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Home My WebLink AboutCivicPlus, LLC/MAC/$7,141/Archivesocial Services/Addendum to Proposal and Agreement APPROVED By Allison Lynch-McGrath at 8:56 am,May 06,2024 ADDENDUM TO PROPOSAL AND AGREEMENT This Addendum is entered into by and between the City of Carmel, Indiana by and through its Marketing and Community Relations Department(the "City") and CivicPlus, LLC, an entity authorized to do business in the State of Indiana("the Vendor"). The purpose of this Addendum is to add and clarify certain terms and conditions set forth in the attached Quote prepared by the Vendor (collectively the "Agreement"). Any inconsistency, conflict, or ambiguity between this Addendum and the Agreement shall be resolved by giving precedence and effect to this Addendum. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Addendum and agrees that its execution of same constitutes its acceptance of all of the Addendum's terms and conditions. 2. TIME AND PERFORMANCE: This Addendum and the Agreement shall become effective as of the last date on which a party hereto executes same ("Effective Date"), and both parties shall thereafter perform their obligations hereunder in a timely manner or as specified in the Agreement. Time is of the essence of this Addendum and the Agreement. 3. NON-DISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, Vendors and sub- Vendors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided under the Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, or disabled veteran status. 4. IRAN CERTIFICATION: Pursuant to I.C. § 5-22-16.5, the Vendor shall certify that, in signing this document, it does not engage in investment activities within the Country of Iran. 5. PAYMENT TERMS: Upon receipt of the invoice as outlined in the Agreement, the City shall pay Vendor for such goods and services within thirty-five (35) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such goods and services are not disputed, are in conformance with the specifications set forth in the Agreement and Vendor has otherwise performed and satisfied all the terms and conditions of this Addendum and the Agreement. All payment and any late payments fees shall be pursuant to Indiana Prompt Payment Statute; Ind. Code § 5-17-5- et al. 6. REQUIRED DISCLOSURE: In addition to any exceptions to disclosing of confidential information listed in the Agreement, the City, upon consulting and providing notice to Vendor, may disclose such confidential information if such disclosure is required by any federal, or state law, or by the order of the court of competent jurisdiction. The City shall not disclose any information that would be deemed proprietary or constitute a trade secret unless ordered so by a court of competent jurisdiction. 1 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten(10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense 8. E-VERIFY: Pursuant to LC. § 22-5-1.7 et seq., as the same may be amended from time to time, and as is incorporated herein by this reference (the"Indiana E-Verify Law"),Vendor is required to enroll in and verify the work eligibility status of its newly-hired employees using the E-Verify program, affirming that it is enrolled and participating in the E-Verify program and does not knowingly employ unauthorized aliens. Vendor shall provide the City with documentation indicating that it has enrolled and is participating in the E-Verify program. Should Vendor subcontract for the performance of any work under and pursuant to this Agreement, it shall fully comply with the Indiana E-Verify Law as regards each such subcontractor. Should the Vendor or any subcontractor violate the Indiana E-Verify law, the City may require a cure of such violation and thereafter, if no timely cure is performed,terminate this Agreement in accordance with either the provisions hereof or those set forth in the Indiana E-Verify Law. The requirements of this paragraph shall not apply should the E-Verify program cease to exist. 9. REQUIRED DISCLOSURE: In addition to any exceptions to disclosing of confidential information referenced in the Agreement, the City, upon consulting and providing notice to Vendor, may disclose such confidential information if such disclosure is required by any federal or state law. The City shall not disclose any information that would be deemed proprietary or constitute a trade secret unless ordered so by a court of competent jurisdiction. