HomeMy WebLinkAboutR-2018-019 Agreement with Institute for Building Technology and Safety RESOLUTION NO. R-2018-019
A RESOLUTION APPROVING AN AGREEMENT WITH INSTITUTE FOR BUILDING
TECHNOLOGY AND SAFETY
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE,
MISSOURI AS FOLLOWS:
THAT the Board of Aldermen hereby approves the Service Agreement and Superseding
Addendum by and between the City of Riverside and Institute for Building Technology and
Safety, in substantially the forms attached hereto, and the Mayor is authorized to execute the
same on behalf of the City; and
FURTHER THAT the Mayor, the City Administrator, Director of Community
Development, and other appropriate City officials are hereby authorized to take all actions as
may be deemed necessary or convenient to carry out and comply with the intent of this
Resolution and to execute and deliver for and on behalf of the City all certificates, instruments,
agreements and other documents, as may be necessary or convenient to perform all matters
herein authorized.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri,theme day of 2018.
Mayor Kathleen L. Rose
A�-TEST: '
Robih•I incaid,.City,,Clerk
IBTS SERVICE AGREEMENT
SERVICE AGREEMENT
Page IB0
IBTS SERVICE AGREEMENT
SERVICE AGREEMENT
BETWEEN
INSTITUTE FOR BUHAING TECHNOLOGY AND SAFETY
AND
CITY OF RIVERSIDE,MISSOURI
On this �01' day of _, 2018, City of Riverside, Missouri, herein after referred to as
"Jurisdiction", located at 2950 NW Vivion Road, Riverside, MO 64150 and the Institute for Building
Technology and Safety, headquartered at 45207 Research Place,Ashburn, VA,20147 hereinafter referred
to as "IBTS,"do hereby enter into this Service Agreement under the following terms and conditions.
WITNESSETH
WHEREAS, The Mid-America Regional Council (MARC) along with IBTS and has made
available to the Jurisdiction for consideration regional shared services; and
WHEREAS, IBTS is a nonprofit organization whose purpose is to assist local jurisdictions by
delivering quality services that meet the challenges of governance at all levels while enhancing public
safety,economic development and the general welfare of the community; and
WHEREAS, the Jurisdiction recognizes the safety and other benefits from code compliance of
residential and commercial structures;and
WHEREAS, the Jurisdiction desires to participate in the regional services offered by MARC with
IBTS:
NOW THEREFORE, in consideration of the above, the Jurisdiction hereby enters into this
cooperative purchase agreement made available through the Master Agreement made available through
MARC for the services described herein:
In consideration of the mutual agreements contained herein,Jurisdiction and IBTS agree as follows,
to-wit:
1.0 DEFINITIONS
"MARC/IBTS Project"hereafter referred to as"Project"references the full scope of activities and services
outlined in this Service Agreement for the shared services project.
"Advisory Committee" refers to the Oversight Advisory Committee established jointly by MARC and
IBTS. The Advisory Committee consists of representatives of participating cities and towns and will meet
on a periodic basis to provide input and guidance for the Project.
"Applicant" refers to any individual, business or organization applying for building technology permits
and/or services from a Jurisdiction and paying certain fees for those permits and/or services.
"Augmentation"refers to IBTS augmenting an existing jurisdiction's department with specific tasks, staff
and other services while the jurisdiction provides supervision for these day to day activities.
"Jurisdiction"refers to the jurisdiction signing this agreement.
Page I B 1
IBTS SERVICE AGREEMENT
"Master Agreement"refers to the Master Agreement entered into by MARC and IBTS for the purposes of
defining the key elements,fee schedules and to outline the regional approach to the shared services offered
by IBTS.
"Operation"refers to IBTS operating and or running a department of service area for the jurisdiction. This
includes all services described within a service area.
"Service Agreement" refers to this agreement entered into by jurisdiction and IBTS that define specific
services to be delivered by IBTS to the jurisdiction. This Service Agreement should be considered as a
cooperative purchase agreement made available through MARC.
2.0 CUSTOMER SERVICE
Customer Service — Should an issue arise for any Jurisdiction with delivery of services by IBTS that
Jurisdiction shall notify IBTS and work directly with IBTS to resolve the issue within 30 days. Should the
issue remain unresolved after 30 days,the Jurisdiction can seek further resolution,including cancelation of
the Service Agreement between the Jurisdiction and IBTS based upon the terms of the Service Agreement.
3.0 SERVICE SELECTION
The full scopes of services offered by IBTS found in the Service Agreement are listed as attachments to
this Service Agreement.Jurisdiction hereby selects to implement the services identified below by initialing
beside the services to be implemented in the Jurisdiction:
V : Building Code Department Services&Fees,Attachment B
: Floodplain Services&Fees, Attachment C
: Accessibility Code Services&Fees, Attachment D
: Fire Code Review&Inspection Services&Fees, Attachment E
: Stormwater Services&Fees,Attachment F
: GOVmotusTm Permitting Software&Fees,Attachment G
Reserved For Future Use
Planning and Zoning Services and Fees,Attachment I
Property Maintenance Services and Fees,Attachment J
4.0 CHANGES AND ADDITIONAL SERVICES
Jurisdiction may request addendums to the services outlined in the following attachments so that additional
services not currently described can be added. Examples of addendums that can be included are specialty
services, such as Contractor Licensing Services, Business Licensing Services, Public Works Inspections,
and other services as needs are identified and documented by MARC, IBTS and/or Jurisdiction(s). If any
such change causes an increase or decrease in the cost of or in the time required for performance of this
Service Agreement, IBTS shall notify MARC in writing immediately,but, in any event,prior to executing
an Agreement Modification. IBTS and MARC will negotiate the new terms and modify the Service
Agreement as described in Section 15.0—Agreement Modification.
