HomeMy WebLinkAboutItem 13 - Agreement with ProudCity for the Licensing of a Website Content Management Syste Information Technology
www.santa-ana.org/IT
Item # 13
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
May 20, 2025
TOPIC: ProudCity Website Content Management System
AGENDA TITLE
Agreement with ProudCity for the Licensing of a Website Content Management System
(CMS) and Services
RECOMMENDED ACTION
Authorize the City Manager to execute an agreement with ProudCity, Inc. for website
content management system (CMS) software subscriptions and professional services,
for a three-year term beginning July 1, 2025 and ending June 30, 2028, for an annual
amount not to exceed $103,827, for a total aggregate amount not to exceed $311,481
over the life of the agreement (Agreement No. A-2025-XXX).
GOVERNMENT CODE §84308 APPLIES: Yes
DISCUSSION
On June 21, 2022, the City Council approved a three-year agreement with ProudCity to
provide a hosted, web content management system (CMS) to be used for the City’s
internet website. The City decentralized internet content management by training staff
from each department on the new website so that content can be kept current by each
department.
The ProudCity CMS has been very reliable over the past three years and continues to
be an efficient communication tool for City staff to use to provide information to the
public. The City is subscribing to the ProudCity Standard Plan, plus the file upload
increase feature. City staff is requesting City Council approval to extend use of the tool
for an additional three-year period.
The City is conducting a proof-of-concept (POC) to utilize ProudCity’s intranet module to
replace the City’s current intranet site. The current site is a static website that requires
centralized administration and doesn’t provide advanced features of a CMS, such as
having an easy to use editor, search functionality, templates, forms, user security, and
more. Since each department already has staff trained on the usage of the ProudCity
ProudCity Website Content Management System
May 20, 2025
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CMS, the City would be able to decentralize the content editing of the intranet site, as it
does with the City internet site. The agreement allows for the City to purchase the
intranet module on a monthly basis while conducting the POC and then either fully
purchase the annual subscription or cancel use of the module.
Included in the agreement with ProudCity is an allocation with a not-to-exceed annual
amount of $50,000 for optional, as-needed professional services by ProudCity. These
services would be used on an as-needed basis to assist with any website consulting
needed for the City’s website, the intranet site, or by assisting the City to meet new
Americans with Disabilities Act (ADA) guidelines that have been mandated by the
Department of Justice. These new guidelines mandate that state and local
governments, must meet the Web Content Accessibility Guidelines (WCAG) Version
2.1, Level AA technical standard. For state and local governments with a population of
more than 50,000 persons, the compliance date is April 24, 2026.
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding is available in the FY 2025-26 Contract Services Professional account (62300)
and Computer Software Subscriptions (66511). Future fiscal year funding will be
included in proposed budgets for City Council consideration. The table below provides
an estimate of the account distribution by fiscal year; however, actual amounts may vary
based on the timing of the system implementation.
Account
Unit –
Account #
Account Description FY
25-26
FY
26-27
FY
27-28 Total
10920141-
62300
Contract Services
Professional $50,000 $50,000 $50,000 $150,000
10920141-
66511
Computer Software
Subscriptions $53,827 $53,827 $53,827 $161,481
Total $103,827 $103,827 $103,827 $311,481
EXHIBIT(S)
1. Agreement with ProudCity, Inc.
Submitted By: Jack Ciulla, Chief Technology Innovations Officer
Approved By: Alvaro Nuñez, City Manager
ProudCity Terms of Service
Santa Ana, CA
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Overview:
ProudCity is a web platform that lets municipalities easily launch and manage
government digital services all in one place: proudcity.com. We empower government to
proudly serve residents, businesses and visitors and build a stronger sense of civic pride.
Our service is designed to give municipalities as much control and ownership over what
goes on your website as possible and encourage you to express yourself freely. However,
be responsible in what you publish. In particular, make sure that none of the prohibited
items (like spam, viruses, or serious threats of violence) appear on your website.
Terms of Service:
The following terms and conditions govern all use of ProudCity and all content,
services, and products available at or through the website, including, but not limited to,
our services. Our Services are offered subject to your acceptance without modification
of all of the terms and conditions contained herein and all other operating rules,
policies (including, without limitation, ProudCity’s privacy policy) and procedures that
may be published from time to time by ProudCity (collectively, the “Agreement”). You
agree that we may automatically upgrade our Services, and these terms will apply to
any upgrades. Your agreement is with ProudCity Inc., (each, “ProudCity” or “we”).
Please read this Agreement carefully before accessing or using our Services. By
accessing or using any part of our services, you agree to become bound by the terms
and conditions of this agreement. If you do not agree to all the terms and conditions of
this agreement, then you may not access or use any of our services. If these terms and
conditions are considered an offer by ProudCity, acceptance is expressly limited to
these terms.
Use of our Services requires a ProudCity account. You agree to provide us with
complete and accurate information when you register for an account. You will be solely
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
responsible and liable for any activity that occurs under your username. You are
responsible for keeping your password secure.
