Contract with Granicus Inc. 09-09-14.pdf

8/11/2019 Contract with Granicus Inc. 09-09-14.pdf

1/42

CITY OF CARMEL-BY-THE-SEA

Council Report

September 8, 2014

To: Honorable Mayor and Members of the City Council

From: Jason Stilwell, City Administrator

Submitted by: Susan Paul, Administrative Services Director

Subject: Consideration of a Resolution Authorizing the City Administrator toEnter into a Contract with Granicus Inc. For Agenda and LegislativeManagement Services in an Amount Not to Exceed $39,168 for aPeriod of September 15, 2014 through March 15, 2016 and a

Contract for Project Management Oversight Services with PublicConsulting Group in an Amount Not to Exceed $20,800.

RECOMMENDATION(S):

That the City Council:

1. Adopt a Resolution ( Attachment I ) Authorizing the City Administrator to enter into acontract with Granicus Inc. ( Attachment II ) for agenda and legislative managementservices including in an amount not to exceed $39,168 for a period of September 15, 2014through March 15, 2016 and a contract for project management oversight services with

Public Consulting Group ( Attachment III ) in an amount not to exceed $20,800.

EXECUTIVE SUMMARY:

On November 5, 2013, the City County adopted the FY 2013-2017 Information Technology StrategicPlan. The Plan included five goals:

Goal 1: Residents, businesses, visitors and staff have easy access to the information andtransactions they need at their convenience (anytime; anyplace).

Goal 2: IT applications are designed to encourage collaboration and communication amonginternal and external users.

Goal 3: Processes and procedures are in place to manage and track IT investments to ensurethey directly and measurably, support business priorities, initiatives and outcome goals.

Goal 4: The Citys applications effectively streamline business processes, improve informationsharing and enable an outcome-based, accountable approach to service delivery.

Goal 5: City staff are provided tools and training that enable them to work collaboratively toprovide internal and external customers the highest quality service and support.

Agenda Item: 7.E


2/42

Acquisition of the above products and services addresses Goals 1, 2 and 4 of the IT Plan by: Providing easy access to documents through a searchable archive of Citys legislative process. Increasing citizen outreach and engaging a wider audience using online tools including the

ability to comment on agenda items, planning documents and other City initiatives online.

Streamlining the process of developing, approving, and posting City Council, PlanningCommission, and other key meeting agendas, minutes and materials by:

o Automating the agenda creation and approval tracking system.o Enabling for paperless agenda distribution.o Enabling action style minutes and streamlining the minutes making process.o Enabling easy and timely posting of meeting videos, agendas and minutes.

ANALYSIS/DISCUSSION : (including why Council is considering the item and justification for recommendation)

Since April 2008, the City has been a Granicus customer using their broadcasting capabilities for CityCouncil and Planning Commission meetings. Granicus has proven itself to be a reliable partner.Since its founding in1999, Granicus has been a leader in promoting government transparency throughprovision of tools to facilitate broadcasting and tracking the decisions made by local governing bodies.

Over 1000 clients in all 50 states, at every level of government Over 31 million government webcasts viewed More than 265,350 government meetings online First fully integrated legislative workflow management system for local government

Although, there have been a number of other companies recently entering the market providing similarservices, Granicus maintains a 97% customer satisfaction rating and a 99% client retention rating.Even so, the City researched and reviewed a number of competing products. A number of factors ledto the selection of Granicus for this next phase of IT Plan implementation.

Granicus has been a reliable partner to the City for over six years. They provide a full webcasting service offering including encoding, minutes annotation,

transcription, and closed captioning services. Their Speak Up citizen participation suite provides an online forum to help cities prioritize

projects and make the best decisions for their community. Citizens can vote on, comment onand share other citizens ideas, as well as their own such as collectingideas for community improvement, obtaining feedback on projects underway and prioritizingkey public initiatives. Speak Up can be up and running just a few short weeks after contractapproval.

The Legislative Management system provides for full tracking of the legislative process fromstart to finish including full text search to aid in finding specific items, and provides an archiveof the actions taken.

The new Granicus App Store provides an easy way to acquire and launch a growing number ofinexpensive applications developed by Granicus partners. The current list includes tools forcommunicating solid waste and recycling schedules, easily publishing financial data, a texting

Agenda Item: 7.E


3/42

tool for citizen outreach and others. These new applications are designed to be easily pluggedinto the Citys security structure making implementation and maintenance easy.

Granicus provides on-site training and support as opposed to remote only as is common withother vendors.

A fully-integrated suite of legislative management products from one vendor eliminates theneed for coordination among multiple vendors, especially if problems occur. With Carmelslimited number of technical staff, this is a significant consideration.

Public Consulting Group understands the expectations of the Citys Administrative ServicesDepartment and has a good working relationship with the project team. The PCG Team isimmediately prepared to provide effective Project Management, Oversight and Support Services. Bothmanagerial and technical staff will be assigned to the project. They will work alongside City staffproviding guidance, oversight and technical support as the Granicus team works with City staff todefine requirements, document workflow and implement the new hardware and software.

FISCAL IMPACT:

The implementation of an Agenda Management and Legislative Management system is anapproved FY 2014-15 Capital Project. The project is funded through a combination of GeneralFund and Public Educational and Governmental funding (PEG).

Budgeted (Yes/No) Funding Source( general fund, grant, state)

Yes General Fund 01-67053General Fund 50-25050-0804

18 Month Cost

Description ImplementationMonthly

Subscription

Extendedfor 18

MonthsTotal

Granicus - Hardware andSoftware Acquisition, Trainingand Implementation

$14,850.00 $1,351.00 $24,318.00 $39,168.00

Total $14,850.00 $1,351.00 $24,318.00 $39,168.00

Project Management Cost

DescriptionImplementation

MonthlySubscription

Extendedfor 18

Months

Total

PCG Project Management $20,800.00 $20,800.00

Total $20,800.00 $20,800.00

Agenda Item: 7.E


4/42

PREVIOUS COUNCIL ACTION/DECISION HISTORY:

In January 2013, the City Council adopted the development of the IT Strategic Technology andInteractive Government Projects, one of its key initiatives.

