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234-17 RESOLUTION
113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Resolution: 234-17 File Number: 2017-0596 GRANICUS, INC.: A RESOLUTION TO APPROVE THE FIRST AMENDMENT TO THE CONTRACT WITH GRANICUS, INC. IN THE AMOUNT OF $1,140.00 FOR THE PURCHASE OF A VIRTUAL PERFORMANCE ACCELERATOR, AND TO APPROVE AN ANNUAL 10% PROJECT CONTINGENCY FOR THE PURCHASE OF SOFTWARE, MAINTENANCE, AND LICENSES FOR THE GRANICUS SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the First Amendment to the contract with Granicus, Inc., a copy of which is attached to this Resolution, in the amount of $1,140.00 for the purchase of a virtual performance accelerator, and further approves an annual 10% project contingency for the purchase of software, maintenance, and licenses for the Granicus system. PASSED and APPROVED on 11/7/2017 Attest: Lw"- & f"& Sondra, E. Smith, City Clerk Treasurer i 1011111111'r4 � i • ,o a wry �• ' SAN' .'�, •� If;.� i111f1► ��y`� Page 1 Printed on 11/8/17 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2017-0596 Agenda Date: 11/7/2017 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 12 GRANICUS, INC.: A RESOLUTION TO APPROVE THE FIRST AMENDMENT TO THE CONTRACT WITH GRANICUS, INC. IN THE AMOUNT OF $1,140.00 FOR THE PURCHASE OF A VIRTUAL PERFORMANCE ACCELERATOR, AND TO APPROVE AN ANNUAL 10% PROJECT CONTINGENCY FOR THE PURCHASE OF SOFTWARE, MAINTENANCE, AND LICENSES FOR THE GRANICUS SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the First Amendment to the contract with Granicus, Inc., a copy of which is attached to this Resolution, in the amount of $1,140.00 for the purchase of a virtual performance accelerator, and further approves an annual 10% project contingency for the purchase of software, maintenance, and licenses for the Granicus system. City of Fayetteville, Arkansas Page 1 Printed on 111812017 City of Fayetteville Staff Review Form 20170596 Legistar File ID 10/7/2017 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Keith Macedo 10/19/2017 Information Technology/ Chief of Staff Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approving the attached amendment to the service agreement with Granicus Inc, to add a virtual video performance accelerator to improve streaming video service, for a onetime fee of $1140.00, and approve a 10% annual contingency to purchase additional software, software maintenance, or services as needed. 4470.060.8900-5210.00 Account Number 02061.1 Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? No Budget Impact: Sales Tax Capital Fund Television Center Equipment Project Title Current Budget $ Funds Obligated $ Current Balance $ Item Cost $ Budget Adjustment Remaining Budget $ 65,034.00 25,554.87 39,479.13 1,140.00 38,339.13 V20140710 Previous Ordinance or Resolution # 5955 Original Contract Number: Approval Date: Comments: CITY OF FAYETTEVILLE .;, ARKANSAS CITY COUNCIL MEMO TO: Mayor Lioneld Jordan and City Council THRU: Don Marr, Chief of Staff FROM: Keith Macedo, Director of Information Technology DATE: October 19, 2017 SUBJECT: Request approval of an amendment to the service agreement with Granicus Inc, to add a virtual video performance accelerator to improve streaming video service, and approve a 10% annual contingency RECOMMENDATION: Staff recommends approving the attached amendment to the service agreement with Granicus Inc, to add a virtual video performance accelerator to improve streaming video service, for a onetime fee of $1140.00, and approve a 10% annual contingency to purchase additional software, software maintenance, or services as needed. BACKGROUND: City Council approved a service agreement with Granicus Inc. on March 7, 2017, ordinance 5955, to provide legislative software, voting system, and video streaming services. These services allow staff to manage our City Council agendas, City Council voting system, and stream live and recorded videos of our City board and commission meetings. Recently we have experienced performance issues related to our video streaming and Granicus recommended implementing their virtual video performance accelerator to resolve the issues. Staff will work with Granicus staff to install the new virtual video performance accelerator on an existing City of Fayetteville server. DISCUSSION: The resolution approved on March 7, 2017 included an annual escalation of 3% but did not allow the City to purchase additional software or services. Staff is requesting approval of the new video performance accelerator and a 10% annual contingency to purchase future software, software maintenance, or services to support our Granicus. BUDGET/STAFF IMPACT: The attached amendment adds the virtual performance accelerator to our existing service agreement for a onetime cost of $1140.00. The new performance accelerator does not increase our annual maintenance cost. Staff recommends approving the Granicus Inc. amendment in the amount of $1140.00. Funding is available from the Media Services Television Center Equipment project, 02061.61. Attachments: Staff Review Form, Staff Review Memo, Granicus Quote, Granicus Inc. amendment, Ordinance 5955 Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 G G -R AN I C_U S Quote Number: Q-13572 Quote Prepared On: 10/5/2017 Quote Valid Through: 11/15/2017 Payment Terms: Net 30 Procurement Vehicle: Direct In Support of: Fayetteville, AR Granicus Contact: Name: Nicholas Levine Phone: +1 3035940854 Email: nicholas.levine@granicus.com Product Name Product Description Invoice Schedule Quantity One -Time Total Virtual Remote configuration and deployment Milestones 1.00 $1,140.00 Performance of the Virtual Performance Accelerator Accelerator on either client hardware or Granicus Encoder. Virtual Performance Accelerator is used to distribute video/indexing/ documents within a local network. This distribution is utilized to eliminate the bandwidth impact local viewers would have accessing data from the Granicus Data Center. TOTAL: $1,140.00 • All fees are due at the beginning of the period of performance. Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. • This quote is exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Fayetteville, AR to provide applicable exemption certificate(s). Q-13572 : 10/5/2017 Page 1 of 1 FIRST AMENDMENT TO THE GRANICUS SERVICE AGREEMENT BETWEEN GRANICUS, INC. AND THE CITY OF FAYETTEVILE, AR This First Amendment to the Granicus, Inc. Service Agreement is dated October 9, 2017, and entered into by and between Granicus, Inc., a California Corporation (hereinafter referred to as "Granicus"), and the City of Fayetteville, AR (hereinafter referred to as "Client"), with reference to the following: WHEREAS, the Client and Granicus entered into an Agreement dated March 7, 2017 (the "Agreement"); and WHEREAS, in addition to Client's existing solution, Client wishes to add certain products and services as detailed in the quote dated October 5, 2017, which is attached as Exhibit A and incorporated herein by reference; NOW, THEREFORE, in consideration of the premises, the parties intend that the Agreement be amended as follows: Compensation shall be amended to include an additional one-time fee of one thousand one hundred and forty dollars ($1,140.00) as detailed in Exhibit A. As amended, Client's Granicus solution -shall now include additions to the Agreement as detailed in Exhibit A. 2. Except as amended by this First Amendment; all other terms and conditions of the Agreement shall remain in full force and effect. 3. In the event of any inconsistency between the provisions of this First Amendment and the documents comprising the Agreement, the provisions of this First Amendment shall prevail. IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed by their duly authorized representatives, CITY OF FA TTEVIj,Gir., AR GRANICUS, INC. v By Al— By: `— Marko Iynes CEO Date: Date: /0. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5955 File Number: 2017-0110 GRANICUS, INCORPORATED: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A ONE-YEAR CONTRACT 1WITH GRANTICUS, INCORPORATED IN THE AMOUNT OF $42,765.06 FOR 2017 WITH FOUR POSSIBLE ANNUAL RENEWALS WITH A 3% COST .INCREASE EACH YEAR WHEREAS, the City of Fayetteville has utilized Granicus, Inc, since 2012 to provide software to put together the City Council Agendas, provide video streaming and playback services for these City Council meetings, and provide voting management services for City Council meetings; and WHEREAS, because significant expenditures of the city staff time, effort and expense have been required to master the Granicus software and systems, it is not feasible nor economical to change suppliers for these tasks at this time. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: ectics I. That the City Council of the City of Fayetteville, Arkansas hereby determines that the facts shown above established that -an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract with Granicus, Inc, in the amount of $42,765.06 for managed legislative and voting services and video strearning services for 2017 with four possible annual renewals with a 3% cost increase each year. PASSED and APPROVED on 3/7/2017 Page 9 Printed on Xg/l7 Ordinance: 5955 File Number, 201%0190 Attests Sondra E, Smith, City Clerky I T'f •`�. .mac .•' CITY®•�'! l z Page 2 Prfnied on 318117 l City of Fayetteville, Arkansas 113West Mountain Street Fayetteville, AR 72701 t (479) 575-6323 Text File File Number, 20170110 Agenda Date: 317/2017 Version: 1 Status Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C, 1 GRANICUS, INCORPORATED: AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAI, COMPETITIVE BIDDING AND APPROVE A ONE-YEAR CONTRACT WITH. GRANICUS, INCORPORATED IN THE AMOUNT OF $42,765.06 FOR 2017 WITH FOUR POSSIBLE ANNUAL RENEWALS WITH A 3% COST INCREASE EACH YEAR WHEREAS, the City of Fayetteville has utilized Granicus, Inc. since 2012 to provide software to put together the City Council Agendas, provide video streaming and playback services for these City Council meetings, and provide voting management services for City Council meetings; and WHEREAS, because significant expenditures of the city staff time, effort and expense have been required to master the Granicus software and systems, it is not feasible not economical to change suppliers for these tasks at this time. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby determines that the facts shown above established that an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a contract with Granicus, Inc. in the amount of $42,765.06 for managed legislative and voting services and video streaming services for 2017 with four possible annual renewals with a 3% cost increase each year. City of Fayetteville, Arkansas Page i Printed on 31812017 Doug Bankston Submitted By il City of Fayetteville Staff Review Form 017_ G'J 10 Legistar File ID 3/7/17 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/15/17 Media Services / Communications & Marketing Department Submitted Date Division / Department Action Recommendation: Approve a contract renewal with Granicus, Inc. for managed legislative, video streaming and voting services and hardware. Budget Impact: 1010.060.0600-5315.00 GL --Contract Services Account Number Fund NA NA Project Number Budgeted Item? Yes Current Budget Funds Obligated Current Balance Does item have a cost? Y(r s Item Cost Budget Adjustment Attached? NA Budget Adjustment # Remaining Budget Previous Ordinance or Resolution 4 Ord 5556 Original Contract Number: Comments Project Title $ l Approval Date: 42,765.06 42,765.06 i 42,765.06 vzorav ;o CITY OF j ayp p1 —, r. ARKI e ANSAS TO: Mayor Jordan THRU: Susan Norton, Communications Director Don Marr, Chief of Staff FROM: Doug Bankston, Media Services Director DATE: February 15, 2016 STAFF MEMO SUBJECT: Approve a Contract Renewal with Granicus, Inc. for Legislative, Video Streaming and Voting Managed Services RECOMMENDATION: Staff recommends approving an updated contract with Granicus, Inc. to continue monthly managed legislative, video streaming and voting services. BACKGROUND: