HomeMy WebLinkAboutReso 2011-1709
RESOLUTION NO. 2011- 17 tf1
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, APPROVING THE FIRST
AMENDMENT TO AGREEMENT WITH GRANICUS FOR
WEBCASTING, ANNOTATED MINUTES, AND RELATED
SERVICES, IN AN AMOUNT NOT TO EXCEED TWENTY-TWO
THOUSAND EIGHT HUNDRED NINETY -SIX DOLLARS
($22,896.00), EXTENDING THE TERM OF THE AGREEMENT TO
SEPTEMBER 18,2012, ATTACHED HERETO AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID
AMENDMENT TO AGREEMENT; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach was desirous of overhauling our paperless
agenda system and to provide more access to public records; and
WHEREAS, MCCi is a fully-customizable web-based agenda management package that
will enable us to produce professional hardcopy and/or electronic agendas that are easier to
access and navigate through; and
WHEREAS, the Granicus system works with the MCCi system enabling the City to
broadcast those agendas on the web, providing remote access to the full agenda packet to elected
officials, staff and the public, and to produce annotated minutes; and
WHEREAS, on September 18, 2008, the City Commission via Resolution No. 2008-
1310 approved an Agreement with the Granicus system; and
WHEREAS, the City being satisfied with Granicus services desires to approve the First
Amendment to Agreement to continue the webcasting, annotated minutes and related services,
and extending the term of the Agreement from September 19,2010 through September 18,2012,
in an amount not to exceed Twenty- Two Thousand Eight Hundred Ninety-Six Dollars
($22,896.00), payable monthly in the amount of Nine Hundred Fifty-Four Dollars ($954.00),
attached hereto as Exhibit "A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of First Amendment to Agreement. The First Amendment to
Agreement with Granicus for webcasting, annotated minutes and related services, extending the
term of the Agreement from September 19,2010 through September 18,2012, in an amount not
to exceed Twenty-Two Thousand Eight Hundred Ninety-Six Dollars ($22,896.00), payable
monthly in the amount of Nine Hundred Fifty-Four Dollars ($954.00), attached hereto as Exhibit
"A", be, and the same, is hereby approved.
R2011- Granicus First Amendment To Agmt Webcasting And Mins Page 1 of 2
Section 2. Authorization of Mayor. The Mayor is hereby authorized to execute said
Amendment to Agreement.
Section 3. Authorization of City Manager. The City Manager is hereby authorized to do all
things necessary to effectuate this Resolution.
Section 4.
Effective Date. This Resolution shall become effective upon adoption.
PASSED AND ADOPTED this 21st day of April 2011.
. ATTEST:
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'. ~al!e A. Hin~s, C.MC, City Clerk
Moved by: ~~ GkrTe
Seconded by: (1~ Sc:..\-(.Dl-L-
V ofe: S-b
Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
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t/Y es)
(Yes)
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_(No)
_(No)
_(No)
_(No)
_(No)
R2011- Granicus First Amcndment To Agmt Webcasting And Mins Pagc 2 of 2
FIRST AMENDMENT TO CITY OF SUNNY ISLES BEACH
AND GRANICUS. INC. CONTRACT NO. C1011-042
FIRST AMENDMENT TO THE GRANICUS, INC. AGREEMENT, executed this -2- day of
, 2011, is made a part of the original Agreement between the parties, dated September 18, 2008,
attached ereto as Attachment "A" and incorporated herein (the "Agreement"), approved via Resolution No. 2008-
1310 between the City of Sunny Isles Beach ("City") and Granicus Inc. ("Contractor"), a business corporation
whose Federal Identification # is 1/- J. 010 1:2.0. The City and Contractor hereby agree as follows:
1. EXTENSION OF TERM: The City wishes to exercise its option to extend the term of the Agreement from
September 19,2010 through September 18,2012.
2. COST: The Contractor agrees to charge an amount not to exceed Twenty-Two Thousand Eight Hundred
Ninety-Six Dollars ($22,896.00) for services performed under the Agreement.
