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HomeMy WebLinkAboutReso 25-21 Approving a First Amendment to the Agreement Between the City of Dublin and CivicPlus Reso. No. 25-21, Item 4.4, Adopted 04/06/2021 Page 1 of 2 RESOLUTION NO. 25 - 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH CIVICPLUS WHEREAS, on January 22, 2021, the City Manager executed an agreement with CivicPlus, the City’s current service provider of web content management, for the SeeClickFix software to enhance citizen interaction with the City; and WHEREAS, the agreement has a not-to-exceed cost of $42,500 and a one-year term expiring in January 2022; and WHEREAS, during implementation of the SeeClickFix software, CivicPlus agreed upon the City’s request to incorporate past year data into the new database and provide single-sign- on capability, which will increase the agreement cost by $3,565.33 for a total of $46,065.33; and WHEREAS, the City’s Municipal Code requires City Council approval of, and a competitive bidding process conducted for, purchases greater than $45,000; and WHEREAS, Section 2.36.100(B)(4) of the Dublin Municipal Code allows for an exception to the competitive bidding process “When a contract or purchase involves goods of a technical nature” and the “Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the city’s needs at the lowest cost”; and WHEREAS, Staff reviewed several similar products and found that SeeClickFix best matches the City’s needs regarding the user experience and data reporting and seamlessly integrates with other City processes; and WHEREAS, in addition to the increased services, the City desires to provide for automatic renewals of the SeeClickFix services, with an annual increase cap of 5%. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to Consulting Services Agreement Between the City of Dublin and CivicPlus, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of April 2021, by the following vote: AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez NOES: ABSENT: ABSTAIN: Reso. No. 25-21, Item 4.4, Adopted 04/06/21 Page 2 of 2 ______________________________ Mayor ATTEST: _________________________________ City Clerk Page 1 of 3 FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND CIVICPLUS WHEREAS, on January 22, 2021, the City of Dublin (hereinafter referred to as "CITY") and CIVICPLUS (hereinafter referred to as "CONSULTANT") entered into a Consulting Services Agreement for SeeClickFix services (hereinafter referred to as the “AGREEMENT”); and WHEREAS, the compensation for the AGREEMENT was approved at a sum not-to- exceed $42,500 and is set to expire on January 22, 2022; and WHEREAS, the CITY and CONSULTANT now wish to amend the AGREEMENT to add EXHIBIT A.1 to include extra features, to increase the compensation payable to the CONSULTANT, and to provide for automatic annual renewal terms. NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby acknowledged, the AGREEMENT is amended as follows: 1)Section 1.1 shall be rescinded in its entirety and replaced with the following: Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on January 21, 2022 (“Initial Term”), and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is renewed as provided for herein, or is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8. In the event that neither party gives 90 days’ notice to terminate prior to the end of the Initial Term or any subsequent Renewal Term, this Agreement will automatically renew for another one-year term (“Renewal Term”). The Initial Term and any Renewal Term(s) are collectively referred to herein as the “Term.” Renewal Terms are subject to availability and appropriation of funds for renewal in each subsequent year. None of the foregoing shall affect the City’s right to terminate the Agreement as provided for in Section 8. 2) Section 2 shall be rescinded in its entirety and replaced with the following: COMPENSATION. For the Initial Term, City hereby agrees to pay Consultant a sum not to exceed Forty Six Thousand Sixty Five dollars and Thirty Three cents ($46,065.33) (“not-to-exceed amount”). Thereafter, for each subsequent Renewal Term, if any, City shall pay Consultant, a sum not to exceed 5% above the not-to- Page 2 of 3 exceed amount payable in the immediately prior Term, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 3) Paragraph 10.12 Integration shall be amended to include EXHIBIT A.1 and will now read as follows: 10.12 Integration. This Agreement, including Exhibits A and A.1, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 4) Except to the extent inconsistent with this First Amendment, the Parties ratify and confirm all of the terms and conditions of the AGREEMENT. 5) All requisite insurance policies to be maintained by the Consultant pursuant to the Agreement, as may have been amended from time to time, shall include coverage for the amended term, as described above. 