November 5, 2013 - Adoption of the FY 2013-2017 Information Technology Strategic Plan January 7, 2014 Adoption of the implementation of Year 1 of the IT Plan as a key initiative for

2014

ATTACHMENTS:

Attachment I Resolution

Attachment II Granicus Contract

Attachment III Public Consulting Group Contract

REVIEWED BY:

City Administrator City Attorney Administrative Svcs

Assistant City Admin. Director of CPB Director of Public Svcs

Public Safety Director Library Director Other: ___________

Agenda Item: 7.E


5/42

At tachment I

CITY OF CARMEL-BY-THE-SEACITY COUNCIL

RESOLUTION NO. 2014-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINSTRATOR TO ENTER INTO A

CONTRACT WITH GRANICUS INC. FOR AGENDA AND LEGISLATIVEMANAGEMENT SERVICES IN AN AMOUNT NOT TO EXCEED $39,168 FOR A PERIOD OF SEPTEMBER 15, 2014 THROUGH MARCH 15, 2016 AND ACONTRACT FOR PROJECT MANAGEMENT OVERSIGHT SERVICES WITHPUBLIC CONSULTING GROUP IN AN AMOUNT NOT TO EXCEED $20,800

WHEREAS, on November 5, 2013, the City County adopted the FY 2013-2017 Information Technology Strategic Plan; and

WHEREAS, the Plan included five goals designed to encouragecollaboration and communication among users, streamline business processes,and provide ease of access for internal and external users; and

WHERAS, a component of the Plan is to implement an agenda andlegislation management system that automates the agenda creation andapproval tracking, enables paperless distribution, enables action style minutesand streamlines the minute making process, and enables easy and timely

posting of meeting videos, agendas, and minutes; and

WHEREAS, Granicus has been a reliable partner to the City for over sixyears; and

WHEREAS, Granicus can provide a full webcasting service offeringincluding encoding, minutes, annotation transcription and closed captioningservices; and

WHEREAS, Granicus contains a Speak up citizen participation suite that

provides an online forum to help cities prioritize projects and make best decisionsfor their community. Citizens can vote on, comment, and share other citizenideas; and

WHEREAS, the legislative management system provides for full tracking ofthe legislative process from start to finish including full text search to add infinding specific items, and provides an archive of the actions taken; and

Agenda Item: 7.E


6/42

WHEREAS, Granicus can provide an App Store for inexpensiveapplications and a fully integrated suite of legislative management productseliminating the need for multi-vendor contracts; and

WHEREAS, in order to implement this product, expert project managementservices are required; and

WHEREAS, Public Consulting Group (PCG) has been involved in the ITStrategic Planning process, development of the Plan, and managed theprocurement process; and

WHEREAS, the PCG team is immediately prepared to provide effectiveproject management oversight and support services.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF

THE CITY OF CARMEL-BY-THE-SEA DOES:

Authorize the City Administrator to Enter into a Contract with Granicus Inc. for Agenda and Legislative Management Services in an Amount Not to Exceed$39,168 for a Period of September 15, 2014 through March 15, 2016 and aContract for Project Management Oversight Services with Public ConsultingGroup in an Amount Not to Exceed $20,800

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OFCARMEL-BY-THE-SEA this 8 th day of September, 2014, by the following roll call

vote: AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

SIGNED: ATTEST:

_________________ _______________________Jason Burnett, MAYOR Lori Frontella

Interim City Clerk

Agenda Item: 7.E


7/42


8/42

Agenda Item: 7.E

Client agrees to comply with Granicus ' reasonable instructions with respect to the alleged defectiveGranicus Software.

2.4 Limitations. Except for the li cense in Section 2.2 , Granicus retain s all ownership andproprietary rights in and to the Granicus Software, and Client is n o t permitted, and will no t assist orpermit a third party, to: (a) utilize the Granicus Softwa re in the capacity of a serv ice bureau o r on a

time share basis; (b) reverse engineer, decompile o r ot herw ise attempt to derive source code fromthe Granicus Software; (c) provide, disclose, or otherwise make availab le the Granic us Software, orcopies thereof, to any third party; or (d) share, loan, or ot her w ise al low another Meet in g Body, in oroutside its jurisdiction, to use the Granicus Software, or copies th ereof, except as expressly outl in edin the Proposal.

3. PAYMENT OF FEES

3.1 Client agree s to pay all costs as outl in ed in Exhibits A and B.

3.2 Fifty percent (50 ) of all up-fr ont fees are due upon Granicus' receipt of a purchaseorder. The remaining fifty percent (50 ) of up -f ront fees are due upon completion of deployment.

Quarterly billing for Managed Services shall begin upon com pletion

of depl oyment. Client will beinvoiced a pro-rated amount from the deployment completion date through the end of t equarter. Thereafter, Client will be billed each January I, April I , Ju ly I, and October I . Clien t agreesto pay a ll invoices fro m Granicus with in thirty (30) days of receipt of invoice.

For Open Platform, Government Transparency, and Meeting Efficiency Suites, dep lo yment iscomplete once the software is installed , tested and deemed by the Cl ient a nd G ranic us to be readyfor Cl ient s use.

For Legislative Management deployment is complete once the hardware and softw are are installed,tested , and deemed by Granicus to be ready for C li ent s use, and the Legistar database isconfigured for the Client and the Client and Granicus agree deployment is complete . The databaseis considered to be fully configured after the final Needs Analysis Call and System Acceptance hasbeen signed by the City.

3.3 Granicus, Inc. shall send all invoices to:

Name:Title:Addre ss:

Susan PaulAdministrative Services DirectorP.O.Box CCCarme l-by-th e-Sea, California 93921

3.4 Train ing Cancellation Policies. Granicus' poli c ies on Client cancellation ofscheduled trainings are as fo ll ows:

(a) Onsite Training. For any cancellat ions within forty-eig ht ( 48) hours of thescheduled onsite training, Granicus, at its sole discretion, may invoice the Client for onehundr ed (I 00) per cent of the purchased training costs and all travel expenses, including anyincurred third part y cance ll ation fees. Subseq uent training will need to be purchased andscheduled at th e previously quoted pricing.

- age -


9/42

Agenda Item: 7.E

4 CONTENT PROVIDED TO GRANICUS

4.1 Responsibility for Content. The Client shall have so le control and responsibilityover the determination of which data and information sha ll be includ ed in the Content that is to betransmitted , including , if applicable, the determination of which cameras and microphones shall b eoperational at a ny particular tim e and at any particular locat io n

4.2 Restrictions. C li ent shall not provide Granicus with any Content th at: infringesany third party 's copyright, patent , trademark , trade secret or other pr opr ietary ri ght s; (ii) violatesany law, statute, ordinance or regulation , inc luding without li mit at ion the law s and regulation sgovern ing expo rt co ntrol and e-ma il/s pam ; (iii) is defamato ry or trad e libelous; (iv) is pornographicor obscene , or promotes, solic its or comprises inappropri ate , harassing , abu siv e, profan e, defamatory ,lib elous, thr eatening , indecent, vulgar , or otherwise objectionable o r constitutes unl awful content oractivity; (v) con ta ins any viru ses, or an y other s imilar softwa re, data , or program s that may dam age,detrimentally int erfere with , intercept, or ex propriate any sys tem , data , information , o r propert y ofanot her.

5 TRAD EM ARK OWNERSHIP. Gra nicu s and C lien t 's Trademarks are listed in the

Trademark In fo rmation exhibit attached as Ex hibit E

5 1 Ea ch Part y s hall retain al l right, title and interest in and to th e ir own Trademarks ,in cl uding any goo dwi ll associa ted therewith, subj ect to the limited li cense granted to the Clientpu rsuant to Section 2 hereof. Upon any te rmination of thi s Agreement , each Part y's right to us e theot her Party 's Trademarks pur suant to th is Sect ion 5 t erminat es .

5.2 Each party grants to the othe r a non-exclusive, non-transferable (o t he r than asprov ided in Sectio n 5 hereof), limit ed lice nse to use the othe r party 's Tra demark s as is reaso nablynecessary to perform its ob ligat ions under this Agreement , provided that any promotional materialsconta ini ng the other party's trademarks sha ll be subject to the prior written approv al of such otherparty, w hi ch app ro va l sha ll not be unre asona bly withh e ld.

