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HomeMy WebLinkAboutImage Trend - Fountain Hills Fire Department (AZ) - Direct Messaging Connection Fee_encrypted_ - signed 1 SOFTWARE OR SERVICES AGREEMENT AMENDMENT Contract Details Original Contract Number (“Original Contract”) 00007811.0 Amendment Contract Number 00008496.0 This Agreement (hereinafter referred to as this “Agreement”) is made as of the date executed by the last of the parties named below: BETWEEN: ImageTrend, LLC, Minnesota corporation (hereinafter “ImageTrend”) AND: Fountain Hills Fire Department (hereinafter “Client”). The Client and ImageTrend mutually agree to the following changes to the Original Contract between Fountain Hills Fire Department and ImageTrend, LLC. 1. The purpose of this Amendment is for Client to modify the Original Contract and Client’s existing product orders and/or add new product items as outlined below in the Price Sheet attachment. 2. This Amendment is coterminous with the Original Contract. The Original Contract’s term remains the same. All other terms and conditions remain the same. IN WITNESS WHEREOF: the undersigned parties, each having authority to bind their respective organizations, hereby agree. Client ImageTrend Signature:{{*Sig1_es_:signer1:signature}} Signature: {{*Sig2_es_:signer2:signature:prefill}} Print Name: {{*N1_es_:signer1:fullname}} Print Name: {{*N2_es_:signer2:fullname:prefill}} Title: {{*Ttl1_es_:signer1:title}} Title: {{*Ttl2_es_:signer2:title:prefill}} Date: {{*Dte1_es_:signer1:date}} Date: {{*Dte1_es_:signer2:date:prefill}} Rachael Goodwin (Jan 25, 2024 09:19 MST) Rachael Goodwin Rachael Goodwin Town Manager 01/25/2024 Town Clerk 2 PRICE SHEET AND WORK ORDER ATTACHMENT The prices below are based on the following SaaS transaction volumes, as provided by Client: 1,500 Incidents annually One Time Fees Description SKU Unit Price Qty Extended Amount Direct Messaging Connection Fee - Per Agency Connection ELT.002.010.029 $200.00 2 $400.00 Total One-Time Fees: $400.00 TOTAL YEAR 1: $400.00 Send Invoices To: John Krajnak jkrajnak@fountainhillsaz.gov 16426 E. Palisades Fountain Hills, AZ 85268 Payment Terms: 1. “One Time Fees” are due once upon contract signature. 2. ImageTrend may temporarily suspend performance (e.g. cease to provide access, hosting, support) due to Client’s breach of contract provided Client shall have 30 days to cure such breach before ImageTrend may suspend performance. 3. ImageTrend may charge to Client a late fee of 1.5% per month, or the highest rate allowed under the law, whichever is lower, on any overdue amounts. Client also agrees ImageTrend may charge to Client all reasonable costs and expenses of collection, including attorneys' fees where, in ImageTrend’s discretion, payments are consistently deficient or late. 4. ImageTrend will not be responsible for third-party fees related to this Agreement unless specifically outlined by this Agreement. 3 DATA EXCHANGE AUTHORIZATION Between the Parties to this Agreement with Client as “Data Controller” Whereas; ImageTrend is a provider of data management services and a current Business Associate to the Data Controller and; Whereas; the Data Controller wishes ImageTrend to exchange certain ePHI data from and to the Data Controller’s System, in ImageTrend’s capacity as a Business Associate Data Exchange Purpose The purpose of this Data Exchange Authorization is to exchange Data Controller’s data in accordance with the table below that lists the data exchange work items to be fulfilled by ImageTrend (“the Identified Data Exchanges”). It is Data Controllers sole obligation to ensure the “Destination” column is accurate. ImageTrend will fulfill and exchange data with the listed Destination party, and will not deviate from the identified destination unless ImageTrend is directed otherwise in writing by Data Controller. Notwithstanding any term to the contrary, ImageTrend shall not be liable in any manner for sending or receiving data as outlined below; Data Controller assumes all risk for the data source(s) and destination(s) identified below. Description Quote Description Data Source Data Destination Direct Messaging Connection Fee - Per Agency Connection ImageTrend, LLC at Lakeville, MN Kno2 Authorization. Data Controller hereby authorizes ImageTrend to transmit, import, and/or disclose in accordance with the Identified Data Exchanges, and to transmit, import and/or disclose other data reasonably necessary to achieve the purpose of each work line item outlined in the table above. This Agreement modifies any prior agreements of the parties only to the extent necessary to effect this agreement, and does not otherwise change the terms of any prior agreements between the parties. Right to Revoke or Terminate. Data Controller may terminate or revoke the right to transmit or disclose data granted to ImageTrend by this Agreement at any time by providing reasonable written notice to ImageTrend and providing a commercially reasonable period of time in which to effect the termination. 4 The Parties hereby agree to this Data Exchange Authorization: IN WITNESS WHEREOF: the undersigned parties, each having authority to bind their respective organizations, hereby agree. Client ImageTrend Signature:{{*Sig1_es_:signer1:signature}} Signature: {{*Sig2_es_:signer2:signature:prefill}} Print Name: {{*N1_es_:signer1:fullname}} Print Name: {{*N2_es_:signer2:fullname:prefill}} Title: {{*Ttl1_es_:signer1:title}} Title: {{*Ttl2_es_:signer2:title:prefill}} Date: {{*Dte1_es_:signer1:date}} Date: {{*Dte1_es_:signer2:date:prefill}}