017 3F
City Council Report
City Council Meeting: August 8, 2017
Agenda Item: 3.F
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To: Mayor and City Council
From: Karen Ginsberg, Director, Community & Cultural Services
Subject: Recreation Management Software System
Recommended Action
Staff recommends that the City Council authorize the City Manager to negotiate and
execute an agreement with The Active Network Inc., a Texas based company, to
continue to provide a web-based, hosted, recreation management software system.
This recommended award is made as an exception to the competitive bidding process
pursuant to Section 2.24.080(a) and (d) and is for a total amount not to exceed $50,000
(for one year, with 2 additional 1 year renewal options in the amount of $100,000, on the
same terms and conditions) for a total amount not to exceed $150,000 over a 3-year
period with future year funding contingent on Council budget approval.
Executive Summary
The Community and Cultural Services Department (CCS) administers a broad range of
community programming, including cultural, arts, enrichment, sports and aquatic
classes and events for both youths and adults, sports leagues for all ages, as well as
youth camps throughout the year. CCS uses ActiveNet, a web-based recreation
management system, to manage facilities, and register and enroll users at various
aquatic and athletic facilities. The current agreement with The Active Network for the
use of ActiveNet has expired. The recommended new agreement is made as an
exception to the competitive bidding process, and will cost $50,000 per year for up to
three years for a total contract amount not to exceed $150,000. Year two and three of
this agreement are optional, and would allow for continued use of the program while the
City engages in a process to identify the best possible future software solution.
Background
Since 2013, nearly 70,000 individuals have accessed wellbeing-enhancing programs,
events and facilities utilizing ActiveNet. The system performs numerous recreation
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management functions including: class registration, facility rentals, membership
tracking, point of sale management and reporting. ActiveNet is also used to manage
Annenberg Beach House rentals and related hospitality functions. ActiveNet has robust
data collection and reporting capabilities. The data contained within the software is used
to evaluate recreation programming usage and trends, measure resident participation in
recreation programs, and is a source of City administrative data.
The City’s initial contract with the Active Network has expired and cannot be amended.
Staff will negotiate the same terms and conditions as the original contract and ensure
that there will be no interruption of service.
Discussion
ActiveNet offers a web-based platform to register for programs and classes such as
swim lessons and after-school activities. The platform is also used to reserve park
meeting rooms, tennis courts, and ballfields. Shortly after implementation in 2013, The
Active Network redeveloped the online platform, offering improved site mobility as well
as additional account management tools. Additionally, more programming has been
developed and released, allowing users to reserve a multitude of facilities and programs
in as a little as three clicks of the mouse.
The recommended new agreement with The Active Network would maintain ActiveNet
as the City’s recreation management system. This three-year agreement, subject to
annual renewal, would allow for continued use of the system while providing time to fully
assess ActiveNet, evaluate current and future needs for a recreation management
system, and test the market for a solution that will meet the needs of internal and
external stakeholders.
The new agreement would authorize use of ActiveNet until to the end of FY2019-20 as
needed. The City’s projected annual costs for ActiveNet are $50,000 for the remainder
of FY2017-18 and an additional $100,000 through FY 2019-20.
Vendor/Consultant Selection
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In 2011, the City contracted with The Active Network for the use of ActiveNet to
manage memberships at the newly-opened Bike Center. In 2012, a multi-departmental
team conducted a thorough and exhaustive needs assessment and selection process,
evaluating products available from several vendors. Ultimately, ActiveNet was
unanimously chosen as the best solution, at the best price. In November of 2012, the
original contract was amended to add functionality for CCS recreation staff to process
point of sale, memberships, class registration and facility reservations (November 13,
2012 City Council meeting staff report) .
Staff recommends ActiveNet as the City’s recreation management system as an
exception to the competitive process, pursuant to Municipal Code Section 2.24.090(a)
and (d). The Active Network is the developer and only provider of ActiveNet, and thus
owns the source code for this software solution. As such, The Active Network is the
only vendor that can provide annual maintenance/subscription service to the City and
ensure continued operation of the existing ActiveNet recreation management system
while the City engages in a process to identify the best possible future software
solution.
Financial Impacts and Budget Actions
The agreement to be awarded to The Active Network is $50,000 per year, for an
agreement total not to exceed $150,000. Funds of $50,000 are available in the FY
2017-18 budget in the Community and Cultural Services Department. The agreement
will be charged to account 015441.533580. Future year funding is contingent on Council
budget approval.
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Prepared By: Steve Yeskulsky, Community Services Systems Coordinator
Approved
Forwarded to Council
Attachments:
A. Active Network LLC_Signed_Oaks 2017
B. November 13, 2012 Staff Report (weblink)
C. Written Comments
Please attach additional pages if more space is required.