1. ProudCity Platform
● Your ProudCity Account and Website. If you create a website on the
ProudCity Platform, you are responsible for maintaining the security of your
account, and you are fully responsible for all activities that occur under the
account and any other actions taken in connection with the website. You must
immediately notify ProudCity of any unauthorized uses of your website your
account, or any other breaches of security. ProudCity will not be liable for any
acts or omissions by you, including any damages of any kind incurred as a
result of such acts or omissions.
● Responsibility of Contributors. If you operate a website, or otherwise make
(or allow any third party to make) material available (any such material,
“Content”), you are entirely responsible for the content of, and any harm
resulting from, that Content or your conduct. That is the case regardless of
what form the Content takes, which includes, but is not limited to text, photo,
video, audio, or code. By using the ProudCity Platform, you represent and
warrant that your Content and conduct do not violate these terms. If you
delete Content, ProudCity will use reasonable efforts to remove it from your
website, but you acknowledge that caching or references to the Content may
not be made immediately unavailable. Without limiting any of those
representations or warranties, ProudCity has the right (though not the
obligation) to, in ProudCity’s sole discretion, (i) refuse or remove any content
that, in ProudCity’s reasonable opinion, violates any ProudCity policy or is in
any way harmful or objectionable, or (ii) terminate or deny access to and use
of ProudCity to any individual or entity for any reason. ProudCity will have no
obligation to provide a refund of any amounts previously paid.
● Web Traffic. We use a third party, Google Analytics, to measure your
website’s audience and usage. By hosting your site on the ProudCity Platform,
you agree to assign the traffic relating to your website to ProudCity. If we or
Google Analytics require additional documentation to verify ownership of
your website or domain name, you agree to make reasonable efforts to
accommodate such requests.
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
● Attribution. ProudCity reserves the right to display attribution links such as
‘Powered by ProudCity’, theme author, and font attribution in your footer or
toolbar. Footer credits may not be altered or removed regardless of upgrades
purchased.
● Payment and Renewal.
○ General Terms. ProudCity Standard Subscription pricing shall be a
total cost of $113,481 over a three-year period. Santa Ana will pay
$37,827 per year, commencing on July 1, 2025. The Standard
Subscription for Santa Ana will include two subsites, Search+ and
50MB file upload upgrade.
○ Intranet subscription activation. Starting July 1, 2025 Santa Ana
will choose to (1) deny the proof of concept, opting out of intranet
subscription payments, (2) accept continuation of proof of concept
with monthly subscription at a rate of $1,333.34 per month, or (3)
accept proof of concept by paying the remaining annual
subscription balance. The activated Intranet subscription is
available July 1, 2025 for a total cost of $48,000 over a three year
period. Santa Ana may cancel the intranet proof of concept
subscription with thirty days written notice at any time.
○ Optional paid services. Optional paid services are available (any
such services, an “Upgrade”). By selecting an Upgrade you agree to
pay ProudCity the one time fee or monthly or annual subscription
fees indicated for that service. Payments will be charged on a
pre-pay basis on the day you sign up for an Upgrade and will cover
the use of that service for a monthly or annual subscription period
as indicated. ProudCity shall honor pricing for two years following
any price increase to existing customers.
○ Cancellation. Subscriptions and upgrades can be canceled at any
time by contacting ProudCity but without refunds for previously
paid invoices.
○ Enterprise Service. Enterprise services are provided by ProudCity
under the terms and conditions for each such service. By signing up
for Enterprise services, you agree to abide by such terms and
conditions.
○ Service enhancements. Santa Ana approves an annual professional
services not to exceed budget of $50,000 per year for professional
services requested and approved by Santa Ana. Professional
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
services go beyond the standard subscription and may include
integrating with new third-party applications, feature requests, or
service design consulting, content services, training, coaching or
other strategic consulting. Professional service work orders will be
managed through the below process:
● Santa Ana will make the request
● ProudCity will provide a time estimate to be billed at $150
per hour
● Santa Ana will approves the work order
● ProudCity completes order and bills for time spent to not
exceed $50,000 per fiscal year
○ Total not-to-exceed amount. The total amount to be expended under
this Agreement shall not exceed $311,481. This sum is composed of
(a) the base ProudCity Standard Subscription amount $113,481 and
(b) the Intranet subscription activation amount $48,000 and
(b) professional services in the amount $150,000 for professional
services at the City’s sole discretion.
- This Agreement shall commence on July 1, 2025 and terminate on
June 30, 2028, unless terminated earlier as provided for in this
Agreement.
2. Responsibility of Visitors.
ProudCity has not reviewed, and cannot review, all of the material, including computer
software, posted to our Services, and cannot therefore be responsible for that
material’s content, use or effects. By operating our Services, ProudCity does not
represent or imply that it endorses the material there posted, or that it believes such
material to be accurate, useful, or non-harmful. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from viruses,
worms, Trojan horses, and other harmful or destructive content. Our Services may
contain content that is offensive, indecent, or otherwise objectionable, as well as
content containing technical inaccuracies, typographical mistakes, and other errors.
Our Services may also contain material that violates the privacy or publicity rights, or
infringes the intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and conditions,
stated or unstated. ProudCity disclaims any responsibility for any harm resulting from
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
the use by visitors of our Services, or from any downloading by those visitors of
content there posted.
3. Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer
software, made available through the websites and webpages to which your website
links, and that link to your website. ProudCity does not have any control over those
external websites, and is not responsible for their contents or their use. By linking to
an external website, ProudCity does not represent or imply that it endorses such
website. You are responsible for taking precautions as necessary to protect yourself
and your computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. ProudCity disclaims any responsibility for any harm resulting
from your use of external websites and webpages.
4. Intellectual Property.
This Agreement does not transfer from ProudCity to you any ProudCity or third party
intellectual property, and all right, title, and interest in and to such property will remain
(as between the parties) solely with ProudCity. ProudCity, my.proudcity.com,
proudcity.com, ProudCity logo, and all other trademarks, service marks, graphics and
logos used in connection with ProudCity or our Services, are trademarks or registered
trademarks of ProudCity or ProudCity’s licensors. Other trademarks, service marks,
graphics and logos used in connection with our Services may be the trademarks of
other third parties. Your use of our Services grants you no right or license to reproduce
or otherwise use any ProudCity or third-party trademarks.
This Agreement does not transfer from the customer to ProudCity any customer or
third party intellectual property, and all right, title, and interest in and to such property
will remain (as between the parties) solely with the customer. The customer’s domain,
logo, and all other trademarks, service marks and unique graphics used by the
customer are trademarks or registered trademarks of the customer or customer’s
licensors. Other trademarks, service marks, graphics and logos used in connection with
the website may be the trademarks of other third parties. Notwithstanding, to the
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
extent the customer engages ProudCity to develop a custom product or feature
ProudCity shall be permitted to share that product or feature with any and all
ProudCity customers.
5. Changes.
We are constantly updating our Services, and that means sometimes we have to
change the legal terms under which our Services are offered. If we make changes that
are material, we will let you know by posting on one of our blogs, or by sending you an
email or other communication before the changes take effect. The notice will
designate a reasonable period of time after which the new terms will take effect. If you
disagree with our changes, then you should stop using our Services within the
designated notice period. Your continued use of our Services will be subject to the new
terms. However, any dispute that arose before the changes shall be governed by the
Terms (including the binding individual arbitration clause) that were in place when the
dispute arose.
6. Termination.
ProudCity may terminate your access to all or any part of our Services at any time,
with or without cause, with or without notice, effective immediately. If you wish to
terminate this Agreement or your ProudCity account (if you have one), you may
discontinue using our Services and stop billing by contacting ProudCity and request a
termination of services. All provisions of this Agreement which by their nature should
survive termination shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, indemnity and limitations of liability.
7. Disclaimer of Warranties.
Our Services are provided “as is.” ProudCity and its suppliers and licensors hereby
disclaim all warranties of any kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither ProudCity nor its suppliers and licensors, makes any warranty that our
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Services will be error free or that access thereto will be continuous or uninterrupted.
You understand that you download from, or otherwise obtain content or services
through, our Services at your own discretion and risk.
8. Limitation of Liability.
In no event will ProudCity, or its suppliers or licensors, be liable with respect to any
subject matter of this Agreement under any contract, negligence, strict liability or
other legal or equitable theory for: (i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services; (iii) for interruption of
use or loss or corruption of data; or (iv) the limits of any and all applicable insurance
policies referenced herein. ProudCity shall have no liability for any failure or delay
due to matters beyond their reasonable control. The foregoing shall not apply to the
extent prohibited by applicable law.
9. General Representation and Warranty.
You represent and warrant that (i) your use of our Services will be in strict accordance
with the ProudCity Privacy Policy, with this Agreement, and with all applicable laws
and regulations (including without limitation any local laws or regulations in your
country, state, city, or other governmental area, regarding online conduct a nd
acceptable content, and including all applicable laws regarding the transmission of
technical data exported from the United States or the country in which you reside) and
(ii) your use of our Services will not infringe or misappropriate the intellectual
property rights of any third party.
10. US Economic Sanctions.
You expressly represent and warrant that your use of our Services and or associated
services and products is not contrary to applicable U.S. Sanctions. Such use is
prohibited, and ProudCity reserve the right to terminate accounts or access of those in
the event of a breach of this condition.
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
11. Indemnification.
We agree to mutually indemnify and hold harmless ProudCity and Santa Ana, CA, their
contractors, and their licensors, and their respective directors, officers, employees,
and agents from and against any and all claims and expenses, including attorneys’ fees,
arising out of your use of our Services, including but not limited to your violation of this
Agreement.
ProudCity agrees to indemnify and hold harmless City from any and all claims and
expenses including attorney's fees arising out of any actions performed by ProudCity,
its employees, consultants and contractors and for any claims of intellectual property,
trademark or copyright infringement resulting from any services or work product
provided by ProudCity pursuant to this Agreement.
12. Translation.
These Terms of Service were originally written in English (US). We may translate these
terms into other languages. In the event of a conflict between a translated version of
these Terms of Service and the English version, the English version will control.