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL,INDIANA CivicPlus LLC 7 , ,,,e0u) 114-440, ' Rebecca Carl, Director Authorized Signature Marketing and Community Relations Date: 1 ` L Amy Vikander Printed Name - Senior VP of Customer Success Title FIDITIN: 48-1202104 Date: 5/1/2024 2 Exhibit A cp CivicPlus Order Form 302 South 4th St.Suite 500 Quote#: Q-69544-1 Manhattan, KS 66502 Date: 4/4/2024 8:43 AM US Expires On: 4/14/2024 Client: Bill To: City of Carmel, IN CARMEL, INDIANA SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Carlie Anderson carlie.anderson@civicplus.com Net 30 Discount(s) QTY PRODUCT NAME DESCRIPTION 1.00 ArchiveSocial Year 1 Annual Fee Year 1 Annual Fee Discount Discount One-time(s) QTY PRODUCT NAME DESCRIPTION 1.00 ArchiveSocial Provisioning Fee- ArchiveSocial Account Activation and Setup Standard Recurring Service(s) QTY PRODUCT NAME DESCRIPTION 1.00 ArchiveSocial -Custom Social Media Archiving Subscription - Unlimited Accounts & Up To 3.5k Records Per Month- Includes Risk Management Analytics (RMA)and Web Snapshots List Price- Initial Term Total USD 9,188.00 Total Investment- Initial Term USD 7,141.00 Annual Recurring Services (Subject to Uplift) USD 8,188.00 V. PD 06.01.2015-0048 Page 1 of 3 Initial Term 4/15/2024 -4/14/2025, Renewal Term 4/15 each calendar year Initial Term Invoice Schedule 100% Invoiced upon Acceptance Date Annual Uplift 5% to be applied in year 2 This Order Form sets forth the commercially binding terms of the Client's (as defined above) usage of the ArchiveSocial services (the "Services"). By accepting this Order Form, which may be evidenced by your return of this completed Order Form, written acceptance (e-mail is sufficient), or Client's access and use of the Services, you, on behalf of the Client, are representing that you are authorized to bind the Client listed herein to the pricing and term stated in this Order Form V. PD 06.01.2015-0048 Page 2 of 3 Please note that if you plan to issue a purchase order, we request you include the following language on the front of the PO: ArchiveSocial's maximum liability under this purchase order is limited to the total amount of fees received during the 12-month period preceding the event giving rise to the liability, except that such limitation of liability will not apply to ArchiveSocial's indemnification for intellectual property infringement or personal injury. Organization Legal Name: Billing Contact: Title: Billing Phone Number: Billing Email: Billing Address: Mailing Address: (If different from above) PO Number: (Info needed on Invoice (PO or Job#) if required) V. PD 06.01.2015-0048 Page 3 of 3 INDIANA RETAIL TAX EXEMPT Page 1 of 1 ci:itCity ®f Carmel CERTIFICATE NO.003120155 002 0 PURCHASE ORDER NUMBER FEDERAL EXCISE TAX EXEMPT 111104 ONE CIVIC SQUARE 35-6000972 THIS NUMBER MUST APPEAR ON INVOICES,AIP CARMEL, INDIANA 46032-2584 VOUCHER,DELIVERY MEMO,PACKING SLIPS, SHIPPING LABELS AND ANY CORRESPONDENCE FORM APPROVED BY STATE BOARD OF ACCOUNTS FOR CITY OF CARMEL-1997 PURCHASE ORDER DATE DATE REQUIRED REQUISITION NO. VENDOR NO. DESCRIPTION 4/10/2024 377770 ARCHIVESOCIAL SERVICES CIVICPLUS LLC COMMUNITY RELATIONS VENDOR PO BOX 737311 SHIP 1 CIVIC SQ TO Carmel, IN 46032- DALLAS,TX 75373--7311 PURCHASE ID BLANKET CONTRACT PAYMENT TERMS FREIGHT 86499 QUANTITY UNIT OF MEASURE DESCRIPTION UNIT PRICE EXTENSION Department: 1203 Fund: 101 General Fund Account: 43-552.00 1 Each ARCHIVESOCIAL SERVICES $7,141.00 $7,141.00 Sub Total $7,141.00 of C ICI N ■ M s s a S ■ M Send Invoice To: COMMUNITY RELATIONS 1 Civic Square IA1ID Carmel, IN 46032- PLEASE INVOICE IN DUPLICATE DEPARTMENT ACCOUNT PROJECT PROJECT ACCOUNT AMOUNT PAYMENT $7,141.00 SHIPPING INSTRUCTIONS *AIP VOUCHER CANNOT BE APPROVED FOR PAYMENT UNLESS THE P.O. NUMBER IS MADE A PART OF THE VOUCHER AND EVERY INVOICE AND VOUCHER HAS THE PROPER SWORN 'SHIP PREPAID. AFFIDAVIT ATTACHED. I HEREBY CERTIFY THAT THERE IS AN UNOBLIGATED BALANCE IN 'C.O.D.SHIPMENT CANNOT BE ACCEPTED. THIS APPROPRIATION SUFFICIENT TO PAY FOR THE ABOVE ORDER. 'PURCHASE ORDER NUMBER MUST APPEAR ON ALL SHIPPING LABEL 'THIS ORDER ISSUED IN COMPLIANCE WITH CHAPTER 99,ACTS 1945 A AND ACTS AMENDATORY THEREOF AND SUPPLEMENT THERETO. ORDERED BY Rebecca Carl James Crider TITLE Director Chief of Staff CONTROL NO. 111104 CONTROLLER