Non-Regional Services: IBTS will provide services describe herein to jurisdictions that are outside of the
red,green and or blue geographical areas as identified in Appendix 1. Jurisdiction understands and agrees
to the additional fuel surcharges and will include these surcharges on all services when collecting fees from
the applicant. Jurisdictions outside the red, green and or blue areas that are selecting services must select
the combination of Building Department Services, Floodplain Services, Accessibility Code Services, Fire
Code Services and Stormwater Services, or negotiate directly with IBTS for additional scope of services.
Page I B 2
IBTS SERVICE AGREEMENT
5.0 USE OF REGISTERED TRADEMARKS
IBTS and Jurisdiction give mutual permission to each other to utilize each other's registered trademark
and/or logos in all marketing materials, advertisements and public documents pertinent to the Scope of
Services described in the attachments as long as this Service Agreement remains in effect.
6.0 FEE COLLECTION:
IBTS or the jurisdiction may collect the fees for all services as described in the attachments to this
agreement. Jurisdiction elects to utilize the fee collection method initial below:
Rebate Process: IBTS will collect all fees. IBTS will retain fees for its services and will rebate the
permit fees collected.
_X Invoice Process:Jurisdiction will collect all fees.Jurisdiction will retain permit fees for its services
and IBTS will invoice the jurisdiction for services it provided.
Reports of all fee activities between IBTS and the cities and towns will be reported to MARC and the
jurisdiction. The reports to the jurisdiction and MARC will include the appropriate permit fee rebates and
handling fees.
6.1 PAYMENT TERMS AND PROCESS
Rebate Process—if the above Rebate Process has been selected by the Jurisdiction, IBTS will utilize its
existing credit card processing system, which includes acceptance of e-payments, to receive all fees
associated with services provided to Jurisdictions.IBTS will collect payment of fees from the applicant for
appropriate services and will retain certain fees for its services and report activity to MARC and the
Jurisdiction. IBTS agrees to pay all credit card and other banking or financing fees required in the
transaction of,use of,maintenance,and other fees associated with the processing of transactions with a the
credit card account.
Permit Fees collected by IBTS will be rebated to the Jurisdiction to cover their expenses to administer the
permit process. IBTS will make rebate payments to each Jurisdiction for permit fees collected during the
permitting process. Within 45 days of the end of the month, IBTS will rebate to the jurisdiction all permit
fees collected by IBTS
IBTS will rebate to the Jurisdiction permit fees for services the Jurisdiction provides such as and including
permitting and issuing the Occupancy Certificates and release to connect the utilities only after the
inspections have been completed and the building has passed all IBTS inspections
Invoice Process - Alternatively, if the Jurisdiction elects the invoice process the Jurisdiction will collect
payment of fees from the applicant.
IBTS will invoice the jurisdiction for all fees as described in the attachments. The jurisdiction agrees to
make payments to IBTS within 45 days of receipt of the invoice. A report describing all transactions will
include the permit number, permit type, permit category and the date of the permit will accompany the
invoice.
Jurisdiction's Permit Fees—Each jurisdiction may establish permit fees for each permit type shown in the
attachments to this Service Agreement. IBTS can provide suggested permit fees that can be added to the
fees in this Service Agreement. These permit fees belong to the jurisdiction. However, all fees along with
Page IB3
IBTS SERVICE AGREEMENT
all other plan review, inspection, flood review, handling and other fees required for the service, shall be
paid to the fee collector at the time the applicant submits the permit application.
7.0 TERM OF AGREEMENT
Thi initial two-year Service Agreement term shall begin on 2018, and shall end on
f /^ 2020. After the expiration date fhiService Agreement, the Service Agreement and all
subseq ent amendments will automatically renew and be extended for additionaltwo-year terms until either
Jurisdiction or IBTS terminates the Service Agreement by providing a 90-day written notice of termination
in advance of expiration. During the term of the Service Agreement,Jurisdiction agrees to use IBTS as its
exclusive provider of services selected. Prior to the start of each two-year extension, the rate of
compensation and the handling fees will be negotiated as appropriate.
8.0 TAXES
IBTS is responsible for payment of all applicable taxes on the funds it receives as compensation for services
provided under this Service Agreement. IBTS's Federal Tax Identification Number is 54-1963889.
9.0 JURISDICTION-FURNISHED RESOURCES
Jurisdiction shall appoint a Program Manager to coordinate the services for this Service Agreement. The
assigned Program Manager shall be the principal point of contact on behalf of Jurisdiction and will be the
principal point of contact for IBTS concerning performance under this Service Agreement.
The Jurisdiction will pass ordinances to require fees, plan reviews, permits, inspections and code
compliance by IBTS and establish enforcement mechanisms that shall be in accordance with federal and
state law. The Jurisdiction agrees to enforce the requirement and take administrative and legal action to
enforce compliance with those ordinance requirements. IBTS shall comply with those ordinance
requirements in the provision of services to the Jurisdiction.
The Jurisdiction will provide IBTS field inspector with a location,from time to time,for coordination with
the Jurisdiction personnel, filing reports and assisting citizens. If the Jurisdiction is providing permit
issuance assistance, one of the Jurisdiction's personnel will handle the permits and receive the plans for
review. The Jurisdiction shall also permit IBTS to use its printer or copier as necessary to support third
party services.
10.0 IBTS-FURNISHED RESOURCES
IBTS will be fully responsible for its staff and all of its staffs needs including but not limited to:
automobile, mileage, housing, per diems, cell phones, laptop computers and appropriate software, code
books, safety equipment,tools for inspections, and certification costs.
11.0 TERMINATION FOR CAUSE
Jurisdiction may terminate this Service Agreement for cause based upon the failure of IBTS to comply with
the terms and/or conditions of the Service Agreement, provided that Jurisdiction shall give IBTS written
notice specifying the IBTS's failure and an opportunity to cure the failure. If within thirty(30)days after
receipt of such notice, IBTS shall not have either corrected such failure or, in the case of failure which
cannot be corrected in thirty(30)days,begun in good faith to correct said failure and thereafter proceeded
diligently to complete such correction,then Jurisdiction may seek services from another source.
