File #: 11-781    Name:
Type: Minutes Status: Passed
File created: 6/28/2011 In control: Board of Supervisors
On agenda: 6/28/2011 Final action: 6/28/2011
Title: a. Approve and authorize the Contracts/Purchasing Officer on behalf of the Information Technology Department a. Approve and authorize the Contracts/Purchasing Officer on behalf of the Information Technology Department
Attachments: 1. Completed Board Order and Agreement , 2. Signed Board Report, 3. Executed Agreement

 

 

 

 

 

 

COMPLETED BOARD ORDER AND AGR
��35

Before the Board of Supervisors in and for the

County of Monterey, State of California

Agreement No. A-12019

a. Approve and authorize the Contracts/Purchasing Officer on

behalf of the Information Technology Department to

execute a Professional Services Agreement between the

County of Monterey and Granicus, Inc. in the amount of

$20,607 for FY 2011-12, $20,607 for FY 2012-13, and

$20,607 for FY 2013-14 for a total contact amount of

$61,821 for the provision of maintenance and support of

the Granicus software to include MinutesMakerTM and

MediaManagerTM which is part of a comprehensive

services package to include storage and archiving, and

audio/video streaming of Board of Supervisor's, Planning

Commission, and LAFCO meetings which take place in

Monterey County;

b. Accept vendor's coverage term and limits;

c. Authorize the Contracts/Purchasing Officer to sign up to

two future amendments to this agreement where the

amendments do not exceed ten percent 10%) and do not

significantly change the scope of work; and

d. Authorize the Auditor-Controller to transfer funds from

Fund 020-2883 PEG funds upon request from Information

Technology Department as expended

Upon motion of Supervisor Salinas, seconded by Supervisor Calcagno, and carried by those

members present, the Board hereby;

a. Approved and authorized the Contracts/Purchasing Officer on behalf of the

Information Technology Department to execute a Professional Services

Agreement between the County of Monterey and Granicus, Inc. in the amount

of $20,607 for FY 2011-12, $20,607 for FY 2012-13, and $20,607 for FY

2013-14 for a total contact amount of $ 61,821 for the provision of

maintenance and support of the Granicus software to include MinutesMakerTM

and MediaManagerTM which is part of a comprehensive services package to

include storage and archiving, and audio/video streaming of Board of

Supervisor's, Planning Commission, and LAFCO meetings which take place

in Monterey County;

b. Accepted vendor's coverage term and limits;

c. Authorized the Contracts/Purchasing Officer to sign up to two future

amendments to this agreement where the amendments do not exceed ten

percent 10%) and do not significantly change the scope of work; and

 

 

BIB]

 

40742-U01

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FUNDS-U012

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INFORMATION-U012

TECHNOLOGY-U012

DEPARTMENT-U012

AS-U012

EXPENDED.-U012

 

 

COMPLETED BOARD ORDER AND AGR
��35

d. Authorized the Auditor-Controller to transfer funds from Fund 020-2883 PEG

funds upon request from Information Technology Department as expended.

PASSED AND ADOPTED on this 28"' day of June, 2011, by the following vote, to wit:

AYES: Supervisors Calcagno, Salinas, and Parker

NOES: None

ABSENT: Supervisors Armenta and Potter

I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby

certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in the

minutes thereof of Minute Book 75 for the meeting on June 28, 2011.

Dated: July 7, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

 

 

BIB]

 

40742-U01

COMPLETED-U02

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COMPLETED BOARD ORDER AND AGR
��GRANICUS, INC.

SERVICES AGREEMENT

THIS SERVICE AGREEMENT the Agreement"), dated as of July 1, 2011 the Effective

Date"), is entered into between Granicus, Inc. GRANICUS"), a California Corporation, and the County

of Monterey, a political subdivision of the State of California the COUNTY").

A. WHEREAS, Granicus is in the business of developing, licensing, and offering for sale

various streaming media solutions specializing in Internet broadcasting, and related support services;

and

B. WHEREAS, Granicus desires to provide and COUNTY desires to i) purchase the

Granicus Solution as set forth in the Proposal, which is attached as Exhibit A, and incorporated

herein, to facilitate streaming and distribution of live and archived digital media content, ii)

engage GRANICUS to integrate its Granicus Software onto the COUNTY Website, iii) use the Granicus

Software subject to the terms and conditions set forth in this Agreement, and iv) contract with

GRANICUS to administer the Granicus Solution through the Managed Services set forth in Exhibit A.

NOW, THEREFORE, in consideration of the foregoing and the mutual agreements, covenants,

representations and warranties herein contained, the parties hereto agree as follows:

1. GRANICUS SOFTWARE AND MANAGED SERVICES.

1.1 Software and Services. Subject to the terms and conditions of this Agreement,

GRANICUS will provide COUNTY with the GRANICUS Software, Professional Services, and Managed

Services that comprise the Granicus Solution as outlined in Exhibit A.

2. GRANT OF LICENSE.

2.1 Ownership. GRANICUS, and/or its third party supplier, owns the copyright and/or

certain proprietary information protectable by law in the Granicus Software.

2.2 Use. GRANICUS agrees to provide COUNTY with a revocable, non-transferable

and non-exclusive license to access the Granicus Software listed in the Solution Description and a

revocable, non-sublicensable, non-transferable and non-exclusive right to use the Granicus

Software. All Granicus Software is proprietary to GRANICUS and protected by intellectual property laws

and international intellectual property treaties. Pursuant to this Agreement, COUNTY may use the

Granicus Software to perform its own work and work of its customers/constituents.

Cancellation of the COUNTY's Managed Services will also result in the immediate termination of the

COUNTY's Software license as described in Section 2.2 hereof.

2.3 Limited Warranty; Exclusive Remedies. Subject to Sections 6.1 and 6.2 of this

Agreement, GRANICUS warrants that the Granicus Software, as provided by GRANICUS, will

substantially perform in accordance with its applicable written specifications for as long as the COUNTY

pays for and receives Managed Services. COUNTY's sole and exclusive remedy for any breach by

GRANICUS of this warranty is to notify GRANICUS, with sufficient detail of the nonconformance,

and provide GRANICUS with a reasonable opportunity to correct or replace the defective Granicus

Software. COUNTY agrees to comply with GRANICUS' reasonable instructions with respect to

the alleged defective Granicus Software.

2.4 Limitations. Except for the license in Section 2.2, GRANICUS retains all ownership

and proprietary rights in and to the Granicus Software, and COUNTY is not permitted, and will not

assist or permit a third party, to: a) utilize the Granicus Software in the capacity of a service

Page

10

 

 

BIB]

 

40742-U01

COMPLETED-U02

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FO96184-U03

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EXPENDED.-U012

 

 

COMPLETED BOARD ORDER AND AGR
��bureau or on a time share basis; b) reverse engineer, decompile or otherwise attempt to derive source

code from the Granicus Software; c) provide, disclose, or otherwise make available the Granicus

Software, or copies thereof, to any third party; or d) share, loan, or otherwise allow another Meeting

Body, in or outside its jurisdiction, to use the Granicus Software, or copies thereof, except as

expressly outlined in the Proposal.

3. PAYMENT OF FEES

3.1 COUNTY agrees to pay all costs as outlined in Exhibit A.

3.2 Monthly billing for Managed Services shall begin forty-five 45) days after the

receipt of a fully executed Agreement or the receipt of a purchase order for the up-front costs, whichever

occurs first, as agreed upon in Exhibit A.

3.3 COUNTY agrees to pay all invoices from GRANICUS within thirty 30) days of receipt

of invoice by the County Auditor Controller's Office COUNTY for Managed Services Fee to

GRANICUS on a monthly basis Granicus, Inc. shall send all invoices to:

Monterey County InformationTechnology

1590 Moffett Street

Sailnas, Ca. 93905

Attn: Accounts Payable

3.4 Upon renewal of this Agreement, GRANICUS may include in which case

COUNTY agrees to pay) a maximum increase of the current CPI percentage rate as found at The Bureau

of Labor and Statistics website  or three 3) percent a year on COUNTY's

Managed Services Fee, whichever is larger.

3.5 Training Granicus shall provide one 1) online training as part of this Agreement to

be scheduled by the County at a mutually convenient date/time and as specified by the Granicus

training coordinator and mutually agreed by the designated representative of the County.

3.6 Additions. GRANICUS, at its' sole discretion, may add features or functionality to existing

product suite bundles for various reasons, including to enhance GRANICUS' offerings, or improve user

satisfaction. During the initial period of this Agreement, the customer understands that the use of these

additional products is included in the originally agreed upon monthly managed services fees.At contract

renewal, the customer acknowledges that this added functionality may have additional monthly managed

service charges associated with it and that monthly managed services rates on renewals may have a higher

rate than preceding years.

4. CONTENT PROVIDED TO GRANICUS

4.1 Responsibility for Content. The COUNTY 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. However, GRANICUS has the right but not the obligation) to

remove any Content that GRANICUS believes violates any applicable law or this Agreement.

4.2 Restrictions. COUNTY shall not provide GRANICUS with any Content that: i)

infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; ii)

violates any law, statute, ordinance or regulation, including without limitation the laws and regulations

governing export control and e-mail/spam; iii) is defamatory or trade libelous; iv) is pornographic or

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$20,607-U012

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61,821-U012

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COMPLETED BOARD ORDER AND AGR
��obscene, or promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory,

libelous, threatening, indecent, vulgar, or otherwise objectionable or constitutes unlawful content or

activity; v) contains any viruses, or any other similar software, data, or programs that may damage,

detrimentally interfere with, intercept, or expropriate any system, data, information, or property of

another.

4.3. Content Ownership. The COUNTY shall own all right, title, and interest in and to all content

generated by the COUNTY on a worldwide basis, i) with respect to content captured by cameras or

microphones at the venue, at the time such content is so captured and prior to the time it is transmitted to the

computer at the venue and ii) with respect to all other content, at the time such content is transmitted or

otherwise provided to CONTRACTOR pursuant to this Agreement.

In case of termination by Client or expiration of the Service Agreement, Granicus and the Client shall work

together to provide the Client with a copy of its Content. The Client shall have the option to choose one 1) of

the following methods to obtain a copy of its Content:

 Option 1: Video files on DVR and a compact disc CD) that contains the index and clip name

data in CSV or XML format will be created and sent to the Client. This option may result in

an additional charge to Client.