CITY OF SANTA MONICA
OAKS INITIATIVE DISCLOSURE FORM
In order to facilitate compliance with the requirements of the Oaks Initiative, the City compiles
and maintains certain information. That information includes the name of any person or persons
who is seeking a “public benefit.” If the “public benefit” is sought by an entity, rather than an
individual person, the information includes the name of every person who is: (a) trustee, (b)
director, (c) partner, (d) officer, or has (e) more than a ten percent interest in the entity.
Public benefits include:
1. Personal services contracts in excess of $25,000 over any 12-month period;
2. Sale of material, equipment or supplies to the City in excess of $25,000 over a 12-month
period;
3. Purchase, sale or lease of real property to or from the City in excess of $25,000 over a 12-
month period;
4. Non-competitive franchise awards with gross revenue of $50,000 or more in any 12-month
period;
5. Land use variance, special use permit, or other exception to an established land use plan,
where the decision has a value in excess of $25,000;
6. Tax “abatement, exception, or benefit” of a value in excess of $5,000 in any 12-month
period; or
7. Payment of “cash or specie” of a net value to the recipient of $10,000 in any 12-month
period.
Name(s) of persons or entities receiving public benefit:
Name(s) of trustees, directors, partners, and officers:
Name(s) of persons with more than a 10% equity, participation, or revenue interest:
Prepared by: ____________________________Title: __________________________
Signature: ______________________________________ Date: ________________
Email: ____________________________________ Phone: ____________________
Active Network, LLC
See attached
N/A
Sheryl Hoskins GM, Communities
DocuSign Envelope ID: E5EC0861-D8C3-45AF-89A7-4EA62D63A250
469-291-0300Sheryl.hoskins@activenetwork.com
6/16/2017 | 11:04 AM CDT
As of June 15, 2017
Active Network, LLC
Managers: Robert F. Smith
Brian N. Sheth Martin A. Taylor Robert Boyd Rogers Maneet S. Saroya Darko Dejanovic
Officers:
Executive Chairman Darko Dejanovic
Chairman of the Board Brian N. Sheth
Chief Executive Officer Dana Jones
Chief Administrative Officer Sejal Pietrzak
Chief Financial Officer Mark Trivette
Chief Technology Officer Evan Davies
Chief Product Officer Andrea Facini
Chief Information Officer Greg Ingino
Chief Legal Officer Jeff Lambert
Treasurer Ryan Boomsma
Assistant Treasurer David Hall
Secretary Jeff Lambert
Vice President Brian N. Sheth
DocuSign Envelope ID: E5EC0861-D8C3-45AF-89A7-4EA62D63A250
1
Vernice Hankins
From:Ann Maggio <annmaggio@gmail.com>
Sent:Tuesday, August 08, 2017 1:53 PM
To:councilmtgitems; Council Mailbox
Cc:Rick Cole; Clerk Mailbox
Subject:Agenda Item: 3.F - Protecting Child Data - Transparency - Denial of USE
Attachments:Response to Ms. Thanawalla.docx
Dear City Council,
Between May and July of last year I became aware that ActiveNet was not in compliance with COPPA
nor the California “Shine the Light” law - - both which protect minors from data predators. Having
completed an exhaustive search, I'd been unable to locate any option to delete my child's
data from their records. The only link available sent me straight back to the general number at
Santa Monica City Hall. This is what led me to conversations and emails between myself
and Bradley Albert, Community Recreation Manager.
Attached is the letter from Bradly addressing my concerns. The bottom line is that my taxes are paying to force
me to relinquish my child's personally identifiable data to ActiveNet, an International Corporation, OR be ineligible to enroll him in these city sponsored classes. From ActiveNet Privacy Policy
Can I access and modify my Child’s personal information?
"If your Child’s personal information changes, if you no longer wish to allow your Child to participate on the
Sites, or if you wish to delete your Child’s information and refuse further collection and use of the information,
please email us at privacy@activenetwork.com."
After my initial inquiry, things improved - and at least ActiveNet included Privacy information on
Children on their site regarding data collection/retention of children under age 13 however
DELETION of that DATA it is not guaranteed!
"Nonetheless, we may retain your or your Child’s information for an additional period as is permitted or
required to comply with our legal obligations, resolve disputes, and enforce our agreements. Please note
that even if we delete your or your Child’s information, it may persist on backup or archival media and
other information systems."
Please ALTER the agreement to impose requirements providing parents to OPT OUT of ANY AND ALL
sharing of their children's data and TRANSPARENCY about this issue.
Parents are unaware that this vendor is allowed to collect and retain a child's information indefinitely or that a
parent relinquishes rights to that data when simply using a credit card to register the child.
Please include this as part of the public record.
Thank you,
Item 3-F
08/08/17
1 of 2 Item 3-F 08/08/17
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Ann Maggio
"Unthinking respect for authority is the greatest enemy of truth." - Albert Einstein
Item 3-F
08/08/17
2 of 2 Item 3-F 08/08/17
REFERENCE:
AGREEMENT NO. 10517
(CCS)