2022-23 Placer Labs Inc - Commercial Analytics for local, regional, & national visitors 2022MEMORANDUM
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 Polic\
[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.: _____________________
___ Agreement term: Start Date ________________ End Date ________________
___ 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
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)
3FZOBUPQSPWJEFUP'JOBODF
05-26-22
Jon McMillen, City Manager
Doug Kinley, Management Analyst
Placer.AI Short-Form Contract Agreement
✔
✔✔
✔502-0000-60301, Software Licenses
✔June 1, 2022 May 31, 2023
✔22,500
✔
x
Approved by: Laurie McGinley 5/31/2022
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 25th day of May,
2022, (“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 78495 Calle Tampico, La Quinta, CA (“City”) and PLACER
LABS, INC., a California Corporation with its principal place of business at 340 S LEMON
AVE., #1277, WALNUT, CALIFORNIA 91789 (“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.”
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 Order Form set forth in Exhibit
“B” (“Order Form”). In the event of any conflict between this Agreement and the Order Form
(or any documents referenced therein), this Agreement shall control. In the event of any
conflict between Exhibit “A” and the Order Form (or any documents referenced therein),
Exhibit “A” shall control.
4. TERM. The term of this Agreement shall be from June 1, 2022 to May 31, 2023,
unless earlier terminated as set forth in the attached Terms and Conditions. This Agreement
may not extend beyond a period of five (5) years, unless under the City’s Fiscal Policies and
Procedures this Agreement is exempt from the five (5) year limitation.
5. COMPENSATION. Vendor shall receive compensation for granting the City a limited, non-
exclusive, non-transferable, non-sublicensable license to access and use the services under
this Agreement at the rates and schedule set forth in the attached Exhibit “C” but in no event
shall Vendor’s compensation exceed Twenty Two Thousand Five Hundred Dollars
($22,500) 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
2
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
Agreement. Extensions to time periods for performance of services, which are determined
by the City to be justified pursuant to this Section, shall not entitle the Vendor to additional
compensation unless City expressly agrees to an increase in writing.
7. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall
be deemed to be an original, and such counterparts shall constitute one and the same
instrument.
8. INSURANCE. In accordance with Section 4 of Exhibit “A,” Vendor shall, at its expense,
procure and maintain for the duration of the Agreement such insurance policies as checked
below and provide proof of such insurance policies to the City. Vendor shall obtain policy
endorsements on Commercial General Liability Insurance that name Additional
Insureds as follows: The City of La Quinta, its officers, officials, employees and
agents.
Commercial General Liability Insurance:
$1,000,000 per occurrence/$2,000,000 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate
Additional Insured Endorsement naming City of La Quinta
Primary and Non-Contributory Endorsement
Automobile Liability:
$1,000,000 combined single limit for bodily injury and property damage
Auto Liability Additional Insured
Workers’ Compensation:
Statutory Limits / Employer’s Liability $1,000,000 per accident or disease
Workers’ Compensation Endorsement with Waiver of Subrogation
Cyber Liability:
$1,000,000 per occurrence/$2,000,000 aggregate
A-1
EXHIBIT “A”
TERMS AND CONDITIONS
1. Compensation. Vendor shall be paid in full
upon signing the Order Form attached under
Exhibit “B” within 30 days of invoice date.
2. Compliance with Law. Vendor shall comply
with all applicable laws and regulations of the
federal, state and local government, including
but not limited to laws and regulations
pertaining to privacy and the protection of
personal information. Vendor shall assist the
City, as requested, in obtaining and maintaining
all permits required of Vendor by Federal, State
and local regulatory agencies.
3. Standard of Care. The Vendor shall perform
the services under this Agreement 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 8 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 8 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
owned, 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,
Code 1 (any auto); 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, from liability to third parties
resulting from Vendor’s alleged or actual
violation or infringement of any United States
patent or any copyright or misappropriation of
any trade secret. The foregoing obligations do
not apply with respect to any portions or
components of “Placer Data” (i) that are
created, compiled, or modified by any party
other than Vendor, (ii) combined with other
products, processes, data, or materials where
the alleged infringement relates to such
combination, (iii) where the City continues
allegedly infringing activity after being notified
thereof or after being informed of alternatives
that would have avoided the alleged
infringement, or (iv) where the City’s use of
Placer Data is not strictly in accordance with this
Agreement. For the purposes of this Exhibit “A,”
“Placer Data” shall mean the data, information,
and materials accessible via the Services, as set
forth in the Order Form, provided by Vendor to
the City as a part of the services under this
Agreement. If, due to a claim of infringement,
Placer Data is held by a court of competent
jurisdiction to be or is believed by Vendor to be
infringing, Vendor may, at its option (a) obtain
for the City a license to continue using Placer
Data or (b) terminate the Order Form and the
City’s rights thereunder and provide the City a
refund of any prepaid, unused fees for Placer
Data.