 Option 2: Provide the Content via download from MediaManager or from a special site

created by Granicus. This option shall be provided free of charge.

 Option 3: Granicus shall provide the means to pull the content from the MediaVault in CSV

or XML format. This option shall be provided free of charge.

5. TRADEMARK OWNERSHIP. GRANICUS and COUNTY's Trademarks are listed in the

Trademark Information exhibit attached as Exhibit D.

5.1 Each Party shall retain all right, title and interest in and to their own Trademarks,

including any goodwill associated therewith, subject to the limited license granted to the COUNTY

pursuant to Section 2 hereof. Upon any termination of this Agreement, each Party's right to use the other

Party's Trademarks pursuant to this Section 5 terminates.

5.2 Each party grants to the other a non-exclusive, non-transferable other than as provided in

Section 5 hereof), limited license to use the other party's Trademarks as is reasonably necessary to

perform its obligations under this Agreement, provided that any promotional materials containing the

other party's trademarks shall be subject to the prior written approval of such other party, which approval

shall not be unreasonably withheld.

6. LIMITATION OF LIABILITY

6.1 Warranty Disclaimer. Except as expressly provided herein, Granicus' services, software and

deliverables are provided as is" and Granicus expressly disclaims any and all express or implied warranties,

including but not limited to implied warranties of merchantability, non-infringement of third party rights, and

fitness for a particular purpose. Granicus does not warrant that access to or use of its software or services

will be uninterrupted or error free. In the event of any interruption, Granicus' sole obligation shall be to

use commercially reasonable efforts to restore access.

6.2 Limitation of Liabilities. To the maximum extent permitted by applicable law, Granicus and its

suppliers and licensors shall not be liable for any indirect, special, incidental, consequential, or punitive

Page

12

 

 

BIB]

 

40742-U01

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INFORMATION-U012

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DEPARTMENT-U012

AS-U012

EXPENDED.-U012

 

 

COMPLETED BOARD ORDER AND AGR
��damages, whether foreseeable or not, including but not limited to: those arising out of access to or inability

to access the services, software, content, or related technical support damages or costs relating to the loss of

profits or revenues, goodwill, data including loss of use or of data, loss or inaccuracy or corruption of

data); or cost of procurement of substitute goods, services or technology, even if advised of the possibility of

such damages and even in the event of the failure of any exclusive remedy. In no event will Granicus' and

its suppliers' and licensors' liability exceed the amounts paid by client under this agreement regardless of the

form of the claim including without limitation, any contract, product liability, or tort claim including

negligence, statutory or otherwise).

7. CONFIDENTIAL INFORMATION & OWNERSHIP.

7.1 Confidentiality Obligations. Confidential Information shall mean all proprietary or

confidential information disclosed or made available by the other party pursuant to this Agreement that is

identified as confidential or proprietary at the time of disclosure or is of a nature that should reasonably be

considered to be confidential, and includes but is not limited to the terms and conditions of this

Agreement, and all business, technical and other information including without limitation, all product,

services, financial, marketing, engineering, research and development information, product specifications,

technical data, data sheets, software, inventions, processes, training manuals, know-how and any other

information or material), disclosed from time to time by the disclosing party to the receiving party,

directly or indirectly in any manner whatsoever including without limitation, in writing, orally,

electronically, or by inspection); provided, however, that Confidential Information shall not include the

Content that is to be published on the website(s) of COUNTY.

7.2 Each party agrees to keep confidential and not disclose to any third party, and to use

only for purposes of performing or as otherwise permitted under this Agreement, any Confidential

Information. The receiving party shall protect the Confidential Information using measures similar to

those it takes to protect its own confidential and proprietary information of a similar nature but not less

than reasonable measures. 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

this Agreement and then only if such Representative is either subject to a written confidentiality

agreement or otherwise subject to fiduciary obligations of confidentiality that cover the confidential

treatment of the Confidential Information.

7.3 Exceptions. The obligations of this Section 7 shall not apply if receiving party can prove

by appropriate documentation that such Confidential Information i) was known to the receiving party as

shown by the receiving party's files at the time of disclosure thereof, ii) was already in the public domain

at the time of the disclosure thereof, iii) entered the public domain through no action of the receiving

party subsequent to the time of the disclosure thereof, or iv) is required by law or government order to be

disclosed by the receiving party, provided that the receiving party shall i) notify the disclosing party in

writing of such required disclosure as soon as reasonably possible prior to such disclosure, ii) use its

commercially reasonable efforts at its expense to cause such disclosed Confidential Information to be

treated by such governmental authority as trade secrets and as confidential.

8. TERM AND TERMINATION

8.1 The term of this Agreement is from July 1, 2011 to June 30, 2014, unless sooner

terminated pursuant to the terms of this Agreement.

8.2 Termination. During this term of this Agreement, the COUNTY may terminate the

Agreement for any reason by giving written notice of termination to the CONTRACTOR at least thirty

30) days prior to the effective date of termination. Such notice shall set forth the effective date of

termination. In the event such termination, the amount payable under this Agreement shall be reduced in

proportion to the services provided to the date of termination.

Page

13

 

 

BIB]

 

40742-U01

COMPLETED-U02

BOARD-U02

ORDER-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO104223-U03

C15-U03

COMPLETED-U03

BOARD-U03

ORDER-U03

7/18/2011-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

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OFFICER-U07

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THE-U07

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DEPARTMENT-U07

193-INFORMATION-U08

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JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

EXECUTE-U012

A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

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THE-U012

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INC.-U012

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$20,607-U012

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2011-12,-U012

$20,607-U012

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$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

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EXPENDED.-U012

 

 

COMPLETED BOARD ORDER AND AGR
��8.3 Rights Upon Termination. Upon any expiration or termination of this Agreement, and

unless otherwise expressly provided in an exhibit to this Agreement:

a) COUNTY's right to access or use the Granicus Solution, including GRANICUS

Software, terminates and GRANICUS has no further obligation to provide any services;

b) COUNTY has the right to keep any purchased hardware, provided that COUNTY

removes and/or uninstalls any Granicus Software on such hardware. However, if COUNTY

has received hardware as part of a Granicus Open Platform Suite solution Open Platform

Hardware"), COUNTY understands that upon termination of this Agreement, COUNTY shall

immediately return the Open Platform Hardware to Granicus, Inc. The Open Platform Hardware

must be returned within fifteen 15) days of termination, and must be in substantially the same

condition as when originally shipped, subject only to normal wear and tear; and

c) COUNTY shall immediately return the Granicus Software and all copies

thereof to GRANICUS, and within thirty 30) days of termination, COUNTY shall deliver

a written certification to GRANICUS certifying that it no longer has custody of any copies of the

Granicus Software.

8.4 Obligations Upon Termination. Upon any termination of this Agreement,

a) the parties shall remain responsible for any payments that have become due

and owing up to the effective date of termination;

b) the provisions of 2.1, 2.4, 3, 4, 5, 6.1, 6.2, 7, 8.3, and 10 of the agreement, and

applicable provisions of the Exhibits intended to survive, shall survive termination of this

Agreement and continue in full force and effect;

c) pursuant to the Termination or Expiration Options Regarding Content,

GRANICUS shall allow the COUNTY limited access to the COUNTY's Content, including, but

not limited to, all video recordings, timestamps, indices, and cross-referenced documentation. The

COUNTY shall also have the option to order hard copies of the Content in the form of

compact discs or other equivalent format; and

d) GRANICUS has the right to delete Content within sixty 60) days of the

expiration or termination of this Agreement.

9. PATENT. COPYRIGHT AND TRADE SECRET INFRINGEMENT

9.1 Granicus' Options. If the Granicus Software becomes, or in GRANICUS' opinion is likely to

become, the subject of an infringement claim, GRANICUS may, at its option and sole discretion, i)

obtain for COUNTY the right to continue to use the Granicus Software as provided in this Agreement; ii)

replace the Granicus Software with another software product that provides similar functionality; or iii) if

GRANICUS determines that neither of the foregoing options are reasonably available, GRANICUS may

cease providing the applicable services or require that COUNTY cease use of and destroy the Granicus

Software. In that event, and provided that COUNTY returns or destroys and certify to such destruction

of) all copies of the Granicus Software in COUNTY's possession or control, if any, GRANICUS will

refund to COUNTY all license fees paid by COUNTY under the current Agreement.

10. MISCELLANEOUS.

10.1 Amendment and Waiver. This Agreement may be amended, modified, waived or

Page

14 i 

 

 

BIB]

 

40742-U01

COMPLETED-U02

BOARD-U02

ORDER-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO104223-U03

C15-U03

COMPLETED-U03

BOARD-U03

ORDER-U03

7/18/2011-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

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BEHALF-U07

OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

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A-U012

PROFESSIONAL-U012

SERVICES-U012

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INC.-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

CONTACT-U012

AMOUNT-U012

OF-U012

$-U012

61,821-U012

THE-U012

PROVISION-U012

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EXPENDED.-U012

 

 

COMPLETED BOARD ORDER AND AGR
��canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the party

waiving compliance. Any failure by either party to strictly enforce any provision of this Agreement will

not be a waiver of that provision or any further default.

10.2 Governing Law. The laws of the State of California shall govern the validity,

construction, and performance of this Agreement, without regard to its conflict of law principles.

10.3 Construction and Severability. Wherever possible, each provision of this

Agreement shall be interpreted so that it is valid under applicable law. If any provision of this

Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to

make the provision legal and enforceable; all remaining provisions continue in full force and effect.

10.4 Independent Contractors. The parties are independent contractors, and no other

relationship is intended by this Agreement.

10.5 Force Majeure. Other than payment obligations, neither party is responsible for any

delay or failure in performance if caused by any event outside the reasonable control of the party,

including without limitation acts of God, government regulations, shortage of supplies, act of war, act of

terrorism, earthquake, or electrical, internet or telecommunications outage.

10.6 Closed Captioning Services. COUNTY and Granicus may agree that closed captioning or

transcription services will be provided by a third party under this agreement. In such case,

COUNTY expressly understands that the third party is an independent contractor and not an agent or

employee of GRANICUS. GRANICUS is not liable for acts performed by such independent third party.

10.7 Authority. Any individual executing this Agreement on behalf of the COUNTY or

GRANICUS represents and warrants hereby that he or she has the requisite authority to enter into this

Agreement on behalf of such party and bind the party to the terms and conditions of this Agremeent.