12.0 INDEMNIFICATION
IBTS hereby agrees to indemnify and hold harmless Jurisdiction against any and all liability, claims, suits,
losses, costs and legal fees caused by, arising out of, or resulting from any negligent act or omission of
Page I B 4
IBTS SERVICE AGREEMENT
IBTS in the performance and/or failure to perform within the Service Agreement including the negligent
acts or omission of any subcontractor or any direct or indirect employees of IBTS or its subcontractors.
13.0 DISPUTE RESOLUTION
Either party may submit a dispute to binding arbitration for resolution by a single arbitrator with a
professional arbitration service mutually agreeable to the parties after furnishing the other party ten (10)
days prior written notice. If the parties cannot agree on an arbitration service,the arbitration will take place
pursuant to the American Arbitration Association ("AAA") Commercial Arbitration Rules and Mediation
Procedures. The parties shall bear equally the costs of arbitration, including the fees and expenses of the
arbitrator. Each party shall bear the cost of preparing and presenting its case, which will be heard at a
mutually agreeable site in Kansas City, Kansas metropolitan area.
14.0 ASSIGNMENT
IBTS shall not assign any interest in this Service Agreement by assignment or transfer without prior
notification from IBTS to Jurisdiction and written consent of Jurisdiction. This provision shall not be
construed to prohibit IBTS from assigning to a bank,trust company,or other financial institution any money
due or to become due from approved Service Agreements without such prior written consent.
15.0 AGREEMENT MODIFICATION
No amendment or variation of the terms of this Service Agreement shall be valid unless made in writing,
signed by both parties and approved as may be required by law. No oral understanding not incorporated in
the Service Agreement is binding on any of the parties.
16.0 CONFIDENTIALITY
Jurisdiction agrees that its staff and agents may become aware of IBTS intellectual property or information
protected as trade secret such as business processes and procedures. Jurisdiction agrees that it will not
discuss with outside parties any information protected accordingly. Jurisdiction shall not be required to
keep confidential any data or information that is, or becomes publicly available, is already rightfully in
Jurisdiction's possession,is independently or is rightfully obtained from third parties.
At all times in the duration of this Service Agreement,Jurisdiction owns and will have the right to all data
including inspection and plan review information, information bulletins,forms,and other related technical
material resulting from this effort. However, IBTS will retain intellectual rights on the forms and
procedures,training, material, management systems, and IT system it develops for Jurisdiction for use in
other business areas. IBTS will maintain records of the information related to the building department
services it performs.
17.0 SUBCONTRACTORS
IBTS may, with prior notice to Jurisdiction, use consultants or staff provided by a Subcontractor. In such
case, IBTS will be fully responsible for the work completed by the consultant and staff provided by a
Subcontractor to IBTS for this Service Agreement. In no event shall the existence of a subcontract operate
to release or reduce the liability of IBTS to Jurisdiction for any breach in the performance of IBTS's duties.
All IBTS staff members, as well as consultants or staff provided by a Subcontractor who will provide
building department services as an inspector or plan reviewer, shall register with the required local and or
state building code agencies.
18.0 COMPLIANCE WITH CIVIL RIGHTS LAWS
IBTS agrees to abide by the requirements of the following as applicable:Title VI and Title VII of the Civil
Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246,
Page IB5
IBTS SERVICE AGREEMENT
the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance
Act of 1974,Title IX of the Education Amendments of 1972,and the Age Act of 1975.IBTS further agrees
to abide by the requirements of the Americans with Disabilities Act of 1990. IBTS agrees not to
discriminate in its employment practices, and will render services under this Service Agreement without
regard to race,color,religion, sex, sexual orientation,national origin,veteran status,or political affiliation.
19.0 INSURANCE
IBTS's Insurance— IBTS shall submit evidence of insurance to Jurisdiction and will add Jurisdiction as
"an additional insured party"on IBTS's policies. Said policies shall not hereafter be canceled,permitted to
expire, or be changed without thirty(30)days'written notice in advance to Jurisdiction.
Insurance shall be placed with insurers with an A.M. Best's financial strength and size category rating of
no less than A-VI. This rating requirement shall be waived for Worker's Compensation coverage only.
Worker's Compensation Insurance — IBTS shall maintain, during the life of the Service Agreement,
Workers' Compensation Insurance for all of the IBTS employees. In case any work is sublet, IBTS shall
require the Subcontractor similarly to provide Workers' Compensation Insurance for all the latter's
employees, unless such employees are covered by the protection afforded by IBTS. In case any class of
employees engaged in work under the Service Agreement is not protected under the Workers'
Compensation laws,IBTS shall provide for any such employees,and shall further provide or cause any and
all Subcontractors to provide Employer's Liability Insurance for the protection of such employees not
protected by the Workers' Compensation laws.
Commercial General Liability Insurance—IBTS shall maintain,during the life of the Service Agreement,
such Commercial General Liability Insurance which shall protect IBTS, Jurisdiction and any
Subcontractors during the performance of work covered by the Service Agreement from claims or damages
for personal injury, including accidental death,as well as for claims for property damages,which may arise
from operations under the Service Agreement, whether such operations be by the IBTS staff or by a
Subcontractor, or by anyone directly or indirectly employed by either of them, or in such a manner as to
impose liability to Jurisdiction. In the absence of specific regulations, the amount of coverage shall be as
follows: Commercial General Liability Insurance, including bodily injury, property damage and liability,
with combined single limits of$1,000,000.
Errors and Omissions Insurance—IBTS shall maintain,during the life of the Service Agreement, Errors
and Omissions Insurance in an amount not less than$1,000,000.
Licensed and Non-Licensed Motor Vehicles — IBTS shall maintain, during the life of the Service
Agreement Automobile Liability Insurance in an amount not less than combined single limits of$1,000,000
per occurrence for bodily injury/property damage. Such insurance shall cover the use of any non-licensed
motor vehicles engaged in operations within the terms of the Service Agreement to be performed
thereunder,unless such coverage is included in insurance elsewhere specified.
