2020-21 Granicus - VisionLive City Website HostingMEMORANDUM
DATE:
TO:
FROM:
RE:
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authority to execute this agreement is based upon:
___ Approved by City Council on ___________________________________________
___ City Manager’s signing authority provided under the City’s Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
___ Department Director’s or Manager’s signing authority provided under the City’s
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
___ Bid ___ RFP ___ RFQ ___ 3 written informal bids
___ Sole Source ___ Select Source ___ Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
___ Agreement payment will be charged to Account No.: __________________
___ Amount of Agreement, Amendment, Change Order, etc.: $___________________
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
___ Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: ______________________________ Date: ______________
___ Bonds (originals)as required by the Agreement (Performance, Payment, etc.)
___ Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
NOTE: Review the “Form 700 Disclosure for Consultants” guidance to determine if a Form 700 is
required pursuant FPPC regulation 18701(2)
___ Business License No. __________________; Expires: _________________
___ Requisition for a Purchase Order has been prepared (Agreements over $5,000)
Jon McMillen, City Manager
Marcie Graham, Marketing Manager
Granicus - Short Form Agreement for Fiscal Year 2020/21 - City Website
June 26, 2020
502-0000-60301
11,696.22
Monika Radeva 6/24/2020
1
CITY OF LA QUINTA
SHORT-FORM SERVICES AGREEMENT
($25,000 OR LESS)
1.PARTIES AND DATE. This Agreement is made and entered into this 24th day of June,
2020, (“Effective Date”) by and between the City of La Quinta, a Municipal Corporation and
Charter City organized under the Constitution and laws of the State of California with its
principal place of business at 78-495 Calle Tampico, La Quinta, CA (“City”) and Granicus LLC,
a Minnesota Limited Liability Company with its principal place of business at 408 Saint Peter
Street, Suite 600, Saint Paul, MN 55102 (“Vendor”). City and Vendor are sometimes
individually referred to as “Party” and collectively as “Parties” in this Agreement.
2.TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the
attached Exhibit “A.” Upon the effective date, this Agreement shall supersede and replace
any previous agreement between the parties. All prior agreements between the parties are
hereby void and of no force and effect.
3.SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to
the date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit “B.”
4.TERM. The term of this Agreement shall be from June 24, 2020 to June 23, 2021, unless
earlier terminated as set forth in the attached Terms and Conditions.
5.COMPENSATION. Vendor shall receive compensation for services rendered under this
Agreement at the rates and schedule set forth in the attached Exhibit “B” but in no event
shall Vendor’s compensation exceed Eleven Thousand Eight Hundred Thirteen Dollars and
Eighty Cents ($11,813.80) per fiscal year (July 1 to June 30) without written amendment.
6.FORCE MAJEURE. The time period specified for performance of the services rendered
pursuant to this Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Vendor including, but not
restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Vendor shall within ten (10) days of the
commencement of such delay notify the City in writing of the causes of the delay. The City
shall ascertain the facts and the extent of delay and extend the time for performing the
Services for the period of the forced delay when and if in their judgment such delay is
justified, and the City’s determination shall be final and conclusive upon the parties to this
A-1
EXHIBIT “A”
TERMS AND CONDITIONS
[attached]
A-2
1.Compensation. Vendor shall be paid on an
annual basis, as may be set forth in Exhibit “B”,
within 30 days of the date of invoice issuance.
2.Compliance with Law. Vendor shall comply
with all applicable laws and regulations of the
federal, state and local government. Vendor
shall assist the City, as requested, in obtaining
and maintaining all permits required of Vendor
by Federal, State and local regulatory agencies.
Vendor is responsible for all costs of clean up
and/or removal of hazardous and toxic
substances spilled as a result of his or her Work.
3.Standard of Care. The Vendor shall perform
the Work in accordance with generally accepted
professional practices and principles and in a
manner consistent with the level of care and
skill ordinarily exercised by members of the
profession practicing under similar conditions.
4.Insurance. The Vendor shall take out and
maintain, during the performance of all work
under this Agreement: A. Commercial General
Liability Insurance in the amounts specified in
Section 7 of the Agreement for bodily injury,
personal injury and property damage, at least
as broad as Insurance Services Office
Commercial General Liability coverage
(Occurrence Form CG 0001), and if no amount
is selected in Section 7 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B.