10.8 All notices an other communications required or permitted under this Agreement must be

in writing and must be hand delivered or sent by registered 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 COUNTY, to the address set forth below and, in the case of GRANICUS 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.

To GRANICUS, INC: Granicus, Inc.

Attn: Tom Spengler, CEO

568 Howard Street

San Francisco, CA. 94105

To the COUNTY: Information Technology Department

1590 Moffett Street

Salinas, Ca. 93905

Sarah House

11. CONFLICT OF INTEREST. GRANICUS covenants that GRANICUS, its responsible officers,

and its employees having major responsibilities for the performance of work under the Agreement

presently have no interest and during the term of the Agreement will not acquire any interests, direct or

indirect, which might conflict in any manner or degree with the performance of GRANICUS's services

 Page

15

 

 

BIB]

 

40742-U01

COMPLETED-U02

BOARD-U02

ORDER-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO104223-U03

C15-U03

COMPLETED-U03

BOARD-U03

ORDER-U03

7/18/2011-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

ON-U07

BEHALF-U07

OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

EXECUTE-U012

A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

BETWEEN-U012

THE-U012

COUNTY-U012

OF-U012

MONTEREY-U012

GRANICUS,-U012

INC.-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

CONTACT-U012

AMOUNT-U012

OF-U012

$-U012

61,821-U012

THE-U012

PROVISION-U012

OF-U012

MAINTENANCE-U012

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UPON-U012

REQUEST-U012

INFORMATION-U012

TECHNOLOGY-U012

DEPARTMENT-U012

AS-U012

EXPENDED.-U012

 

 

COMPLETED BOARD ORDER AND AGR
                     �under this Agreement.

12. INDEMNIFICATION. GRANICUS shall indemnify, defend, and hold harmless the County of

Monterey hereinafter COUNTY"), its officers, agents and employees from any claim, liability, loss, injury or

damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,

employees or sub-contractors while on COUNTY site, excepting only loss, injury or damage caused by the

negligence or willful misconduct of personnel employed by the COUNTY.

13. INSURANCE.

13.01. Evidence of Coverage- Prior to commencement of this Agreement, the Contractor shall

provide a Certificate of Insurance" certifying that coverage as required herein has been obtained.

Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, the

Contractor upon request shall provide a certified copy of the policy or policies.

This verification of coverage shall be sent to the County's Contracts/Purchasing Department, unless

otherwise directed. The Contractor shall not receive a Notice to Proceed" with the work under this

Agreement until it has obtained all insurance required and the County has approved such insurance. This

approval of insurance shall neither relieve nor decrease the liability of the Contractor.

13.02 Qualifying Insurers: All coverage's, except surety, shall be issued by companies which hold

a current policy holder's alphabetic and financial size category rating of not less than A- VII, according to

the current Best's Key Rating Guide or a company of equal financial stability that is approved by the

County's Purchasing Manager.

13.03 Insurance Coverage Requirements: Without limiting CONTRACTOR's duty to

indemnify, CONTRACTOR shall maintain in effect throughout the term of this Agreement a policy

or policies of insurance with the following minimum limits of liability:

 Commercial general liability insurance, including but not limited to premises and

operations, including coverage for Bodily Injury and Property Damage, Personal

Injury, Contractual Liability, Broad form Property Damage, Independent Contractors,

Products and Completed Operations, with a combined single limit for Bodily Injury

and Property Damage of not less than $1,000,000 per occurrence.

 Business automobile liability insurance, covering all motor vehicles, including

owned, leased, non-owned, and hired vehicles, used in providing services under

this Agreement, with a combined single limit for Bodily Injury and Property

Damage of not less than $500,000 per occurrence.

 Workers' Compensation Insurance, if CONTRACTOR employs others in the

performance of this Agreement, in accordance with California Labor Code section

3700 and with Employer's Liability limits not less than $1,000,000 each person,

$1,000,000 each accident and $1,000,000 each disease.

14. LEGAL, REGULATORY COMPLIANCE

14.1 This Agreement and all operations hereunder by GRANICUS and the COUNTY shall be

subject to all applicable laws. GRANICUS shall comply with all applicable laws in fulfilling its obligation

under this Agreement.

Page

16

 

 

BIB]

 

40742-U01

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COMPLETED BOARD ORDER AND AGR

�This Agreement consists of this Service Agreement as well as the following exhibits, which are

incorporated herein by reference as indicated:

Exhibit A: Proposal

Exhibit B: Support Information Exhibit C: Trademark Information

Exhibit D: Termination or Expiration Options Regarding Content

THIS SECTION LEFT BLANK INTENTIONALLY

 Page

17

 

 

BIB]

 

40742-U01

COMPLETED-U02

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COMPLETED BOARD ORDER AND AGR

�IN WITNESS WHEREOF, the COUNTY and GRANICUS have executed this Agreement as of the

day and year written above.

By:

Date:

By:

COUNTY OF MONTEREY

Contracts/Purchasing Manager

Department Head if applicable)

By:

CONTRACTOR

2c.

Contractor's Business Name*

Signature of Chair, President, or

Vice-President)*

Date:

Approved as to Form

By:

Date:

but  County Counsel

d'-&-11

Date:

By:

I

Name and itle

%z

Sign ure of Secretary, Asst.

Secretary, FO, or Asst. Treasurer)*

Name and Title

*

Date:

C//,i

*INSTRUCTIONS.- If CONTRACTOR is a corporation, including limited liability and nonprofit corporations, the full legal name of the

corporation shall be set forth above together with the signatures of two specified of rcers. If CONTRACTOR is a partnership, the name

of the partnership shall be set forth above together with the signature of a partner who has authority to execute this Agreement on

behalf of the partnership. If CONTRACTOR is contracting in an individual capacity, the individual shall set forth the name of the

business, if any, and shall personally sign the Agreement.

 Page

18

 

 

BIB]

 

40742-U01

COMPLETED-U02

BOARD-U02

ORDER-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO104223-U03

C15-U03

COMPLETED-U03

BOARD-U03

ORDER-U03

7/18/2011-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

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AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

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ON-U07

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OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

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A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

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OF-U012

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OF-U012

$20,607-U012

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$20,607-U012

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$20,607-U012

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COMPLETED BOARD ORDER AND AGR

� EXHIBIT A

 PROPOSAL

Total Monthly Maintenance Cost: $1717.20

Product

Monthly Maintenance Costs

Agenda Parser $125.00

Agenda Integration $150.00

Audio Podcasting $200.00

Document Templates $100.00

MinutesMaker $275.00

Outcast Encoder $80.00

Original Programming Portal $107.20

Stream Replicator $180.00

Bandwidth & Storage $500.00

Total Monthly

$1717.20

 

Managed Services Overview/Scope of Work

1. Agenda partner integration support

2. Agenda parser support & maintenance

3. Outcast encoder support & maintenance

4. Document template support & maintenance

5. Audio podcasting services

6. Bandwidth & storage for video streaming

7. Minutesmaker support & maintenance

8. Continuous product upgrades

9. Pro-active relationship & success maintenance

10. Unlimited access to online training for certified Granicus users

11. Original programming portal integration support & maintenance

12. Stream replicator support & maintenance

The Yearly cost of the Agreement is as follows:

Term Yearly Cost

July 1, 2011 June 30, 2012 $ 20,606.40

July 1, 2012 June 30, 2013 $ 20,606.40

July 1, 2013 June 30, 2014 $ 20,606.40

Page

19

 

 

BIB]

 

40742-U01

COMPLETED-U02

BOARD-U02

ORDER-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO104223-U03

C15-U03

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7/18/2011-U04

MARCELLAC-U04

16737-U05

2-U06

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THE-U07

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193-INFORMATION-U08

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JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

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$20,607-U012

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REQUEST-U012

INFORMATION-U012

TECHNOLOGY-U012

DEPARTMENT-U012

AS-U012

EXPENDED.-U012

 

 

COMPLETED BOARD ORDER AND AGR

�SUPPORT INFORMATION

1. Contact Information. The support staff at Granicus may be contacted by the COUNTY at its

mailing address, general and support-only telephone numbers, and via e-mail or the Internet.

a) Mailing Address. Mail may be sent to the support staff at Granicus

headquarters, located at 568 Howard Street, Suite 300, San Francisco, California, 94105.

b) Telephone Numbers. Office staff may be reached from 8:00 AM to 7:00 PM

Pacific time at 415) 357-3618 or toll-free at 877) 889-5495. The technical support staff may be

reached at 415) 655-2400 from 8:00 AM to 7:00 PM Pacific time. After hours or in case of a

technical support emergency, the support staff may be reached at   J.:

2. Recognized COUNTY Representatives. Granicus strives to provide unparalleled support to

its COUNTYs by ensuring that COUNTY staff is properly educated and is prepared to maximize its

Granicus Solution. Any COUNTY Representative who wishes to participate and receive Granicus

customer advocacy services shall participate in and complete the training program that is suited for the

Granicus Solution. Once a COUNTY Representative completes the training, that Representative will be

recognized in Granicus' internal system as qualified to receive support and ongoing education services.

All COUNTY Representatives are eligible to receive technical support services, regardless of participation

in the training program.

3. Support Policy. When Granicus received notification of an issue from COUNTY, a Granicus

account manager or technical support engineer will respond directly to the COUNTY via phone or e-mail

with a) an assessment of the issue, b) an estimated time for resolution, and c) will be actively working

to resolve the issue as appropriate for the type of issue. Notification shall be the documented time that

Granicus receives the COUNTY's call or e-mail notifying Granicus of an issue or the documented time

that Granicus notifies COUNTY there is an issue. Granicus reserves the right to modify its support

and maintenance policies, as applicable to its customers and licensees generally, from time to time, upon

reasonable notice.

4. Scheduled Maintenance. Scheduled maintenance of the Granicus Solution will not be counted as

downtime. Granicus will clearly post that the site is down for maintenance and the expected duration of

the maintenance. Granicus will provide the COUNTY with at least two 2) days prior notice for

any scheduled maintenance. All system maintenance will only be performed during these times, except in

the case of an emergency. In the case that emergency maintenance is required, the COUNTY will be

provided as much advance notice, if any, as possible under the circumstances.

