HomeMy WebLinkAboutC2021-028.1 CitizenServe - signed1
Contract No. 2021-028.1
FIRST AMENDMENT
TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
ONLINE SOLUTIONS, LLC
DBA
CITIZENSERVE
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this
“First Amendment”) is entered into upon execution, between the Town of Fountain Hills, an
Arizona municipal corporation (the “Town”) and Online Solutions, LLC, DBA CitizenServe, a(n)
Nevada limited liability company (the “Consultant”).
RECITALS
A. The Town and the Consultant entered into a Professional Services Agreement (the
“Agreement”), dated January 5, 2021, for the Consultant to provide an electronic permitting
system to include on-line plan submittal, electronic plan review, and remote logging of
inspections (the “Services”). All capitalized terms not otherwise defined in this First
Amendment have the same meanings as contained in the Agreement.
B. The Town has determined that it is necessary to increase funds and add to the scope
of the Agreement with the Consultant for the Services.
C. The Town and the Consultant desire to enter this First Amendment to amend the
Agreement to (i) add to the scope of the Agreement and (ii) provide for compensation to the
Consultant for the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which
are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the Town and the Consultant hereby agree as follows:
1. Compensation. The Town shall pay Consultant an amount not to exceed
$196,599.01 for the Services, resulting in an increase of $89,600. The aggregate amount per
renewal term shall not exceed $50,000 in any case unless the Agreement is affirmed and ratified
via an executed amendment. All remaining terms and conditions of the Agreement shall remain in
full force and effect.
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2. EXHIBIT C is hereby replaced by Exhibit C-1 for services as of January 1, 2024
and is incorporated by this reference.
3. Notices and Requests. Any notice or other communication required or permitted
to be given under this Agreement shall be in writing and shall be deemed to have been duly given
if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered
or certified, return receipt requested, to the address set forth below or (C) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Rachael Goodwin Town Manager
With copy to: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Attn: Aaron D. Arnson, Town Attorney
If to Consultant: Online Solutions, LLC dba CitizenServe
1101 E. Warner Rd, Suite 160
Tempe, Arizona 85260
Attn: Ray Barker
or at such other address, and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (C) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following business day. If
a copy of a notice is also given to a party’s counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
4. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified
and, except as expressly modified herein, all terms and conditions of the Agreement shall remain
in full force and effect.
5. Non-Default. By executing this First Amendment, the Consultant affirmatively
asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to
this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all
claims, known and unknown, relating to the Agreement and existing on or before the date of this
First Amendment are forever waived.
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6. Israel. Consultant certifies that it is not currently engaged in, and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz.
Rev. Stat. § 35-393, of Israel.
7. China. Pursuant to and in compliance with A.R.S. § 35-394, Vendor hereby agrees
and certifies that it does not currently, and agrees for the duration of this Agreement that Vendor
will not, use: (1) the forced labor of ethnic Uyghurs in the People’s Republic of China; (2) any
goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of
China; or (3) any contractors, subcontractors or suppliers that use the forced labor or any goods or
services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China. Vendor
also hereby agrees to indemnify and hold harmless the Town, its officials, employees, and agents
from any claims or causes of action relating to the Town’s action based upon reliance upon this
representation, including the payment of all costs and attorney fees incurred by the Town in
defending such as action.
8. Conflict of Interest. This First Amendment and the Agreement may be cancelled
by the Town pursuant to Ariz. Rev. Stat. § 38-511.
[SIGNATURES ON FOLLOWING PAGES]
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ATTESTED TO:
_______________________________
Linda G. Mendenhall, Town Clerk
APPROVED AS TO FORM:
________________________________
Aaron D. Arnson, Town Attorney
“Town”
TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
FOR THE TOWN OF FOUNTAIN HILLS:
____________________________________
Rachael Goodwin, Town Manager
FOR THE CONTRACTOR:
By:
Name
Title: ______________________________
Jim Garvey (Feb 22, 2024 11:06 MST)
Jim Garvey
Jim Garvey
Manager
Aaron Arnson (Feb 27, 2024 20:16 MST)
Aaron Arnson
Rachael Goodwin (Feb 28, 2024 07:35 MST)
Rachael Goodwin
EXHIBIT C-1
TO
COOPERATIVE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
Online Solutions, LLC (DBA Citizenserve),
[Fee Schedule]
See following pages.
Exhibit C
citizenserve e-government software
www.citizenserve.com
1.800.325.9818
All rights reserved. Confidential.
Account Name: Town of Fountain Hills, Arizona
Term: Components to be Implemented:
Billing Cycle: Annual
Initial Term: 01/01/2021 – 12/31/2021
Renewal Term 1: 01/01/2022 – 12/31/2022
Renewal Term 2: 01/01/2023 – 12/31/2023
Renewal Term 3: 01/01/2024 – 12/31/2024
Renewal Term 4: 01/01/2025 – 12/31/2025
Building Permits
Planning and Zoning
Code Enforcement
Citizen Access Pages
Fees:
Initial Term: 01/01/2021 – 12/31/2021
15 User Subscriptions $1,800 per named user per year $27,000.00
Setup, Training and Implementation $1,200 per named user $18,000.00
System Integration Maricopa County Assessor’s Database
Fountain Hills GIS
Bluebeam
Authorize.Net Payment Processor
Munis Financial Daily Batch File (Payments)
JSON Reports for Consumption by GIS
$5,000.00
$5,000.00
$3,000.00
$0.00
$0.00
$0.00
Initial Term Fees $58,000.00
Renewal Term 1: 01/01/2022 – 12/31/2022
15 User Subscriptions $1,800 per named user per year $27,000.00
1 Prorated User Subscription (05/02/2022 – 12/31/2022)@$1,800 $1,199.01
Renewal Term 1 Fees $28,199.01
Renewal Term 2: 01/01/2023 – 12/312023
16 User Subscriptions $1,800 per named user per year $28,800.00
Renewal Term 2 Fees $28,800.00
Renewal Term 3: 01/01/2024 – 12/31/2024
21 User Subscriptions $1,800 per named user per year $37,800.00
Setup, Training and Implementation $1,200 per named user Code Enforcement $6,000.00
Renewal Term 3 Fees $43,800.00
Renewal Term 4: 01/01/2025 – 12/31/2025
21 User Subscriptions $1,800 per named user per year $37,800.00
Renewal Term 4 Fees $37,800.00
Total Fees $196,599.01