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Contract for Citizenserve Software Copyrighted May 20, 2024 City of Dubuque Consent Items # 021. City Council Meeting ITEM TITLE: ContractforCitizenserve Software SUM MARY: City Manager recommending City Council execution of the contract for Citizenserve Permitting and I nspection Software. SUGGESTED Suggested Disposition: Receive and File;Approve DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Service Agreement and Order Form Supporting Documentation Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� � � MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Contract for Citizenserve Software DATE: May 16, 2024 Housing & Community Development Director Alexis Steger is recommending City Council execution of the contract for Citizenserve Permitting and Inspection Software. The first-year costs for both implementation and user subscriptions is $183,400. I concur with the recommendation and respectfully request Mayor and City Council approval. � Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing & Community Development Director Michael Belmont, Assistant Housing & Community Development Director Jason Lehman, Assistant City Attorney Jeremy Jensen, Chief of Police Amy Scheller, Fire Chief Mary Rose Corrigan, Public Health Director Wally Wernimont, City Planner Gus Psihoyos, City Engineer Chris Lester, Water Department Director Arielle Swift, Public Works Director Deron Meuhring, WWRC Director Chris Kohlmann, Chief Information Officer Dubuque THE CITY OF � All•Ameriea Ciq Du8 E �,� ,k� . ,�.� ��� I I Maste iece on the Mississi 1 2007*2012•2013 � pP zoi�*zoig TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director DATE: May 13, 2024 RE: Contract for Citizenserve Software INTRODUCTION The purpose of this memo is to request execution of the contract for Citizenserve permitting and Inspection Software. BACKGROUND The city currently uses Accela Civic Platform as our Permitting, Inspection, and Rental Licensing software. The current software is not user friendly, is not transparent to the public and is difficult to modify. Almost all changes require the involvement of an expensive third-party scripting service. In November of 2023, an RFP was issued for replacement software. Ten vendors responded to the RFP. Four were short-listed and selected for interviews. Citizenserve was selected from those interviewed. DISCUSSION When evaluating the potential vendors, we received extremely positive feedback from similar sized communities that currently use Citizenserve. Citizenserve is a user-friendly software that is very transparent to the end user. Applicants and permit holders can view information on all permits they are associated with. The software has a simple payment portal where contractors and homeowners can pay for permits online. One area where Citizenserve stands out is that they provide unlimited ongoing support for their software. A primary goal of the new software is to unify code enforcement activities across departments. Another is to streamline both the development review and plan review process. Citizenserve appears to meet those requirements fully. In addition to Inspection & Construction Services, several other departments participated in the selection process, and will be utilizing the software for code enforcement, licensing, and plan review. BUDGET IMPACT 1 The first-year costs for both implementation and user subscriptions is $183,400. The Housing & Community Development Department (HCD) Fiscal Year 2024 capital improvement project (CIP) will cover the $1,500 per user cost for setup, training, and implementation for all 55 initial users. HCD will also cover data migration and initial integrations with GIS, Tyler and Laserfiche. Each participating department's budget will cover the $1,500 per user annual subscription costs. Those departments and their annual budget for this software is as follows: Department Users Annual Subscription Cost Police Department 2 $ 3,000 Fire Department 2 $ 3,000 City Clerk 4 $ 6,000 Health Department 6 $ 9,000 Planning Services Department 8 $ 12,000 Inspection & Construction Services 21 $ 31,500 Engineering 6 $ 9,000 Water Department 2 $ 3,000 Public Works 1 $ 1,500 WWRC 1 $ 1,500 The housing department has $150,000 available budget in CIP 304-61-0000-76-750- 6170-00-02-64190 to cover initial implementation costs for all participating departments and to cover 21 user subscriptions for housing and community development department users. RECOMMENDATION I respectfully request the City Council execute the contract with Citizenserve. Prepared By: Michael Belmont, Assistant Housing and Community Development Director cc: Crenna Brumwell, City Attorney Jason Lehman, Assistant City Attorney Jeremy Jensen, Chief of Police Amy Scheller, Fire Chief Adrienne Breitfelder, City Clerk Mary Rose Corrigan, Public Health Specialist Wally Wernimont, City Planner Gus Psihoyos, City Engineer Chris Lester, Water Department Director Arielle Swift, Public Works Director Deron Meuring, WWRC Director Chris Kohlmann, Chief Information Officer 2 SERVICE AGREEMENT THIS SERVICE AGREEMENT (the "AgreemenY') behveen Online Solutions LLC. ("Ci[izenserve") with its principal place of business 7101 East Warner Rd, Suite 160, Tempe,Arizona 85284 and the Ciry of Dubuque, lowa("Customer") with i[s principal place of business at 350 W. 6th Street, Dubuque, IA 52001 is made effective as of Maroh 1, 2024 ("Effective Date"). 