5. Software Enhancements or Modifications. The COUNTY may, from time to time, request

that Granicus incorporate certain features, enhancements or modifications into the licensed

Granicus Software. Subject to the terms and conditions to this exhibit and the Service Agreement,

Granicus and COUNTY will use commercially reasonable efforts to perform all tasks in the Statement of

Work SOW"). Upon the COUNTY's request for such enhancements/modifications, the COUNTY shall

prepare a SOW for the specific project that shall define in detail the Services to be performed. Each

such SOW signed by both parties is deemed incorporated in this exhibit by reference. Granicus

shall submit a cost proposal including all costs pertaining to furnishing the COUNTY with the

Page

20

 

 

BIB]

 

40742-U01

COMPLETED-U02

BOARD-U02

ORDER-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO104223-U03

C15-U03

COMPLETED-U03

BOARD-U03

ORDER-U03

7/18/2011-U04

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16737-U05

2-U06

A.-U07

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AUTHORIZE-U07

THE-U07

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$20,607-U012

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2011-12,-U012

$20,607-U012

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$20,607-U012

FY-U012

2013-14-U012

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AMOUNT-U012

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$-U012

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TECHNOLOGY-U012

DEPARTMENT-U012

AS-U012

EXPENDED.-U012

 

 

COMPLETED BOARD ORDER AND AGR
��enhancements/modifications.

5.1 Documentation. After the SOW has been executed by each party, a detailed requirements

and detailed design document shall be submitted illustrating the complete financial terms that

govern the SOW, proposed project staffing, anticipated project schedule, and other information

relevant to the project. Such enhancements or modifications shall become part of the licensed

Granicus Software.

5.2 Acceptance. COUNTY understands that all work contemplated by this exhibit is on a

time- and-materials" basis unless otherwise stated in the SOW. Within ten 10) business days of

Granicus' completion of the milestones specified in the SOW and delivery of the applicable

enhancement/modification to COUNTY, COUNTY will provide Granicus with written notice of

its acceptance or rejection of the enhancement/modification, based on the acceptance criteria

set forth in the SOW. COUNTY agrees that it will not reject any enhancement/modification so

long as it substantially complies with the acceptance criteria.

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

of the Granicus.

6. Limitation of Liability; Exclusive Remedy. IN THE EVENT OF ANY INTERRUPTION,

GRANICUS' SOLE OBLIGATION, AND COUNTY'S EXCLUSIVE REMEDY, SHALL BE FOR

GRANICUS TO USE COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS AS

SOON AS REASONABLY POSSIBLE.

End of Support Information]

 

 

BIB]

 

40742-U01

COMPLETED-U02

BOARD-U02

ORDER-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO104223-U03

C15-U03

COMPLETED-U03

BOARD-U03

ORDER-U03

7/18/2011-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

ON-U07

BEHALF-U07

OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

EXECUTE-U012

A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

BETWEEN-U012

THE-U012

COUNTY-U012

OF-U012

MONTEREY-U012

GRANICUS,-U012

INC.-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

CONTACT-U012

AMOUNT-U012

OF-U012

$-U012

61,821-U012

THE-U012

PROVISION-U012

OF-U012

MAINTENANCE-U012

SUPPORT-U012

OF-U012

THE-U012

GRANICUS-U012

SOFTWARE-U012

TO-U012

INCLUDE-U012

MINUTESMAKERT-U012

MEDIAMANAGERT-U012

IS-U012

PART-U012

OF-U012

A-U012

COMPREHENSIVE-U012

SERVICES-U012

PACKAGE-U012

TO-U012

INCLUDE-U012

STORAGE-U012

ARCHIVING,-U012

AUDIO/VIDEO-U012

STREAMING-U012

OF-U012

BOARD-U012

OF-U012

SUPERVISORS,-U012

PLANNING-U012

COMMISSION,-U012

LAFCO-U012

MEETINGS-U012

TAKE-U012

PLACE-U012

IN-U012

MONTEREY-U012

COUNTY;-U012

B.-U012

ACCEPT-U012

VENDOR-U012

S-U012

COVERAGE-U012

TERM-U012

LIMITS;-U012

C.-U012

AUTHORIZE-U012

THE-U012

CONTRACTS/PURCHASING-U012

OFFICER-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

TWO-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%)-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

OF-U012

WORK;-U012

D.-U012

AUTHORIZE-U012

THE-U012

AUDITOR-CONTROLLER-U012

TO-U012

TRANSFER-U012

FUNDS-U012

FUND-U012

020-2883-U012

PEG-U012

FUNDS-U012

UPON-U012

REQUEST-U012

INFORMATION-U012

TECHNOLOGY-U012

DEPARTMENT-U012

AS-U012

EXPENDED.-U012

 

 

COMPLETED BOARD ORDER AND AGR
��EXHIBIT C

TRADEMARK INFORMATION

Granicus Registered Trademarks

granicus-

Granicus logo as a mark

Granicus�

MediaVault�

Mobile

Encoder�

Outcast

Encoder�

StreamRepl is

ator�

Granicus Trademar k Names TM

Integrated Public

Recordh` Intelligent

RoutingTM

LinkedMinutesTM

LiveManagert'

MediaCenterTM

MediaManagerTM

MeetingMemberTM

MeetingServerTM

Simulcast Encoder T

V oteCastl'

VoteCast'M Classic

VoteCastTM Touch

COUNTY Trademarks

 Page

22

 

 

BIB]

 

40742-U01

COMPLETED-U02

BOARD-U02

ORDER-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO104223-U03

C15-U03

COMPLETED-U03

BOARD-U03

ORDER-U03

7/18/2011-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

ON-U07

BEHALF-U07

OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

EXECUTE-U012

A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

BETWEEN-U012

THE-U012

COUNTY-U012

OF-U012

MONTEREY-U012

GRANICUS,-U012

INC.-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

CONTACT-U012

AMOUNT-U012

OF-U012

$-U012

61,821-U012

THE-U012

PROVISION-U012

OF-U012

MAINTENANCE-U012

SUPPORT-U012

OF-U012

THE-U012

GRANICUS-U012

SOFTWARE-U012

TO-U012

INCLUDE-U012

MINUTESMAKERT-U012

MEDIAMANAGERT-U012

IS-U012

PART-U012

OF-U012

A-U012

COMPREHENSIVE-U012

SERVICES-U012

PACKAGE-U012

TO-U012

INCLUDE-U012

STORAGE-U012

ARCHIVING,-U012

AUDIO/VIDEO-U012

STREAMING-U012

OF-U012

BOARD-U012

OF-U012

SUPERVISORS,-U012

PLANNING-U012

COMMISSION,-U012

LAFCO-U012

MEETINGS-U012

TAKE-U012

PLACE-U012

IN-U012

MONTEREY-U012

COUNTY;-U012

B.-U012

ACCEPT-U012

VENDOR-U012

S-U012

COVERAGE-U012

TERM-U012

LIMITS;-U012

C.-U012

AUTHORIZE-U012

THE-U012

CONTRACTS/PURCHASING-U012

OFFICER-U012

TO-U012

SIGN-U012

UP-U012

TO-U012

TWO-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%)-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

OF-U012

WORK;-U012

D.-U012

AUTHORIZE-U012

THE-U012

AUDITOR-CONTROLLER-U012

TO-U012

TRANSFER-U012

FUNDS-U012

FUND-U012

020-2883-U012

PEG-U012

FUNDS-U012

UPON-U012

REQUEST-U012

INFORMATION-U012

TECHNOLOGY-U012

DEPARTMENT-U012

AS-U012

EXPENDED.-U012

 

 

COMPLETED BOARD ORDER AND AGR
��EXHIBIT D

TERMINATION OR EXPIRATION OPTIONS REGARDING CONTENT

In case of termination by COUNTY or expiration of the Service Agreement, Granicus and the

COUNTY shall work together to provide the COUNTY with a copy of its Content. The

COUNTY shall have the option to choose one I) of the following methods to obtain a copy of its

Content:

 Option 1: Video files on DVR and a compact disc CD) that contains the index and

clip name data in CSV or XML format will be created and sent to the COUNTY.

This option may result in an additional charge to COUNTY.

 Option 2: Provide the Content via download from MediaManager or from a special

site created by Granicus. This option shall be provided free of charge.

 Option 3: Granicus shall provide the means to pull the content from the MediaVault

in

CSV or XML format. This option shall be provided free of charge.

The COUNTY and Granicus shall work together and make their best efforts to transfer the Content

within the sixty 60) day termination period. Granicus has the right to delete Content from its

services after sixty 60) days.

 

 

BIB]

 

40742-U01

COMPLETED-U02

BOARD-U02

ORDER-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO104223-U03

C15-U03

COMPLETED-U03

BOARD-U03

ORDER-U03

7/18/2011-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

ON-U07

BEHALF-U07

OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

EXECUTE-U012

A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

BETWEEN-U012

THE-U012

COUNTY-U012

OF-U012

MONTEREY-U012

GRANICUS,-U012

INC.-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

CONTACT-U012

AMOUNT-U012

OF-U012

$-U012

61,821-U012

THE-U012

PROVISION-U012

OF-U012

MAINTENANCE-U012

SUPPORT-U012

OF-U012

THE-U012

GRANICUS-U012

SOFTWARE-U012

TO-U012

INCLUDE-U012

MINUTESMAKERT-U012

MEDIAMANAGERT-U012

IS-U012

PART-U012

OF-U012

A-U012

COMPREHENSIVE-U012

SERVICES-U012

PACKAGE-U012

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INCLUDE-U012

STORAGE-U012

ARCHIVING,-U012

AUDIO/VIDEO-U012

STREAMING-U012

OF-U012

BOARD-U012

OF-U012

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PLANNING-U012

COMMISSION,-U012

LAFCO-U012

MEETINGS-U012

TAKE-U012

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COUNTY;-U012

B.-U012

ACCEPT-U012

VENDOR-U012

S-U012

COVERAGE-U012

TERM-U012

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C.-U012

AUTHORIZE-U012

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OFFICER-U012

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SIGN-U012

UP-U012

TO-U012

TWO-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%)-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

OF-U012

WORK;-U012

D.-U012

AUTHORIZE-U012

THE-U012

AUDITOR-CONTROLLER-U012

TO-U012

TRANSFER-U012

FUNDS-U012

FUND-U012

020-2883-U012

PEG-U012

FUNDS-U012

UPON-U012

REQUEST-U012

INFORMATION-U012

TECHNOLOGY-U012

DEPARTMENT-U012

AS-U012

EXPENDED.-U012

 

 

 

 

SIGNED BOARD REPORT"�|E
��MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: June 28, 2011  Consent

AGENDA NO.: i

SUBJECT: a. Approve and authorize the Contracts/Purchasing Officer on behalf of the

Information Technology Department to execute a Professional Services

Agreement between the County of Monterey and Granicus, Inc. in the amount

of $20,607 for FY 2011-12, $20,607 for FY 2012-13, and $20,607 for FY

2013-14 for a total contact amount of $ 61,821 for the provision of maintenance

and support of the Granicus software to include MinutesMakerTM and

MediaManagerTM which is part of a comprehensive services package to include

storage and archiving, and audio/video streaming of Board of Supervisor's,

Planning Commission, and LAFCO meetings which take place in Monterey

County;

b. Accept vendor's coverage term and limits;

c. Authorize the Contracts/Purchasing Officer to sign up to two future

amendments to this agreement where the amendments do not exceed 10% and

do not significantly change the scope of work; and

d. Authorize the Auditor-Controller to transfer funds from Fund 020-2883 PEG

funds upon request from Information Technology Department as expended.