The original contract, signed in 2012 with renewals for a four-year term, has expired. The original contract covered the services of: Legistar and hardware and the Open Platform, Government Transparency and Meeting Efficiency Suites. DISCUSSION: The new contract with Granicus has renewals for a four-year term and has been updated to reflect new services and changes in hardware that the City has added during the 2012-2016 term. These services include: Basic service; Open Platform, Government Transparency and Meeting Efficiency and its associated managed hardware; Legislative Management Suite; Granicus Encoding Appliance software and high-definition 720p streaming upgrade; and the VoteCast Classic Package with hardware. These serve as the backbone of the City Clerk and City Council's agenda and meeting management, tracking, recording and archiving, as well as serve as the staff and public's interface with archived video -recorded meetings. BUDGET/STAFF IMPACT: Total for services for 2017 is $42,765.06. This has been budgeted for in the 2017 budget that was approved by City Council. Contract calls for a yearly renewal for a period of four years with a three percent cost increase each year. Attachments: Staff Review Form, Staff Review Memo, Contract, Invoice Mailing Address: 113 w: Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 GRANICUS, INC. SERVICE AGI�EEMEN'r TI%IS SERVICE AGREEMENT (the "Agreement"), dated as of February 9, 2017 (the "l ffective llrrtc"), is entcre4 intoI be,tween GraniCLIS, Inc, ("Granicus"), a California Corpa ration, and 1.17 ;7 _ - (the "Client"), Additional definitions of capitarlizcd tc rns used la •rein are set forth in Section 12 hereof. A. WHEREAS, Granicus is in the business of developing, licensing, and offering for sale various streaming rraedia solutions specializing in Internet broadcasting, and related support services; and B. WHEREAS, Granicus desires to provide and Client desires to continue with Client's existing solution as described in the Current Solution document, which is attached as Exhibit A, and incorporated herein by reference, (iii) engage Granicus to integrate its Granicus Software onto the Client Website, (iii) use the Granicus Software subject to the terms and conditions set forth in this Agreement, and (iv) contract with Granicus to administerthe Granicus Solution through the Managed Services set forth in Exhibit A. NOW, TTIFREFORF, in consideration of the foregoing and the mutual agreements, covenants, representations,- and warranties herein contained, the parties hereto agree as follows, GRANIGUS S01-7WAREs AND MANAGE© SERVICES, 1.1 Softwaro and Service-,. Subject to the terms and conditions of this Agreement, Granicus will provide Client with the Granicus Software, and Managed Services that comprise the Granicus Solution 1s outlined in Exhibit A. Managed Services shall mean the services provided by Granicus to Client as detailed in Exhibit A. Managed Services Fee shall mean the monthly cost of the Managed Services, as detailed in I: ribi 2. - Gi I" O.l{ LICE.NSE. 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 Client with a revocable, non -transferable kind non- exclusive license to access the Granicus Software listed in the proposal and a revocable, non- sublicensable, non -•transferable and non-exclusive right to use the Granicus Software, All Grameus Software is proprietary to Granicus and protected by intellectual property laws and international intelloctual property tl'Catia9. PUrsurant to this Agreement, Client may use the. Granicus Software to perform its own work, including Client's work with its customers/constituents. Cancellation of the Client's Managed Services will also result in the immediate tennination of the Client's Software license as described in Section 2,2 hereof. 2.3 LinulCd WArriFtyr; LXCILO&C 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 the functionality and futures as described in the Proposal for as long as the Client pays for and receives Managed services. Client's sole and exclusive remedy GRANICUS, INC. Simvrct;Acrrtr_r urNr l Version 6.1 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 con -out or replace the defective Granicus Software. Client agrees to comply with Granicus' reasonableinstructions with respect to the alleged defective Granicus Software. 2.4 Limitations, Except forthe license in Section 2.2, Granicus retains all ownership and proprietary rights in and to the Granicus Software, and Client is not permitted, and will not assist or perinit a third party, to: (a) utilize the Granicus Software in the capacity of a service 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, i» or outside itsjurisdiction, to use the, Granicus Software, or copies thereof, except as expressly outlined in the Proposal. PAYMENT OF I -FE''• 3.1 Client agrees to pay all fees, costs and other amounts as outlined in the Proposal in Exhibit A, 3.2 Ditty percent (50%) of all up -front fees for all products are due upon Granicus' receipt of an executed agreement or purchase order, as appropriate, The remaining fifty percent (50%) of up -front fees for each product are due upon delivery of the respective product. 3.3 Annual billing for Managed Services for associated products shall begin upon• completion of delivery as defined under Section 3.4 helow. Client shall be invoiced for a ttivelve (1'2) month period commencing upon delivery of the configured product(s). Thereafter, Client will be billed annually in advance. Client agrees to pay all invoices from Granicus within thirty (30) days of receipt of invoice. Client acknowledges that products may be delivered and fully operational separate fi•orn the other purchased products. 3.4 For Granicus Hardware, delivery is complete once the Client receives Hardware components with the configured Granicus Software. For Granicus Software, delivery is complete once the Soffivare is installed, configured, tested and deemed by Granicus to be ready for Client's use; irrespective of any training sbrvices provided to Client by Granicus: Upon Granicus Hardware and/or Software delivery, Client will have fiftccn (1.5) days to notify Granicus of any issues or problems. if Client notifies Granicus within such fifteen (15) day period of issues or problems, Granicus will promptly work to fix those issues or problems. 