3. ANNUAL APPROPRIATION OF FUNDS: The Agreement shall be subject to an annual appropriation
for its specific purpose by the City Commission. Should the City Commission fail to appropriate funds for this
Agreement during this extension period, the City shall terminate this Agreement upon thirty (30) days written
notice.
4. OTHER PROVISIONS REMAIN IN EFFECT: Except as specifically modified herein, all terms
and conditions of the original Agreement between the parties, dated September 18, 2008 and approved via
Resolution No. 2008-1310, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the date mentioned above.
GRANICUS, INC.
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City of Sunny Isles Beach
Attn: Priscilla Walker
18070 Collins Avenue
Sunny Isles Beach FL 33160
United States
City of Sunny Isles Beach
Attn: Priscilla Walker
18070 Collins Avenue
Sunny Isles Beach FL 33160
United States
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October 1, 2010- September 30, 2011
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ATTACHMENT "A"
GRANICUS,INC.
SERVICES AGREEMENT
TI-IIS AGREEMENT, dated as of _,2008 is bet\veen GRANICUS, INC.,
a Califomia Corporation and the City of Sunny Isles Beach (the "Client").
A. Granicus, Inc. has developed a streaming media solution and Media Management
Software that specializes in Internet Broadcasting.
8. The Client desires to (i) purchase the Granicus Solution which will facilitate
streaming and distribution of live and archived video and audio content (ii) engage Granicus. Inc.
to integrate its Media Management Software onto the Client's existing website, and (iii) contract
with Granicus, Inc. to administer the Streaming Solution through a Managed Services solution.
NOW, THEREFORE, in consideration of the foregoing and the mutual agreements,
covenants, representations and waITanties herein contained, the parties hereto agree as follows:
I. GRANICUS SOLUTION: INSTALLATION: MAINTENANCE: PAYMENT.
1.1 Installation of Granicus Solution.
(a) Granicus, Inc. shall have the following obligations in connection with the
installation of the Granicus Solution:
(i) install, set-up and test the Granicus Solution. including. if
necessary, installing the computers, and loading any necessary software:
(ii) conduct one initial "train the trainer" training session, using a
combination of written procedures (in English) and hands-on training. on the use
of the Granicus Solution: and
(b) The Client shall have the following obligations 111 connection with the
installation of the Granicus Solution:
(i) provide physical space at the site locations that is appropriate and
sufficient for the Granicus Solution, including a controlled access area for the
computers and associated hardware, equipment and accessories: and
(ii) Compensate all costs related to the installation and deployment of
the Granicus solution as described in Section I.J.
(i i i)
Section 5.2.
Compensate all Managed Services payments as described In
1.2 Maintenance of Equipment.
(a) For three (3) years after the Purchase Date. GraniclIs, Inc. shall repair or
replace any Dell or Tangent Equipment, provided directly from Granicus, Inc., that fails to
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function properly due to nonnal wear and tear, provided that any such failure is not
covered by insurance maintained by the Client. For one (1) year after the Purchase Date,
Granicus, lnc, shall repair or replace all other Equipment, provided directly from Granicus,
Inc., that fails to function properly due to normal wear and tear. provided that any such
failure is not covered by insurance maintained by the Client. Granicus, Inc. shall not be
responsible, however, for any such failure that is due to other causes, such as power surge.
fire, flood or other casualty, accident, vandalism. misuse or abuse. alteration of the
Equipment or failure of the Client to maintain a proper environment or otherwise properly
care for the Equipment.
(b) Graniclls. Inc. has the technology in place to continually monitor all
equipment and should any malfunction appear Graniclls, Inc. shall immediately notify the
Client. Granicus, Inc. shall respond to requests to repair or replace any non-functioning
Equ ipment. provided directly from Gran icus. with in twenty-follr (24) hours from the time
that notice is received, and the Client shall grant Granicus. Inc. or its Representative's
access to the Equipment for this purpose at reasonable times. Granicus, Inc. will keep the
Client informed regarding the time frame and progress of the repairs or replacemcnts.