DEPARTMENT: Information Technology

RECOMMENDATION:

It is recommended that the Board of Supervisors

a. Approve and authorize the Contracts/Purchasing Officer on behalf of the Information

Technology Department to execute a Professional Services Agreement between the County of

Monterey and Granicus, Inc. in the amount of $20,607 for FY 2011-12, $20,607 for FY 2012-

13, and $20,607 for FY 2013-14 for a total contact amount of $ 61,821 for the provision of

maintenance and support of the Granicus software to include MinutesMakerTM and

MediaManagerTM which is part of a comprehensive services package to include storage and

archiving, and audio/video streaming of Board of Supervisor's, Planning Commission, and

LAFCO meetings which take place in Monterey County;

b. Accept vendor's coverage term and limits;

c. Authorize the Contracts/Purchasing Officer to sign up to two future amendments to this

agreement where the amendments do not exceed 10% and do not significantly change the

scope of work; and

d. Authorize the Auditor-Controller to transfer funds from Fund 020-2883 PEG funds upon

request from Information Technology Department as expended.

SUMMARY/DISCUSSION:

Granicus, Inc. is a vendor who initially provided a software and hardware solution for the Clerk of

the Board which streamlined the processes associated with uploading the audio, video, and

electronic files of agendas in support of the public meetings for online access by the public on the

County of Monterey webpage. In addition to these services, Granicus, Inc. also manages the

Government Channel webpage. This webpage provides information to the public regarding the

Government Channel program schedule as well as access to previous programming broadcast on

the channel. The implementation of this comprehensive software solution and webpage support

will assist in meeting the Board's goal of providing greater public access to public meetings for the

citizens of the County of Monterey.

 

 

BIB]

 

40742-U01

SIGNED-U02

BOARD-U02

REPORT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

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AI103199-U03

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MARCELLAC-U04

16737-U05

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APPROVE-U07

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THE-U07

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OFFICER-U07

ON-U07

BEHALF-U07

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TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

EXECUTE-U012

A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

BETWEEN-U012

THE-U012

COUNTY-U012

OF-U012

MONTEREY-U012

GRANICUS,-U012

INC.-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

CONTACT-U012

AMOUNT-U012

OF-U012

$-U012

61,821-U012

THE-U012

PROVISION-U012

OF-U012

MAINTENANCE-U012

SUPPORT-U012

OF-U012

THE-U012

GRANICUS-U012

SOFTWARE-U012

TO-U012

INCLUDE-U012

MINUTESMAKERT-U012

MEDIAMANAGERT-U012

IS-U012

PART-U012

OF-U012

A-U012

COMPREHENSIVE-U012

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PACKAGE-U012

TO-U012

INCLUDE-U012

STORAGE-U012

ARCHIVING,-U012

AUDIO/VIDEO-U012

STREAMING-U012

OF-U012

BOARD-U012

OF-U012

SUPERVISORS,-U012

PLANNING-U012

COMMISSION,-U012

LAFCO-U012

MEETINGS-U012

TAKE-U012

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B.-U012

ACCEPT-U012

VENDOR-U012

S-U012

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TERM-U012

LIMITS;-U012

C.-U012

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SIGN-U012

UP-U012

TO-U012

TWO-U012

FUTURE-U012

AMENDMENTS-U012

TO-U012

AGREEMENT-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

10%)-U012

DO-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

OF-U012

WORK;-U012

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THE-U012

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TO-U012

TRANSFER-U012

FUNDS-U012

FUND-U012

020-2883-U012

PEG-U012

FUNDS-U012

UPON-U012

REQUEST-U012

INFORMATION-U012

TECHNOLOGY-U012

DEPARTMENT-U012

AS-U012

EXPENDED.-U012

 

 

SIGNED BOARD REPORT"�|E
��Risk Management has recommended that the vendor provide Professional Liability insurance in

the amount of $1 million with $2 million in aggregate. In response to the County's insurance

requirement, the vendor has provided $1 million with $l million in aggregate. All other insurance

limits and indemnification requirements have been met. It is recommended by the Acting Director

of Information Technology Department ITD) that the Board approve the insurance coverage and

limits provided by this vendor as this agreement poses limited liability. The approval of this action

will ensure that the managed services provided by Granicus, Inc., which includes software

licensing, data hosting, storage, web page support and video/audio streaming services, continues

for the residents within the County of Monterey.

OTHER AGENCY INVOLVEMENT:

County Counsel and Auditor-Controller have reviewed the Agreement and concur with the

recommendation. Risk Management has reviewed the agreement and does not approve the

Professional Liability insurance amount provided by the vendor. The agreement is on file with the

Clerk of the Board.

FINANCING:

ITD has continued to manage the Agreement for the Clerk of the Board's office which includes

agreement negotiations, finalization, and the charge back of the monthly recurring costs excluding

the webpage management to the Clerk of the Board.

The funds for payment of this agreement has been included in the FY 2011-12 Recommended

Budget and will be requested in the FY 2012-13 and FY 2013-14 Budget for the Information

Technology Department, ITD 1930, Telecommunications Unit 8140, Appropriations Unit INF001

with the understanding that the Clerk of the Board's office will reimburse the monthly recurring

costs excluding the webpage management of the Government Channel website back to ITD.

Transactions relating to future fiscal years will be included in each respective Recommended

Budgets. Should funding be reduced and/or terminated, the County may terminate this agreement

by giving thirty 30) days written notice of such action to the Contractor.

Prepared by:

Approved by:

 

ah House

anageiient Analyst III

755-5108

 

d0b/

Uat*

Attachments: Agreement

cc: Charles J. McKee, County Counsel

Michael Miller, Auditor-Controller

Richard Lange

Acting Director of Information Technology

796-1404

Date

 

 

BIB]

 

40742-U01

SIGNED-U02

BOARD-U02

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LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO104224-U03

C10-U03

BOARD-U03

REPORTS-U03

7/18/2011-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

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JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

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EXECUTE-U012

A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

BETWEEN-U012

THE-U012

COUNTY-U012

OF-U012

MONTEREY-U012

GRANICUS,-U012

INC.-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

CONTACT-U012

AMOUNT-U012

OF-U012

$-U012

61,821-U012

THE-U012

PROVISION-U012

OF-U012

MAINTENANCE-U012

SUPPORT-U012

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THE-U012

GRANICUS-U012

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TO-U012

INCLUDE-U012

MINUTESMAKERT-U012

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IS-U012

PART-U012

OF-U012

A-U012

COMPREHENSIVE-U012

SERVICES-U012

PACKAGE-U012

TO-U012

INCLUDE-U012

STORAGE-U012

ARCHIVING,-U012

AUDIO/VIDEO-U012

STREAMING-U012

OF-U012

BOARD-U012

OF-U012

SUPERVISORS,-U012

PLANNING-U012

COMMISSION,-U012

LAFCO-U012

MEETINGS-U012

TAKE-U012

PLACE-U012

IN-U012

MONTEREY-U012

COUNTY;-U012

B.-U012

ACCEPT-U012

VENDOR-U012

S-U012

COVERAGE-U012

TERM-U012

LIMITS;-U012

C.-U012

AUTHORIZE-U012

THE-U012

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UP-U012

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EXECUTED AGREEMENT"�|Ef��GRANICUS, INC.

SERVICES AGREEMENT

THIS SERVICE AGREEMENT the Agreement"), dated as of July 1, 2011 the Effective

Date"), is entered into between Granicus, Inc. GRANICUS"), a California Corporation, and the County

of Monterey, a political subdivision of the State of California the COUNTY").

A. WHEREAS, Granicus is in the business of developing, licensing, and offering for sale

various streaming media solutions specializing in Internet broadcasting, and related support services;

and

B. WHEREAS, Granicus desires to provide and COUNTY desires to i) purchase the

Granicus Solution as set forth in the Proposal, which is attached as Exhibit A. and incorporated

herein, to facilitate streaming and distribution of live and archived digital media content, ii)

engage GRANICUS to integrate its Granicus Software onto the COUNTY Website, iii) use the Granicus

Software subject to the terms and conditions set forth in this Agreement, and iv) contract with

GRANICUS to administer the Granicus Solution through the Managed Services set forth in Exhibit A.

NOW, THEREFORE, in consideration of the foregoing and the mutual agreements, covenants,

representations and warranties herein contained, the parties hereto agree as follows:

GRANICUS SOFTWARE AND MANAGED SERVICES.

1.1 Software and Services. Subject to the terms and conditions of this Agreement,

GRANICUS will provide COUNTY with the GRANICUS Software, Professional Services, and Managed

Services that comprise the Granicus Solution as outlined in Exhibit A.

2. GRANT OF LICENSE.

2.1 Ownership. GRANICUS, and/or its third party supplier, owns the copyright and/or

certain proprietary information protectable by law in the Granicus Software.

2.2 Use. GRANICUS agrees to provide COUNTY with a revocable, non-transferable

and non-exclusive license to access the Granicus Software listed in the Solution Description and a

revocable, non-sublicensable, non-transferable and non-exclusive right to use the Granicus

Software. All Granicus Software is proprietary to GRANICUS and protected by intellectual property laws

and international intellectual property treaties. Pursuant to this Agreement, COUNTY may use the

Granicus Software to perform its own work and work of its customers/constituents.