1.ONLINE SOLUTIONS DELIVERY OF SERVICES: Citizenserve grents to Customer a non-exclusive, non-trensferable, limi[ed subscription to access antl use the Citizenserve software service in consideration of[he fees and terms descrihed in the Citizenserve Order Form. The subscription will begin on ihe tlate specifietl in the order Form which is the date Citizenserve will begin providing services. On this da[e Citizenserve's responsibilities begin regartling providing support services, infrestrucNre, backing up data, pertorming setup and configuretion. Implementation and "go live"timelines vary based on �he availability and responsiveness of Customer's personnel and on the Customer's priorities and objectives. Citizenserve and Customer agree that they will work collectively, as described in the Citizenserve Statement of Work,on a best-efforts basis[o achieve a satisfactory migration from legacy systems and to achieve the Customers implementation objectives. 2. CUSTOMER RESPONSIBILITIES: Cuslomer acknowledges it is receiving only a limited subscription to use ihe Software Service and related documentalion, if any, and shall obtain no title, ownership nor any other rights in or to the software, service and related documentation, all of which title and rights shall remain with Citizenserve. In additioq Customer agrees that this subscription is limited to applications for its own use antl may not lease or rent the Service nor offer its use for others.All Customer data is owned by the Customer. 3. SERVICE LEVELS: Citizenserve will use commercially reasonable efforts to backup and keep the Service and Authorized Website(s) in operation consistenl with appliwble industry standards and will respond to customers'requests for support during normal business houre. THE SERVICES ARE PROVIDED ON AN "AS IS"BASIS,AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. CITIZENSERVE DOES NOT WARRANT THAT THE SERVICES WII.L BE UNINTERRUPTED OR ERROR-FREE. 4.TERMINATION: Either party may terminate this agreement for cause if the terminating party gives [he other party sixty (60) tlays written notice prior to termina[ion.Shoultl Customer terminate without cause after the frst date of the term as defned in the Ci[izenserve Order Form, Customer must pay the balance of the wrrent contrecled term and this payment obligation will immediatety become due. Citizenserve may termina[e services if payments are not received 6y Citizenserve as specified in the Citizenserve Order Form. Upon any termination, Citizenserve will disconlinue Services under this agreement; Cilizenserve will provide Customer with an electronic copy of all of Customer's data, if requested; antl, provisions of this Agreement regartling Ownership, Liability, Confidentiality and Miscellaneous will continue to survive. 5. NO THIRD PARTV RIGHTS The provisions of this agreement are intended to bind ihe undersignetl parties as to each other and are not intended to and do not create rights in any o(her person or confer upon any other person any benefits, rights or remedies, and no person is or is intendetl to be a ihird party beneficiary of any of ihe provisions of this agreement. fi. ACCEPTABLE USE; Customer represents and warrants that the Services wiil only be used for lawful purposes, in a manner allowed by law, and in acwrtlance with reasonable operating rules, policies, terms and procedures. Citizenserve may, upon misuse of the Services, request Customer to terminate access to any individual antl Customer agrees to promptly compiy with such request uniess such misuse is correctetl. 7.CONFIDENTIALITV: Each party hereby agrees to maintain the confitlentialiry of the other party's proprietary materials and information. induding but not limited to, all information, knowledge or data not generally available to the public which is acquired in connection with this Agreement, unless disclosure is required by law. Each party hereby agrees not to copy, duplicate, or transcribe any confidential documents of the other party except as requiretl in connection with their pertormance under this Agreement. Customer acknowledges that the Services contain valuable trade secrets, which are the sole property of Citizenserve, and Customer agrees to use reasonable care to prevent other parties from leaming of these trade secrets or have unauthorized access to the Services. Ci[izenserve will use reasonabie efforts to insure that any Citizenserve contrectors maintain the confdentialiry of proprietary materiais and information. 8. MISCELLANEOUS PROVISIONS: This Agreement will be governed by and consimed in accordance with fhe laws oF the State of lowa. Citizenserve may not assign i[s righ[s and obligations underthis Agreemen[,in whole or part,wi[hout prior written conseni of Customer, which consen[will not be unreasonably withheld. 