6 LIMITATION OF LIABILIT Y

6 1 W arranty Disc laimer. Except as expressly provid ed here in , Granicus servic es,software and de liverables are prov ided as is and Granicus expr ess ly di sc la im s any a nd a ll exp ressor impli ed warranties , inc ludin g but not limit ed to impli ed wa rra nti es of mercha nt abili ty, and fitne ssfo r a particular purpose. G rani cus does not wa rrant that access to or use of its software or serv iceswi ll be uninterrupted or error free. In the event of any interruption , Granicus so le obligation sha llbe to use co mm erc ial ly reasonable ef f orts to res tor e access.

6.2 Limitati on of Liabilities. To the m ax imum extent permitted by app lic able law,G ranicus and its su pplier s and lice nso rs s hall not be liable for any indirect, special, incidenta l,

co nse quenti al, or punitiv e damages, whether foreseeable or not, includin g but not limit ed to: tho sear is in g out of access to or in ab ilit y to access the servi ces, softwa re , co ntent , or re lated te chni ca lsupp ort; damage s o r cos ts re lat in g to the lo ss of: profi ts or revenues, goo dw ill , data (i nc ludin g los sof use or of data, loss or inaccu racy o r co rrupt ion of data); or cost of procurement of su bst itute goods,services or technology , even if advised of the possibility of such damage s and even in the event ofthe fa ilure of any exclusive rem edy .

- Page


10/42

Agenda Item: 7.E

7. CONFIDENTIAL INFORMATION OWNERSHIP.

7.1 Confidentiality Obligations. Confidential Info rmation shall mean all proprietary orconfidential information disclosed or made available by the other party pursuant to this Agreementthat i s identified as confidential or proprietary at the time of disclo sure or is of a nature that shouldreasonably be considered to be confidential, and includes but is not l imited to all bus in ess, technical

and other information including wi t hout limitation, a ll product , se rvice s fi nancial, marketing ,engineering, re searc h and development information, product spec ifications , technica l data , datasheets, software, inventions , processes, training manuals, know-how and any other information ormaterial), disclosed from time to time by the disclosing party to the receivin g party, directly orindirectly in any manner whatsoever including without limitation, in w ri ti ng, ora lly, electron ically,or by inspection); provided, however, that Confidential Information shall not include the Contentthat is to be published on the website s) of Client.

7.2 Each party agrees to keep confidential and not di sc lo se to any third party, and to useonly for purpose s o f performing or as otherwise permitted under this Agreement, any ConfidentialInformation. The receiving party shall protect the Confidential Informa tio n using measures simi larto those it take s to protect its own confidentia l and proprietary information o f a s imi lar nature but

not les s than reasonable measures. Ea c h party agrees not to disclose the Confidential Information toany o f its Representativ es except those who are required to have the Confidential Information inconnection with this Agreement and then only if such Representative is either subject to a writtenconfidentiality agreement or otherwise su bject to fiduc iary ob ligations of confidentiality that coverthe confidential treatment of the Confidential Information.

7.3 Except ions. The obligations o f t hi s Section 7 shall not ap p ly if receiv in g party canprove by appropriate documentation that such Confidential Information i) was known to thereceiving part y as shown by the receiving party s files at the time of disclosure thereof, ii) wasalready in the public domain at the time of th e disclosure thereof , i ii) ente red the p u blic domainthrough no action of the receiving party subsequent to the time o f the disclo su re t hereof, or iv) isrequired by law or government order to be disclosed by the rec eiving party, provided that the

receiving pa rty shall i) notifythe

disclosing party in writing o f such required disc

losure as soon asreasonably possible prior to suc h disclosure , ii) use its comme rcial ly reasonable efforts at its expenseto cause such disclosed Confidential Information to be treated by su c h governmental authority astrade secrets and as confidential.

8. TERM

8.1 The term o f this Agreement shall commence on the date hereof and shall continuein full force and effect for eighteen (18) months after the date hereof. T h is Agreement shallautomatically renew for an additiona l three 3) terms of one 1) year eac h, unle ss ei t her patty notifiesthe other in writing at least thirty (30) da ys prior to such automatic renewal that the party does notwish to renew this Agreement.

8.2 Rights U pon Termination. Upon any expiration or term inati on of thi s Agreement,and unless otherwise expressly provided in an exhibit to this Agreement:

(a) Client s right to access or use the Granicu s Solution, in cluding GranicusSoftware, terminates and Granicus ha s no further obligation to provide any services;

(b) Client shall immediately return the Granicus Software a nd all copies th e reofto Granicus, and within thirt y 30) days of termination, Client sha ll deliver a written

Page - ---------------- - -


11/42

Agenda Item: 7.E

certification to Gran ic us certifying that it no longer has cust ody o f a ny copies of he GranicusSoftware.

8.3 Ob ligati ons Upo n Termination. Upon any termina t ion of this Agreement,

(a) the parties sha ll remain responsible for any payments tha t ha ve become due

and owing up to the effect ive date of terminatio n;

(b) the provisions of2.1, 2.4, 3, 4, 5 6.1, 6.2, 7, 8.3, and 10 ofthe agreement,and applicable provisions of the Exhibits intended to survi ve, shall survive term ination ofthis Agreement and co ntinu e in full fo rce and ef f ec t;

(c) pursuan t to the Termination or Expiration Opti ons Regard ing Co nten t,Granicu s shall allow the C li ent reasonable acce ss to the Cl ient s Co ntent, includi ng, but notlimited to, a ll video recording s, time sta mps , indi ces, and cross -referenced documentation.The C lien t shall also hav e the option to order hard copie s of the Content in the form ofcompact discs or other equivalent format; and

(d ) Granicus has the right to delete Content within s ixty ( 60) days of theexpirati o n or term in ation of this Agreement.

9. PATENT, CO PYRIG HT AND TRADE SECRET INFRINGEMENT.

9.1 Gran icu s Options. If the Granicus Software bec omes , o r in Gran icu s opinion islikely to becom e, the subject of an infringement claim , Gra n ic us may, at its option an d so ledi sc re tion , (i) obtain for C li ent the ri ght to continue to use the Granic us So f tware as provided in thisAgreement; (ii) replace the Granicu s Software with another software p roduct that pro vides s im ila rfunctionality; or (iii) if Granicus determines that neith er of the forego ing op t ions a re reaso nabl yavailable , Granicus may cease providing the applicable serv ice s or req uire that Cl ien t cease use ofand de st roy the Granicus Software. In that event, and provided that Clien t returns o r destroys (andcertify to such destruction of) all copies of the Granicus Software in Client s possession o r con trol ,if any, Granicus will refund to Client all licen se fees paid by Client und er the cur rent Agreeme nt.

10. MISCELLANEOUS.

10.1 Amendment and Waiver. Thi s Agreem ent ma y be ame nded , mo difi ed, wa ived orcanc e led on ly in w riting signed by each ofthe patties hereto o r, in the case of a wa iver , by the partywaiving compl ian ce. An y failure by eit her party to strictly enforce any provision of thi s Agreementwill not be a wa iv er of that provision or any further default.