Subcontractor's Insurance—IBTS shall require that any and all Subcontractors,which are not protected
under IBTS insurance policies,take and maintain insurance of the same nature and in the same amounts as
those required of the IBTS. IBTS shall be responsible for any failure of its Subcontractors to conform to
this insurance requirement.
Page IB6
IBTS SERVICE AGREEMENT
20.0 NOTICES
All contractual notices shall be addressed to:
Institute for Building Technology and Safety(IBTS) City of Riverside,Missouri
Attn: Contracts Administrator Atm:Sp2A�t ((JR A'm
45207 Research Place 2950 NW Vivion Road,
Ashburn,VA 20147 Riverside,MO 64150
All technical notices shall be addressed to:
Institute for Building Technology and Safety(IBTS) City of Rivei7side,Missouri
Attn: Don Howell,Director Attn:-1� Sjn;{k
45207 Research Place 2950 NW Vivion Road,
Ashburn,VA 20147 Riverside,MO 64150
22.0 SEVERABILITY
If any term or condition of this Service Agreement or the application thereof is held invalid,such invalidity
shall not affect other terms,conditions,or applications which can be given effect without the invalid term,
condition, or application; to this end the terms and conditions of this Service Agreement are declared
severable.
23.0 ORDER OF PRECEDENCE
This Service Agreement shall, to the extent possible, be construed to give effect to all of its provisions;
however, where provisions are in conflict, first priority shall be given to the provisions of the Service
Agreement and its amendments; second priority shall be given to the provisions of the IBTS Scope of
Services and its amendments.
24.0 INCORPORATION OF ATTACHMENTS
Attachments selected by Jurisdiction in Section 3.0 are attached hereto and are hereby incorporated by
reference as though fully set out and rewritten herein.
IN WITNESS WHEREOF, the parties have executed this Service Agreement as of this�day of
' 2018.
For IBTS: For Jurisdiction: v I
Printed Name: Printed Name: 75A-I{,64 L.
Title: Title:
Signature: Signature:
Date: Date:
Page IB7
i
IBTS SERVICE AGREEMENT
I
20.0 NOTICES:
Ail coutractual notioss shall be addressed to:
Institute for Building Technology and Safety(MTS) CRY of iveradde,rM. �isso�uri
Atm:Contracts Administrator Attn: �""l�
45207 Research Place 2950 NW Vivian Road,
Ashburn,VA 20147 Riverside,MO 54150
All technicalnotices shall be addressed to:
Institute for Building Technology and Safety(IBTS) City o ITS e,Misssso�•,ug(�
Attm Don Howell,Director Atm:
45207 Research Place 2950 NW Vivion Road,
Ashburn,VA..29147 Riverside,MO 64150
22.0 SEVERABILITY
If any term or condition ofthis Service Agreement or the application thereof is hold invalid,such ytvalidity
shall not affect other terms,conditions,or applications which can be given effect without the Invalid Win,
condition, or application; to this end the.terms and conditions of this Service Agreement are declared
severable.
23.0 ORDEROFPRECEDENCE
This Service Agreement shal4.to the extent possible,be 000stmed to give effect to all of its provisions,
howev r, whore provisions are in conflict, first priority shall be given to the provisions of the Service
Agreement and.its amendments; second priority shall be given to the provisions of the IBTS Scope of
Services and its amendments.
i
i
24.0 INCORPORATION OF ATTACHMENTS
Attachments selected by Jurisdiction in Section 3.0 are attached hereto and are hereby incorporated by
reference as though fully set out and rewritten herein:
IN WITNESS WHEREOF,the parties have executed this Service Agmement as of this aim day of
2014,
For IM: For Jurisdiction: '�// /
Printed Name.C/.(AG;•'ftp,09— 70- - l Printed Name: 7SAA le e. L. ca:
Title: t:'Yytt�U Title..
Signature: Signature: G1✓
Date: -'�6 1 U Data:
Page I B 7
IBTS SERVICE AGREEMENT
Building Code Department Services& Fees, Attachment B
B1.0 BUILDING CODE DEPARTMENT SERVICES
IBTS will provide complete Building Code Department Services,administration,permitting systems,plan
reviews, permit approvals, certificate of occupancy approvals, and electronic record keeping. Permit
applicants can come to the Jurisdiction's office to get permits,submit plans for plan reviews,or for Zoning
and FEMA certifications; or they may elect to apply online once IBTS has implemented its proprietary
online GOVmotusTM permitting system.
Permit Applications
Citizens/contractors may go to each jurisdiction's city/town hall or other designated location to apply for a
permit and submit the required documentation for the permit. Citizens/contractors may also choose to
register online with IBTS GOVmotusTm software. In either case,a local jurisdiction staff person will enter
and/or review the submitted information,receive the payment and submit to IBTS for review.Notifications
are sent immediately to IBTS staff that Plan Reviews are pending.
Plan Reviews
As directed by the jurisdiction,IBTS staff will conduct all of the plan reviews to check for compliance with
federal,state and local building code requirements.The following presents the type of reviews(commercial
and residential)that can be conducted,if so selected by each jurisdiction.
• Building codes
• Electrical codes
• Plumbing codes
• Mechanical codes
• Energy codes
• Accessibility
• Flood determinations
• Landscape/land use/lighting
• Fire codes
• Other local requirements
Page B I
IBTS SERVICE AGREEMENT
Building Code Department Services &Fees, Attachment B
Permit Approvals&Issuance
Once plans are approved,IBTS will indicate approval in the GOVmotusTm software system.The system in
return immediately notifies the jurisdiction that a permit is ready for issuance. The jurisdiction having
authority remains in control in order to issue permits and each jurisdiction can hold the approval for issues
or concerns.This provides the opportunity to hold final issuance for any reason the jurisdiction may deem
necessary.