6) The individuals executing this Amendment and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment. SIGNATURES ON THE FOLLOWING PAGE Page 3 of 3 IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be executed as of the date of the City Manager’s signature below. CITY OF DUBLIN CIVICPLUS By: _____________________________ By: ________________________________ Linda Smith, City Manager Amy Vikander, Vice President of Client Services Dated: ATTEST: By: _____ Marsha Moore, City Clerk APPROVED AS TO FORM: By: _____________________________ City Attorney 3707840.1 CivicPlus 302 South 4th St. Suite 500 Manhattan, KS 66502 US Quote #:Q-14732-1 Date:2/17/2021 1:01 PM Expires On:5/18/2021 Product:SeeClickFix Client: Dublin CA - SCF Bill To: Dublin CA - SCF SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD Emily Wehling x(785) 789-3490 wehling@civicplus.com Net 30 SeeClickFix - Statement of Work QTY Product Name DESCRIPTION PRODUCT TYPE 1.00 Request Import Import of up to 25,000 requests, includes one batch import to resolve errors, a second import on test environment, and a final import in production. Data must adhere to SCF specifications. Additional batch imports after these 3 will incur additional cost. One-time 1.00 CivicEngage Custom IdP Integration Package Custom IdP Integration Package Custom IdP Integration Annual Fee Custom IdP Integration Implementation Fee Renewable 1.00 CivicEngage Custom IdP Integration Annual Fee Custom IdP Integration Annual Fee Renewable 1.00 CivicEngage Custom IdP Integration Implementation Fee Custom IdP Integration Implementation Fee One-time 1.00 CivicEngage Custom IdP Integration (Secondary) Secondary set up of Custom IdP One-time List Price - Year 1 Total USD 6,065.33 Total Investment - Year 1 USD 3,565.33 Annual Recurring Services - Year 2 USD 1,653.75 Total Days of Quote:339 CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291• Support Ext. 307 • Fax 785-587-8951 Page 1 of 4 1. This Statement of Work ("SOW") shall be subject to the terms and conditions of the Dublin CA - SCF Statement of Work signed by and between the Parties (“the Agreement”). By signing this SOW, Client expressly agrees to the terms and conditions of the Agreement, as though set forth herein. 2. Client will be invoiced for the Total Investment - Year 1 (the sum of one-time costs and a prorated portion of the Annual Recurring Services) upon signing and submission of this SOW. The Annual Recurring Services subscription fee for the Products (as described above) included in this SOW are prorated and co-termed to align with the Client’s current billing schedule and the Annual Recurring Services amount will subsequently be added to Client's Term and regularly scheduled annual invoices under the terms of the Agreement. 3. Each year this SOW is in effect, a technology investment and benefit fee, as agreed to in the Agreement, will be applied to the Annual Recurring Services subscription fee. Signature Page to follow. CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291• Support Ext. 307 • Fax 785-587-8951 Page 2 of 4 Acceptance By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW and the Agreement terms and conditions IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below. Client CivicPlus By: ___________________________________ By: ___________________________________ Name: ___________________________________ Name: ___________________________________ Title: ___________________________________ Title: ___________________________________ Date: ___________________________________ Date: ___________________________________ CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291• Support Ext. 307 • Fax 785-587-8951 Page 3 of 4 Contact Information *all documents must be returned: Master Service Agreement, Statement of Work, and Contact Information Sheet. Organization URL ________________________________________________________________________________________________________________________ Street Address ________________________________________________________________________________________________________________________ Address 2 ________________________________________________________________________________________________________________________ City State Postal Code ________________________________________________________________________________________________________________________ CivicPlus provides telephone support for all trained clients from 7am –7pm Central Time, Monday-Friday (excluding holidays). Emergency Support is provided on a 24/7/365 basis for representatives named by the Client. Client is responsible for ensuring CivicPlus has current updates. ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Emergency Contact & Mobile Phone ________________________________________________________________________________________________________________________ Billing Contact E-Mail ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ Billing Address ________________________________________________________________________________________________________________________ Address 2 ________________________________________________________________________________________________________________________ City State Postal Code ________________________________________________________________________________________________________________________ Tax ID # Sales Tax Exempt # ________________________________________________________________________________________________________________________ Billing Terms Account Rep ________________________________________________________________________________________________________________________ Info Required on Invoice (PO or Job #) ________________________________________________________________________________________________________________________ Are you utilizing any external funding for your project (ex. FEMA, CARES): Y [ ] or N [ ] Please list all external sources: _______________________________________________________________________________________________ Contract Contact Email ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ Project Contact Email ________________________________________________________________________________________________________________________ Phone Ext. Fax ________________________________________________________________________________________________________________________ CivicPlus • 302 S. 4th Street, Suite 500 • Manhattan, KS 66502 • www.CivicPlus.com Toll Free 888-228-2233 • Accounting Ext. 291• Support Ext. 307 • Fax 785-587-8951 Page 4 of 4