9.ACCEPTANCE: Authonzed represen[atives of Customer and Citizenserve have read the foregoing and all documents incorporated therein and agree and accept such[erms eHective as of the date frst written above. CITY OF DUBUQUE STANDARD TERMS AND CONDITIONS ADA COMPLIANCE 1. The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101336, 42 U.S.C. 12101 et seq.) and applicable Federal regulations under the Act. 2. Bids for tlesign, construction, programs, policies and concessions of any type shall comply with the 2010 Standards for Accessible Desigq the ADA title II regulation, Section 504 of the 1973 Rehabilitation Act, and similar statutes and regulations prohibiting discrimination on the 6asis of disability. 3. The Contractor shall ensure that its websites and all online services, including those websites or online services provided by third parties upon which Dubuque reiies to provide services or content, comply with, at minimum, Web Content Accessibility Guidelines-WCAG 2.0 AA. ASSIGNMENT - The City and the Contractor each are hereby bound and the partners, successors, executors, adminishators and legal representatives of the City and the Contractor are hereby bound to the other party to the Contract and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of the Contract. Any assignment or attempt at assignment made without prior written consent of the City shall be void. CONFLICT OF INTEREST -The Contractor represents, warrants, and covenants that no relationship exists or will exist during the Contract period between the Contractor and the City that is a conflict of interest. No employee, officer or agent of the Contractor shall participate in the selection or in the award if a conflict of interest, real or apparent, exists. The provisions of lowa Code ch. 686 shall apply to the Conhact. If a conflict of interest is proven to the City, the Ciry may terminate the Contract, and Contractor shall be liable for any excess costs to the City as a resWt of the conflict of interest. The Contractor shall establish safeguards to prevent employees, consultants, or members of governing bodies from using their positions for purposes that are, or give ihe appearance of being, motivated by the desire for private gain for themselves or others with whom ihey have family, business, or other ties. The Contractor shall report any potential, real, or apparent conflict of interest to the City. CONTRACT DOCUMENTS — The Contract Documents are this Contract, the Request for proposal, the Contractor's proposal, and the following additional documents, if any: Online Solutions Order Form and Service Agreement. In the event of a dispute with respect to any term or condition in the Conhact Documents,they shall be interpreted in the following order: this Contract, the Request for Proposal, the Contractor's Proposal, and the following additional documents, if any: Online Solutions Order Form and Service Agreement. DISPUTES - Should any disputes arise with respect to the Contract, the Parties agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. The Contractor agrees that, the existence of a dispute nohvithstanding, it will continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute and the City shall continue to make payment for all Work properly pertormed. Should the Contractor fail to continue to perform its responsibilities regarding all non-disputed work, without delay, any additional costs incurred by the City or the Contractor as a resul} of such failure to proceed shall be barne by the Contractoc The unintentional delayed payment by the City to the Contractor of one or more invoices not in dispute in accordance with the terms of the Contract will not be cause for Contractor to stop or delay Work. FORCE MAJEURE - Force majeure shall be any of the following events: acts of God or the public enemy; compliance with any order, rule, regulation,decree,or request of any governmental authority or agency or person purporting to act therefore; acts of war, public disorder, rebellion, terrorism, or sabotage; floods, hurricanes, or other storms; strikes or labor disputes; or any other cause, whether or not of the class or kind specifically named or referred to herein, not within the reasonable control of the party affected. A delay in or failure of performance of either party shall not constitute a default hereunder nor be the basis for,or give rise to, any claim for damages, if and to the extent such delay or failure is caused by force majeure. The party who is prevented from performing by force majeure shall 6e obligated, within a period not to exceed fourteen (14) days after the occurrence or tletection of any such event, to give notice to the other party setting forth in reasonable detail the nature thereof and the anticipated extent of the delay,and shall remedy such cause as soon as reasonably possible,as mutualiy agreed between the parties. INDEMNIFICATION - To the fullest extent permitted by law, the Contractor shall indemnify and hoid harmless the City, its officers and employees, from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Contract, provided that such claim, damages, loss or expense is attributabie to bodily injury, sickness, disease or death, or injury to or destruction of property, including bss of use resulting therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of the Contrector, or anyone directiy