3,5 Granicus, file. shall solid all invoices to: Name: Doug Bankston Title: Director of Media Services Address: 141 W. Rock St., Fayetteville, AR 72701 Email: dbankston(t7fayetteville-angov 3.6 Upon each yearly anniversary during the term of this Agreement (including both tile initial teen and all renewal terms), the Granicus Managed Service Fees shall automatically increase .From the previous Managed Service lees by three (3) percent per annum. GRAMUS, INC. Smvrcr. Acm-i M INT 2 Version 6.1 3.7 Trairting Lisage i'nlicies. Granicus has established best practice training plans around success with Granicus services, and Clients are encouraged to take advantage. of all purchased training up -front in order to achieve the maxirxzurn amount of success with their services. All purchased training must be completed within ninety (90) clays of the date of the project kickoff call. .Any purchased training not used during this ninety (90) day period will expire. If Client feels that it is necessary to obtain more training after, the initial ninety (90) day period, Client may purchase additional training at that time, 3.8 Trai#rirtp, QanceIlatintt_Pnl.icies, Granicus' policies on Client cancellation of scheduled trainings are as follows: (a) Onsite Trainin *, For any cancellations within forty-eight (48) hours of the scheduled onsite training, Granicus, at its sole discretion, may invoice the Client for one hundred (100) percent of the purchased training costs and all travel expenses, including any incurred third party cancellation fees. Subsequent training will need to be purchased and scheduled at the previously quoted pricing. (b) UnIinc_Trrinin , For any cancellations within twenty-four (24) hours of the soliednled online training, Granicus, at its sole discretion, may invoice the Client for fifty (50) percent of the purcbased training costs, including anyincurred third party cancellation fees. Subsequent train ing will need to he purchased and scheduled at the previously quoted pricing. 4. CONT N'I'I'ROVIDF '1'C) CsR1�tJIC iJS }.l lees oltsibi.l_i_ty('arCott;'rheClient shall have sole controlandresponsibility over the determination of which data and inforrrration 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 tune 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 Agreern ent, 4.2 Restrict ons. Client 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/spare; (iii) is defarnatory or trade libelous; (iv), is pornographic or obscene, orpromotcs, solicits orcotmpriscs inappropriate,, harassing, abusive, profane, defamatory, libelous, threatening, indecent, vulgar, or otherwise objectionablc or constitutcs rn)tawful conteat or activity; (v) contains any viruses, or any other similar software, data, or lrrograins that may damage, detrimentally interfere with, intercept, or expropriate any system, data, information, or property of' another. 5, liLAi7EM1LRK OVJNFRilIJ1?. Granicus and Client's Trademarks are listed in the. Trademark Information exhibit attached as Exhibit 1). 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 pursuant to Section 5,2 hereof. Upon any termination of this Agreement, each Party's right to use the other Party's Trademarks pursuant to this Section S terminates. 5.2 Each Party grants to the other a non-cxclusive, non -transferable (other than as GRANICUS, INC, SF:ItvicV ACRPU.irNr 3 Version 6.1 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 ilrat any promotional materials containing the other Party's Trademarks shall be subject to the prior written approval of such other Darty, approval of which shall not be unreasonably withheld. j, 1"I"A'1'1ON O LIA'BILIT''Y 6.1 ' armyjy_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, 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 evert of any interruption, Granicus' sole obligation shall be to use commercially reasonable efforts to restore access. 6.2 ami atignijjf I,ittlsili . '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 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 total amount of Managed Services }gees paid by Client udder this Agreement for the one (1) year period prior to the date the claim arose, regardless of the form of the claim (including without limitation, any contract, product liability, or tort claim (including negligence, statutory or otherwise). CONI' II)1;I VIAL IN ORMA'11ON OWNERSHIP, 7,1 Confiilpp alit Ctbli�►iinns. P,ach party agrees to keep confiderrtia.l and not disclose to any third party, and to use only for purposes of performing or as otherwise permitted under this -Agreement, my Confidential Information -of the other Party. 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 sirnilar nature but not less than reasonable measures, Each party agrees not to disclose the Confidential Information to any of its Representatives except these who arc required to have the Confidential Information in connection with this Agreement and then only if such I:epresentative is either subject to a written confidentiality agreement or otherwise subject to fiduciary obligations of confidentiality that cover the confidential treatment of the Confidential 11I.Rvirl atl oil . 7.2 Exec pti«ns. 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 lhrougli 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 reccivirlg party shall (i) if permitted by applicable; law, 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. GiRMNICUS, INC. Stinvucr, Aerisen.rahIr 4 Version 6.1 8. 'EIRM $.1 The term of this Agreement shall commence on the elate hereof and shall continue in full force and effect for twenty-four (24) months after the date hereof, This Agreement shall automatically renew for up to three (3) additional terms of one (1) year each, unless either party notifies the ether in writing at least thirty (30) days prior to such automatin renewal that the party does not wish to renew this Agreement. 