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2023-25 GoGovApps, Inc - GoRequest & GoEnforceMEMORANDUM DATE: August 1, 2023 TO: Jon McMillen, City Manager FROM: Martha Mendez, Public Safety Deputy Director ta Qa�fra CAI_IFORNIA RE: Agreement with GOGOV for Citizen Request Management, Code Enforcement and Data Ticket Integration FY 2023-24 and 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. We 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, 2023 End Date June 30, 2025 _x_ Amount of Agreement, Amendment, Change Order, etc.: $34,704.00 REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount, not individual Amendments or Change Orders! _X_ Insurance certificates as required by the Agreement for Risk Manager approval Approved by: Registered myCOl (LM) Date: 08/08/2023 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 2023 City of La Quinta, CA Citizen Request Management (CRM), Code Enforcement (CE), Data Ticket, GIS July 6, 2023 Prepared By: Prepared For: Kevin Strauss, Director of Sales Martha Mendez (631) 861-5812 mmendez@taquintaca.gov Kevin@GoGovApps.com Page 1 of 5 G O G ov Order Form 1 2023 Subscriptions & Services GORequest $5,448 Citizen Request Management (CRM) - Unlimited Subscription /year GOEnforce $10,020 Code Enforcement Case Management (CE) - Unlimited Subscription /year Data Ticket $1, 248 Integration subscription to Data Ticket /year ArcGIS $3,204 Integration subscription to ArcGIS /year Bundle Discount $2,568 /year Services: $0 Annually: $17,352 Two Year Total: $34,704 Order Details Primary Contact Contact Name: Phone: Title: Email: Contact Name: Quote Month: PO #: (Optional) Cycle: Annual Billing Billing Practices: GOGov will send renewal quotes for budgeting purposes at the beginning of the Quote Month specified. Invoices are sent 45 to 60 days prior to subscription renewal and are due prior to the start of the Subscription Period. To align billing with budget cycles, extend Initial Subscription Period to include extra months and we will send an initial invoice for the extra prorated months and then a second invoice for the remainder of the Initial Subscription Period. Initial Subscription Period: 12 months starting: 7/1 /2023 Replacing Contracts: If replacing existing agreement provide contract # or description Et date. Contract #: (Internal) 2012-014 Page 2 of 5 no, GOGov Order Form 1 2023 Terms & Conditions The following terms are the latest version of the GOGov Master Terms 0 Conditions that is maintained and updated. No part of these terms may be modified other than the "Special Terms Et 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 Et 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. To stop the auto -renewal listed in the foregoing sentence, Customer must submit written notice to GOGov at Billinp,@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 8 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 the fees paid to GOGov by Customer during the six (6) calendar months immediately preceding the circumstances which give rise to such claim(s) of liability, even if GOGov or its agents have been advised of the possibility of such damages. Page 3 of 5 t'aiGOGov Order Form 1 2023 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 Et Exceptions listed in the original document shall carryover to the renewal terms. We reserve the right to change our Master Terms Et 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 Et Exceptions. Section 4.1 revised to read: 4.1 Subscription Term and Termination. Unless otherwise stated above in the Order Detail of this order schedule, Subscription terms are twelve (12) calendar months in duration, The initial Term of this Agreement is effective as of the date of the Customer's signature {"Effective Date") and will continue for 12 months unless otherwise stated in the order detail. At the end of the initial term, Customer's subscription will renew for an additional 12 month term unless Customer provides written notice to GOGovApps not less than Sixty (60) calendar days prior to the end of the initial term. Provided GOGovApps notifies Customer not less than sixty (60) calendar days prior to the end of said prior term, GOGovApps reserves the right to increase the annual fees by 7% on the anniversary date of each annual term. Section 5 revised to read: 5. Limitation of Liability. GOGovApps will, at all times during the Agreement, maintain appropriate insurance coverage, To the extent not offset by its insurance coverage and to the maximum extent permitted by applicable laws, in no event will GOGovApps's cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed the fees paid to GOGovApps by Customer during the twelve (12) calendar months immediately preceding the circumstances which give rise to such claim(s) of liability, even if GOGovApps or its agents have been advised of the possibility of such damages. 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. Page 4 of 5 GOGo GOGov, Inc. Sign: - Name: Daryl B16v'.'e5 Order Form 1 2023 City of La Quinta, CA Sign: Name' n McMillen Title: CEO Title: C;t M Date: 8/7/2023 Sign: Name: Title: Date: i y anager Date: Additional Customer Signatures (Optional) ATTEST: Sign: va Name: Monika Radev Title: Citv Clerk Date: $ l a l a o a 3 ---Zi � _�Ci •:u I WILLIAM H. IHRKE, City Attorney City of La Quinta, California Page 5 of 5