The Vendor also shall indemnify and hold
harmless the City, its Council, members of the
Council, agents and employees of the City, from
liability to third parties resulting from any
alleged or actual violation by Vendor of all
applicable laws pertaining to privacy and/or the
protection of personal information, including but
not limited to the United States and California
Constitutions, the Freedom of Information Act
A-2
(5 U.S.C. § 552), and the California Consumer
Privacy Act of 2018 (Civ. Code, § 1798.100 et
seq.) as the same may be amended from time
to time.
The foregoing indemnities include, but are 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.
6. Limitation of Liability. IN NO EVENT WILL
EITHER PARTY BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS
OF USE, DATA, BUSINESS, OR PROFITS)
ARISING OUT OF OR IN CONNECTION WITH
THE ORDER FORM, THIS AGREEMENT, THE
SERVICES OR PLACER DATA, HOWEVER
CAUSED AND REGARDLESS OF THE THEORY OF
LIABILITY, EVEN IF IT HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. EXCEPT
FOR NON-PAYMENT OF FEES, EACH PARTY’S
AGGREGATE LIABILITY ARISING OUT OF OR IN
CONNECTION WITH THE ORDER FORM, THIS
AGREEMENT, THE SERVICES OR PLACER DATA
OR FROM ALL CAUSES OF ACTION AND ALL
THEORIES OF LIABILITY WILL NOT EXCEED
THREE TIMES (3X) THE FEES PAID TO PLACER
UNDER THE ORDER FORM DURING THE
PREVIOUS TWELVE (12) MONTHS PRECEDING
ANY CLAIM GIVING RISE TO ANY LIABILITY
HEREUNDER. NOTWITHSTANDING ANY OTHER
PROVISIONS, THE FOREGOING LIMITATIONS
WILL NOT APPLY TO BREACH OF
CONFIDENTIALITY OBLIGATIONS OR BREACH
OF LICENSING RESTRICTIONS.
7. 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.
8. Termination. The City may terminate the
services in accordance with the Order Form.
9. 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; provided, however, that no consent shall
be required for any assignment in connection
with a Sale of Business (as defined below).
“Sale of Business” means an acquisition of
Vendor, a merger of Vendor with or into another
entity, a sale of Vendor’s assets, or similar
transactions. The Agreement will be binding
upon and inure to the benefit of the permitted
successors and assigns of the respective parties
in the Agreement. 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. In the event of any conflict between
this Exhibit A and the Order Form, and/or the
“Marketplace Agreement” or “License
Agreement” referenced in the Order Form, this
Exhibit A shall control. Without limiting the
foregoing, the following provisions shall not
apply to this Agreement:
x Order Form Section 6 to the extent that
it would apply to information and
documents that the City, in its sole
discretion and without any obligation to
deliver notice to Vendor, determines are
required to be disclose pursuant to the
California Public Records Act (Gov.
Code, § 6250 et seq), or any other
applicable law;
x License Agreement Section 5 and
Section 6 (or successor sections, and as
may be amended from time to time).
This Agreement supersedes Vendor’s “Terms of
Service,” which Terms of Service shall not apply
to the services provided hereunder to the extent
they are inconsistent with 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
A-3
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
PLACER LABS, INC.
ORDER FORM
City of La Quinta (“Customer”) Placer Labs, Inc. (“Placer”)
Address: 78495 Calle Tampico
La Quinta, California 92253
Address: 340 S Lemon Ave #1277,
Walnut, California 91789
Contact Person: Doug Kinley Contact Person Bryce Brill
Email: dkinley@laquintaca.gov Billing Contact
Person:
Ethan Low
Phone: 760-777-7085 Billing Email*: accounting@placer.ai
Billing Contact Email: dkinley@laquintaca.gov Billing Phone*: 415-228-2444
*Not for use for official notices.