8.2 Rigl1'.§—'—JPoOL1LCrftai atrli rl Upon any expiration or termination of this .Agreement, and unless otherwise expressly provided in an exhibit to this Agreement: (a) Client's right to access or use the: Granicus Solution, including Granicus Software, terminates and Granicus has no further obligation to provide any services; (b) ' Client shall immediately return the Granicus Software and all copies thereof to Granicus, and within thirty (30) days of tennination, Client shall deliver a written certification to Granicus certifying that it no longer has custody of any copies of the Granicus Software. (c) Client shall refea to 1xhiE�tt_la_ f'orthe four (4) termination/expiration options available; regarding Content. R.3n Il , (iorv; upon Termination. Upon any termination of this Agreement, (a) • the parties shall remain responsible far any paytnents that have became due and owing; up to the effective date of termination; (b) • the provisions of 2, 1, 2.4, 3, 4, 5, 6, 7, 8.2, 11, and 12 of the Agreement, and applicable provisions of the exhibits intended to survive, shall survive termination of this Agreametrt and continue in full fierce and effect; (c) pursuant to the termination or expiration options regarding Content as sept forth on l:x iql JC�, Granicus shall allose the Client Jimit6d access to the Client's Content, including, but trot limited to, all video recordings, timestanips, indices, and cross-fefererteed docutnentatzon. The Client shall also have the option to order hard copies of the Content in (lie farm 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. t ATFINT {"f3l'1'1tJu._frr AND TRADE SECRI''T` 1Nf?'Rt,,114G}1MEi�1 9,l Granicus' Optiolm If the Granicus Soltware becomes, or in Granicus' opinion is likely to become, the sobject of all infringement Atim, Granicus may, at its option and sole discretion, (i) obtain for Client the right to continue to use the Granicus Software as provided ill this Agreement; (ii) replace the Granicus Software with another software produel that provides similar functionality; or (iii) ifGranicus determines that neither of the foregoing options are reasonably available, Granicus may terminate this Agreement and refund any prepaid fees to,) Client for which it has not received the scr'vrces. GRAmcus, imc. smvrcE AoRr`•E m 5 version 6.1 10. II1Tl's1tLOC'AL AGRREMENT 10,1 This Agreement pray be extended for use by other municipalities, school districts and governmental agencies upon execution of an addcndunr or other signed writing setting forth all of the terms and conditions for such use, including the products and services and fees applicable thereto. Any such usage by other entities must he in accordance with the City Code, Charter and/or procurement rules and regulations of the respective governmental entity. 11. i!1fS+CELLAi EOUS. 11.1 Aniqp1gletyt and Waiver. This Agreement may be amended, modified, waived or 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. 11.2 Governing LAA, The laws of the State of Arkansas shall govern the validity, construction, anti performance of this Agreement, without regard to its conflict of law principles and venue for any action shall be in th.e Circuit Court of Washington County, Arkansas. 1.1.3 Constmetion and Severabilit . 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 reforined only to the extent necessary to make the provision legal and enforceable; all remaining provisions continue in full force and effect, 11.4 _lit -de,peittlent Contrrtctors. The patties are independent contractors, and .no other relationship is intended by this Agreement. 11.5 Farce Maletiro. 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 hinitation acts of Clod; government regulations, shortage of supplies, act of war, act of terrorism, earthquake, or electrical, internet or telecoinintin] cations outage. 11.6 Closed C_aptiotaing,Ser_vices. Client and Granicus may agree that a third party will provide closed captioning or transcription services trotter this Agreement. In such case, Client cxpressly understands that the third party is an independent contractor rand not an agent or employee ofGranicus. Granicns is not liable for acts perfo3rrted by such independent third party, 12. DEFINITIONS, In addition to terms defined elsewhere in this Agrccrnent_, the following terns shall have the meaning specified: 12.1 "Confidential information" shall mean all proprietary or confidential information disclosed or rtrade available by either party pursuant to this Agreement, directly or indirectly, in any manner whatsoever (including without limitation, in writing, orally, electronically, or by inspection), 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), providers, however, that Confidential Information shalt not include the Content that is to be published on the Client Wobsite. Gf€ANICus, INC, 5ai<vrcr; AGREEMENT 6 'Version 6.1 12.2 "Content" shall mean any and all, documents, graphics, video, audio, images, sounds and other contentthat is streamed orotherwise transmitted or provided by, or on behalf of, the Client to Granicus. 12.3 "Client Website" shall paean the Client's existing websites. 12.4 "Granious Application Programmatic Interface" shall mean the Granicus interface which is used to add, update, extract, or delete iriforination in MediwMaraager. 12.5 "Granicus Solution" shall mean the Solution detailed in the Proposal, which may include Granicus Software, Installation and Training, Managed Services, and Hardware,, as specified in Lxhibit A. 12.6 "Granicus Software" shall meati all software included with the Granicus Solution as specified in the attached Proposal that inay include but is not limited to: MediaManageO'm (includes Uploader, Software Developrnent Kit, and Podcasting Services), MinutesMaker"m (includes I;iveManager), MobileEncodefrm, VotingSystem"'111 (includes Public Vote Display). 