13. Miscellaneous.
This Agreement constitutes the entire agreement between ProudCity and you
concerning the subject matter hereof, and they may only be modified by a written
amendment signed by an authorized executive of ProudCity, or by the posting by
ProudCity of a revised version. Except to the extent applicable law, if any, provides
otherwise, this Agreement, any access to or use of our Services will be governed by the
laws of the state of California, U.S.A., excluding its conflict of law provisions, and the
proper venue for any disputes arising out of or relating to any of the same will be the
state and federal courts located in San Francisco County, California. Except for claims
for injunctive or equitable relief or claims regarding intellectual property rights (which
may be brought in any competent court without the posting of a bond), any dispute
arising under this Agreement shall be finally settled in accordance with the
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service,
Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The
arbitration shall take place in San Francisco, California, in the English language and the
arbitral decision may be enforced in any court. The prevailing party in any action or
proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If
any part of this Agreement is held invalid or unenforceable, that part will be construed
to reflect the parties’ original intent, and the remaining portions will remain in full
force and effect. A waiver by either party of any term or condition of this Agreement
or any breach thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. You may assign your rights under this Agreement to any
party that consents to, and agrees to be bound by, its terms and conditions; ProudCity
may assign its rights under this Agreement without condition. This Agreement will be
binding upon and will inure to the benefit of the parties, their successors and
permitted assigns.
14. Insurance.
1. INSURANCE.
Consultant shall procure and maintain for the duration of the contract insurance against
claims for security breaches, system failures, injuries to persons, damages to software,
and damages to property (including computer equipment), theft, or other misuse of City’s
data, infringement of intellectual property, invasion of privacy, and breach of data, which
may arise from or in connection with the performance of the work hereunder by
Consultant, its agents, representatives, or employees.
A. Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01
covering CGL on an “occurrence” basis, including products and completed operations,
property damage, bodily injury and personal & advertising injury with limits no less than
$1,000,000 per occurrence and $2,000,000 general aggregate.
2. Workers’ Compensation insurance as required by the State of California, with
StatutoryLimits, and Employer’s Liability Insurance with limit of no less than $1,000,000
per accident, policy, employee, for bodily injury or disease.
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
3. Automobile Liability (AL): Insurance Services Officer Form CA 00 01 covering code
1 (any auto, with limits no less than $1,000,000 combined single limits.
4. Technology Professional Liability Errors and Omissions Insurance (E&O):
appropriate to the Company’s profession and work hereunder, with limits not less than
$2,000,000 per occurrence and $2,000,000 aggregate. Coverage shall be sufficiently
broad to respond to the duties and obligations as is undertaken by the Company in this
agreement and shall include, but not be limited to, claims involving business interruption,
damage to or destruction of electronic information, and alteration of electronic
information. The policy shall provide coverage for Company’s failure to provide
professional services and/or products under this Agreement. The Policy shall include, or
be endorsed to include, damage to, alteration of, loss of, or destruction of electronic data
and/or information “property” of Customer in the care, custody, or control of Company.
B. If ProudCity maintains broader coverage and/or higher limits than the minimums
shown above, the Entity requires and shall be entitled to the broader coverage and/or the
higher limits maintained by the contractor. Any available insurance proceeds in excess of
the specified minimum limits of insurance and coverage shall be available to the Entity.
C. Other Insurance Provisions- The insurance policies are to contain, or be
endorsed to contain, the following provisions:
1. Additional Insured Status- The City, its officers, officials, employees, and
volunteers are to be covered as additional insureds on the CGL policy with
respect to liability arising out of work or operations performed by or on behalf of
ProudCity including materials, parts, or equipment furnished in connection with
such work or operations. General liability coverage can be provided in the form of
an endorsement to ProudCity’s insurance (at least as broad as ISO Form CG 20 10
11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if
later revisions used).
2. Primary Coverage- For any claims related to this contract, ProudCity’s
insurance coverage shall be primary insurance primary coverage at least as broad
as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the ProudCity insurance and
shall not contribute with it.
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
3. Notice of Cancellation- Each insurance policy required above shall state that
coverage shall not be canceled, except with notice to the City.
D. Waiver of Subrogation- ProudCity hereby grants to City a waiver of any right
to subrogation which any insurer of ProudCity may acquire against the City by
virtue of the payment of any loss under such insurance. ProudCity agrees to
obtain any endorsement that may be necessary to affect this waiver of
subrogation, but this provision applies regardless of whether or not ProudCity
has received a waiver of subrogation endorsement from the insurer.
E. Self-Insured Retentions- Self-insured retentions must be declared to and
approved by the City. The City may require ProudCity to purchase coverage
with a lower retention or provide proof of ability to pay losses and related
investigations, claim administration, and defense expenses within the
retention. The policy language shall provide, or be endorsed to provide, that
the self-insured retention may be satisfied by either the named insured or
City.
F. Acceptability of Insurers- Insurance is to be placed with insurers authorized to
conduct business in the state with a current A.M. Best’s rating of no less than
A:VII, unless otherwise acceptable to the City.