(c) Graniclls, Inc. shall offer continuous customer support to the Client and
shall be dedicated to ensuring that the Client is completely satisfied with Granicus products
and services. Granicus staff shall be available to the Client twenty-four (24) hours a day,
three-hundred and sixty-five (365) days a year, via the customer support I ines, A II support
numbers are listed at the end of this Agreement.
1.3 Pavment.
(a) Upon execution of this Agrecment. Granicus shall invoice and the Client
agrees to pay fifty percent (50%) of the cost of Granicus Software and Professional
Services as outlined in the Proposal. attached hereto and incorporated herein as Exhibit A.
(b) Upon delivery of any purchased Equipment to Client, Granicus shall
invoice and the Client agrees to pay the cost of the Equipment (including shipping costs) in
full. as outlined in the Proposal.
(c) Upon the completion of Client Installation ancl Training, Granicus shall
invoice and the Client agrees to pay the remaining fifty percent (50%) of the cost of
Granicus Software and Professional Services as outlined in the Proposal.
(d) Monthly billing for Managed Services shall begin upon completion of the
initial Training or upon the commencement of Client use of the Granicus Solution, defined
as any public streaming, document posting, podcasting, or internal streaming that is not for
system testing or validation purposes, as agreed upon in the Proposal.
(e) Client agrees to pay all invoices from Granicus, Inc. within thirty (30) days
of receipt of invoice. The City's performance and obligation to pay costs under this
Agreement is contingent upon an annual appropriation for its purposes by the City
Commission. If the City disputes any charges on the invoices. it may make payments of
the uncontested amount and withhold payment on the contest amounts until they are
resolved by agreement between the pal1ies. CJranicus, Inc. shall send all invoices to: City
of Sunny Isles Beach. Attn: Finance Department. 18070 Collins Avenue. Sunny Isles
Beach, FL 33160.
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I A Total Cost. The total cost for up-front software, professional services and hardware
shall not exceed nineteen thousand, three hundred. and ninety-seven dollars and fifty cents
($19,397.50) as outlined in the Proposal, attached hereto and incorporated herein as Exhibit A. The
total cost for monthly Managed Services Fees shall not exceed nine hundred and fifty-four dollars
and zero cents ($954.00) per month. as outlined in the Proposal. The Client is entitled to two (2)
months of free Managed Services Fees, a total value of one thousand, nine hundred and eight
dollars and zero cents ($1,908.00), by virtue of signing this Agreement before September 30,2008.
2. USE OF MEDIA MANAGEMENT SOFTWARE.
2.1 Use. Granicus, Inc. agrees to provide Client with a Revocable, non-transferable
and non-exclusive account to access the Media Management Software; and grants Client a
Revocable, non-sublicensable, non-transferable and non-exclusive right to use the Media
Management Software. The Media Management Software is proprietary to Granicus, Inc.. and
protected by intellectual property laws and international intellectual property treaties. Client's
access to, and use of the Media Management Software is licensed and not sold. Client will be
responsible for any applicable costs and taxes associated with Client's use of the Services. or use of
the Services through Client's account.
3. CONTENT PROVIDED TO GRANICUS. INC.
3.1 Responsibility for Content. The Client shall have sole control and responsibility
over the determination of which data and information shall be included in the Content that is to be
transmitted, including, if applicable, the determination of which cameras and microphones shall be
operational at any particular time and at any particular location. The Client shall not provide to
Granicus, Inc., or permit to be provided to Granicus, Inc., any Content that (a) infringes or violates
any third parties' Intellectual Property Rights, rights of publicity or rights of privacy. (b) contains
any defamatory material, or (c) violates any federal, state, local or foreign laws. regulations or
statutes.