12.7 "Hardware" shall mean the equipment components of the Granicus Solution, as listed in Exhibit A. 12.8 "Managed Services" shall mean the services provided by Granicus to Client for bandwidth usage associated with live and archived Internet streaming, data storage, and Granicus Solution maintenance, upgrades, parts, customer support services, and system monitoring, as detailed in the Proposal attached as Exhibit A, 12.9 "Managed Services Fee" shall mean the moaithly cost of the Managed- Services, as specified in xhihit A. 12.113 "Meeting Body" sliall mean a unique hoard, commission, agency, or council body comprised of appointed or elected officials that meet in a public capacity with the objective of performing decisions through a democratic voting process (typically following Robert's Rules of Order). Two or more Meeting Bodies may be comprised of some or all of the same members or officials but may still be considered separate and unique Meeting Bodies at Granicus' stile discretion. For example, committees, subcominittees, city councils, planning cornmissions, parks and recreation departments, boards of supervisors, school boards/districts, and redevelopment agencies may be considcred separate and unique, individual Meeting Bodies at Granicus' sole discretion. 12.11 "Proposal" shall inean the document where the Granicus Solution that is the object of this Agreement is described along with pricing and training information. 12,12 "Representatives" shall mean the officers, directors, employees, agents, attorneys, accountants, financial advisors and other representatives of a party. 12,13 "'T'rademarks" shall mean all trademarks, trade names and logos of Granicus and C ictit that are listed on Exhibit attached Hereto, and any other trademarks, trade names and logos that Granicus or Client may specify in writing to the other party from time to time. GRANiCUS, INC, SERt'ICHAG"REEMENT 7 Version 6.1 This Agreement consists of this Agreement as well as the following exhibits, which are incorporated heroin by reference as indicated: Exhibit A: Current Solution Exhibit 13: Support Information Exhibit C: Hardware Exhibit E-xhibitD: 'rTademarklnformatlon Exhibit .E: Termination or Expiration Options Regarding Content W WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, GRANICUS, INC. By: - Jason lcMier Its: Chief Operating t:11'Ccer Address, 17'11 Street, Suite 41000 Denver, CO 80202 f'AYET1'IaWME, A By: Its, _May -or . -- Address: 113 ."Itaiu Street Fayetteville, AR 72701 �_ '7.1i ,, ���1•-t�'^-- L��SiS1I1T11/,�f 11K 1 Sondra Smith, City Clerk -Treasurer a,�✓` l����� ,•',.'fir. lO lF� 4 ,+,,t�` GRANIc us, INc. 5Ekvicr AokmMFNT 9 vc; sion 6.1 EXIRBIT A CURRENT SOLUTION The. current Granicus solutions used by Fayetteville, AR include .w. Below are paid monthly: Semi -Annual ly M a Month anaged Services: k3asie o Monthly Managed Services: Open Platform., Government Transparency, Meeting; Efficiency, Managed Hardware o Monthly Managed Services: Legislative Management Suite o Monthly Managed Service: Upgrade to SDI 720p Streaming o Monthly Managed Service: Granicus Encoding Appliance Software • Monthly Managed Service: V'oteCast Classic Package with Hardware 0 10% promotion expires 313111.7 CLIENT pays the following monthly managed service fee: January -March 2017: $3479.38 = $10,438.14 Quarterly) April -December 2017: $3591.88 = $10,775.64 Quarterly) [The remainder of this page is left blank intentionally.] ORANicus, Ixe. SERvicH AGRrEwNT 9 version 6 CXIIIBIT 13 SUPPORT INFOI%NIATIOv 1. Cclnt_act Infnrntttlien. The support staff at Granicus may be contacted by the Client at its (nailing address, general and support -only telephone numbers, and via c -mail 02' the Internet. (a) Mailitt�. fltldcs�. Mail may be serit to the support staff at Granicus headquarters, located it 707 17"' Street, Shite 4000, Denver, CO 80202. (b) 'feleahclrieNum�ers. Office staff may be reached from 6:00 AM to 6;00 PM Mountain time at (720) 240-9586 or toll-free at (877) 889-5495. The technical support staff may be reached at (877) 899-5495 ext. 1. (c) Internet and a mail Contact Information. The website for Granicus is Itttl:liwwwr. ratlicus.cn2�, E -(nail may be sent to the support staff at etrsiornoorftranit usxm. 2. Sup gijti d(qy. When Granicus mceives notification of an issue from Client, Granicus, Tile. customer adve)cale or, teehnicat support engineer will respond witlk slotice that taloy will be actively working to resolve the issue. Granicus, Inc. will make a good faith elfort It, give att assc:ssincaat of 11" issue and an estimated tirne for resolution. Notification shall be the documented time that the Client either calls or e- mails Granicus, Inc. to notify them of an issue or the documented time that Granicus, Inc, notifies Client there is an issue. OrariiGUS reserves the right to modify its support and maintenance policies, as applicable. to its customers and licensees generally, frorn time to time, upon reasonable notice. 3. Se1Aetltiled lMMinlen-ince. 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: Client with at least three (3) days prior notice for any scheduled Inaintcnanca All system maintenance will only be performed during these times, except in the case of an crnc:rgency. In the case that emergency Itlttinteitauce is required, the Client will be provided as much advance notice, il'any, as possible under the circumstances. 4. Solllware I:nhanc_oments_o Modifcat.ic�ns, The Client may, from tinge to time, request that Granicus incorporate certain fCaftlre6; cnlrancements or rnodificatunns ("ivlodifications") into the licensed Granicus Softwtarc. Subject to tile. terms and conditions to this exhibit and the Agreement, Granicus and Client will use cornmercially reasonable efforts to enter into a written scope of work ("SOS"') sitting; forth the Modifications to be done, the tinieline to perform the work and the fees and costs las 1'3e paid by Client for the work. 4.1 Documentati€rpt,. The SOW Will include a detailed requircnents and detailed design document illustrating the complete financial terms that govern the SOW, proposed project slat' ing, anticipated project schedule, and other information relevant to the project. Such Modifications shall become part crthe licensed Granicus Software. 