Automobile Liability Insurance for bodily injury
and property damage including coverage for
non-owned and hired vehicles, of at least
$1,000,000 per accident for bodily injury and
property damage, at least as broad as Insurance
Services Office Form Number CA 0001 (ed.
6/92) covering automobile liability,; C. Workers’
Compensation in compliance with applicable
statutory requirements and Employer's Liability
Coverage of at least $1,000,000 per accident or
disease. Vendor shall also submit to City a
waiver of subrogation endorsement in favor of
city, and
D. Professional Liability (Errors and Omissions)
coverage, if checked in section 6 of the
Agreement, with a limit not less than
$1,000,000 per claim and which shall be
endorsed to include contractual liability.
Insurance carriers shall be authorized by the
Department of Insurance, State of California, to
do business in California and maintain an agent
for process within the state. Such insurance
carrier shall have not less than an "A"; "Class
VII" according to the latest Best Key Rating
unless otherwise approved by the City.
5.Indemnification. The Vendor shall indemnify
and hold harmless the City, its Council,
members of the Council, agents and employees
of the City, against any and all claims, liabilities,
expenses or damages, including responsible
attorneys’ fees, for injury or death of any
person, or damage to property, or interference
with use of property, or any claim of the Vendor
or subcontractor for wages or benefits which
arise in connection with the performance of this
Agreement, except to the extent caused or
resulting from the active negligence or willful
misconduct of the City, its Council, members of
the Council, agents and employees of the City.
The foregoing indemnity includes, but is not
limited to, the cost of prosecuting or defending
such action with legal counsel acceptable to the
City and the City’s attorneys’ fees incurred in
such an action. NOTWITHSTANDING THE
FOREGOING, IN NO INSTANCE SHALL EITHER
PARTY’S LIABILITY TO THE OTHER PARTY FOR
DAMAGES UNDER THIS AGREEMENT (WHETHER
IN CONTRACT OR TORT OR OTHERWISE)
EXCEED THREE-TIMES (3X) THE FEES PAID BY
CITY FOR THE GRANICUS PRODUCTS AND
SERVICES DURING THE TERM OF THE
AGREEMENT.
6.Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the
State of California. If any action is brought to
interpret or enforce any term of this Agreement,
the action shall be brought in a state or federal
court situated in the County of Riverside, State
of California.
7.Termination. The City may terminate the services
procured under this Agreement for convenience by
giving 30 calendar days written notice to Vendor. In
such event, the City shall be immediately given title
and possession to any original field notes, drawings
and specifications, written reports and other
documents produced or developed for the services.
The City shall pay Vendor the reasonable value of
services completed prior to termination. The City shall
not be liable for any costs other than the charges or
A-3
portions thereof which are specified herein.
Vendor shall not be entitled to payment for
unperformed services, and shall not be entitled
to damages or compensation for termination of
work. Vendor may terminate its obligation to
provide services under this Agreement upon 30
calendar days' written notice to the City only in
the event of City’s failure to perform in
accordance with the terms of this Agreement
through no fault of Vendor.
8.Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to
anyone other than the City and the Vendor. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render
the other provisions unenforceable, invalid or
illegal. Notice may be given or delivered by
depositing the same in any United States Post
Office, certified mail, return receipt requested,
postage prepaid, addressed to the parties to the
addresses set forth in the Agreement. Vendor
shall not assign, sublet, or transfer this
Agreement or any rights under or interest in this
Agreement without the written consent of the
City, which may be withheld for any reason.
Vendor is retained as an independent contractor
and is not an employee of the City. No employee
or agent of Vendor shall become an employee of
the City. The individuals signing this Agreement
represent that they have the authority to sign
on behalf of the parties and bind the parties to
this Agreement. This is an integrated
Agreement representing the entire
understanding of the parties as to those matters
contained herein, and supersedes and cancels
any prior oral or written understanding or
representations with respect to matters covered
hereunder. This Agreement may not be modified
or altered except in writing signed by both
parties hereto.
B-1
EXHIBIT “B”
SCOPE AND SCHEDULE OF SERVICES
C-1
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