1. Services.
The services provided under this Order Form (the “Services”) include:
x Access, via Placer Venue Analytics Platform (“Placer’s Platform”), to all major venues within the United
States
x Access, via Placer’s Platform, to reports, including Visits, Trade Areas, Customer Journey, Customer Insights,
Dwell Times, and Visitation by Hour/Day
x Actionable insights include:
o Accurate foot traffic counts and dwell time
o True Trade Areas displaying frequent-visitors-density by home and work locations
o Customers’ demographics, interests, and time spent at relevant locations
o Where customers are coming from and going to, and the routes they take
o Benchmarking of Foot Traffic, Market Share, Audiences, and other key metrics
o Competitive insights
o Void Analysis Reports
x Custom reports per ad hoc needs/requests; in Excel, KML, Tableau, and other formats
x Xtra Credits: Quarterly Maximum of 26 credits; Annual Maximum of 104 credits
x Ad hoc property visitor time lapse video generation upon request
x Premier Customer Support
o Regular meetings with Placer's Customer Success Team
o Live, Virtual Training support as reasonably needed
x Access to STI Demographics Bundle + Mosaic Data Set. The applicable Advanced Demographics and
Psychographics are generated using the Input Datasets from the data vendors as set forth below:
Description Vendors Input Datasets Used
Synergos Technologies (STI) PopStats
Synergos Technologies (STI) Spending Patterns
B-1
x Access to additional data sets mentioned hereunder, via Placer’s Marketplace initiative. The applicable data
sets are generated using the Input Datasets from the data vendors as set forth below (such data vendors, the
“Marketplace Vendors”):
The foregoing are referred to as “Marketplace Services.” Marketplace Services and Marketplace Data are
governed by, and Customer and Placer agree to, the Marketplace License Agreement located at
https://www.placer.ai/placer-marketplace-license-agreement/ (the “Marketplace Agreement”). Capitalized
terms in this section have the meaning set forth in the Marketplace Agreement.
STI Demographics Bundle Synergos Technologies (STI) Workplace
Synergos Technologies (STI) Market Outlook
Experian Mosaic Experian Mosaic Segmentation
Description Marketplace Vendors Input Datasets Used
Additional Data Set Spatial.ai Spatial.ai
2. Permitted Uses
The data, information and materials accessible via the Services are referred to as “Placer Data”. Customer may
use Placer Data solely for the following purposes (“Permitted Uses”): (a) Customer may use Placer Data for
Customer’s internal business purposes; and (b) Customer may incorporate Placer Data into Research Data, as
described and subject to the restrictions below.
“Research Data” means datasets and other materials created by Customer that result in any part from Customer’s
use of Placer Data. The Customer may share Research Data with current and potential customers, and in marketing
materials; provided that the Customer shall cite Placer as a provider of such information. Customer shall not,
directly or indirectly, resell, distribute, sublicense, display or otherwise provide Placer Data to any third parties,
except that Customer may display Placer Data as part of Research Data.
3. Term and Termination.
Initial Term: The initial term of this Order Form will begin as of the last signature date set forth below, and will
continue for 12 consecutive months thereafter (the “Initial Term”). Each renewal or additional term, if any, is
referred to as “Additional Term,” and the Initial Term and any Additional Terms are referred to collectively as
the “Term.”
Additional Term: This Order Form shall continue on the same terms and conditions set forth herein for additional
periods of the same duration as the Initial Term, if mutually agreed in writing by both parties (email would be
sufficient).
Termination: Either party may terminate this Order Form upon thirty (30) days’ notice if the other party
materially breaches any of the terms or conditions of this Order Form or the Agreement (as defined below), and
the breach remains uncured during such thirty (30) days. In addition, Placer may immediately suspend Customer’s
access to the Services, or terminate the Order Form, in the event of non-payment by the Customer or breach by
Customer of any restrictions regarding usage of the Services.
4. Fees.
B-1
$22,500/year invoiced: in full upon signing this Order Form.
Invoice sent electronically to Customer’s billing contact email via NetSuite
Customer shall pay the fees set forth above in this Order Form.
Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum
permitted by law, whichever is lower, plus all expenses of collection.
Customer is responsible for all applicable taxes arising directly from the Services other than U.S. taxes based on
Placer’s net income.
If Customer believes that Placer has billed Customer incorrectly, Customer must contact Placer no later than sixty
(60) days after the closing date on the first billing statement in which the error or problem appeared in order to
receive an adjustment or credit. Inquiries should be directed to Placer’s customer support department at
support@placer.ai.
In the event of any termination, Customer will pay in full for the Services up to and including the last day on
which the Services are available to Customer.
All billing will be sent via electronic invoice to the Customer contact indicated above. Customer shall pay all fees
within thirty (30) days of the invoice date.
5. Support.
Placer will use commercially reasonable efforts to provide customer service and technical support in connection
with the Services on weekdays during the hours of 9:00 A.M. through 5:00 P.M. Pacific Time, with the exclusion
of federal holidays. For any such support, please contact us at support@placer.ai.
6. Mutual NDA.
Each party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or
may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter
referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Placer includes,
without limitation, non-public information regarding features, functionalities and performance of, and pricing for,
the Services. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary
Information, and (ii) not to use (except in performance of the Services or as otherwise permitted by the Agreement)
or disclose to any third party any Proprietary Information. The foregoing shall not apply with respect to any
information that the Receiving Party can document (a) is or becomes generally available to the public, (b) was in
the possession of or known to the Receiving Party, prior to disclosure thereof by the Disclosing Party, without any
restrictions or confidentiality obligations, (c) was rightfully disclosed to it, without any restrictions or
confidentiality obligations, by a third party, (d) was independently developed without use of any Proprietary
Information of the Disclosing Party, or (e) is required to be disclosed by law, provided that the Receiving Party
provides the Disclosing Party with prompt written notice of such requirement and reasonably cooperates with the
Disclosing Party to limit or challenge such requirement. These provisions regarding Proprietary Information shall
apply in perpetuity and shall survive any termination of the Order Form or the Agreement.
B-1
7. Miscellaneous.
All notices under the Order Form and the Agreement will be in writing and will be deemed to have been duly
given (a) upon delivery by a recognized delivery service (e.g., FedEx) with delivery confirmation, (b) upon receipt,
if sent by U.S. certified or registered mail, return receipt requested, or (c) when sent via email, if sent during
normal business hours of the recipient, and on the next business day if sent after normal business hours of the
recipient. Notices shall be sent to the addresses set forth in the Order Form, which addresses may be subsequently
modified by written notice given in accordance with these provisions.
Customer grants Placer the right to use Customer’s company name and company logo, for Placer’s promotional
purposes.
This Order Form is entered into by and between Customer and Placer effective as of the date of the last
signature below. This Order Form and use of the Services are governed by, and Customer and Placer agree
to, the License Agreement located at https://www.placer.ai/placer-license-agreement/ (the “Agreement”);
provided, however, that in the event of any conflict between this Order Form and the Agreement, this Order
Form shall control. Unless otherwise defined in this Order Form, capitalized terms herein have the same
meaning as in the Agreement.
“Customer”“Placer”
City of La Quinta Placer Labs, Inc.
By:By: ,"w":"200"
Name: Jon McMillen Name: Jacov Ben-Zvi
Title: City Manager Title: President
Date: Date: 5/26/2022
7. Miscellaneous.
All notices under the Order Form and the Agreement will be in writing and will be deemed to have been duly
given (a) upon delivery by a recognized delivery service (e.g., FedEx) with delivery confirmation, (b) upon receipt,
if sent by U.S. certified or registered mail, return receipt requested, or (c) when sent via email, if sent during
normal business hours of the recipient, and on the next business day if sent after normal business hours of the
recipient. Notices shall be sent to the addresses set forth in the Order Form, which addresses may be subsequently
modified by written notice given in accordance with these provisions.
Customer grants Placer the right to use Customer's company name and company logo, for Placer's promotional
purposes.
This Order Form is entered into by and between Customer and Placer effective as of the date of the last
signature below. This Order Form and use of the Services are governed by, and Customer and Placer agree
to, the License Agreement located at https://www.placer.ai/placer-license-agreement/ (the "Agreement");
provided, however, that in the event of any conflict between this Order Form and the Agreement, this Order
Form shall control. Unless otherwise defined in this Order Form, capitalized terms herein have the same
meaning as in the Agreement.