I 0.2 Attorney Fees. Should e ither party to this Agreement brin g legal ac t ion against t heother, (formal judicial proceeding, mediation or arbitration), the case shall be ha ndled in Mo ntereyCounty , California, and the party prevailing in suc h action s hall be entitled to a re aso nab le attorney sfee which will b e fixed by the judge , mediator or arbitrator he aring t he case and suc h fee s hall beincluded in the judgment , together with all co sts.

10.3 Construction and Severability. Wherever possible , each provision of his Agreementshall be inte rpreted so that it i s valid under appli ca ble law. If any provis ion of this Agreement is heldillegal or unenf orce able, that provi s ion will be reformed only to the extent necessary to make th eprovi s ion legal and enforceable; all r emaining provisions continu e in fu ll for ce and effect.

- - age 5 .. - -


12/42

Agenda Item: 7.E

10.4 Independent Contractors. The parties are independent contractors and no otherrelationship is int en ded by this Agreement.

10.5 Force a jeure. O ther than paymen t obligations neithe r party is responsible for anydela y or fa ilu re in performance if caused by any event outs ide the reasonable co ntr ol of the party includin g without limitati on acts of God gov ern ment re g ul ations shortage of sup pl ies ac t of wa r

act of ter ro ri sm eart hquake o r electrical intern et or tel ecomm un ica t ions outage.

10.6 Closed Captioning Services. C lient and Gra nicu s may ag re e that closed capt ioningor tran sc ription se rvice s will be provid ed by a third party under t his agreement. n suc h case Clientexpressly understands that the third party is an independent contractor and not an agent or employeeof Granic us. Granicus is not liabl e fo r acts performed by suc h indepe nd ent third party.

[T he r ema inder of t hi s page left blank intent ionally]

This Agreement co ns ist s of this Service Agreement as well as the following exhibits wh ich areincorporated here in by reference as indicated:

Page


13/42

Agenda Item: 7.E

Exhibit A:Exhibit B:Exhibit C:Exhibit D:Exhibit E:

Exhibit F:

ProposalCurrent SolutionSupport InformationHardware ExhibitTrademark Information

Termi nati on or Expiration Option s Regarding Content

IN WITNESS WHEREOF the parties have caused this Agreement to be executed by theirduly authorized representatives

GRANICUS INC.

By:

Tom Speng ler

Its: Chief Executive Officer

Addres s:

600 Harri son St Suite 12

San Franci sco CA 94 107

City o Carmel-by-the-Sea

By:

Ja son Stilwell

Its:

C ity Admini strator

AddressP.O. Box CCCarmel-by-the-Sea California 93921

Date:

Page


14/42

Agenda Item: 7.E

EXHIBIT A

PROPOSAL

Solutio n or the City o Carmel by the ea

ageS


15/42


16/42

Agenda Item: 7.E

.r n l ~ u s

Granicu s Solution for the City of Carmel-by-the-Sea

July : 4, 2014

Dear SJIIy N a r . ~ .

On the tollowng pilge:; you w ill t nd J brtakdown of the needs th ,t WI hrlve uncovered, ou proposEd

s ulron som of our key drf':?rent ra tors c t ar 1 d prrtng Jnd il h e ~.,,Jt that o ~ t.m our n d t teps Please

note: Th s letter ~ ~ NOT il st.1ndard covL. letter or J proposal. The ro l of thrs te:acr s t j ~ r v c as both a

ceo d of the c o n v e r ~ at i o n swe've had and a collaborattvc sp


17/42

Agenda Item: 7.E

.g r a n c u s

Solutions

We have ril,. .u>sed .orne P C i f t CWJVS to adores_ : he chol en6CS t he City of Carn v'{ l CSca is aci'l l . 8 :owr ~ h ~ tthJ t I bllu.?Vt' reprc;ent:; lht b ~ s tpossrbl: . :;elutions :

A ut o r n o . . ~t e the Jgend.r trCJ t ton and approvJI trackmg y s t t m

)t:archablc a rchrv or C1ty l n c r e J ~ cJ utH .dCh 1 td enga15e J wtdcr audience usrng online tools

Comment o a g c n d < ~1 t e m ~online

ove to "a t ton styll m i n u t ~ sJnd streaml.nc mtnllteS mak,ng prot::cs;

P.Jpcr less agendJ dst"butJon ~ . r t hGr ancus ILCt:ISidtc a ;Jp

Me a su re of Success

Hr rc arc some ot the wavs w, v i measure v0ur su.:ess w th our so ut'vns

St,Jif wnc savt:d to fwcJiizc d t ~ c n c., n uutt>s, a11d M.leo of t \ c t t:,A brC.ld r ep n ~ ~ tt \1ve ~ r o u p, lf t t ; : e n ~.Jre r..:g:;larlv mtcract ' \ the :::1: 1 Joel ttl w ~ b

Thr. y ot Carm Li bytr> -SLa is J moat l for how ;mall cites c 1n usc tl chnotogy to run thelf

cove -r ne n t mort lt w ntly .

Be iO' t studieS lr


18/42

Agenda Item: 7.E

Plan

I u n d c r~ ta n dthe city wou d tkc ~ 0 cct these ~ y s t c m stmp lcmcr.tco >OOn Some LOmponents t.Jke l o ~ g c rto

succ ..fully im p l(;mcnt thun othcrs. ror example, the L l g i ~ I J t t v cM a n a g e m ~ n tsolutton is an e m c r p r , ~ ewtdP.c u s : o n m ~ dsol t1on that t.Jkcs up to 90 days i rom the NK ,K vfl Can to tmplcmcnt SL.< . s ~ ' u ly Some of ~ r c

pr, -prOJI?Ct m t l ~ s t o n e sar hstr;ci tn the tab c below but I d

c.Jn roll out these solution 1n d W.J'f that w o r 1 < ~wvll for you

I :Jm l o o K : n ~furward to ~ e t t n fthe ,. lv ol C. rmcl -bytheS d I ''CCt ~ s i l ~ . J IJ around tram::> cncv . ~ vcm o ~ ' l d f c m c n tc ~ n tntrnc ctttzl " t tpa ton Our ncployment team .Jno I . tl ,,ork 1. 1th ~ c t .


19/42

Agenda Item: 7.E

2)gron1cus .P r o p o ~ a lRevlf. wand VaiJdc-1t1on- Th N ~ x tS t ~ p

c .stc:.n c t .. t ol. \ . .,)J p f \ f o1, .. 0 I i; fa( fd 0 C.1'S r ;

' our . o ' ~' lo" p ' , c L ~ .