4.2 Ac q tance. Client understands that all work contemplaled by this exhibit is on a "firne-and- Inatcrials" basis tmless othcrwisc stated in the SOW. Delivery of the software co..ottaining the Modifications shall be complete. once such software. is delivered and deemed by Granicus to be ready for Client's use. Clientwili have fifteen (15) days after delivery o.fthe Modifications to notify Granicus GRANIc! S, INC. SERvrG AGRECEMEr•IT 10 Version 6 or any issues or problems. If Cliersr notifies (.iranicus withijr such Fifteen (15) day period of issues or problems, Granicus will promptly work to fix thow issues or problems. 4.3 Title All such Modifications shall be the sole property of the Granicus. 5. L`urtitatinrl of I.i:�l}ility� [:Wlnsiwe IkLmedy. IN TAF EVFNTOF ANY INTE iZRuvr[ON, OR,kNICUS' SOLE OBLIGATION AND CLIENT'S EXC,LUSNF REIMEDY, SHALLRE POR GRANICUS TO JJSE: C.OMMEItCIAI.LY REASONABLY: L'FFWT:S TO RE?„STORE ACCESS As SOON AS REASONABLY POSSIBLE. I ()WICUS, INCSERVicE AGr nm -UNI 11 Version 6 EXHIBIT C IFIARDWARF. EXHIBIT THIS .HARDWARE kXHIBI"I' is entered into by Granicus and Client, as an attachment to the Agreement between Granicus antl Client, for the I hardware ct}ntpnlaellts of the iararlictrs Solution (the "Hardware") provided by Gratricus to Client, This exhibit is an adrlitionad part of the Agreerltcnt and is incorporated therein by referencia. Cmpitalived terms used but not defined in this exhibit have the meanings given in the Agreement. I. Price. The price for the Hardware shall be the price specified in the Proposal. 2- 12clivcl . Any scheduled ship date gtroled is approaimtile and not the essence of this exirihit, Granicus will select the shipment method unless otherwise intillially agreed in writing. Granicus retains title to and ownership of all Granicus Software installed by Granicus on the Hardware, notwithstanding the use of the term "sale" or "Purchase." 3. hccopt pee. Use of the l lardware by Client, its agents, employees or licensees, or the failure by Client tri reject the Flardware within litlecn (15) clays r011owing delivery of the Hardware, constittiles CI ient's accelxiance. Client nlay nnly reject the H,ardwarc it the Ilardware does riot conforin to the applicallIc written specifications. 4. Servics _itGsprtllsc'I'irnc. For hardwam issues requiring; replacement Granicus shall respond to file request madc by the Client within mcilty-roor (24) hours. Rardwar•e service repair or replacelllent will tra;Gtrr within seventy-two (72) flours elf ticterinination of a hardware issue, not including the time it takes for lite par[ to slop and travel to the Client. The Client shall gi-ant Granicus, or its represeniatives access to the equipment for the purpose: orrcpair or replacement at rensonable times. Granicus will keep the Client ir'rfornted regarding; the timufrartie and prog;ress orthe repairs or replace.rnetlt. Once the Hardware is received Client's responsibilities will include: a. Mount serve r on client 1<rr:k f ii applicable) b. L:oilnecting original network cables. c. Connecting oI_iginal audio and video cabltss (if applicable). 5. LIMITATION Olt_ LIAR11,11'Y. GRANICUS SHALL NOT BE LIABLE, FOR C;()NSE�LIEN"r1AL GXI lVIP1,ATtY, TNI]TIi E.CT', SPECIAL, PUNITIVE OR INCIDENTAL L),Aiv%AGf'5 AKISING C"3U T' OI� OR RRLA`PfNC.I TO TF11S EX11113IT INCLUDING w1TLlOLI'1 LIMITATION LOSS OF PROFIT, V11113:I11ER SUCH LIABILITY ARISES UNDER C0NTRAC"f, TORT (.INCIxDING NEGiLlGEN (.,E), STRICTPRODUCsTLIAt3.ILITY OROT1-fR WiSE, EVEN IBGR-ANICUSIIAS B ,P,N ADVISED OF "I'IIE POSSIBILITY 01" SLICII DAMAGE'S OR IF SUC11 DAMAGE COULD I-IAVE BEEN REASONABLY FORESE I -.N.. d. 1•Tardware. M the event of nlalfunetion for 1-lardware provided by Grinicus, t-Iardware will be repaired or replaced as per lila warranty, and as detailed ill this Exhibit. Granicus provide! the ,riat'�ve- mentioned services tender Client's ack now led gincot that ill (iranicus 1001s, and systems will be: iristailed by the rnantlfaatlirer chosen by Oranicti; within the 14ardware, pr'ov'ided to the client, These sortwnre tools have beurl (1101Tied by Grartielrs Iii ,lllotiv the bight st level of service for the client. While it is ( iranlicus, intention to provideall Clients with the sande level orcustomer car'c and warranty, should the Client decline those rccommended tools, certain levels orservice and warranty inay flat guaranteed. 7. Remote Accessibility. Gralticus leverages remote access tools such as Logmein for installation and ongoing maintenance of Granicus software. These tools are designed to provide Granicus technicians with C_',FAPIICUs, INC. SF.FVICn Aulw,[',MENT 12 VcrSion ii necessary information to diagnose and resolve soffwarc problems. Should the Client decide to decline these remote tools, Granicus cannot guarantee optimal level of service due to limited access to Granicus llardware. Client understand that should they decide, to use internal methods of access, such as VPN, Client may need to assist Granicus technicians for remote accessibility during business hours as well as after hours in the event Granicus technicians are unable to access remote Granicus systems. 8. Pun h,ased Hardware Warrant. For Hardware purchased from Granicus by Client, Granicus will provide to Client a three (3) year warranty with respect to the Hardware. Within the three (3) year warranty period, Granicus shall repair or replace any I lardware provided directly frorn Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials. Hardware Warranty shall curnmence on the Effective Urate of the Agreement.. 9. Ilse rat' Nix}-Nmoved1 lnpdwafre. The Granicus platform is designed and rigorously tested based on Granicus-approved Hardware. In order to provide the highest level of support, Granicus requires the use of Granicus-approved Hardware in your solution. While it is Granicus' intention to provide all clients with the same level of customer care and continuous software upgrades, Granicus does not make any guarantees or warranties whatsoever in the event Client uses non -approved hardware. 