P
"Customer"
City of La Quinta
•
B.
Name: Jon McMillen
Title: City Manager
Date: (Q 1 20Z2--
B-1
"Placer"
Placer Labs, Inc.
B:
Name: Jacov Ben -Zvi
Title: President
Date:
C-1
EXHIBIT “C”
COMPENSATION FOR SERVICES
Per vendor agreement:
Compensation to occur during FY 2021/22:
Account No.: 502-0000-60301, Software Licenses
Total Expenditure: $22,500
W �W
ai FORXIA —
Date: Wednesday, June 29, 2022
To: Jon McMillen, City Manager>�
From: Doug Kinley, Management Analyst
Re: SOLE SOURCE JUSTIFICATION FORM - PLACER.AI
Sir,
Please review and sign the attached sole source justification form for Placer.AI, the company
that provides unique economic and marketing analytics. Finance requires your signature for
the Sole Source Justification Form.
Thank you,
IF 'IV
Doug Kinley III I Management Analyst
City Manager's Office
City of La Quinta
78495 Calle Tampico I La Quinta, CA 92253
Ph. 760.777.7085
E. DKinley@LaQuintaCA.Gov.
Main: 760.777.7000
www.la_quintaca.gov
www.12layinlaquitita.com
SELECT/SOLE SOURCE JUSTIFICATION
CALIFORNIA
Select/Sole Source purchases may be made in a non-competitive manner only when in the best
interest of the City and when the price is considered reasonable. Attach this form and other
supporting documents if available, to the purchase Requisition.
Complete responses must be provided for all of the following items.
A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW:
1. Why is the purchase of goods or services restricted to this vendor?
Explain why the purchase cannot be competitively bid.
Examples of Single/Sole Source procurements include, but are not limited to:
Compatibility: The commodity or service matches existing brand of equipment for
compatibility.
• Replacement Part: The item is a replacement part for a specific brand of existing
equipment.
• Emergency: URGENT NEED for the item or service does not permit soliciting competitive
bids.
Based on the compatibility of the service Placer.Al provides, we were able to select this
vendor as the only organization that is able to provide the information we require as they
provide analytics that are not extrapolated at a 5% or 10% rate. The Economic
Development and Marketing Data is much more accurate based on Paneling provided by
anonymous mobile analytics due to an exclusive partnership with app developers only
Placer.Al currently contracts with. 0
2. What market research was conducted to substantiate no competition, including evaluation of
other items considered?
Provide a narrative of your efforts to identify other similar goods/services, including a summary
of how the department concluded that such alternatives are either inappropriate or unavailable.
The names and addresses of suppliers contacted and the reasons for not considering them must
be included OR an explanation of why the survey or effort to identify other goods/services was
not performed.
A call was conducted with Placer.Al, Zartico, Buxton, Tango, and Maptitude, as competitors
in the field. An informal survey of services able to provided yielded that Placer.Al's
compatibility with the City's Business Unit's needs was unmatched. Specific data that is able
to convey visitor trends without extreme assumptions such as "representative of only 5% of
population", is able to be obtained by Placer.Al thanks to a proprietary algorithm that
shows real world data as confirmed by maior retailers such as Tareet and Wal-Mart to be o
B. PRICE ANALYSIS:
3. How was the price offered determined to be fair and reasonable?
Explain what the basis was for comparison. For example, if the item/service has been purchased
in the past, compare historical pricing.
Placer.Al's price was comparable, if not more competitive, while providing superior services
compared to other organizations. Buxton quoted over the phone a $20,000 contract while
providing half the services Placer.Al is able to provide at a similar fee. As such, the City
Manager's Office has determined this is a fair and reasonable cost for the industry while
the software yields better services for our unique needs for analysis of the community.
Doug Kinley, Management Analyst
Prepared By Approved By
Sole or Select Source: Defined as any contract entered into without a corn process, based on a justification that only one known source exists or that only one
single supplier can fulfill the requirements. The requesting depart
,
i, responsible for supplying written justification, approved by the department director or
designee with signing authority for these purchases.
S:\400 FINANCIAL & FISCAL\FINANCE FORMS