Inspections
Once the project is under construction, IBTS will provide inspections on the construction project, based
upon the structure type of occupancy. IBTS will provide each contractor with a direct telephone number to
the inspector in order to schedule the inspections; inspections can also be requested via fax request or on
the web-based permitting solution.
Certificates of Occupancy
After the final inspection or the Certificate of Occupancy(CO)inspection is completed,IBTS will upload
and document all of the results and reports from the inspections in the GOVmotusYm software. IBTS will
then approve the CO for issuance and the software will notify the jurisdiction that a CO is ready to be
issued. The jurisdiction at that time,just like the permit, has the authority to withhold that CO for any
reason they deem necessary. This provides each jurisdiction with ultimate control of allowing the
occupancy of the structure.
B2.0 AUGMENTATION OF EXISTING BUILDING DEPARTMENT SERVICES
IBTS can provide a la carte' services describe in this attachment. Jurisdictions may elect to utilize IBTS
for specific tasks within each service description. Exact details of the individual tasks within each service
are to be outlined between IBTS and the jurisdiction. Because each jurisdiction's needs are different and if
needed, each jurisdiction may elect to specifically call out in their individual Service Agreement the each
tasks needed within each service and include those descriptions as part of their Service Agreement.
Services provided a la carte' are billed at either task and/or hourly rates,according to the deliverable.
AUGMENTATION FEE STRUCTURE
Residential Plan Review Fees: $100.00 per hour
Commercial Plan Review Fees: $135.00 per hour
Residential Inspections: $100.00 per inspection*
Commercial Inspections: $150.00 per inspection'
'Inspections are per trade, not per site visit. Example, if during the foundation pour inspection, an
inspector looks at foundation/footing and underground plumbing,that's 2 inspections for a total of$200.00.
Page I B 2
IBTS SERVICE AGREEMENT
Building Code Department Services& Fees,Attachment B
RESIDENTIAL BUILDING FEE SCHEDULE
ITEM Sq. Ft. Plan Inspections
Reviews
0-3,000 $250
New Construction/Additions 3,001-5,000 $390 $850
>5,001 $490
New Modular All $150 $250^
Plan Review Not na $150^
Required
Non Structural Support $75 $150^
Modifications
Alter/Repair With Structural
$100 $250^
Support Modifications
With Structural
Support Modifications $150 $300^
& Egress Changes
New Manufactured Housing All n/a $250
New Detached Accessory Over 400 sq. ft. $100 $200^
New Portable Building Over 400 sq. ft. $75 $150^
Structure Relocation All $185 $250
For pools required by
Swimming Pool ICC and city codes to $75 $300
be ins ectexd.
MISCELLANEOUS
1st Re-Inspection n/a
2nd Re-inspection $90
3rd Re-inspection $150
Roofing Inspection $150
Electrical Meter Chane n/a n/a $75
Mechanical Trade Inspection $75
Electrical Trade Inspection $75
Plumbing Trade Inspection $75
Demolition $75
Change of Occupancy $75
Change of Contractor En/a
Permit Extensions /aDecks 50Tem ora Pole 5All Stop Work Orders 50Flood Determination Review 5
^ Add trade permit fees when required Page B 3
IBTS SERVICE AGREEMENT
Building Code Department Services & Fees, Attachment B
COMMERICAL CONSTRUCTION/ALTERATION/ADDITION BUILDING FEE SCHEDULE
PLAN Feesfor
REVIEW Additional
GROUPS OCCUPANCY SQUARE FOOTAGE FEES Plan INSPECTION
Minimum Maximum Includes
Review FEES
I Re-review Rounds
0 2,500 $385 $1,250
2,501 4,500 $650 $175
4,501 10,000 $1,300 $1,500
10,001 50,000 $1,850 $2,800
A ASSEMBLY 50,001 100,000 $3,250 $300 $4,000
(Section 303) 100,000 300,000 $4,500 $8,500
$4,500+.01 $8,500+.01
300,001+ sq.ft. over $500 sq.ft. over
300,000 300,000
0 2,000 $385 $1,000
2,001 5,000 $650 $125 $1,500
HEALTH CARE, 50001 10,000 $1,300 $1,850
INSTITUTIONAL, 10,001 20,000 $1,650 $4,095
OR DETENTION 20,001 30,000 $2,450 $5,265
1-2, 1-3 (Includes 30,001 50,000 $3,475 $200 $7,020
Limited Care& 50,001 1 100,000 $4,275 $11,700
Assisted Living) 1,000,0011 300,000 $5,500.00 $21,000
(Section 308) $5,500+.01 $325 $21,000+ .01
300,001+ sq.ft. over sq.ft.over
300,00 300,000
0 3,000 $415 $750
3,001 10,000 $825 $125 $1,755
10,001 30,000 $1,550 $2,575
BUSINESS OR 30,001 80,000 $2,225 $4,650
M& B MERCANTILE 80,001 150,000 $3,000 $9,900
(Sections
and 309) 150,001 300,000 $5,125 $200 $14,625
$5,125+.01 $14,625+.01
300,001+ sq.ft. over sq.ft. over
300,000 300,000
M30,O01
5,000 $650 $1,500
10,000 $1,150 $175 $1,875
30,000 $1,900 $4,365
EDUCATIONAL80,000 $3,150 $9,945
E & 1-4 & DAYCARE 150,000 $4,900 $300 $17,550
(Section 305 300,000 $7,850 $43,875
and 308.6)
$7,850+.01 $43,875+ .01
300,001+ sq.ft. over $500 sq.ft. over
300,000 300,000
Page I B 4
IBTS SERVICE AGREEMENT
Building Code Department Services& Fees,Attachment B
COMMERICAL CONSTRUCTION/ALTERATION/ADDITION BUILDING FEE SCHEDULE
PLAN Fees for
REVIEW Additional
GROUPS OCCUPANCY SQUARE FOOTAGE FEES Plan INSPECTION
Includes 1 Review
Minimum Maximum FEES
Re-review Rounds
0 10,000 $750
10,001 20,000 $750
INDUSTRIAL OR 20,001 50,000 $550 $1,250
F1, F2, S1,S2, STORAGE 50,001 100,000 $125 $1,250
& U (Sections 306, 100,001 200,000 $1,250
311 & 312) $550+ .01 $1,250+ .01
$200,001 + sq.ft. over sq.ft. over
200,000 200,000
0 2,000 $725 $1,000
H1, H2, H3,
HIGH HAZARD 2,001 5,000 $1,100 $1,200
H4, & H5 (Section 307) $1,100+ .02 $125 $1,200+ .01
5,001 + sq.ft. over sq.ft. over
5,000 5,00
HOTELS, 0 2,500 $550 $1,500
DORMS, 2,501 10,000 $1,250 $150 $1,872
APARTMENTS, 10,001 30,000 $1,800 $4,680
LODGING, 30,001 50,000 $3,250 $9,945
111, R2, R3, ROOMING, & 50,001 150,000 $4,200 $17,550
R4, 1-1 RESIDENTIAL 150,001 300,000 $5,425 $43,875
CARE FACILITIES
(not regulated $5,425 + .01 $225 43,875 + .01
by the IRC) 300,001 + sq.ft. over sq.ft. over
(Section 310) 300,00 300,00
When any size existing building
Tenant experiences an interior remodel and
Finish change that requires inspection and Quoted Quoted
plan review.