G. Verification of Coverage- ProudCity shall furnish City with original Certificates
of Insurance including all required amendatory endorsements (or copies of the
applicable policy language effecting coverage requiredby this clause) and a copy
of the Declarations and Endorsement Page of the CGL policy listing allpolicy
endorsements to City before work begins. However, failure to obtain the
required documents prior to the work beginning shall not waive ProudCity’s
obligation to provide them.The City reserves the right to require complete,
certified copies of all required insurance policies, including endorsements
required by these specifications, at any time.
H. Subcontractors- ProudCity shall require and verify that all subcontractors
maintain insurance meeting all the requirements stated herein, and ProudCity
shall ensure that City is an additional insured on insurance required from
subcontractors.
I. Special Risks or Circumstances- City reserves the right to modify these
requirements, including limits, based on the nature of therisk, prior experience,
insurer, coverage, or other special circumstances.
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
J. Insurance policies required herein shall provide that coverage shall not be
canceled, suspended, voided, reduced in coverage or in limits, non-renewed by
the carrier, or materially changed except after thirty (30) days prior written
notice has been given to City. Ten (10) days prior written notice shall be provided
to City for policy cancellation or non-renewal due to non-payment of premium.
15. COMPLIANCE WITH ALL LAWS
ProudCity will comply with all applicable federal, state and local laws.
16. INDEPENDENT CONTRACTOR
ProudCity shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be
construed to create an employer-employee relationship, a joint venture relationship, or to allow
the City to exercise discretion or control over the professional manner in which ProudCity
performs the services which are the subject matter of this Agreement; however, the services to
be provided by ProudCity shall be provided in a manner consistent with all applicable
standards and regulations governing such services. ProudCity shall pay all salaries and wages,
employer's social security taxes, unemployment insurance and similar taxes relating to
employees and shall be responsible for all applicable withholding taxes.
17. CONFIDENTIALITY
If ProudCity receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, ProudCity agrees that it shall not
use or disclose such information except in the performance of this Agreement, and further
agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. “Confidential Information” shall
include all nonpublic information. Confidential information includes not only written
information, but also information transferred orally, visually, electronically, or by other means.
Confidential information disclosed to either party by any subsidiary and/or agent of the other
party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure
shall not apply to any information that (a) has been disclosed in publicly available sources; (b)
is, through no fault of the ProudCity disclosed in a publicly available source; (c) is in rightful
possession of the ProudCity without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the ProudCity without
reference to information disclosed by the City.
18. CONFLICT OF INTEREST CLAUSE
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
ProudCity covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
19. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in person
or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic
communication in the manner provided in this Section, to the following persons:
To City:
City Clerk
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA
92702-1988 Fax: 714-
647-6956
With courtesy copies to:
IT Department
City of Santa Ana
20 Civic Center Plaza
P.O. Box 1988
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Santa Ana, CA 92702
To ProudCity:
Attention: Kevin Herman, Chief Operating Officer
ProudCity, Inc.
2219 Damuth Street
Oakland, CA 94612
A party may change its address by giving notice in writing to the other party.
Thereafter, any communication shall be addressed and transmitted to the new address. If sent
by mail, communication shall be effective or deemed to have been given three (3) days after it
has been deposited in the United States mail, duly registered or certified, with postage prepaid,
and addressed as set forth above. If sent by fax, communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report
issued by the transmitting facsimile machine, addressed as set forth above. For purposes of
calculating these time frames, weekends, federal, state, County or City holidays shall be
excluded.
20. NON-DISCRIMINATION
ProudCity shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, disability, gender identity, gender expression,
or military and veteran’s service as defined and prohibited by applicable law, in the
recruitment, selection, training, utilization, promotion, termination or other employment
related activities. ProudCity affirms that it is an equal opportunity employer and shall comply
with all applicable federal, state and local laws and regulations.
21. PROFESSIONAL LICENSES
ProudCity shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services
hereunder and required by the laws and regulations of the United States, the State of
California, the City of Santa Ana and all other governmental agencies. ProudCity shall notify
the City immediately and in writing of its inability to obtain or maintain such permits, licenses,
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
approvals, waivers, and exemptions. Said inability shall be cause for termination of this
Agreement.
22. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted
by the provisions of this Agreement shall be effective unless it is in writing and signed by the
party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or
remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not
similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
23. MISCELLANEOUS PROVISIONS
Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and
shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or
damages to City in the event that such authority or power is not, in fact, held by the signatory
or is withdrawn.
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Date:
Exhibit A: Quote
Proudly Serving
Santa Ana, CA
Official ProudCity quote for Santa Ana
government digital services.
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Santa Ana Proud 2
ProudCity promise 2
Quote 3
Add-ons (optional) 4
About ProudCity 5
Proudly serving government 6
GovTech 100 7
ProudCity Network 8
Network 8
Network effect 8
Continuous improvement 8
Solutions 9
Websites 10
Content management 12
Documents 14
Meetings 15
Forms 16
Payments 17
Intranet 17
Digital Service Academy 19
Support 20
Accessibility 21
Security 22
Technical specifications 24
Renewals/cancellations 25
Contact 25
References 26
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Santa Ana Proud
Welcome to the future of Santa Ana digital government.