5 our .Jgcnda . : ~ n dm Jtes lorl 'ats1 or c 10 dO t ' l ~ tJ proper teChf' o al o " o J or dr of t os t c r : cd >ICP t e n ~ ~ c c .>.now for ~ u r t.., o: a C.r,Jr S solut o w

c ~ tor vOU and M \ r rf' r . t t o oponcns t l H ,ou n r Thrs p r . _ p o ~ a f"not too l ~ l l 'u :rl ,., knr:.v. that I hr:or lt t o ,n JII t

cortt< l >Ofutoon ciP.MCIIb ano


20/42

Agenda Item: 7.E

.ran1cus

Budgetary Impact~ : > c : ~ n t t S')l . ti r w i h u. sed on r ,rr cl- -r ()S a s ~ P o1 go 1C r 11c t a a rcy t 1 ZL 1, . . ,c g elf oenc 1 OLCCS O ~ oo ~ r ' r d c oJ r crmttut t t . 5 4 u . ~ >11; s


21/42

Agenda Item: 7.E

.,0 gran1cus .

PROPOSAL [Xi> IRES S/ l / 2 0 1 4

r m ~

'o . yo . .b 'tJ t h . -~ J f t . a ~ , . r n , r d 1-Jc:


22/42

Agenda Item: 7.E

gr n cus

Pro j ect Template for Similar Implementations

l Pgi )f:l tivc . . f u r J t Q L r ~ l t nt - On}t_n_t :AdmlfiJ'.lr.aliun nmnyAd m Or hr S '>'>IOns I St \1on J hou . 1 t

Who h o u l ddtt tnd A n ~ o n c( ' S ~ o rtl for .tdn n.str.llt : .c tJ

Lt'CJI'ililllvc> Aanaqunent - O n ~ i t cU:: er Trdtntn 1

Gr dft r r : r .slfl l l lg

J au trc n ng 5tssrons fu c Io l : olltnCt t

V\ ho \hould atrend: T os who urc r

dXl.,,( tJ t on nto tt

J/10.- 1 UO . H; t ' S ~on. for up to 12 Oll t wCt S

o h o u l d < ~t t e n d .n o se wh o . Jc rc pon blclorut : trg hcApo,ol1Tr1 ~ Sf ' t m ( A ' ' S ) ~ o a , p r o . - e o ~ r e d deM

pr ;r : o t t ~ . J c t ~ ; J t a n c eto futuro:: age d a ~J J those e ~ p o 1 1 s:lie tor udnur 1 ~ 1Jl t r .egt.TM

A. ntla Pr 1dl J l l : l l

Page16


23/42

Agenda Item: 7.E

J gran cus J ~ hour r'o n.nc s ss,onsjor t.;J to I ~ o w ~ n d ~ s

Wno ~ h o u l d.u tcnd T ~ u~c ,., oO J rc rcsponsrt e too ucot : ng a nd :'ub:rst>rng J C ~ n d a sfro, tre Jppr u JCd . .gc d . o t ~ n ;dtt o t' ,..,soc. . s.blc tor Jdm . tr at n e; lq l . o1:

) . J /our C Q .n ,ng Sl l S.OnS for w.O O 1 o.JITCn;J I t >

Who should attend ;.ryOnl' r c ~ J O ~ t ;1 f o r : ~< ng 1' 1 ~ t . t C Sd ' I ll he tr o t ng {loll'f' S'all'p 0: a t doloi(' T'S t > ~ O r d{(r otcs ,, tJ: ro s ~ n J vows dur ~ l Jtl-,c rT'cct n c a" d tho c res(:-:n b.c or old,., noS r J rfl L


24/42

Agenda Item: 7.E

., gran cus C o u r ~ t P t c r ~q u ~ l t e .Adrn nOr c s or ~ ~~ P . r J

Who >hOuld ~ l t . . : n d Ar

Who h o ul d a tt end lhr:> Cler l. eue-y => .; t L < ~ : 'a J thO

Who hould attend r hc Pubhc lr II


25/42

Agenda Item: 7.E

age9


26/42

Agenda Item: 7.E

.gran1cus

Proposed Solut ions

Legi5 a fiv anagement Sui ft)

h ~ Let : I.Hrve Mcln


27/42

Agenda Item: 7.E

gran1cusitizen articipation Suite

The C 1 t 1 z ~ nPartictpatton Suite c r . c o t ~ r a g t . . : sg ~ c a t c rcommumty cnp,agerrH.'rll in poductue n ~ . vways

onltne . Collccttdeas for communtty lmprovcrnt nt,lc'lt'rar,e feedback on p r o j ~ . : r Lunuer.vay, and

IJJIOr t w key publit " l t l t J l i V < ~J\UoN cittwm to d ~ lv contribute . c w " ~ L nor lz_ tde.ls ' ' ~ i n.. dcustom. zed wr?bstte ddcdt : u ~ -ons forun ~ Jllc

~ u r 1 c ytools ~ ocoiled feedbac on sp CIItc toptr, LJt your cornmumly rnakc morl. ' tnformed op1nions -

dtU v i t r . < . : ~ducc l t t nh c, p l ' " n t a t r o n ~c atcd \ 0 \Our l l ' U i l ' L l ~ .>lddltiO lallv, U l l z c n ~w 'l be dUle t

ch:ctrcnicJ ly subrnlt t? rr, ents for ah.,rldULd r;cms u . nr. an on :1e orrr: twd to your upcommg

mcltutg c u , s i o n ~rdea f o r u m ~ .Jnd svuey to .l ~ t oc.:>llect f..:o.:db..J::i.. on spec1 1t p r O J . t t ~

Pnor :t ze ~ . c yIJUbltt onlt1Jtrvt:s

Rcce1ve comments ectronJcal y 'or rt..,ms on the ag nda

Run detailed rl'port t o T Icc brtt . r rnbrmed c c 1 ~o n ~

A c c c ~ ,comrnllnrly rdc. . demographics, anc feedback on d n

Pad mth tlcgtsl.,tl '

__ ._____ _

age2

- ....


28/42

Agenda Item: 7.E

EXHIBITB

CURRENT SOLUTION

Granicus MediaManager SoftwareGranicus MediaManager consists of a set of web-based software tools designed to efficientlyorganize and manage your public meeting and non-meeting content. T hese tools put the control ofweb publishing public meeting workflow and system reporting into the hands of non-te chnicaluser s

Public Site to access media Protected Admin S ite

o Media Acqui sition toolso Automatic Live Event Scheduler and Archive Publishingo Media Clip Adm inistrationo Meeting Agenda Parsero Searchable Indexeso Meet ing Document Managero Media Downloado Media Delivery Subsystemso Summary Reportso Templateso Vi ews System

Granicus Managed ServicesGranicus has crafted the Managed Services program to compliment each indiv idual solutio n andensure its success rega rdle ss of your network environmen t or technical expertise. Imp lemen tin gthis program prov ides each c lient expert attention and support. The Granicus Managed Servicesprogram is based on four comprehensive components: storage and distribution manageme nt proactive systems management continuous software upgrades and unlimited customer advocacy.

Storage and Distribution Management Proa ctive Systems Management Software Updates and Bug Fixes Unlimited Customer Support

Page


29/42


30/42

Agenda Item: 7.E

incorporated in thi s exhibit by reference. Granicus shall submit a cos t proposal including all costspertaining to furnishing the Client with the enhancements/modification s.