or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable, regardless of whether or not such daim, damage, loss or expense is caused in part by a party indemnified hereunder. LAWS AND REGULATIONS -The Contract shall be governed, interpreted and enforced in accordance with ail applicable federel, State of lowa, and locai laws, ordinances, licenses and regulations and shall apply to the Contract throughout, as the case may be. The Contractor certifes fhat in performing the Contract it wili comply with all applicable provisions of the federal, state, and local laws, ordinances, licenses and reguiations. Venue for any action arising out of this Contract shall be the lowa District Court for Dubuque County, lowa. NO GIFT STANDARD -The City of Dubuque is committed to upholding the highest ethical standards in all of its business practices. This standard recognizes the need to avoid even the perception of improper gifts or favors to employees. Therefore, all suppiiers have been asked to abide by the City's"No Gift" standard. The "No Gift" standard also applies to ail offers of discounts or free items at any place of business targetetl toward a City employee and not available to the general public, regardless of the value. NON-COLLUSION STATEMENT-Neither the Contractor, nor anyone in the employment of the Contractor, has employed any person to solicit or procure the Contract nor will the Contractor make any payment or agreement for payment of any compensation in connection wiih the ContracL There is no contract, agreement or arrangement, either oral or written, expressed or implied, contemplating any division of compensation for Work rendered under the Contract or participation therein,directly or indirectly, by any other person,f rm or corporation, except as documented in the ContracL Neiiher the Contractor, nor anyone in the employment of the Contrector, has either directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive procurement in connection with the Contract. NON-DISCRIMINATION AND EQUAL OPPORTUNITY -All Contractors that engage in contracts with the City of Dubuque, lowa agree as follows: The Contractor will not discriminate against any employee or applicant for employment because of race, sex, cobr, creed, ancestry, national origin, marital status, Familial sta[us, religion, age, disability, sezual orientation, gender identity, genetic information, status with regard to public assistance, status as a veteran or any classification protected hy federal, state, or local law, (Protected Classes) except where age and sex are essential bona fide occupational requirements, or where disability is a bona fide occupational disqualifcation. Such action shall include, but not be limited to the following; (a) Employment, (b) Upgrading, (c) Demotion or transfer, (d) Recruitment and advertising, (e) LayoH or termination, (f) Rate of pay or other forrns of compensation, and (g) Selection for training, including apprenticeship. The Contractor further assures that managers and employees comply with both the spirit and intent of federal, state, and local legislation, govemment regulation, and executive orders in providing affirmative action as well as equal opportunity without regard to the protected classes, as stated above. The Contrac[or will include, or incorporate by reference, the provisions of the nondiscrimination clause in every contract or subcontract unless exempt by the rules, regulations or orders of the City and will provide in every contract or subcontrect that said provision will be binding upon each Contractor.. REGULATORY AGENCY COMPLIANCE -Compliance with laws and regulations set forth by regulatory agencies is required. These agencies inciude, but are not limited to, OSHA—Occupational Safety& Health Agency, EPA—Environmental Protection Agency, ICC— Interstate Commerce Commission, DNR— Department of Natural Resources, and DOT—Department of Transportation. The City of Dubuque expects that Contractors will offer expertise on conformance of regulations applying to the products they sell and the Work they perform. RIGHT 70 PROTEST-Anyone wishing to file a protest concerning (1)the specifcations, (2)the bid procedure or(3) the award of the Contract must do so in writing in accordance with the City's Protest by bidders which is found in the City's purchasing policy 5UBCONTRACTING - Ail Subcontractors shall be listed in the Contrect or in a written amendment to the Contract. SUSPENSIONS AND DEBARMENT -The Contractor hereby certifies, pursuant to 2 CFR pt. 180 and 2 CFR pt. 3000, that neither it nor its principles are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the Contract by any federal agency. The Contractor further certifies that it is not presentty debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any contracts with ihe City of Dubuque or the State of lowa. TAXES-The City of Dubuque is exempt from sales tax and certain other use taxes. Any charges for taxes from which the City is exempt will be deducted from invoices before payment is made. TERMINATION OF CONTRACT - The City may terminate the Contract at any time for any reason with cause, orwithout cause with 60 days' notice. In that event,all fnished or unfinished Work, reports, materials(s)prepared or