ProudCity offers a fresh approach to supporting local government digital services:
● People-focused, accessible experience
● Continuous empowerment, training and support
● Network of local governments, building together
● Technology that continuously improves
ProudCity promise
We will always:
● Adhere to the highest digital government standards
● Serve you with honesty, empathy and humility
We're ready to join you and proudly serve Santa Ana.
Team ProudCity
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Quote
Description Unit price Cost
ProudCity Standard Plan
● ProudCity Web
● ProudCity Service Center
$0.01
per
resident/month
(310,227 pop.)*
$37,227
(per year)
● ProudCity Forms
● ProudCity Documents
● ProudCity Payments
● ProudCity Care
● ProudCity Safe
● Two subsites
● Search+
Documents
● 50MB per file upload increase
$50 per month $600
(per year)
Intranet subscription (optional)
● Activate proof of concept on July 1,
2025 with monthly installments
● Approve proof of concept by paying
annual balance
● Or cancel proof of concept with 30 days
notice to stop monthly payments
$16,000
(per year)
Professional services
● Annual not to exceed budget for
coaching, strategy, training and content
services
● $150 per hour professional services
$150 per hour $50,000
(per year,
not to
exceed)
Duration/description Total
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Recurring annual subscription
● ProudCity Standard Plan
● File upload increase
● Intranet
● Professional services
Three years $311,481
*Based on 2010 U.S. Census population data
Add-ons (optional)
Intranet subscription
● $16,000 per year
● Hosting on private cloud server
● Security
● ProudCity updates
● Intranet updates
● SSO and network coordination
● Authentication for 1000+ users
● High daily pageviews with browser defaults set to
intranet URL
● WordPress theme and plugin updates
● BuddyPress updates
○ In the chance that a plugin becomes no
longer compatible, additional development
work will be scoped separately
Subsites
● Subscription: $150/month per subsite
● Onboarding: $4,500 (one-time)
● Separate, standalone website(s)
● Same platform/process
● Discounted subscription
● Administrative permissions
ProudCity DotGov ● $500 one time setup
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
About ProudCity
ProudCity is a platform that makes it easy and cost-effective to launch and manage
local digital government operations, including websites, meetings, online forms and
payments.
ProudCity serves local governments across the United States, including townships,
boroughs, cities, agencies, utilities and government-focused non-profit
organizations.
Government Technology named ProudCity one of ‘5 to Watch’ in 2016 and has been
included in its esteemed GovTech 100 list of top government technology
companies since 2017. ProudCity has been featured in TechCrunch, Government
Technology, StateScoop, NextGov, Government Computer News and Route Fifty.
Government Technology said of ProudCity, “The future is here, and it’s a lot simpler.”
ProudCity was founded in 2015.
Learn more: proudcity.com/about
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Proudly serving government
Our focus is serving local governments across the United States.
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
GovTech 100
Since our founding, ProudCity has been honored by Government Technology’s
GovTech 100 list.
Learn more: proudcity.com/govtech100
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
ProudCity Network
A collaboration between ProudCity and our government
partners that helps us continuously improve our platform
for them and the people they serve.
Network
The ProudCity Network is made up of:
● Local governments (that ProudCity serves)
● ProudCity (design/technology experts)
Network effect
All local government digital services in the ProudCity Network continuously
improve by:
● Government partners giving product feedback to ProudCity
● ProudCity building that feedback into the ProudCity Platform
Continuous improvement
Based on this collaboration, we release regularly scheduled updates that include:
● New features
● Product enhancements
● Bug fixes
● Security updates
Learn more: proudcity.com/network
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Solutions
ProudCity makes it easy for Santa Ana to launch and
manage your digital government services.
This includes government-focused:
● Websites (ProudCity Web)
● Content management (ProudCity CMS)
● Documents (ProudCity Documents)
● Meetings (ProudCity Meetings)
● Forms (ProudCity Forms)
● Payments (ProudCity Payments)
● Security (ProudCity Safe)
● Support (ProudCity Care)
● Onboarding (ProudCity Onboarding)
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Websites
ProudCity Web makes it easy for Santa Ana to launch
secure, accessible websites.
Domain: ● Custom (ex: yourcity.gov)
Accessibility: ● WCAG 2.0 AA
● Details: ‘Accessibility’ section below
Security: ● 100% encryption (HTTPS)
Mobile-enabled:
● Smartphones
● Tablets
● Laptops
● Desktops
● TVs
● Kiosks
Search:
● Predictive, type-ahead search
● Search all site content
● Category filters
Answers: ● Search/category filter for FAQs
Departments: ● Standardized department pages/subpages
Directory:
● Agency/department, councils, staff, electeds
filters
● People profile pages (photo, bio, social)
● Contact email, phone, address, fax
Calendar:
● Search/filter by event type
● Save to calendars ( iCal, Google, Outlook,
Yahoo!)
● Directions
● Share to social media
Search engine
optimization:
● Webmaster tools XML sitemap
● Automatic sitemap.xml generation
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
● Sitemap submitted to Google/Bing
● Structured HTML mark-up
Alert bar:
● Site-wide emergency alert bar
● Color variations
● Customizable, editable text area
Browser compatibility:
● Chrome
● Safari
● Firefox
● Bing
● Tor
Learn more: proudcity.com/web
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Content management
ProudCity CMS lets Santa Ana easily manage all aspects of
your website content.