5. I Documentation. After the SOW has been executed by each party , a detailed requireme ntsand detailed design document shall be submitted illustrati ng the complete financial terms thatgove rn the SOW, proposed project staffing, anticipated project sc he dule, and other info rm at ion

relevant to the project. Such enhancements or modifications shall become part of the licen sedGranicus Software.

5.2 Acceptance. C lient understands that all work contemplated by thi s exhibi t is on a timeand-materials basis un less otherwise stated in the SOW. Within ten (I 0) business da ys ofGranicus' comp letion of the milestones specified in the SOW and delivery of the applicableenhancement/modification to Cl ien t Client will provide Granicus w ith w ri tten notice of itsacceptance or rejection of the enhanceme nt/modification, based on the acceptance criteria set forthin the SOW. Cli ent agrees that it will not reject any en hancement/modification so long as itsubstantially complies with the acceptance criteria.

5.3 Title to Modifications. All such modifications or enhancements shall be the so le property

of the Granicus.

6. Limitat ion of Liability; Exclusive Remedy. IN TH E EVENT OF ANY INTERRUPTION,GRANICUS SOLE OBLIGATION, AND CLIENT S EXCLUSIVE REMEDY, SHALL BE FORGRANICUS TO USE COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS ASSOON AS REASONA BLY POSSIDLE.

[ nd o Support Information]

age4


31/42

Agenda Item: 7.E

EXHIBITD

GRANICUS, INC.

HARDWARE EXHIBIT

THIS HARDWARE EXHIBIT is enter ed into by Granicus and Client , as an attachment to the ServiceAgreement between Granicus and Client, for the hardware components of the Granicus Solution (the

Hardware ) provided by Granicus to Client. This exhibit is an additional part of the Service Agreementand is incorporated therein by reference . Capitalized terms used b ut not defined in this exhibit have themeaning s given in the Service Agreement.

1. Price. The price for the Hardware shall be the price spec ified in the Pr oposal.

2. Delivery. Any scheduled ship date quoted is approximate and not the essence of this exhibit.Granicus will select the shipment method unless otherwise mutually agreed in writin g Granicus retainstitle to and ownership of all Granicus Software installed by Granicus on the Hardware, notwithstanding theuse ofthe term sale or purchase.

3. Acceptance . Use of the Hardware by Client , its agents, employees or licensees, or the failure byC lient to reject the Hardware within fifteen (15) days following delivery of the Hardware, constitutesClient's acceptance. Client may only reject the Hardware if he Hardware does not conform to the applicablewritten spec ifications.

4. Service Response Time. For hardware iss ues requiring replacement, Granicus, Inc. sh a llrespond to the request ma de by the Client within twenty-four (24) hours. Hardware servic e repairor replacement will occur within seventy-two (72) hour s of determination of a h ardware issue , notincluding the time it take s for the part to ship and travel to the Client. The Client shall grant

Granicus, Inc. or its repre se n tatives access to the equipment for the purpose of repair orreplacement at reasonable times. Granicus, Inc. will keep the Client in fo rmed regarding thetimeframe and progress of the repair s or replacement. Once the Hardware is rece ived Client 'sresponsibilities will include:

a Mount server on client rack (if applicable)

b Co nnectin g or iginal network cables.

c. Connecting original audio and video cables (if applicable) .

5 LIMITATION OF LIABILITY. GRANICUS SHAL L NOT BE LIABLE FORCONSEQUENTIAL, EXEMPLARY, INDIRECT , SPECIAL, PUNITIVE OR INCIDENTAL DAMAG ES

ARISING OUT OF OR RELATING TO THIS EXHIBIT INCLUDING WITHOUT LIMITA TION LOSSOF PROFIT , WHETHER SUCH LIABILITY ARISES UNDER CONTRACT , TORT (INCLUDINGNE GLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE , EVEN IF GRANICUS HAS BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE COULD HAVEBEEN REASONABLY FORESEEN. I N NO EVENT WILL GRA NICUS' LIABILITY TO CLIENTARISING OUT OF OR RELATING TO THIS EXHIBIT EXCEED THE AMOUNT OF THE PRIC EPAID TO GRANICUS BY CLIENT FOR THE HARDWARE.

_ Page25


32/42

Agenda Item: 7.E

6. Hardware. In the event of malfunction for Hardware provided by Granicus, Hardware will berepaired or replaced as per the warranty, and as detailed in thi s Exhibit.Granicus provide s the above mentioned serv ice s under Client s acknowledgment that all Granicus tools ,and systems will be instal led by the ma nufa cturer c hosen by Granicus within the Hardware , provided tothe client. These software tools have been qualified by Granicus to allow the highest leve l of service forthe client. While it i s Granicus intention to provide al l Clients with the same leve l of customer care a nd

war ranty , shou ld the Client decline these recommended tools, certain levels of service and warranty maynot guaranteed.

7. Purchased Hardware Warranty. For Hardware purchased from Granicus by Client, Granicusw ill pro vide to Client a three (3) year warranty with respect to the Hardware. Within the three (3) yea rwarranty period, Granicus shall repair or replace any Hardware provided directly from Granicus that failsto function properly due to normal wear and tear, defec tiv e workmanship, or defective ma teria ls.

8. Use of Non Approved Hardware . The Granicus p latform is designed and rigo rous ly tested basedon Granicus-approved Hardware. In o r er to provide the highest level of support, Granicus requires theuse of Granicus-approved Hardware in your solut ion. While it is Granicus intenti on to pr ov ide all clie nt swith the same level of customer care and continuous software upgr ades, Granicus does not mak e anyguarantees or warranties whatsoever in the event Cl ient uses non-approved hardware.

9. Client Changes to Hardware Prohibited. lient sh a ll not install any software or softwarecomponents that have not been agreed upon in advance between client and Granicus technical

st a ff. While it is Granicus intention to provide all clients with the same level of customer care, Granicusdoes not make any guarantees or warranties whatsoever regarding the Hardware in the event C lient violatesthis provi s ion.

end o f Hardware xhibit}

age6

- - - -


33/42

Agenda Item: 7.E

EXHI ITE

TR DEM RK INFORM TION

Granicus Regi stered Trademarks

.gr n cus

Granicus logo as a mark

GranicusMedia VaultMobile Encoder/)1)Outcast Encoder Stream Rep I cator

Granicus Trademark Names T

Integrated Public RecordInte lligen t RoutingTLinkedMinutesTLiveManager

Medi aCe nter 'Med aManagerTMeeti ngMem berMeet ingServerSimulcast EncoderVoteCasC'VoteCasf ClassicVoteCasf Touch

Cl ient Trademarks

_ _ age7

-


34/42

Agenda Item: 7.E

EXHIBITF

TERMIN TION OR EXPIR TION OPTIONS REG RDING CONTENT

In case of termination by Client or exp iration of the Service Agreement, Granicus and theClient shall work together to provide the Client with a copy of its Co ntent. The Client sha ll havethe option to choose one 1) of the following methods to obtain a copy of its Content:

Option : Video /Audio files made available through optional media: data CD, externalhard drive, or G ra nicu s provided FTP site. A CSV, XML, and/or database file will be

included providing clip information , and/or legi s lative content.