4. OWNERSHIP; INTELLECTUAL PROPERTY RIGHTS & SECURITY.
4,1 Content Ownership. The Client shall O\vn all right. title and interest in and to all
Content on a worldwide basis, including, without limitation, all Intellectual Property Rights
relating thereto, (i) with respect to Content captured by cameras or microphones at the venue. al the
time such Content is so captured and prior to the time it is transm itted to the computer al the venue
and (ii) with respect to all other Content, at the t ill1e such Content is tranSI1l itted or otherwise
provided to Granicus, Inc. pursuant to this Agreement. To Ihe extent that any such Content is
protectable by copyright, such Content shall be deemed 10 be "works made for hire" under the
copyright laws of the United States.
4.2 Trademark Ownership and License,
(a) The Client shall retain all right. title and interest in and to its Trademarks,
including any goodwill associated therewith, subject to the limited license granted to
Granicus, Inc. pursuant to Section 4.2 hereof.
(b) Granicus, Inc. shall retain all right, title and interest in and to the Granicus,
Inc. Trademarks. including any goodwill associated therewith. subject to the limited
license granted to the Client pursuant to Section 4,2 hereof.
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(c) Each paliy grants to the other a non-exclusive, non-transferable (other than
as provided in Section 6,1 hereof), limited license to use the other paliy's Trademarks as is
reasonably necessary to perform its obligations Linder this Agreement. provided that any
promotional materials containing the other party's trademarks shall be subject to the prior
written approval of such other pariy. which approval shall not be unreasonably withheld,
(d) Neither party shall Lise the other party's Trademarks in a manner that
disparages the other party or its products or services. or portrays the other party or its
products or services in a false. competitively adverse or poor light. Each party shall
comply with the other pa1iY's requests as to the use of the other paliy's Trademarks and
shall avoid any action that diminishes the value of such Trademarks.
4.3 Security of Data. Granicus. Inc. will take commercially reasonable efforis to
protect and control access to Client Content. However, Granicus, Inc, makes no guarantee and
assumes no liability for the security of any of Client Content or other data provided to Granicus.
Inc., including any of Client Content or data placed on any servers including "secure servers,"
Client will be responsible for the creation and protection of username and password. In no event
shall Granicus, Inc. be liable for any direct, indirect or other damages arising out of any breach of
security or otherwise.
5. MANAGED SERVICES FEES
5.1 Payment of Maintenance Fees
(a)
Section 1.3.
Client agrees to pay Granicus the Managed Services Fees as outlined 111
5.2 Cancellation of Mana~ed Service Plan
(a) Cancellation of the Client's Managed Services will also result in the
immediate termination of the Client's Media Management Software license as described in
Section 2.1.
6. CONFIDENTIAL INFORMATION & OWNERSHIP.
6.1 Disclosure, Except to the extent necessary as contemplated by this Agreement.
each paJiy agrees not to disclose any Confidential Information to any person and agrees to Lise its
best efforts to prevent inadvelient disclosure of any Confidential Information to any person.
Without limiting the generality of the preceding sentence, each pariy agrees to treat the
Confidential Information of the other pariy with at least the degree of care that slIch pari)' treats
similar infollllation of its own. Each party may disclose such Confidential Information to a co1ll1
or other governmental authority to the extent that SLlch disclosure is required by governmental
order or by law: provided that the receiving party shall (i) notil)' the disclosing party in writing of
such required disclosure as soon as reasonably possible prior to such disclosure. specifying in detail
the reasons why such disclosure is required, (ii) use its commercially reasonable efforts at its
expense to cause such disclosed Confidential Infollnation to be treated by such governmental
authority as trade secrets and as confidential, and (iii) use its commercially reasonable efforis at its
expense to obtain such other protective orders and protections with respect thereto as the disclosing
party may reasonably request.
6.2 Use. Each party agrees not to use any Confidential Information for any pLlrpose
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whatsoever except to the extent necessary as contemplated by th is Agreement. Each party agrees
not to disclose the Confidential Information to any of its Representatives except those who are
required to have the Confidential Information in connection with such purpose and then only if
such Representative is either subject to a written confidentiality agreement that would cover the
contidential treatment of the Confidential Information or otherwise subject to fiduciary obligations
of confidentialitythat would cover the confidential treatment of the Confidential Information.