Number of pages: ● Unlimited
Licenses: ● Unlimited
Roles/permissions:
● Admin
● Editor
● Author
Publish/manage:
● Pages
● News posts
● Events
● Frequently asked questions
● Departments
● Documents
● Jobs
Editors:
● Pagebuilder (drag and drop customization)
● Visual (WYSIWYG)
● Text (HTML)
Design:
● Site branding (logo/colors/fonts)
● Pre-built page templates
● Customized page design
● Text modification (bold, italics, etc.)
● 30+ drag-and-drop widgets
Navigation: ● Menus
● Breadcrumbs
Media:
● Images (graphics/photos)
● Videos
● Documents (PDFs)
Embedding: ● Documents
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
● iFrame (audio/video/media/social media/third party)
Timing: ● Schedule (content publish/delete dates)
● Version management
Links: ● Redirects
● Broken link checker
Newsletter
integration:
● MailChimp
● Constant Contact
Data: ● 100% ownership
● 100% export (content and code)
Analytics: ● Analytics dashboard
● Integrated with Google Analytics
Learn more: proudcity.com/cms
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Documents
ProudCity Documents makes it easy for Santa Ana to
publish online documents.
Files: ● Unlimited (under 25 MB per file)
Example uses:
● Document lists
● Meetings
● Agendas
● Reports
Management: ● Organize by folder
Embedding: ● PDFs
● Single/multiple pages
Search: ● Document title search
NOTE: See Quote section below for ProudCity Documents and ProudCity
Search+Docs add-on options and pricing.
Learn more: proudcity.com/documents
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Meetings
ProudCity Meetings helps Santa Ana publish and manage
meeting minutes, agendas and videos.
Publish:
● Agendas
● Minutes
● Videos (YouTube)
● Contact information
Formats: ● Text/HTML
● PDF
Design:
● Customize council, board, etc., meetings pages
● Add meetings widget to any page
● List upcoming meetings
● Display past meetings archive
Timestamping: ● Bookmark timestamps in YouTube videos
Search: ● Search meeting agendas/minutes from site search
(advanced search with ProudCity Search+Docs)
NOTE: See Quote section below for ProudCity Meetings add-on options and
pricing.
Learn more: proudcity.com/meetings
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Forms
ProudCity Forms makes it easy to create and manage
secure, mobile-friendly online forms.
Number of forms: ● Unlimited
Example uses:
● Payments (fines, tickets)
● Permits
● Issue reporting
● Job applications
● Subscriptions (alerts, newsletters)
Accessibility: ● WCAG 2.0 AA
Mobile-enabled:
● Smartphones
● Tablets
● Laptops
● Desktops
● TVs
● Kiosks
Manage:
● Add/edit/delete forms
● Drag-and-drop form builder
● Confirmation pages / emails
Documents: ● File uploads, attach documents to forms
● Associate digital forms with print versions
Data: ● Forms manager dashboard
● Download form submissions to .xls/.csv
Payments: ● PCI compliant credit card processing
Integrations:
● ProudCity Payments
● MailChimp
● ConstantContact
Learn more: proudcity.com/forms
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Payments
ProudCity Payments makes it easy to set up and manage
Santa Ana web and mobile payments.
Number of payment
forms:
● Unlimited
Example uses:
● Permits
● Tickets/fines
● Event registrations
● Taxes
Compliance: ● PCI compliant
Credit cards:
● Visa
● Mastercard
● American Express
● + more
Manage:
● Dashboard of payments, payouts, transactions
● Notifications (customized confirmation emails)
● Recurring payment transactions
● Issue refunds
Data: ● Viewable/downloadable reports
Learn more: proudcity.com/payments
Intranet
ProudCity Web makes it easy for Santa Ana to manage
secure, accessible intranet
Features
● Will use theme as provided: https://socialv.iqonic.design/
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
● Password protection
● MFA option
● Active Directory SSO and integration
○ Add Active Directory SSO capabilities using LDAP to Wordpress
connection
○ Integrate with Santa Ana
○ Use for profiles and directory
● Temporary password tool
● New permission level that will be for the majority of employees: read and
comment
● BuddyPress
● Dashboard for alerts and announcements
● Commenting
● Policy acceptance
Subscription
● Hosting on private cloud server
● Security
● ProudCity updates
● Intranet updates
● SSO and network coordination
● Authentication for 1000+ users
● High daily pageviews with browser defaults set to intranet URL
● WordPress theme and plugin updates
● BuddyPress updates
● In the chance that a plugin becomes no longer compatible, additional
development work will be scoped separately
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Digital Service Academy
ProudCity Digital Service Academy fully upskills, trains and
onboards the Santa Ana team.
