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2022-25 Everbridge Inc (Nixle) - Emergency NotificationsMEMORANDUM 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 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 $5,000) 8/3/2022 Jon McMillen, City Manager Dana Lagunas, Sr. Emergency Management Coord. Agreement with Everbridge-Nixle 360 to provide communications software for emergency public and employee alerts. (Contract Renewal) ✔ ✔ ✔226-0000-43120 ✔07/01/2022 06/30/2025 ✔29,250 ✔ Laurie McGinley 08/23/2022 Prepared for: Alexander Johnston City of La Quinta, CA 78495 Calle Tampico La Quinta CA 92253 United States Ph: 7605016221 Fax: +1.760.777.7112 Email: zjohnston@laquintaca.gov Quotation Quote #:Q-93554 Date:4/18/2022 Expires On:6/30/2022 Confidential Salesperson:James Kwan Phone: Email:james.kwan@everbridge.com Contract Summary Information: Contract Period:36 Months Contract Start Date:7/1/2022 Contract End Date:6/30/2025 Year 1 QTY DESCRIPTION PRICE 42,000 Nixle 360 USD 9,000.00 1 Nixle Data Refresh USD 750.00 Year 1 TOTAL:USD 9,750.00 Pricing Summary: Year One Fees:USD 9,750.00 One-time Implementation and Setup Fees:USD 0.00 Professional Services:USD 0.00 Total Year One Fees Due:USD 9,750.00 Ongoing Fees: Year Two Fees:USD 9,750.00 Year Three Fees:USD 9,750.00 Messaging Credits Summary: Initial Credits Allowance Additional Credits Purchased Total Credits Year 1 1,500,000 0 1,500,000 Year 2 1,500,000 0 1,500,000 Page 1 of 3 ,QFOXGHVHQFORVHG([KLELW$ DocuSign Envelope ID: 103664DE-6C6E-4D32-95C1-BCE8192D9AB6 Year 3 1,500,000 0 1,500,000 1. Quote subject to the terms and conditions of the Master Services Agreement, including any amendments, executed between Everbridge, Inc. and the customer listed above. 2. By signing this Quote you represent that you read, understand and agree that the Exhibit A to the current service agreement executed between Everbridge Inc. and the customer listed above shall be deleted and replaced in its entirety with the Exhibit A included with this Quotation. 3. Messaging Credits listed above can be used for Notifications and expire at the end of each year. Consumption of Messaging Credits in excess of these amounts in any year will incur additional charges 4. Subject to sales taxes where applicable. 5. Except for currency designation, the supplemental notes above, if any, supplied in this Quote are for informational purposes and not intended to be legally binding or override negotiated language of the Everbridge Inc. Master Service Agreement. Page 2 of 3 DocuSign Envelope ID: 103664DE-6C6E-4D32-95C1-BCE8192D9AB6 698/015610-0002 17967488.2 a07/12/22 EXHIBIT A Additional Business Terms The following additional business terms are incorporated by reference into the Agreement as applicable based on the particular products and services described on the Quote. If Client Is Ordering Nixle® Products or Community Engagement: 1. Client grants to Everbridge a non-exclusive, royalty free, worldwide and perpetual right and license (including sublicense) to (a) use, copy, display, disseminate, publish, translate, reformat and create derivative works from communications Client sends through the Solutions or www.nixle.com for public facing communications to citizens, other public groups and public facing websites, including social media (e.g., Google®, Facebook®) (collectively, “Public Communications”), (b) use and display Client’s trademarks, service marks and logos, solely as part of the Public Communications to Contacts who have opted in to receive those Communications, and on other websites where Everbridge displays your Public Communications, as applicable, and (c) place a widget on Client’s website in order to drive Contact opt-in registrations. Client further acknowledges and agrees that all personal information from individuals registering through such widget or a Nixle branded website is owned expressly by Everbridge and such information will be governed by the applicable Privacy Policy. If Client Is Ordering Everbridge Suite or Nixle® Branded Products: 1.Messaging Credits. The Solutions include units of usage (“Messaging Credits”) for communications sent by Client through the Solutions to multiple Contacts via one or more communication paths (“Notifications”). No Messaging Credits shall be required to send Notifications by push notification (Everbridge mobile application), by email or by pager. If Client’s use of the Solutions exceeds the amount of Messaging Credits allocated to the account or previously purchased, Client shall pay for such overages and charges back to the date they were incurred. Unused Messaging Credits expire at the end of the annual billing period under the applicable Quote and are not refundable. Additional Messaging Credits may be purchased separately. 2.Usage. Messaging Credits shall be applied per Notification sent by Client through the Solutions. A single Notification is defined as follows: • SMS Text messages: For messages that contain only GSM characters, each 153 characters or portion thereof. For messages that contain any non-GSM characters, each 67 characters or portion thereof. GSM characters include only characters in the GSM 7-bit default alphabet. Character limits for SMS Text messages are determined by telecommunication providers. Everbridge reserves the right to change the length of a single SMS Text message if telecommunication providers update these amounts. • Voice messages or Conference Voice: One minute or portion of a minute of the voice message, calculated on a cumulative basis per month, per destination country. • TTY: One minute per TTY message. • Fax: Per page transmitted. 4XRWDWLRQ4 'DWHG ([SLUHV DocuSign Envelope ID: 103664DE-6C6E-4D32-95C1-BCE8192D9AB6 698/015610-0002 17967488.2 a07/12/22 -2- 3. Role-based Limits. If Client exceeds any role-based limits (such as the number of Contacts, Resolvers or authorized users of a Solution) set forth on the applicable Quote, Client shall pay for such additional role-based numbers as of the date that the overage began. Payment shall be at the role-based number rate in the Quote and shall be paid for the duration of the term of such Quote. 4. Other Usage Limits. If the applicable Quote sets forth any geographic, departmental, entity-based or other limitation on usage of the Solutions, then Client’s use of the Solutions is expressly limited to Contacts who are based in such geographic area, department or entity or who otherwise meet the usage limitation criteria specified in the Quote. Client’s use of the Solutions with any Contacts who are not included within such limitations shall constitute a material default under this Agreement and shall subject such Client to additional charges for such unauthorized usage. DocuSign Envelope ID: 103664DE-6C6E-4D32-95C1-BCE8192D9AB6