Option 2: Provide the Content via download from MediaManager or from a special sitecreated by Granicus. his option sha ll be pro vided free of charge .

Option 3: Granicus sha ll provide the me ans to pull the content using the GranicusApplication Programming Int erface. This option shall be provi ded free of char ge.

The Client and Granicus sha ll work together and make their best efforts to transf er the Contentwithin the sixty 60) day termination period. Granicus has the right to delete Content from its

services after sixty 60) days.

_ Page8


35/42

Attachment III

ASD-PCS-PCG-GR-023-2014-15

CONTRACT FOR PROFESSIONAL CONSULTING SERVICES

THIS CONTRACT is executed_______ this day of ______2014, by and between theCITY OF CARMEL-BY-THE-SEA, hereinafter referred to as CITY and Public ConsultingGroup, Inc., hereinafter called CONSULTANT.

IT IS HEREBY MUTUALLY AGREED AS FOLLOWS:

1. Scope. CONSULTANT hereby agrees to provide to CITY, as the scope ofservices under this Contract the services set forth in Exhibit A attached hereto andincorporated herein by this reference.

2. Timely Work. CONSULTANT shall perform all duties incidental ornecessary in a timely fashion; and shall be performed diligently, competently, and inaccordance with professional standards of performance. Failure to so perform is herebydeemed a material breach of this Contract, and CITY may terminate this Contract with nofurther liability hereunder. City may agree in writing with CONSULTANT to an extensionof time. It is expressly agreed and understood that CONSULTANT shall not be heldresponsible for delays occasioned by factors beyond their control, nor by factors that couldnot reasonably have been foreseen at the time of execution of this CONTRACT.

3. Term. The work under this Contract on the Granicus Agenda andLegislative Management project shall commence September 2014, and shall terminate uponcompletion of the project. The parties may agree to extend or amend this Contract prior toits expiration.

4. Compensation. CITY shall pay CONSULTANT in an amount not toexceed $20,800 in accordance with this Contract.

Compensation under this Contract shall become due and payable thirty (30)days after CITYs approval of CONSULTANTS submission of monthly written invoices.Written invoices shall clearly itemize each charge. The payment of any compensation toCONSULTANT hereunder shall be contingent upon performance of the terms andconditions of this Contract to the satisfaction of the City Administrator.

If the City Administrator determines that the work set forth in the writteninvoice has not been performed in accordance with the terms of this Contract, CITY shallnot be responsible for payment until such time as the work has been satisfactorilyperformed.

5. Additional Services . In the event that CITY should request additionalservices not covered by the terms of this Contract, said services will be provided byCONSULTANT and paid for by CITY only after a fee for said services has been agreed upon

Agenda Item: 7.E


36/42

- 2 -

between CONSULTANT and City Administrator and the City Administrator provideswritten authorization for the additional work.

6. Meet and Confer . CONSULTANT agrees to meet and confer with CITY orits agents or employees with regard to services as set forth herein as may be required byCity Administrator to insure timely and adequate performance of this Contract.

7. Indemnification . CONSULTANT hereby agrees to the followingindemnification clause:

To the fullest extent permitted by law (including, without limitation,California Civil Code Sections 2782 and 2782.6), CONSULTANT shall defend (with legalcounsel reasonably acceptable to designated agents, departments, officials, representatives,and employees (collectively Indemnitees) from and against claims, loss, cost, damage,injury expense and liability (including incidental and consequential damages, court costs,reasonable attorneys fees, litigation expenses and fees of expert consultants or expertwitnesses incurred in connection therewith and costs of investigation) to the extent theyarise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct ofCONSULTANT, any SUB-CONSULTANT, anyone directly or indirectly employed by them,or anyone that they control (collectively Liabilities). Such obligations to defend, holdharmless and Indemnify any Indemnitee shall not apply to the extent that such Liabilitiesare caused in part by the negligence, or willful misconduct of such Indemnitee.

Notwithstanding the provisions of the above paragraph, CONSULTANTagrees to indemnify and hold harmless CITY from and against any and all claims, demands,defense costs, liability, expense, or damages arising out of or in connection with damage toor loss of any property belonging to CONSULTANT or CONSULTANTS employees,contractors, representatives, patrons, guests or invitees.

CONSULTANT further agrees to indemnify CITY for damage to or loss ofCITY OF CARMEL-BY-THE-SEA property to the proportionate extent they arise out ofCONSULTANTS negligent performance of the work associated with this Contract or to theproportionate extent they arise out of any negligent act or omission of CONSULTANT or anyof CONSULTANTS employees, agents, contractors, representatives, patrons, guests orinvitees; excepting such damage or loss arising out of the negligence of CITY.

8. Insurance . CONSULTANT shall submit and maintain in full forceinsurance as described herein. Without altering or limiting CONSULTANTS duty toindemnify, CONSULTANT shall maintain in effect throughout the term of this Contract, apolicy or policies of insurance with the following minimum limits of liability:

Commercial general liability insurance including but not limited to premises,personal injuries, bodily injuries, products, and completed operations, with a combinedsingle limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate.

Professional Liability Insurance CONSULTANT shall maintain in effectthroughout the term of this Contract professional liability insurance with limits of not lessthan $1,000,000 per claim and $2,000,000 in the aggregate. CONSULTANT will eithermaintain or cause to be maintained professional liability coverage in full force or obtain

Agenda Item: 7.E


37/42

- 3 -

extended reporting (tail) coverage (with the same liability limits) for at least three (3) yearsfollowing CITYS acceptance of work.

Workers Compensation Insurance If CONSULTANT employs others in theperformance of this Contract, CONSULTANT shall maintain workers compensationinsurance in accordance with California Labor Code section 3700 and with a minimum of$100,000 per occurrence for employers liability.

9. Ownership of Work. Upon completion of the work under this Contract,ownership and title to all materials and deliverables produced as part of this Contract willautomatically be vested in CITY and no further contract will be necessary to transferownership to CITY.

10. Licensing. CONSULTANT represents that it is properly licensed to performthe work specified under this Contract, including but not limited to, possession of a currentcity business license.

11. Termination. This Contract may be terminated by either party upon

thirty (30) calendar days written notice to the other party. In the event of such termination,CITY shall pay CONSULTANT for all services performed to the satisfaction of CITY to thedate of receipt of notice of termination. An itemized statement of the work performed to thedate of termination shall be submitted to CITY. In ascertaining the services actuallyrendered hereunder up to the date of termination of this Contract, consideration shall begiven to both completed work and work in process of completion, and to complete andincomplete drawings and other documents whether delivered to CITY or in the possession ofthe CONSULTANT.

12. Agency. In performing the services specified under this Contract,CONSULTANT is hereby deemed to be an independent CONSULTANT and not an agent oremployee of CITY.

13. Authority of the City Administrator . CONSULTANT shall perform allnecessary services provided under this Contract and outlined in the proposal and shall do,perform, and carry out said work in a satisfactory and proper manner as determined by andto the satisfaction of the City Administrator. The City Administrator reserves the right tomake changes, additions or deletions, to the scope of work as deemed necessary or advisableto implement and carry out the purposes of this Contract. The City Administrator isauthorized to execute change orders.