6.3 Termination of Confidentialitv Obligations. The obligations of this Section 6 shall
tenninate with respect to any particular portion of the Confidential Information when receiving
party can prove by appropriate documentation that sLlch Confidential Information (a) was
previously known to the receiving par1y as shown by the receiving party's files at the time of
disclosure thereof. (b) was already in the public domain at the time of the disclosure thereof. or (c)
entered the public domain through no action of the receiving party subsequent to the time of the
disclosure thereof.
7. LIMITATION OF LIABILITY.
7.] Limitation of Liability. IN NO EVENT SHALL EITHER PARTY BE LIABLE
FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOST PROFITS OR
LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT OR OTHERWISE,
REGARDLESS OF WHETHER THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. Granicus warrants that the software will perform as specified in this
Agreement. Granicus also warrants that it possesses the necessary intellectual rights to license to
license to the City the licensed software provided hereunder. For any claim relating to the non-
conformance or imperfection of any licensed software provided under this Agreement, Granicus
shall promptly correct the dcfect(s) within a reasonable time, i.e. no later thirty (30) days. so that it
conforms to the warranty set forth in this Agreement; or if Granicus is unable to correct the non-
conformity, then the City may recover its actual or compensatory damages up to the total fees paid
by City to Granicus. If Granicus fails to provide the software as warranted in accordance with the
terms of this Agreement, the City may at its option terminate this Agreement with thirty (30) days
written notice as follows: (i) the termination notice shall provide a detailed description of any
warranty defects claimed; (ii) Granicus shall have thirty (30) clays frol11 receipt of said notice to
correct any warranty defects in order to satisfy the terms of this Agreement: (iii) at the end of thirty
(30) days, unless the tennination has been revoked in writing by the City, the Agreement
terminates and the City shall be entitled to actual or compensatory damages up to the amounts paid
by City to Granicus.
8, TERM AND TERMINATION.
8.1 Term. The term of this Agreement shall commence on the date hereof and shall
continue in full force and effect for one (I) year after the date hereof. This Agreement may be
renewed at the option of the City for additional one ( I) year periods. provided that neither party
notifies the other in writing at least thirty (30) days prior to the optional renewal period that it does
not wish to renew this Agreemcnt."
8.2 Termination. This Agreement may be terminated, in whole or in pal1, pursuant to
the following terms and conditions:
(a) by Illutual written consent of the parties hereto:
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(b) by either party if there has been a material default or breach on the part of
the other party in any of its representations. warranties. covenants or obligations contained
in this Agreement and such def:'udt or breach is not cured within thilty (30) days following
written notice from the non-breaching party:
8.3 Obligations Upon Termination. Upon any termination of this Agreement. the
following shall apply:
(a) The palties shall remain responsible for any payments that have become
due and owing as of the effective date oftennination.
(b) The provisions of Atticles 6 and 7 hereof (together with all other
provisions that reasonably may be interpreted as surviving termination of this Agreement)
shall survive termination of this Agreement and continue in full force and effect.
9. MISCELLANEOUS.
9.1 Assignment; Successors and Assigns. Neither this Agreement nor any rights or
obligations herein may be assigned by either palty, by operation of law or othenvise. without the
written consent of the other pmty; provided, however. that. without the consent of the Client.
Granicus, Inc. may assign this Agreement in connection with a merger. consolidation, assignment.
sale or other disposition of substantially all of the assets or business relating to the portion of the
Grani.cus, Inc.'s operations that is the subject of this Agreement. This Agreement shall be binding
on and inure to the benefit of the parties hereto and their heirs, legal representatives, successors and
permitted assigns.