10. Glierai .Cha n&(L's to, 1,lagL'.Vge PiTnlril)'s_tcd. Client shall not install any sollware or software components that have not been agreed upon in advance between Client and Oran cus technical staff. While: it is Granicus' intention to provide all Clients with the sartne level of customer care, Granicus does not retake any guarantees or warranties whatsoever regarding the Hardware in the event Client violates this provision. OMAN CUS, JNC. -SER. cr ACAMMUNT 13 Version 6 EXHIBIT D TRADEMARK INFORMATION Gr�tai�tr� �te�_rcci �acleLarks iS� 1nc uclec V GRANICUS Grauicus logo as .a mark Gran icuso Legistaro MediaVault' MinutesMaker Mobile Encoder* Outcast Encoder StreatnReplicator* Cirai�icns 'I'r1�3cm7rk Na,�tles T�� Ir�claad Civieldeas", 1Le islate" Insite'" Integrated Public Record" intelligent Routing`"` LinkcdMinutcs' LivcManager ", MediaCenterd" MediaManager "" M ediaVaulf' MeetingMembef' Meetingsei-Ver.", Simulcast Encodcr'"' V oteCast" v"" VoteCast Classic , VOtel".aSt . l ouch l7or an updated list of Granicus registered trademarks, trademarks and servicernarks, please visit: ijrtp:IJwrvw. gran icus. coils /li el la/ l ega l/copyri glt t -Ka racl-trademark/. laent,�1'r_sticu��trlCs GRAMCUS, INC, SowiccAutr,wi-.�+r 14 Version 6 I EXHIBIT E TERMINATION OR EXPIRATION OPTIONS REGARDING CONTENT In case of termination or expiration of the 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/Audio files made available through an external hard drive or FTP site in its raw non-proprietary format. A CSV file will be included providing file name mapping and date. This option shall be provide4 to Client at Granicus' actual cost, which shall not be unreasonable. I • Option 2: Provide the Content via download Froin the application UI. This option shall be provided free of charge and is available anytime. • Option 3: Provide the means to pull the content -using the Granicus Application Programming Interface (API). This option is provided free of charge and is available at anytime. F Option 4: Professional services can be contracted for a tee to customize the retrieval of content from the system. The Client and Granicus shall work together .and snake their best e#forts to transfer the Content within the sixty (60) day termination period. Clranicus has the right to delete Content from its services after sixty (60) days, or whenever transfer of content is completed, whichever is later.. - GRANKAN, tic. SEuvic.RAc;RUMMer-r 15 Version 6 i GRANICU Granicus, Inc. Receivables 720.240-9585 Granicus, Inc. PO Box 49335 San ,lose CA 95151-9335 F;9 -§T -,U= "T 1 Dour) Bankston City of Fayetteville 113 W Mountain St Fayetteville AR 72701-6069 United States Net 3 I 7 RY 1 2017 - DECEMI r � Doug Bankston City of Fayetteville 113 W. Mountain Fayetteville AR 72701 United States 0 1/4/2017 12 Moo I'll y manarted serviC:e: a3 Sic 12 Monthly Misoaged Service: Open Platform Suite, Government transparency Suite, & Meeting Nhoency Suite, Managed Hardware 12Monthly Managed Service: t,eglsl"Itwe Kvlagerrl"t sulte 12 Monthly Maciaged Servrtn_ Upi1ra& to Sl)i 7201) Sireanlnrg 12. Monthly Managed 5zrvice: GrinkCu9 eoroding Appliance Softuvare ((:T) 12 Munitlly Managed Strvice: VoleCa5t Classic Package with I lardware (%iiclsScreen) and McOr,)Manager f rtttrprdse Access 3 Receive iijddo off pUrchn:+C 0( any new Product stute(s) for tho forst yonf.. Proino expires 03/.31/17, 'Please note new remittance address: Granicus, Inc. PO Box 49335 San Jose, CA 95161-9335 Switch to electronic invoicing today! Contact ar@granicus.cofn Invoice 82218 12/5/2016 !,155.73 336.15 700,40 175.00 100.00 1,125.00 -112.50 Invoice stated in USD 13,862.76 4,035,00 � 404.6D 2,100.00 1,200,00 13,500.0(0 -337.50 42,765,06 $42,765.06 NORTHWEST ARKANSAS Democratautte t... I:JX ,` .YT.._ 1.�E A.i�.._;ili.` .i9 -442:r'0' SAX:.•';-S;?`.rii1L� AFFIDAVIT OF PUBLICATION I Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Democrat -Gazette, printed and published in Washington County and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5955 Was inserted in the Regular Edition on: March 16, 2017 Publication Charges: $ 97.50 k'iliO L CaLA� kavgn Caler Subscribed and sworn to before me This Wday of.,#44 , 2017- &Zk W4 Notary Public My Commission Expires: 444614 CAT IY 7!.!1LF3 12397118 u 20, 2024 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED APR 4 3 2017 CITY f1F FAYETTEVILLE C4TY CLERK`S OFFICE Ordinance: $95$ Fila Number: 2017-0110 GRANICUS, INCORPORATED_ AN ORDINANCE TO WAIVE THE REQUIREMENTS OF FORMAL COMPETITIVE BIDDING AND APPROVE A ONE-YEAR CONTRACT WITH GRANICUS, INCORPORATED IN THE AMOUNT OF $42,765.06 170R 2017 WITH FOUR POSSIBLE ANNUAL RENEWALS WITII A 3% COST INCREASE EACH YEAR WHEREAS, the City of Fayetteville has milized Granicus, Inc. since 2012 to provide software to put together the City Council Agendas, provide video streaming and playback services for these City Council mcehngc, and provide voting management services for Ctly Council mcclings; and WHEREAS, because significant expenditures of the city staff time, effort and expense have been required to master Ilia Oiranieus software and systema, it is not feasible nor economical to change suppliers for these tasks at this time, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THF. CITY OF FAYETTEVILLE, ARKANSAS: Section I That the City Council of the City Of Fayetteville, Arkansas hereby determines that the facts shown above established that an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formai competitive bidding and approves a contract with Granicus, Inc. in the amount of $42,765.06 for managed legislative and voting services and video streaming services for 2017 with four possible annual renewals with a 3% cost increase each year. PASSED and APPROVED on :i/712017 Approved: Lioneld Jordan, Mayor Attest: Sondra E. Smith, City Clerk Treasurer 74059452 March 16,2017