fumished by the Contractor under the Contract shall, at the option of the City, become its property, excluding the Citizenserve software solution. If the Contract is terminated by the City as provided herein, the Contrector shall be paid for all Work which has been authorized, provided, and approved up to the effective date of termina[ioa The City will not be subject to any termination fees from the Contractor. WARRANTIES -WORK-The Contractor shall perform Work for the City pertaining to the Project as set forth in the Contract. Contractor represents that the Work and all of its components shall be free of defects; shall be performed in a manner consistent with other Contractors in a similar industry and application; and shall conform to the requirements of the Contract. Contractor shall be responsible for the quality, technical accuracy, completeness and coordination of all Work pertormed under the Contract. Contractor shall, promptly and without charge, provide all corrective Work necessary as a result of Contractor's acts, errors, or omissions with respect to the quality and accuracy of the Work. Contractor shall be responsible for any and all damages to property or persons as a result of Contractor's acts, errors, or omissions, and for any losses or costs to repair or remedy any Work undertaken by City based upon the Work as a result of any such acts, errors, or omissions. Coniractor's obligations shall exist without regard to, and shall not be consUued to be waived by, the availability or unavailability of any insurance, either of City or Contractor. WARRANTIES • INTELLEGTUAL PROPERTY - Contractor represents and warrents that all the materials and Work produced, or provided to the City pursuant to the terms of the Contrect shall be wholly original with the Contractor or that the Contractor has secured all applicable interests, rights, licenses, permits or other intellectual property rights in such materials and work. The Contractor represents and warrants that the materials and Work, and the City's use of same, and the exercise by the City of the rights granted by the Contract shall not infringe upon any other work or violate the rights of publicity or privacy of, or constitute a libel or slander against, any person, firm, or corporation. The Contractor further represents and warrants that the materials and Works does not infringe upon the copyright, trademark, trade name, trade dress patent, statutory, common law or any other rights of any person, firm or corporation or other entity. The Contractor represents and warrants that it is the owner of or otherwise has the right to use and distribute the Work contemplated by the Contract. QLAne Solutions: Autho iz Signature Printed/Typed Name !VN �r Title za zLt Execution Date Authorized V,,al Printed/Typed Name MNOr P(10 i e- ram? _ Title _ -Ma I 1 aQay Execution Date citv= en Order Form - 02./28/2024 Account Name: Dubuque, Iowa Contact Information: Michael Belmont City of Dubuque, Iowa 350 W. 6th Street Dubuque, IA 52001 mbelmont@cityofdubuque,org Contract Term: Billing Cycle: Annual Subscription Billing Schedule: Upon Contract Signing Service Billing Schedule: Upon Go Live Service Term Starts: 03/01/2024 Service Term Ends: 02/28/2025 Fees: 53 User Subscriptions 2 Read Only Subscriptions Setup, Training and Implementation Data Migrations Integrations and Services Author�dinn�.ature�� r f* rt lj a f vi�- Print or Type Name of Signatory SV�%2'o 2- 1-1- Execution Date Address: 1101 E. warner Road Suite 160 Tempe, AZ 85284 Billing Information: Michael Belmont City of Dubuque, Iowa 350 W. 6th Street Dubuque, iA 52001 mbelmont@cityofdubuque.org Components to be Implemented 0 Code Enforcement 0 Permitting 0 Planning & Zoning 0 Licensing $1,500.00 per named user per year $79,500.00 $450.00 per named user per year $900.00 $1,500.00 per user $79,500.00 Accela $2,500.00 AUTHO for Active Directory $0.00 GIS Integration (One-way) $8,000.00 Laserfiche $5,000.00 Use of Existing Payment Provider Integration $0.00 Tyler Cashiering $8,000.00 Project Management Included in setup fee $0.00 Total 1st Year Fees $183,400.00 Each Additional Year Fees $80,400.00 xutnonzea Signature c LJ, o'lcs-T e Print or Type Name of Signatory a I/a,9a_y Execution Date „_" Address: Dubuque, Iowa 350 W. 6th Street Dubuque, !A 52D01 c� ti�en Order Form Appendix A - Citizenserve existing payment processors ACI Universal Official Payments Authorize.Net Authorize.Net v2 Hanwck Whitney Trensactis BIQ SHO Version 7.0 Bluefin PayConex CityHall payment Civitek-https://www.myfloritlacounty.com/myfic-pay/ Civitekpaynow-httpsi/www.myfloritlacounty.com/myflc-pay/ ConnexPoinl Cybersource V2.0 Elavon (Convergys gateway) EGOV Payment Gateway ETS Express-Pay Forte Govemmenl Window GovPayNet Heanland Invoicecloud JETPAY Magic Municipay-https://demo.municipay.com/payapp/public/WSRequest.html? NCR MAGIC OpenEdge HostPay(Global Payments) Paya Connect Paybill PayExpressPay Paymentus Paypal Paypal Payflow PIugNPay(for customer outside ihe US only) Point& Pay v32.e PPG (Philadelphia Pay) PSN SC.Gov CCP,v2, v3 Unibank RTI v2.0 VPS Value Payment Systems v1.0 Xpressbillpay v2,v3 Integration with payment processor not on this list will incur a onetime integretion charge.