2024-25 GoGovApps - Amendment 1 - Cartegraph IntegrationMEMORANDUM ta Qa tra
CALIFORNIA
------------------
DATE: May 6, 2024
TO: Jon McMillen, City Manager
FROM: Lisa Chastain, Public Safety Management Analyst
RE: Amendment with GOGOV for Cartegraph Integration for FY
2024-25
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
_x_ City Manager's signing authority provided under the City's Purchasing Policy
[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):
RFP
RFQ
Sole Source _x Select Source
3 written informal bids
Cooperative Procurement
Requesting department shall check and attach the items below as appropriate:
X Agreement payment will be charged to Account No.: 502-0000-60301
_x_ Agreement term: Start Date - July 1, 2024 End Date June 30, 2025
_x_ Amount of Agreement, Amendment, Change Order, etc.: $4,200.00
REMINDER; Signing authorities listed above are applicable on the auareQate Agreement amount,
not individual Amendments or Change Orders!
Insurance certificates as required by the Agreement for Risk Manager approval
MyCOI Compliant - OM 5/6/2024
Approved by: Date:
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
n/a 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)
X Business License No. LIC 768672 Expires: 04/30/2024
X Requisition for a Purchase Order has been prepared (Agreements over $5,000)
f*N,G0Gov
Order Form 1 2024
City of La Quinta, CA
Cartegraph Integration
May 2, 2024
Prepared By:
Kevin Strauss, Director of Sales
(631) 861-5812
Kevin@GoGovApps.com
Page 1 of 4
Prepared For:
Tony Ulloa
Deputy Director, Public Works
tulloa@taguintaca.gov
GOGov
Subscriptions & Services
Cartegraph Integration
Integration to the City's Cartegraph System
Order Details
Contact Name: Marti
Title: Public
rvices: $0
Order Form 1 2024
$4,200
/year
Annually: $4,200
Billing Information
Contact Name:
Phone:
PO #: (Optional)
Email:
Page 2 of 4
f*N,G0Gov
Terms & Conditions
Order Form 1 2024
The following terms are the latest version of the GOGov Master Terms li Conditions that is maintained and updated.
No part of these terms may be modified other than the "Special Terms Ft Exceptions" section.
1. IMPORTANT NOTICE TO USER: GOGov, Inc. (dba "GOGov") 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 GOGov as long as you are a current subscriber and
maintain your annual continued services for the applicable licenses. Except as expressly set forth herein, GOGov
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. GOGov agrees to maintain Customer data in a secure datacenter and is committed to providing 99.5%
uptime and availability. GOGov 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 GOGov 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 Ft 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. Quotes for budgeting purposes will be sent 6 months
prior to subscription renewal. Invoices are sent approximately 60 days prior to subscription renewal. To cancel this
agreement, Customer should submit written notice to GOGov at Billing@GOGovApps.com not less than sixty (60)
calendar days prior to the end of the then -current Term. GOGov 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 Ft Obligations. In exchange for its use of the Subscribed Services, Customer will pay to GOGov 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 GOGov 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 GOGov is provided with a valid tax
exemption certificate authorized by the appropriate taxing authority. GOGov is solely responsible for taxes
assessable against it based on its income, property and employees.
4.4 Convenience Fees. For GOGov products that manage credit card processing, GOGov will add a Convenience Fee of
$3.00 plus 3% per transaction to offset the costs of online processing.
5. Limitation of Liability. GOGov will, at all times during the Agreement, maintain appropriate insurance coverage.
In no event will GOGov's cumulative liability for any general, incidental, special, compensatory, or punitive damages
whatsoever suffered by Customer or any other person or entity exceed 50% of the annual contract value at the point
in time when the circumstances came about to such claim(s) of liability, even if GOGov or its agents have been
advised of the possibility of such damages.
Page 3 of 4
QG0G0v
Order Form 1 2024
6. Updating of Terms. Upon each renewal of this Agreement, the latest Master Terms Et Conditions that GOGov has
published within the software ninety (90) days prior to the renewal date shall replace these terms. Any Special
Terms ti Exceptions listed in the original document shall carryover to the renewal terms. We reserve the right to
change our Master Terms li Conditions at any time. If the changes are material, GOGov 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. Other Provisions
7.1 Other Public Agency Orders. Other public agencies may utilize the terms and conditions established by this
Agreement if agreeable to all parties. Customer does not accept any responsibility or involvement in the purchase
orders or contracts issues by other public agencies.
7.2 Alternate Terms Disclaimed. The parties expressly disclaim any alternate terms and conditions accompanying drafts
and/or purchase orders issued by Customer.
8. Special Terms l3 Exceptions.
The beginning of section 4.1 is amended to read "The initial Subscription Term of this Agreement begins on 7/1 /2024
and will continue to the end of the Initial Subscription Period listed in the Order Form. "
This Order Form is entered into between Customer and GOGov. 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 GOGov, which Customer hereby acknowledges and accepts, constitutes the entire agreement between GOGov
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.
gn:
Name: Daryl Blo s
Title: CEO
Date: 5/6/2024
Additional Customer Signatures (Optional)
Sign:
Name:
Title:
Date:
Page 4 of 4
City of La Quinta, CA
Sign: Jr.
Name: —Jerr cMitlen
Title: City Manager
Date: S 17
ATTEST:
Sign:
1
Name: Monika Radeva
Title: City Clerk
Date:
APPROVED AS TO FORM:
G/fir C
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California