9.2 Amendment and Waiver. This Agreement may be amended, modified. \vaived or
canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the
party waiving compliance. No failure or delay by either party in exercising any right or remedy
under this Agreement shall waive any provision of this Agreement nor shall any single or partial
exercise by either palty of any right or remedy under this Agreement preclude either of them from
otherwise or further exercising these rights or remedies or any other rights or remedies granted by
any law or any other document.
9.3 Governing Law, The laws of the State of Florida shall govern the validity.
construction, and performance of this Agreement. without regard to the conflict of laws provisions
of any jurisdictions.
9.4 Construction. Wherever possible. each provIsion of this Agrecment shall be
interpreted so that it is valid under applicable la~.v. If any provision of this Agreement is to any
extent invalid under applicable law in any jurisdiction, that provision shall still be effective to the
extent it remains valid. The remainder of this Agreement also shall continue to be valid, and the
entire Agreement shall continue to be val id in other jurisdictions.
9.5 Counterpalts. This Agreement may be executed in two or more counterparts. each
of which shall constitute an original, but all of\vhich, when taken together, shall constitute one and
the same instrument.
9.6 Entire Ag.reement. This Agreement supersedes all previous and contemporaneous
oral negotiations. commitments, writing, and understandings among the parties hereto concerning
the matters in this Agreement.
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9.7 Notices. All notices and other communications required or pennitted under this
Agreement must be in writing and must be hand delivered or sent by registered first-class mail,
postage prepaid or by overnight courier service. Such notices or other communications shall be
effective upon receipt if hand delivered. and ten (10) business days after mailing (or. for overnight
courier, the number indicated in the mailing instructions) if sent in the case of the Client, to the
address set forth below and. in the case of Granicus, Inc., to its principal executive offices to the
attention of the Chief Executive Officer, or at such other address for a party as may be specified by
like notice.
9.8 Mediation and Arbitration. It is the intention of the parties that whenever possible.
if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by
arbitration in accordance with the procedures, rules and regulations of the American Arbitration
Association. The decision rendered by the Arbitrator shall be final and binding upon the parties
and judgment upon the award rendered by the arbitrator may be entered in any court having
jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and
attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party
prevails on the whole, each party shall be responsible tt)r a pO/lion of the costs of arbitration and
their respective attorneys' fees as may be determined by the court on confirmation.
9.9 Indemnification. Granicus agrees to indemni(y, defend and hold harmless the City,
its officials, employees and agents from and against any and all judgments, suits. costs. and
expenses resulting frOI11 any alleged infringement of any patent or copyright arising from the
I icensing of the software pursuant to th is Agreement.
] O. DEFINITIONS.
In addition to the capitalized terms otherwise defined herein, the following additional
capitalized terms shall have the meanings set forth below. unless the context clearly otherwise
requires:
10.1 "Confidential Information" shall mean all business. technical and other
infonnation (including without limitation, all product, services. financial, marketing, engineering,
research and development information, product specifications. technical data. data sheets,
programs, software, inventions. processes, know-how, chip designs, mask \vorks, designs,
drawings and any other documentation), disclosed from time to time by the disclosing palty to the
receiving party, directly or indirectly in any manner whatsoever (including without limitation, in
writing, orally, electronically, in all types of disks. diskettes, computer memory or storage or other
media, or by drawings or inspection of physical items, and whether or not modified or merged into
other materials); provided, however. that the term "Confidential Information" shall not include the
Content that is intended to be published on the Website.
10.2 "Content"' shall mean any and all. documents, graphics, video. audio. images,
sounds and other content that is streamed or otherwise transm itted or provided by. or on behalf oC
the Client to Granicus, Inc.
10.3 "Granicus Solution'" shall mean the product specified III Client's proposal
hencefO/th identified as Proposal hereto.
10.4 "Equipment" shall mean the hardware components of the Graniclls Solution,
10.5 "Purchase Date'" shall mean the date on wh ieh Gran icus purchases Equipment
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from the manufacturer on behalf of the Client.
10.6 "The Proposal" shall mean the document which specifies the Products or Services
the Client chooses to utilize from Granicus. Inc, attached hereto and incorporated herein as Exhibit
A.