Cancellation of the COUNTY's Managed Services will also result in the immediate termination of the

COUNTY's Software license as described in Section 2.2 hereof.

2.3 Limited Warranty; Exclusive Remedies. Subject to Sections 6.1 and 6.2 of this

Agreement, GRANICUS warrants that the Granicus Software, as provided by GRANICUS, will

substantially perform in accordance with its applicable written specifications for as long as the COUNTY

pays for and receives Managed Services. COUNTY's sole and exclusive remedy for any breach by

GRANICUS of this warranty is to notify GRANICUS, with sufficient detail of the nonconformance,

and provide GRANICUS with a reasonable opportunity to correct or replace the defective Granicus

Software. COUNTY agrees to comply with GRANICUS' reasonable instructions with respect to

the alleged defective Granicus Software.

2.4 Limitations. Except for the license in Section 2.2, GRANICUS retains all ownership

and proprietary rights in and to the Granicus Software, and COUNTY is not permitted, and will not

assist or permit a third party, to: a) utilize the Granicus Software in the capacity of a service

Page

10

 

 

BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

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6/17/2011-U011

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EXECUTED AGREEMENT"�|Ef��bureau or on a time share basis; b) reverse engineer, decompile or otherwise attempt to derive source

code from the Granicus Software; c) provide, disclose, or otherwise make available the Granicus

Software, or copies thereof, to any third party; or d) share, loan, or otherwise allow another Meeting

Body, in or outside its jurisdiction, to use the Granicus Software, or copies thereof, except as

expressly outlined in the Proposal.

3. PAYMENT OF FEES

3.1 COUNTY agrees to pay all costs as outlined in Exhibit A.

3.2 Monthly billing for Managed Services shall begin forty-five 45) days after the

receipt of a fully executed Agreement or the receipt of a purchase order for the up-front costs, whichever

occurs first, as agreed upon in Exhibit A.

3.3 COUNTY agrees to pay all invoices from GRANICUS within thirty 30) days of receipt

of invoice by the County Auditor Controller's Office COUNTY for Managed Services Fee to

GRANICUS on a monthly basis Granicus, Inc. shall send all invoices to:

Monterey County InformationTechnology

1590 Moffett Street

Sailnas, Ca. 93905

Attn: Accounts Payable

3.4 Upon renewal of this Agreement, GRANICUS may include in which case

COUNTY agrees to pay) a maximum increase of the current CPI percentage rate as found at The Bureau

of Labor and Statistics website  or three 3) percent a year on COUNTY's

Managed Services Fee, whichever is larger.

3.5 Training Granicus shall provide one 1) online training as part of this Agreement to

be scheduled by the County at a mutually convenient date/time and as specified by the Granicus

training coordinator and mutually agreed by the designated representative of the County.

3.6 Additions. GRANICUS, at its' sole discretion, may add features or functionality to existing

product suite bundles for various reasons, including to enhance GRANICUS' offerings, or improve user

satisfaction. During the initial period of this Agreement, the customer understands that the use of these

additional products is included in the originally agreed upon monthly managed services fees.At contract

renewal, the customer acknowledges that this added functionality may have additional monthly managed

service charges associated with it and that monthly managed services rates on renewals may have a higher

rate than preceding years.

4. CONTENT PROVIDED TO GRANICUS

4.1 Responsibility for Content. The COUNTY 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. However, GRANICUS has the right but not the obligation) to

remove any Content that GRANICUS believes violates any applicable law or this Agreement.

4.2 Restrictions. COUNTY shall not provide GRANICUS with any Content that: i)

infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights; ii)

violates any law, statute, ordinance or regulation, including without limitation the laws and regulations

governing export control and e-mail/spam; iii) is defamatory or trade libelous; iv) is pornographic or

 Page

11

 

 

BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

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TECHNOLOGY-U07

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193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

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PROFESSIONAL-U012

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AGREEMENT-U012

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GRANICUS,-U012

INC.-U012

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OF-U012

$20,607-U012

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2011-12,-U012

$20,607-U012

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$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

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AMOUNT-U012

OF-U012

$-U012

61,821-U012

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AS-U012

EXPENDED.-U012

 

 

EXECUTED AGREEMENT"�|Ef��obscene, or promotes, solicits or comprises inappropriate, harassing, abusive, profane, defamatory,

libelous, threatening, indecent, vulgar, or otherwise objectionable or constitutes unlawful content or

activity; v) contains any viruses, or any other similar software, data, or programs that may damage,

detrimentally interfere with, intercept, or expropriate any system, data, information, or property of

another.

4.3. Content Ownership. The COUNTY shall own all right, title, and interest in and to all content

generated by the COUNTY on a worldwide basis, i) with respect to content captured by cameras or

microphones at the venue, at the time such content is so captured and prior to the time it is transmitted to the

computer at the venue and ii) with respect to all other content, at the time such content is transmitted or

otherwise provided to CONTRACTOR pursuant to this Agreement.

In case of termination by Client or expiration of the Service Agreement, Granicus and the Client shall work

together to provide the Client with a copy of its Content. The Client shall have the option to choose one 1) of

the following methods to obtain a copy of its Content:

 Option 1: Video files on DVR and a compact disc CD) that contains the index and clip name

data in CSV or XML format will be created and sent to the Client. This option may result in

an additional charge to Client.

 Option 2: Provide the Content via download from MediaManager or from a special site

created by Granicus. This option shall be provided free of charge.

 Option 3: Granicus shall provide the means to pull the content from the MediaVault in CSV

or XML format. This option shall be provided free of charge.

5. TRADEMARK OWNERSHIP. GRANICUS and COUNTY's Trademarks are listed in the

Trademark Information exhibit attached as Exhibit D.

5.1 Each Party shall retain all right, title and interest in and to their own Trademarks,

including any goodwill associated therewith, subject to the limited license granted to the COUNTY

pursuant to Section 2 hereof. Upon any termination of this Agreement, each Party's right to use the other

Party's Trademarks pursuant to this Section 5 terminates.

5.2 Each party grants to the other a non-exclusive, non-transferable other than as provided in

Section 5 hereof), limited license to use the other party's Trademarks as is reasonably necessary to

perform its obligations under this Agreement, provided that any promotional materials containing the

other party's trademarks shall be subject to the prior written approval of such other party, which approval

shall not be unreasonably withheld.

6. LIMITATION OF LIABILITY

6.1 Warranty Disclaimer. Except as expressly provided herein, Granicus' services, software and

deliverables are provided as is" and Granicus expressly disclaims any and all express or implied warranties,

including but not limited to implied warranties of merchantability, non-infringement of third party rights, and

fitness for a particular purpose. Granicus does not warrant that access to or use of its software or services

will be uninterrupted or error free. In the event of any interruption, Granicus' sole obligation shall be to

use commercially reasonable efforts to restore access.

6.2 Limitation of Liabilities. To the maximum extent permitted by applicable law, Granicus and its

suppliers and licensors shall not be liable for any indirect, special, incidental, consequential, or punitive

  Page

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BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

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TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

EXECUTE-U012

A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

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GRANICUS,-U012

INC.-U012

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THE-U012

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OF-U012

$20,607-U012

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2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

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AMOUNT-U012

OF-U012

$-U012

61,821-U012

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EXECUTED AGREEMENT"�|Ef��damages, whether foreseeable or not, including but not limited to: those arising out of access to or inability

to access the services, software, content, or related technical support damages or costs relating to the loss of.

profits or revenues, goodwill, data including loss of use or of data, loss or inaccuracy or corruption of

data); or cost of procurement of substitute goods, services or technology, even if advised of the possibility of

such damages and even in the event of the failure of any exclusive remedy. In no event will Granicus' and

its suppliers' and licensors' liability exceed the amounts paid by client under this agreement regardless of the

form of the claim including without limitation, any contract, product liability, or tort claim including

negligence, statutory or otherwise).

7. CONFIDENTIAL INFORMATION & OWNERSHIP.

7.1 Confidentiality Obligation  Confidential Information shall mean all proprietary or

confidential information disclosed or made available by the other party pursuant to this Agreement that is

identified as confidential or proprietary at the time of disclosure or is of a nature that should reasonably be

considered to be confidential, and includes but is not limited to the terms and conditions of this

Agreement, and all business, technical and other information including without limitation, all product,

services, financial, marketing, engineering, research and development information, product specifications,

technical data, data sheets, software, inventions, processes, training manuals, know-how and any other

information or material), disclosed from time to time by the disclosing party to the receiving party,

directly or indirectly in any manner whatsoever including without limitation, in writing, orally,

electronically, or by inspection); provided, however, that Confidential Information shall not include the

Content that is to be published on the website(s) of COUNTY.

7.2 Each party agrees to keep confidential and not disclose to any third party, and to use

only for purposes of performing or as otherwise permitted under this Agreement, any Confidential

Information. The receiving party shall protect the Confidential Information using measures similar to

those it takes to protect its own confidential and proprietary information of a similar nature but not less

than reasonable measures. 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

this Agreement and then only if such Representative is either subject to a written confidentiality

agreement or otherwise subject to fiduciary obligations of confidentiality that cover the confidential

treatment of the Confidential Information.

7.3 Exceptions. The obligations of this Section 7 shall not apply if receiving party can prove

by appropriate documentation that such Confidential Information i) was known to the receiving party as

shown by the receiving party's files at the time of disclosure thereof, ii) was already in the public domain

at the time of the disclosure thereof, iii) entered the public domain through no action of the receiving

party subsequent to the time of the disclosure thereof, or iv) is required by law or government order to be

disclosed by the receiving party, provided that the receiving party shall i) notify the disclosing party in

writing of such required disclosure as soon as reasonably possible prior to such disclosure, ii) use its

commercially reasonable efforts at its expense to cause such disclosed Confidential Information to be

treated by such governmental authority as trade secrets and as confidential.

8. TERM AND TERMINATION

8.1 The term of this Agreement is from July 1, 2011 to June 30, 2014, unless sooner

terminated pursuant to the terms of this Agreement.

8.2 Termination. During this term of this Agreement, the COUNTY may terminate the

Agreement for any reason by giving written notice of termination to the CONTRACTOR at least thirty

30) days prior to the effective date of termination. Such notice shall set forth the effective date of

termination. In the event such termination, the amount payable under this Agreement shall be reduced in

proportion to the services provided to the date of termination.