CDBG Infrastructure Inspections: $100.00/hr with project maximums quoted per job.
Full Time(40 hours a week)Inspector: $90/hr with four month minimum commitment.
Page IB5
IBTS/MARC MASTER AGREEMENT
Floodplain Services & Fees, Attachment C
CLO COMPLETE FLOODPLAIN SERVICES
IBTS will provide Floodplain Enforcement (reviews and inspections), Floodplain Administration (data
management and maintenance), and other Floodplain Management services (i.e. Base Flood Elevation
determination, ordinance review, amendment facilitation, assistance with submittal requests for Letter of
Map Revisions and Letters of Map Amendments)to the Jurisdiction. Note that any required enforcement
and administration to support and maintain the National Flood Insurance Program(NFIP)for flood permits
issued by the jurisdiction prior to the start of services for the jurisdiction are not within the Scope of this
Agreement.
Applicants will come to the Jurisdiction's local city hall or other designated location to apply for permits,
submit plans for plan reviews, or requests for Zoning and FEMA certifications. However for inspections,
site verification visits, the applicants can call IBTS directly. All administrative documentation managed
by IBTS may be sent directly to IBTS offices from the applicant, architect,engineer or land surveyor.
IBTS will evaluate and assist each Jurisdiction with evaluating the benefits of implementing the Community
Rating System(CRS)as a part of its participation in the NFIP. IBTS will coordinate with the local FEMA
Region office and its CRS resources to determine and analyze any benefits of the CRS program. IBTS will
develop the necessary presentations and data for the jurisdiction to determine if implementation of the CRS
program would be of benefit.
Nothing in this attachment and/or Service Agreement shall be construed to conflict with 44 CFR and other
state or local adopted laws,rules and regulations.
C2.0 FLOODPLAIN SERVICES FEE SCHEDULE
TYPE IBTS FEES
Elevation Determination— $65.00 per unit
Residential
Elevation Determination— $125.00 per unit
Commercial
Ordinance Review $100.00 per hour
Ordinance Amendment $100.00 per hour
Facilitation
LOMR and LOMA Assistance $100.00 per hour
Consultation $100.00 per hour
Additional services are available upon request.
Page I C-1
IBTS/MARC MASTER AGREEMENT
Accessibility Code Services& Fees, Attachment D
D1.0 COMPLETE ACCESSIBILITY PLAN REVIEW AND INSPECTION SERVICES
IBTS will provide Accessibility Plan Review and Inspection Services and will perform site visits. As
permitted by the completeness of information submitted for code plan review, IBTS will conduct the
accessibility plan reviews during the building department plan reviews in order to streamline the process.
However, should accessibility not be fully addressed within the original submission, additional reviews
may be necessary.
IBTS staff will provide the accessibility technical reviews and inspections on commercial use group
properties. IBTS will review drawings and inspect structures for these codes requirements for compliance
to the locally adopted codes. IBTS staff will attach Plan Reviews and Inspection result records to each
permit which can be archived for easy retrieval for future purposes.
IBTS will also provide accessibility plans reviews and inspections on existing sites and structures.
All accessibility reviews and inspections will be documented and recorded in the GOVmotugm Permitting
System software.Each review and inspection report will be available from any web-enabled access devise
such as intemet tablets and pads.
D1.1 AUGMENTATION OF EXISTING ACCESSIBILITY PLAN REVIEW AND
INSPECTION SERVICES
IBTS can provide a la carte' services describe in this attachment. Jurisdictions may elect to utilize IBTS
for specific tasks within each service description. Exact details of the individual tasks within each service
are to be outlined between IBTS and the jurisdiction. Because each jurisdiction's needs are different and if
needed, each jurisdiction may elect to specifically call out in their individual Service Agreement the each
tasks needed within each service and include those descriptions as part of their Service Agreement.
D2.0 ACCESSIBILITY SERVICES FEES
D2.1 Operation Fees: Fees for accessibility reviews and inspections are included in the fees for the
building code plan reviews and inspections found in Attachment B.
D2.2 Augmentation: Should an applicant desire to have reviews and or inspections only conducted
on a commercial structure,the following fees are applicable.