Upskilling:
Learn best practices in:
● Digital government
● Web accessibility
● Plain language
● Service design
Training:
Learn how to use ProudCity to fully manage:
● Pages
● Forms
● Meetings
● News
● Events
● Documents
● Payments
● + more
Onboarding:
Build and launch your website with:
● Expert project management
● Co-work
● Homework
● Collaborative customization
● Coaching
● Integration guidance
Format:
● 12 weeks
○ Two one-hour co-work meetings per week
○ Estimated homework: 0-3 hours per week
● Launch in 90 days
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Learn more: proudcity.com/onboarding
Support
ProudCity Care ensures Santa Ana gets the customer
support you need.
Documentation:
● 24/7 public knowledge base
● Help videos
● Documentation (help.proudcity.com)
● Self-service guides (help.proudcity.com/guides)
● Frequently asked questions
Ticketing:
● U.S. based
● Monday-Friday (within 24 hours)
● Weekends/holidays (within 48-hours)
Emergency: ● Expedited
Learn more: proudcity.com/support
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Accessibility
Conformance:
● WCAG 2.0 AA
● ProudCity Voluntary Product Accessibility
Template
Statement: ● ProudCity accessibility statement
Tools: ● ProudCity Accessibility Checker (PAC)
Content:
● Skip links to primary page elements, website
sitemap
● Keyboard tabbing
● Text resizing
● Required image "alt" tags
● Forms labeling, aria attributes
● Semantic markup and aria descriptors on UI
components (icons, etc.)
Testing: ● Web Accessibility Evaluation (WAVE)
Learn more: proudcity.com/accessibility
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Security
ProudCity Safe guarantees Santa Ana has a comprehensive
approach to web security.
Encryption: ● 100% HTTPS SSL
Up-time: ● 99.9% monthly average
Software updates: ● Every two weeks (minimum)
● Security vulnerabilities released immediately
Authentication: ● Secure user storage authentication
Back-up / recovery:
● Daily database/files back-ups stored in secondary
data center for one week
● Weekly back-ups (every Sunday - stored for five
weeks)
● Manual back-ups via customer support ticket
Monitoring:
● Third-party monitoring (pings website up-time
every five minutes with a 30-second threshold)
● Continuous monitoring for vulnerabilities (code,
administrator access, backup verification)
DDOS: ● Distributed denial-of-service protection
Hot fixes: ● Serious vulnerabilities released immediately
Learn more: proudcity.com/security
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Technical specifications
ProudCity is powered by modern, open technologies.
Hosting:
● Google Cloud
● Kubernetes
● Docker
Infrastructure:
● Linux
● Apache
● PHP
● MySQL
Encryption: ● Let’s Encrypt
Authentication: ● Auth0
Search: ● Elasticsearch
Front-end: ● Bootstrap
● Font Awesome
Content management: ● WordPress
Data: ● WordPress REST API
License: ● GNU Affero GPL license, version 3
Learn more: proudcity.com/tech
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
Renewals/cancellations
● Monthly/annual billing options, automatically renewed.
● Subscriptions/add-ons can be canceled any time.
Contact
● Phone: (510) 671-0593
● Email: info@proudcity.com
● Web: proudcity.com/contact
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
References
San Rafael, California
cityofsanrafael.org
Sean Mooney
Sean.Mooney@cityofsanrafael.org
415.258.2646
Williams County, North Dakota
williamsnd.com
Lindsey Harriman
lindseyh@co.williams.nd.us
701.577.4557
Marin County DPW, California
publicworks.marincounty.org
Julian Kaelon
JKaelon@marincounty.org
415.473.4070
Montclair, California
Cityofmontclair.org
Edmund Garcia
egarcia@cityofmontclair.org
909.625.9494
Somerville, New Jersey
somervillenj.org
Patty Hunt
phunt@somervillenj.org
908.251.9727
Effingham, Illinois
effinghamil.com
Dennis Presley
dpresley@effinghamil.com
217.342.5300 ext 5307
Willamina, Oregon
willaminaoregon.gov
Christine Talley
CTalley@ci.willamina.or.us
503.876.2242
Montgomery, Ohio
montgomeryohio.org
Matthew Vanderhorst
mvanderhorst@montgomeryohio.org
513.792.8323
ProudCity ● 415.745.1482 ● info@proudcity.com ● proudcity.com
ProudCity Terms of Service with Quote exhibit
Santa Ana - CAO signed (003)
Final Audit Report 2025-05-06
Created:2025-05-06
By:MELANIE TORRES (MTorres@santa-ana.org)
Status:Signed
Transaction ID:CBJCHBCAABAAthY9U1l16d8d2imDw3px9TYbdYIIjxV4
"ProudCity Terms of Service with Quote exhibit Santa Ana - CA
O signed (003)" History
Document created by MELANIE TORRES (MTorres@santa-ana.org)
2025-05-06 - 10:11:10 PM GMT
Document emailed to Jack Ciulla (jciulla@santa-ana.org) for signature
2025-05-06 - 10:11:19 PM GMT
Email viewed by Jack Ciulla (jciulla@santa-ana.org)
2025-05-06 - 10:12:39 PM GMT
Document e-signed by Jack Ciulla (jciulla@santa-ana.org)
Signature Date: 2025-05-06 - 10:12:56 PM GMT - Time Source: server
Agreement completed.
2025-05-06 - 10:12:56 PM GMT