10.7 "Media Management Software" shall mean all software included with the Granicus
Solution including but not limited to the web application used to administer streaming media.
10.8 "Intellectual Property Rights" shall mean all right. title and interest in and to any
and all intellectual property rights throughout the world, including. without limitation. any and all
patents, patent applications. copyrights, copyright applications. moral rights, trademarks. trade
secret rights, rights to know-how, inventions and algorithms. and any and all similar or equivalent
rights throughout the world.
10.9 "Representatives" shall mean the officers, directors. employees. agents. attorneys.
accountants, financial advisors and other representatives of a party.
10.10 "Trademarks" shall mean, with respect to each party to this Agreement. all
trademarks, trade names and logos of such party listed on Exhibit A attached hereto and any other
trademarks, trade names and logos that such party may specify in writing to the other party from
time to time.
] 0.11 "Managed Services" shall mean monthly fees paid to Granicus. Inc. by Client for
bandwidth usage associated with live and archived Internet streaming, data storage. and Granicus
Solution maintenance and monitoring.
10.12 "Revocable" shall mean that Client's right to use or access the media management
software shall be annulled because Client has either discontinued their use of a Granicus Managed
Services program, failed to pay any Granicus fees for more than thirty (30) days. or breached the
terms of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have entered into this Agreement effective as
of the day and year first above written:
WITNESSES: GRANICUS,INC:
~~ ((1\(.{l ~ Klu .\ ~ ,-tD
Signature
Sarah Hurwit
Print Name
,.WIT\E~SES:
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Claudia Caipo
Print Name
ATTEST:
CITY OF SUNNY ISLES BEACH
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BY: flU." /
Jane A. Hines, CMe, City Clerk
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APPROVED AS TO FORM AND
LEGAL /~UFJICI1ENCY
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9
Version 3.9.8
Granicus. Inc. Support Information
Addres,\':
Granicus, Inc.
568 Howard Street, Suite 300
San Francisco, CA 94105
Phone:
Direct (8:00am to 6:00pm Pac(fie thne): 415-357-3618
Toll Free (8:00am to 6:00pm Pacific time): 877-889-5495
Technical Support: 415-655-2400
Emergency Support (available 2-1 hours, 7 days a lreek): 415-655-24] 4
Fax: 415-618-0201
Weh:
Site: www.granicus.com
EmaiI: supportw!granicus.com
10
Version 3.9.8
Preview
Page 1 of 1
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO:
The Honorable Mayor and City Commission
FROM:
Jane A. Hines, CMC, City Clerk
DATE:
4/21/2011
RE:
Approval of First Amendment to Agreement with Granicus for
Document/Webhosting, MinutesMaker, and Related Support Services
RECOMMENDATION:
It is recommended that the City Commission adopt the Resolution approving the First
Amendment to Agreement with Granicus for Webhosting, MinutesMaker, and related
support services.
REASONS:
In September 2008 the City Commission approved an Agreement with MCCi and
Granicus for an automated agenda system including webhosting, minutesmaker, and
related support services. The system has proven to be very successful enabling the public
to get agenda documents from the City's website, and to observe a live telecast of the
City Commission Meeting.
The Granicus Agreement carries a monthly managed services fee in the amount of Nine
Hundred Fifty Four Dollars ($954.00). This Amendment enables Granicus to continue
with managed services, extending the term of the Agreement from September 19, 2010
through September 18, 2012 in the same monthly amount of $954.00, for a total amount
of Twenty-Two Thousand Eight Hundred Ninety-Six Dollars ($22,896.00).
FUNDING SOURCE:
Funding for these managed services fees are available III Information Techology
Department Account No.1 0.559.5467.
ATTACHMENTS:
. Resolution
. First Amendment to Agmt
Agenda Item
\oK:
~--=-2.hJ \
Date
http://sibagenda.sibfl.net/agenda/Preview .aspx?I temID=493 &MeetingID