TYPE IBTS PLAN IBTS
REVIEW FEES INSPECTION
FEES
All Commercial Structures, <5,000 sq. ft $275.00 each $750.00 each
All Commercial Structures, 5,001 —25,000 s .ft $515.00 each $1000.00 each
All Commercial Structures, 25,001 — 100,000 s .ft $735.00 each $1500.00 each
All Commercial Structures,>100,001 s .ft 1 $1355.00 each $2250.00 each
*1.5%ofIMfees
Paged D-1
IBTS/MARC MASTER AGREEMENT
Fire Code Review& Inspection Services& Fees, Attachment E
E1.0 COMPLETE FIRE CODE PLAN REVIEW& INSPECTION SERVICES
IBTS will provide code plan review and inspections services, permit approvals, certificate of occupancy
approvals and electronic record keeping for commercial structures. Permit applicants can come to the
Jurisdiction's city hall or other designated location to get permits, submit plans for plan reviews, or for
Zoning and FEMA certifications; or they may elect to apply online once IBTS has implemented its
proprietary online GOVmotugm permitting system.
Plan Reviews
As directed by the jurisdiction,IBTS staff will conduct all of the plan reviews to check for compliance with
federal, state and local building fire code requirements. These reviews will be conducted during the same
time as the building code and accessibility reviews.
IBTS will provide FIRE ONLY plan reviews and inspections for operations, special events and uses such
as haunted houses,stadium changes etc. IBTS will work with the local Fire Chief to ensure a safe event.
Permit Approvals
The permit approval process will follow the same steps for processing permits as described in Attachment
B -Building Code Department Services.
Inspections
Once the project is under construction, IBTS will provide inspections on the construction project, based
upon the structure type of occupancy. IBTS will provide each contractor with a direct telephone number to
the inspector in order to schedule the inspections; inspections can also be requested via fax request or on
the web-based permitting solution.
Certificates of Occupancy
After the final inspection or the Certificate of Occupancy(CO) inspection is completed,IBTS will upload
and document all of the results and reports from the inspections in the GOVmotusTM software. IBTS will
then approve the CO for issuance and the software will notify the jurisdiction that a CO is ready to be
issued. The jurisdiction at that time,just like the permit, has the authority to withhold that CO for any
reason they deem necessary. This provides each jurisdiction with ultimate control of allowing the
occupancy of the structure.
IBTS, upon direction from the jurisdiction, will coordinate the CO inspection with the local and/or State
Fire Marshal as required to ensure that all of their requirements have been satisfied before occupancy is
allowed.
ELI AUGMENTATION OF EXISTING FIRE CODE PLAN REVIEW & INSPECTION
SERVICES
IBTS can provide a la carte' services describe in this attachment. Jurisdictions may elect to utilize IBTS
for specific tasks within each service description. Exact details of the individual tasks within each service
are to be outlined between IBTS and the jurisdiction. Because each jurisdiction's needs are different and if
needed, each jurisdiction may elect to specifically call out in their individual Service Agreement the each
tasks needed within each service and include those descriptions as part of their Service Agreement.
Page I E-1
IBTS/MARC MASTER AGREEMENT
Fire Code Review& Inspection Services& Fees, Attachment E
E2.0 FIRE CODE REVIEW& INSPECTION SERVICES FEES
COMMERICAL FIRE CODE FEES-Operation and Augmentation
COMMERCIAL TYPE&SIZE BITS FIRE CODE PLAN REVIEW FEES IBTS FIRE CODE
INSPECTION FEES
AUGMENT
SQUAREAUGMENTA
OPERATION AION HITS 3rd OPERATION
OCCUPANCY
p FOOTAGE REVIEW FEE REVIEW PLAN INSPECTION TION
pI (mCLUDEs I M. FEEREVIEW FEES INSPECTION
V Minimum 1vlaeu REVMw) (INCLUDES FEE
mum REI.REvm
0 2,500 $75.00 $150.00 $150.00 $250.00
2,501 4,500 $75.00 $150.00 $150.00 $250.00
4,501 1000 $135.00 $250.00 50%of $150.00 $500.00
original
A ASSEMBLY 10,001 5000 $185.00 $315.00 plan $250.00 $700.00
review fee
50,001 1000 $250.00 $500.00 with a$75 $400.00 $1,000.00
minimum
100,000 3000 $500.00 $725.00 $850.00 $1,400.00
300,001+ $715.00 $1,000.00 $1,000.00 $1,800.00
0 2,000 $75.00 $150.00 $150.00 $250.00
2,001 5,000 $75.00 $150.00 $150.00 $250.00
5,001 1000 $135.00 $250.00 $150.00 $500.00
HEALTH
CARE, 10,001 20,00 $185.00 $315.00 5001.of $250.00 $700.00
INSTITUTIONA original
1-2, L,OR 20,001 3 000 $250.00 $500.00 plan 5400.00 $1,000.00
1-3 DETENTION review fee
(Includes 30,001 5000 $500.00 $725.00 with a$75 $850.00 $1,400.00
Limited Care& 1 0 0 minimum
Assisted Living) 50,001 $715.00 $1,000.00 $1,000.00 $1,650.00
00
1,000,001 3000 $845.00 $1,235.00 $1,300.00 $1,800.00
300,001+ $950.00 $1,400.00 $1,580.00 $2,100.00
0 3,000 $75.00 $150.00 $150.00 $250.00
3,001 1000 $100.00 $160.00 $200.00 $315.00
10,001 3000 $150.00 $235.00 50%of $250.00 $385.00
original
M& BUSINESS OR 30,001 8000 $200.00 $275.00 Plan $325.00 $425.00
B MERCANTILE 0 review fee
80,001 150,0 UO $315.00 $355.00 with a$75 $500.00 $715.00
minimum
150,001 3000 $485.00 $580.00 $615.00 $975.00
300,001+ $600.00 $795.00 $750.00 $1,300.00
Page E-2
IBTS/MARC MASTER AGREEMENT
Fire Code Review& Inspection Services & Fees, Attachment E
0 5,000 $75.00 $150.00 $150.00 $300.00
5,001 10,00 .$125.00 $235.00 $200.00 $415.00
10,001 30,,00 $200.00 $275.00 50-10 f $375.00 $650.00