Page

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BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

ON-U07

BEHALF-U07

OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

EXECUTE-U012

A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

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OF-U012

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GRANICUS,-U012

INC.-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

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$-U012

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EXECUTED AGREEMENT"�|Ef��8.3 Rights Upon Termination. Upon any expiration or termination of this Agreement, and

unless otherwise expressly provided in an exhibit to this Agreement:

a) COUNTY's right to access or use the Granicus Solution, including GRANICUS

Software, terminates and GRANICUS has no further obligation to provide any services;

b) COUNTY has the right to keep any purchased hardware, provided that COUNTY

removes and/or uninstalls any Granicus Software on such hardware. However, if COUNTY

has received hardware as part of a Granicus Open Platform Suite solution Open Platform

Hardware"), COUNTY understands that upon termination of this Agreement, COUNTY shall

immediately return the Open Platform Hardware to Granicus, Inc. The Open Platform Hardware

must be returned within fifteen 15) days of termination, and must be in substantially the same

condition as when originally shipped, subject only to normal wear and tear; and

c) COUNTY shall immediately return the Granicus Software and all copies

thereof to GRANICUS, and within thirty 30) days of termination, COUNTY shall deliver

a written certification to GRANICUS certifying that it no longer has custody of any copies of the

Granicus Software.

8.4 Obligations Upon Termination. Upon any termination of this Agreement,

a) the parties shall remain responsible for any payments that have become due

and owing up to the effective date of termination;

b) the provisions of 2.1, 2.4, 3, 4, 5, 6.1, 6.2, 7, 8.3, and 10 of the agreement, and

applicable provisions of the Exhibits intended to survive, shall survive termination of this

Agreement and continue in full force and effect;

c) pursuant to the Termination or Expiration Options Regarding Content,

GRANICUS shall allow the COUNTY limited access to the COUNTY's Content, including, but

not limited to, all video recordings, timestamps, indices, and cross-referenced documentation. The

COUNTY shall also have the option to order hard copies of the Content in the form of

compact discs or other equivalent format; and

d) GRANICUS has the right to delete Content within sixty 60) days of the

expiration or termination of this Agreement.

9. PATENT, COPYRIGHT AND TRADE SECRET INFRINGEMENT.

9.1 Granicus' Options. If the Granicus Software becomes, or in GRANICUS' opinion is likely to

become, the subject of an infringement claim, GRANICUS may, at its option and sole discretion, i)

obtain for COUNTY the right to continue to use the Granicus Software as provided in this Agreement; ii)

replace the Granicus Software with another software product that provides similar functionality; or iii) if

GRANICUS determines that neither of the foregoing options are reasonably available, GRANICUS may

cease providing the applicable services or require that COUNTY cease use of and destroy the Granicus

Software. In that event, and provided that COUNTY returns or destroys and certify to such destruction

of) all copies of the Granicus Software in COUNTY's possession or control, if any, GRANICUS will

refund to COUNTY all license fees paid by COUNTY under the current Agreement.

10. MISCELLANEOUS.

10.1 Amendment and Waiver. This Agreement may be amended, modified, waived or

Page

14

 

 

BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

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OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

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6/17/2011-U011

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PROFESSIONAL-U012

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EXECUTED AGREEMENT"�|Ef��canceled only in writing signed by each of the parties hereto or, in the case of a waiver, by the party

waiving compliance. Any failure by either party to strictly enforce any provision of this Agreement will

not be a waiver of that provision or any further default.

10.2 Governing Law. The laws of the State of California shall govern the validity,

construction, and performance of this Agreement, without regard to its conflict of law principles.

10.3 Construction and Severability. Wherever possible, each provision of this

Agreement shall be interpreted so that it is valid under applicable law. If any provision of this

Agreement is held illegal or unenforceable, that provision will be reformed only to the extent necessary to

make the provision legal and enforceable; all remaining provisions continue in full force and effect.

10.4 Independent Contractors. The parties are independent contractors, and no other

relationship is intended by this Agreement.

10.5 Force Maieure. Other than payment obligations, neither party is responsible for any

delay or failure in performance if caused by any event outside the reasonable control of the party,

including without limitation acts of God, government regulations, shortage of supplies, act of war, act of

terrorism, earthquake, or electrical, internet or telecommunications outage.

10.6 Closed Captioning Services. COUNTY and Granicus may agree that closed captioning or

transcription services will be provided by a third party under this agreement. In such case,

COUNTY expressly understands that the third party is an independent contractor and not an agent or

employee of GRANICUS. GRANICUS is not liable for acts performed by such independent third party.

10.7 Authority. Any individual executing this Agreement on behalf of the COUNTY or

GRANICUS represents and warrants hereby that he or she has the requisite authority to enter into this

Agreement on behalf of such party and bind the party to the terms and conditions of this Agremeent.

10.8 All notices an other communications required or permitted under this Agreement must be

in writing and must be hand delivered or sent by registered 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 COUNTY, to the address set forth below and, in the case of GRANICUS 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.

To GRANICUS, INC: Granicus, Inc.

Attn: Tom Spengler, CEO

568 Howard Street

San Francisco, CA. 94105

To the COUNTY: Information Technology Department

1590 Moffett Street

Salinas, Ca. 93905

Sarah House

11. CONFLICT OF INTEREST. GRANICUS covenants that GRANICUS, its responsible officers,

and its employees having major responsibilities for the performance of work under the Agreement

presently have no interest and during the term of the Agreement will not acquire any interests, direct or

indirect, which might conflict in any manner or degree with the performance of GRANICUS's services

 Page

15

 

 

BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

ON-U07

BEHALF-U07

OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

EXECUTE-U012

A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

BETWEEN-U012

THE-U012

COUNTY-U012

OF-U012

MONTEREY-U012

GRANICUS,-U012

INC.-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

CONTACT-U012

AMOUNT-U012

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61,821-U012

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AS-U012

EXPENDED.-U012

 

 

EXECUTED AGREEMENT"�|Ef��under this Agreement.

12. INDEMNIFICATION. GRANICUS shall indemnify, defend, and hold harmless the County of

Monterey hereinafter COUNTY"), its officers, agents and employees from any claim, liability, loss, injury or

damage arising out of, or in connection with, performance of this Agreement by Contractor and/or its agents,

employees or sub-contractors while on COUNTY site, excepting only loss, injury or damage caused by the

negligence or willful misconduct of personnel employed by the COUNTY.

13. INSURANCE.

13.01. Evidence of Coverage: Prior to commencement of this Agreement, the Contractor shall

provide a Certificate of Insurance" certifying that coverage as required herein has been obtained.

Individual endorsements executed by the insurance carrier shall accompany the certificate. In addition, the

Contractor upon request shall provide a certified copy of the policy or policies.

This verification of coverage shall be sent to the County's Contracts/Purchasing Department, unless

otherwise directed. The Contractor shall not receive a Notice to Proceed" with the work under this

Agreement until it has obtained all insurance required and the County has approved such insurance. This

approval of insurance shall neither relieve nor decrease the liability of the Contractor.

13.02 Qualifying Insurers: All coverage's, except surety, shall be issued by companies which hold

a current policy holder's alphabetic and financial size category rating of not less than A- VII, according to

the current Best's Key Rating Guide or a company of equal financial stability that is approved by the

County's Purchasing Manager.

13.03 Insurance Coverage Requirements: Without limiting CONTRACTOR's duty to

indemnify, CONTRACTOR shall maintain in effect throughout the term of this Agreement a policy

or policies of insurance with the following minimum limits of liability:

 Commercial general liability insurance, including but not limited to premises and

operations, including coverage for Bodily Injury and Property Damage, Personal

Injury, Contractual Liability, Broad form Property Damage, Independent Contractors,

Products and Completed Operations, with a combined single limit for Bodily Injury

and Property Damage of not less than $1,000,000 per occurrence.

Business automobile liability insurance, covering all motor vehicles, including

owned, leased, non-owned, and hired vehicles, used in providing services under

this Agreement, with a combined single limit for Bodily Injury and Property

Damage of not less than $500,000 per occurrence.

 Workers' Compensation Insurance, if CONTRACTOR employs others in the

performance of this Agreement, in accordance with California Labor Code section

3700 and with Employer's Liability limits not less than $1,000,000 each person,

$1,000,000 each accident and $1,000,000 each disease.

14. LEGAL, REGULATORY COMPLIANCE

14.1 This Agreement and all operations hereunder by GRANICUS and the COUNTY shall be

subject to all applicable laws. GRANICUS shall comply with all applicable laws in fulfilling its obligation

under this Agreement.

 Page

16

 

 

BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

ON-U07

BEHALF-U07

OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

EXECUTE-U012

A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

BETWEEN-U012

THE-U012

COUNTY-U012

OF-U012

MONTEREY-U012

GRANICUS,-U012

INC.-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

CONTACT-U012

AMOUNT-U012

OF-U012

$-U012

61,821-U012

THE-U012

PROVISION-U012

OF-U012

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EXECUTED AGREEMENT"�|Ef��This Agreement consists of this Service Agreement as well as the following exhibits, which are

incorporated herein by reference as indicated:

Exhibit A: Proposal

Exhibit B: Support Information Exhibit C: Trademark Information

Exhibit D: Termination or Expiration Options Regarding Content

THIS SECTION LEFT BLANK INTENTIONALLY

 Page

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BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

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AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

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OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

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A-U012

PROFESSIONAL-U012

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GRANICUS,-U012

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$20,607-U012

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2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

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EXPENDED.-U012

 

 

EXECUTED AGREEMENT"�|Ef�                     �IN WITNESS WHEREOF, the COUNTY and GRANICUS have executed this Agreement as of the

day and year written above.

COUNTY OF MONTEREY

By:

Contr4ts/Purchasing Manager

Date: JUL 2 2 2011

By:

Department Head if applicable)

Date:

Approved as to Form

By:

Date:

 

County Counsel

9"-N-//

Approved as to Fis4k1 Frovii

By:

Vl IA

Date:

udi r7Controller

 

By:

Date:

By:

Date:

CONTRACTOR

cf/ 2/ GI/.f T/j C.

Contractor's Business Name*

Signature of Chair, President, or

Vice-President)*

Name and itle

Sign re of Secretary, Asst.