14. Responsibility of Consultant . By executing this CONSULTANT representsand state to CITY that he/she possesses, or will arrange to secure from others, all necessaryprofessional capabilities, experience, resources and facilities necessary to provide to city theservices contemplated under this Contract. CONSULTANT further warrants that he/shewill follow the current generally accepted practices of the profession to make findings,render opinions, prepare factual presentations, and provide professional advice andrecommendations regarding the project for which services are rendered under this Contract.

15. Materials and Equipment . CONSULTANT shall furnish at his/her ownexpense, all materials and equipment necessary to carry out the terms of this Contract.

Agenda Item: 7.E


38/42

- 4 -

16. Digital Files. CONSULTANT shall furnish copies of all deliverables oncompact disks (for example, final report) in digital format. Files shall be compatible with thecurrent versions used by PC computers.

17. Audit Authority . CONSULTANT shall keep full and detailed accounts andexercise such controls as may be necessary for proper financial management under thisContract; the accounting and control systems shall be satisfactory to CITY. CITY and CITYsauditor shall be afforded access to CONSULTANTs records, books, correspondence andother data relating to this Contract. CONSULTANT shall preserve these records, books,correspondence and other data relating to this Contract for a period of four (4) years afterfinal payment or for such longer period as may be required by law. In addition,CONSULTANT agrees to make said records, books, correspondence and other data relatingto this Contract available to CITY at CITYs principle place of business upon seventy-two(72) hours advance written notice. The City Administrator, or his or her designee, shall at alltimes have the right to inspect the work, services, or materials. CONSULTANT shallfurnish all reasonable aid and assistance required by CITY for the proper examination of thework or services and all parts thereof. Such inspection shall not relieve CONSULTANT form

any obligation to perform said work or services strictly in accordance with the specificationsof any modifications thereof and in compliance with the law.

18. Notices. All notices herein provided to be given, or which may be given byeither party to the other, shall be considered fully received when made in writing anddeposited in the United States mail, certified and postage prepaid, and addressed to therespective parties as follows:

CITY: City AdministratorCity of Carmel-by-the-SeaP.O. Box CCCarmel-By-The-Sea, CA 93921

CONSULTANT: Public Consulting Group, Inc.2150 River Place Drive, Suite 380Sacramento, CA 95833

19. Entire Contract . This Contract constitutes the entire contract betweenthe parties hereto and supersedes any and all prior contracts, whether oral or written,relating to the subject matter thereof. Any modification of this Contract will be effectiveonly if it is in writing signed by both parties hereto.

20. Validity . If any provision in this Contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue infull force without being impaired or invalidated in any way.

21. Assignment of Interest . The duties under this Contract shall not beassignable, delegable, or transferable without the prior written consent of CITY. Any suchpurported assignment, delegation, or transfer shall constitute a material breach of thisContract upon which CITY may terminate this Contract and be entitled to damages.

Agenda Item: 7.E


39/42

- 5 -

22. Conflict of Interest . CONSULTANT shall at all time avoid conflicts ofinterest, or the appearance of conflicts of interest, in the performance of this Contract.CONSULTANT shall file statements of financial interest on forms provided by CITY to theextent and at the times required by CITYS Conflict of Interest Code and applicable law.

During the term of this Contract CONSULTANT shall not directly orindirectly, either as a partner, employer, employee, consultant, principal, and agent or inany individual or representative capacity, engage or participate in any business orvoluntary activity on behalf of any other party on any property located within the City ofCarmel-By-The-Sea without notification to City Administrator.

23. Non discrimination/Affirmative Action . CONSULTANT will notdiscriminate against any employee or applicant for employment because of race, creed,color, sex, age, national origin, marital status, physical or other motor handicap, unlessbased upon bonafide occupational disqualification.

CONSULTANT will take affirmative action to ensure that applicants areemployed and that employees are treated during employment without regard to their race,creed, color, sex, age, national origin, marital status, physical or other motor handicap.

24. Counterparts . This Contract may be executed in multiple originals, eachof which is deemed to be an original, and may be signed in counterparts.

25. Laws. CONSULTANT agrees that in the performance of this Contract itwill reasonably comply with all applicable state, federal and local laws and regulations.This Contract shall be governed by and construed in accordance with the laws of the Stateof California and the City of Carmel-By-The-Sea.

26. Attorneys Fees and Court Venue . Should either party to this Contractbring legal action against the other, (formal judicial proceeding, mediation or arbitration),

the case shall be handled in Monterey County, California, and the party prevailing in suchaction shall be entitled to a reasonable attorneys fee which shall be fixed by the judge,mediator or arbitrator hearing the case and such fee shall be included in the judgment,together with all costs.

27. Severability. If any term of this Contract is held invalid by a court ofcompetent jurisdiction, the remainder of this Contract shall remain in effect.

IN WITNESS WHEREOF, this Contract is entered into by the parties hereto inCarmel, California, on the day and year first written above.

CITY OF CARMEL-BY-THE-SEA

By: _____________________________

Its: _____________________________

CONSULTANT

Agenda Item: 7.E


40/42

- 6 -

By: _____________________________

Its: _____________________________

Agenda Item: 7.E


41/42

Exhibit A

Project Management Services for Implementation of the Agenda and LegislativeManagement Project Page 1

1. Project Management Services for Implementation of the Agenda and Legislative Management Project

The City of Carmel-by-the-Sea recently adopted an Information Technology StrategicPlan and is seeking a contractor to provide Implementation Support Services for Year 1of the Plan. This includes the implementation of a Legislation and Agenda ManagementSystem.

Good project managers and a strong technical staff are necessary to ensure a soundimplementation of IT projects on-time and within budget, with a close eye on minimizingscope creep. This includes carefully defining project scope, requirements, budget andschedule as well as over-seeing the work of vendors hired to implement the selectedhardware and software. A successful implementation requires that all components ofthe project come together seamlessly to meet the organizations goals while balancingthe need to get work done in the meantime.

In close coordination and partnership with the City, PCG consultants will ensure thefulfillment of the required executive, management and technical roles outline above inorder to successfully implement the new systems.

2. Statement of WorkPublic Consulting Group, Inc. proposes a strong team to assist the City in itsimplementation.

Ms. Sally Nagy will provide CIO Advisory, Project Management, and related services tothe City. Working in partnership with City departments, Ms. Nagy shall fulfill thefollowing objectives, expectations and duties:

Oversee the implementation of the Agenda and Legislative Management System;In addition, she will serve as Project Manager, providing day-to-day planning andoversight on this project. She will also provide technical and business analyst expertise.

Sr. Level Consultants will provide subject matter expertise as necessary based uponthe particular application being implemented.

3. ReportingThe PCG Team will report to Ms. Nagy who will report to the City Administrator or hisdesignee.

4. CompensationThe City shall pay PCG according to the schedule below for services pursuant to thisagreement.

Agenda Item: 7.E


42/42

Date post:	02-Jun-2018
Category:	Documents
Upload:	l-a-paterson
View:	227 times
Download:	0 times

Contract with Granicus Inc. 09-09-14.pdf

Documents