Secretary, FO, or Asst. Treasurer)*

Name and Title

*INSTRUCTIONS, If CONTRACTOR is a corporation, including limited liability and nonprofit corporations, the full legal name of the

corporation shall be set forth above together with the signatures of two specified of icers. If CONTRACTOR is a partnership, the name

of the partnership shall be set forth above together with the signature of a partner who has authority to execute this Agreement on

behalf of the partnership. If CONTRACTOR is contracting in an individual capacity, the individual shall set forth the name of the

business, if any, and shall personally sign the Agreement.

ENTERED

JUL212011

KA

Page

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BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

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THE-U07

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TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

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6/17/2011-U011

TO-U012

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A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

BETWEEN-U012

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OF-U012

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GRANICUS,-U012

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THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

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2013-14-U012

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PROVISION-U012

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MAINTENANCE-U012

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OF-U012

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A-U012

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EXECUTED AGREEMENT"�|Ef�

� EXHIBIT A

 PROPOSAL

Total Monthly Maintenance Cost: $1717.20

Product

Monthly Maintenance Costs

Agenda Parser $125.00

Agenda Integration $150.00

Audio Podcasting $200.00

Document Templates $100.00

MinutesMaker $275.00

Outcast Encoder $80.00

Original Programming Portal $107.20

Stream Replicator $180.00

Bandwidth & Storage $500.00

Total MQ thly $1717.20

Managed Services Overview/Scope of Work

1. Agenda partner integration support

2. Agenda parser support & maintenance

3. Outcast encoder support & maintenance

4. Document template support & maintenance

5. Audio podcasting services

6. Bandwidth & storage for video streaming

7. Minutesmaker support & maintenance

8. Continuous product upgrades

9. Pro-active relationship & success maintenance

10. Unlimited access to online training for certified Granicus users

11. Original programming portal integration support & maintenance

12. Stream replicator support & maintenance

The Yearly cost of the Agreement is as follows:

Term Yearly Cost

July 1, 2011 June 30, 2012 $ 20,606.40

July 1, 2012  June 30, 2013 $ 20,606.40

July 1, 2013 June 30, 2014 $ 20,606.40

 

 

BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

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FO96184-U03

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A-U012

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BETWEEN-U012

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OF-U012

MONTEREY-U012

GRANICUS,-U012

INC.-U012

IN-U012

THE-U012

AMOUNT-U012

OF-U012

$20,607-U012

FY-U012

2011-12,-U012

$20,607-U012

FY-U012

2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

CONTACT-U012

AMOUNT-U012

OF-U012

$-U012

61,821-U012

THE-U012

PROVISION-U012

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A-U012

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FUNDS-U012

UPON-U012

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TECHNOLOGY-U012

DEPARTMENT-U012

AS-U012

EXPENDED.-U012

 

 

EXECUTED AGREEMENT"�|Ef�
�SUPPORT INFORMATION

1. Contact Information. The support staff at Granicus may be contacted by the COUNTY at its

mailing address, general and support-only telephone numbers, and via e-mail or the Internet.

a) Mailing Address. Mail may be sent to the support staff at Granicus

headquarters, located at 568 Howard Street, Suite 300, San Francisco, California, 94105.

b) Telephone Numbers. Office staff may be reached from 8:00 AM to 7:00 PM

Pacific time at 415) 357-3618 or toll-free at 877) 889-5495. The technical support staff may be

reached at 415) 655-2400 from 8:00 AM to 7:00 PM Pacific time. After hours or in case of a

technical support emergency, the support staff may be reached at Al 12

SI'

2. Recognized COUNTY Representatives. Granicus strives to provide unparalleled support to

its COUNTYs by ensuring that COUNTY staff is properly educated and is prepared to maximize its

Granicus Solution. Any COUNTY Representative who wishes to participate and receive Granicus

customer advocacy services shall participate in and complete the training program that is suited for the

Granicus Solution. Once a COUNTY Representative completes the training, that Representative will be

recognized in Granicus' internal system as qualified to receive support and ongoing education services.

All COUNTY Representatives are eligible to receive technical support services, regardless of participation

in the training program.

3. Support Policy. When Granicus received notification of an issue from COUNTY, a Granicus

account manager or technical support engineer will respond directly to the COUNTY via phone or e-mail

with a) an assessment of the issue, b) an estimated time for resolution, and c) will be actively working

to resolve the issue as appropriate for the type of issue. Notification shall be the documented time that

Granicus receives the COUNTY's call or e-mail notifying Granicus of an issue or the documented time

that Granicus notifies COUNTY there is an issue. Granicus reserves the right to modify its support

and maintenance policies, as applicable to its customers and licensees generally, from time to time, upon

reasonable notice.

4. Scheduled Maintenance. Scheduled maintenance of the Granicus Solution will not be counted as

downtime. Granicus will clearly post that the site is down for maintenance and the expected duration of

the maintenance. Granicus will provide the COUNTY with at least two 2) days prior notice for

any scheduled maintenance. All system maintenance will only be performed during these times, except in

the case of an emergency. In the case that emergency maintenance is required, the COUNTY will be

provided as much advance notice, if any, as possible under the circumstances.

5. Software Enhancements or Modifications. The COUNTY may, from time to time, request

that Granicus incorporate certain features, enhancements or modifications into the licensed

Granicus Software. Subject to the terms and conditions to this exhibit and the Service Agreement,

Granicus and COUNTY will use commercially reasonable efforts to perform all tasks in the Statement of

Work SOW"). Upon the COUNTY's request for such enhancements/modifications, the COUNTY shall

prepare a SOW for the specific project that shall define in detail the Services to be performed. Each

such SOW signed by both parties is deemed incorporated in this exhibit by reference. Granicus

shall submit a cost proposal including all costs pertaining to furnishing the COUNTY with the

Page

20

 

 

BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

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OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

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A-U012

PROFESSIONAL-U012

SERVICES-U012

AGREEMENT-U012

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$20,607-U012

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2011-12,-U012

$20,607-U012

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2012-13,-U012

$20,607-U012

FY-U012

2013-14-U012

A-U012

TOTAL-U012

CONTACT-U012

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61,821-U012

THE-U012

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OF-U012

MAINTENANCE-U012

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AS-U012

EXPENDED.-U012

 

 

EXECUTED AGREEMENT"�|Ef�

�enhancements/modifications.

5.1 Documentation. After the SOW has been executed by each party, a detailed requirements

and detailed design document shall be submitted illustrating the complete financial terms that

govern the SOW, proposed project staffing, anticipated project schedule, and other information

relevant to the project. Such enhancements or modifications shall become part of the licensed

Granicus Software.

5.2 Acceptance. COUNTY understands that all work contemplated by this exhibit is on a

time- and-materials" basis unless otherwise stated in the SOW. Within ten 10) business days of

Granicus' completion of the milestones specified in the SOW and delivery of the applicable

enhancement/modification to COUNTY, COUNTY will provide Granicus with written notice of

its acceptance or rejection of the enhancement/modification, based on the acceptance criteria

set forth in the SOW. COUNTY agrees that it will not reject any enhancement/modification so

long as it substantially complies with the acceptance criteria.

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

of the Granicus.

6. Limitation of Liability; Exclusive Remedy. IN THE EVENT OF ANY INTERRUPTION,

GRANICUS' SOLE OBLIGATION, AND COUNTY'S EXCLUSIVE REMEDY, SHALL BE FOR

GRANICUS TO USE COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS AS

SOON AS REASONABLY POSSIBLE.

End of Support Information]

 

 

BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

THE-U07

CONTRACTS/PURCHASING-U07

OFFICER-U07

ON-U07

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OF-U07

THE-U07

INFORMATION-U07

TECHNOLOGY-U07

DEPARTMENT-U07

193-INFORMATION-U08

TECHNOLOGY-U08

JOSEPHS-U09

CHARLOTTE-U09

JOSEPHSC-U10

6/17/2011-U011

TO-U012

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A-U012

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$20,607-U012

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2011-12,-U012

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$20,607-U012

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2013-14-U012

A-U012

TOTAL-U012

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$-U012

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AS-U012

EXPENDED.-U012

 

 

EXECUTED AGREEMENT"�|Ef�

�EXHIBIT C

TRADEMARK INFORMATION

Granicus Registered Trademarks

granicus-

Granicus logo as a mark

Granicus�

MediaVault�

Mobile

Encoder'

Outcast

Encoder�

StreamReplic

ator�

Granicus Trademar k Names TM

Integrated Public

Record' Intelligent

Routing"

LinkedMinutes"M

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MediaCenterTM

MediaManagertm'

MeetingMember""

TM

MeetingServer

Simulcast Encoder"'

VoteCastTM

VoteCast"1 Classic

VoteCastTM Touch

COUNTY Trademarks

 

 

BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

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16737-U05

2-U06

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EXPENDED.-U012

 

 

EXECUTED AGREEMENT"�|Ef��EXHIBIT D

TERMINATION OR EXPIRATION OPTIONS REGARDING CONTENT

In case of termination by COUNTY or expiration of the Service Agreement, Granicus and the

COUNTY shall work together to provide the COUNTY with a copy of its Content. The

COUNTY shall have the option to choose one 1) of the following methods to obtain a copy of its

Content:

 Option 1: Video files on DVR and a compact disc CD) that contains the index and

clip name data in CSV or XML format will be created and sent to the COUNTY.

This option may result in an additional charge to COUNTY.

 Option 2: Provide the Content via download from MediaManager or from a special

site created by Granicus. This option shall be provided free of charge.

 Option 3: Granicus shall provide the means to pull the content from the MediaVault

in

CSV or XML format. This option shall be provided free of charge.

The COUNTY and Granicus shall work together and make their best efforts to transfer the Content

within the sixty 60) day termination period. Granicus has the right to delete Content from its

services after sixty 60) days.

 

 

BIB]

 

40954-U01

EXECUTED-U02

AGREEMENT-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99828-U03

MG99940-U03

AS99966-U03

AS99970-U03

AI103199-U03

DO109734-U03

C5-U03

AGREEMENTS-U03

2/15/2012-U04

MARCELLAC-U04

16737-U05

2-U06

A.-U07

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193-INFORMATION-U08

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JOSEPHS-U09

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6/17/2011-U011

TO-U012

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PROFESSIONAL-U012

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$20,607-U012

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020-2883-U012

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