origil
E& EDUCATIONA 30,001 80,00 $300.00 $360.00 plan $500.00 $900.00
14 L&DAYCARE 0 review fee
80,001 150,0 $450.00 $615.00 wi0h a$75 $1,300.00 $1,300.00
00 minimum
150,001 3000 $750.00 $1,400.00 $2,000.00 $2,750.00
300,0111+ $1,000.00 $1,900.00 $3,500.00 $4,100.00
0 10,000 $150.00 $250.00
10,001 20,,00 50%of $150.00 $250.00
Fl,
F2' INDUSTRIAL 20,001 50,,00 $125.00 $250.00 original
2,& $225.00 $375.00
OR STORAGE 100,0 review fa
2,& SO,OOI 00 with a$75 $225.00 $375.00
U 200 0 minimum
100,001 00 $225.00 $485.00
$200,001+ $250.00 $500.00 $350.00 $615.00
111, 0 2,000 $200.00 $375.00 $250.00 $500.00
H2,
113' HIGH HAZARD 2.001 5,000 $350.00 $600.00 $350.00 $500.00
H4,
& 5,001+ $500.00 $925.00 $500.00 $715.00
H5
0 2,500 $150.00 $300.00 50%of $250.00 $435.00
2,501 10,00 $200.00 $400.00 original $375.00 $600.00
HOTELS, 0 plan
RI DORMS, 10,001 30,0 v
00 $300.00 $615.00 a 5
mvimf $500.00 $1,300.00
R2 APARTMENTS,
R3 LODGING, 30,001 5000 $425.00 $800.00 minimum $800.00 $2,250.00
R4, ROOMING,& 0
I I RESIDENTIAL 50,001 1500 $500.00 $1,100.00 $1,475.00 $3,415.00
CARE 00
FACILITIES 150,001 3000 $735.00 $1,700.00 $2,000.00 $48,000.00
300,001+ $1,100.00 $2,300.00 $2,400.00 $6,000.00
Page E-3
IBTS/MARC MASTER AGREEMENT
Stormwater Services& Fees, Attachment F
FLO COMPLETE STORMWATER SERVICES
IBTS will provide Stormwater Pollution Prevention Plan (SWPPP) reviews and site inspections. These
services will be provided on all residential and commercial structures as required by local, state and or
federal laws regulating stonnwater pollution.
SWPPP Reviews
IBTS will provide the SWPPP reviews at the same time as the Building Code reviews. IBTS will ensure
that the necessary state permits have been obtained and are on file with the construction permit.
IBTS will also maintain any necessary sub-division Service Plans as allowable by regulations. The Service
Plan will be reviewed only once, and thereafter, IBTS will confirm that contractors have signed the
necessary agreements that they as well as the sub-contractors will follow the Service SWPPPs.
SWPPP Site Visits
IBTS will conduct SWPPP inspections at each code inspection to verify ongoing compliance of the SWPPP
requirements at the job site. Records of inspection results will be recorded and archived with the
construction permit for record keeping and archival purposes
In the event of a rainfall event,IBTS will conduct spot checks for records after the rainfall event has passed,
but no sooner than 24hrs so as to allow the site manager to complete all paperwork. IBTS will verify that
stormwater pollution plans are in place and remain effective after the rainfall event.
F1.1 AUGMENTATION OF EXISTING STORMWATER SERVICES
IBTS can provide a la carte' services describe in this attachment. Jurisdictions may elect to utilize IBTS
for specific tasks within each service description. Exact details of the individual tasks within each service
are to be outlined between IBTS and the jurisdiction. Because each jurisdiction's needs are different and if
needed, each jurisdiction may elect to specifically call out in their individual Service Agreement the each
tasks needed within each service and include those descriptions as part of their Service Agreement.
Page I F-1
IBTS/MARC MASTER AGREEMENT
Stormwater Services& Fees,Attachment F
F2.0 STORMWATER SERVICE FEES- Operation
Fees for stormwater reviews and inspection are included in the fees for the building code plan reviews and
inspections found in Attachment B.
F2.1 STORMWATER SERVICE FEES -Augmentation
IBTS can provide a la carte' services describe in this attachment. Jurisdictions may elect to utilize IBTS
for specific tasks within each service description. Exact details of the individual tasks within each service
are to be outlined between IBTS and the jurisdiction. Because each jurisdiction's needs are different and if
needed, each jurisdiction may elect to specifically call out in their individual Service Agreement the each
tasks needed within each service and include those descriptions as part of their Service Agreement.
STORMWATER SERVICE FEES FOR AUGMENTATION
Service Reviews Inspections
Residential SWPPP Master Development Reviews $250.00 $1200.00 /year/development
Commercial SWPPP Master Development Reviews $350.00 $1500.00/year/development
Residential SWPPP Individual Development(greater than 1 acre $100.00 $200.00/site
Residential Rainfall Event Inspection N/A $100.00 per site/per event
Commercial Rainfall Event Inspection N/A $175.00 per site/per event
Hourly Rate for Other Requested Work* $125.00
*Additional services available upon request, such as:
Assistance with the development of a Stormwater Management Plan and program. Development
of Stormwater Best Management Practices, Development of Stormwater Utility Fee System,
Assistance with the development of Municipal Stormwater System Annual Report.
Page I F-2
IBTS/MARC MASTER AGREEMENT
GOVmotusTM Permitting Software &Fees,Attachment G
G 1.0 GOVmotusTM Programs
GOVmotus'is a Software as a Service(SaaS)solution provided by the Institute of Building Technology and Safety(IBTS)
that delivers an internet based system hosted in an environment that Subscribers can access for data entry, reporting,
archival,document storage,tracking,receiving and processing payments as well as other tasks normally associated with
delivery of building code department services,licensing,and property maintenance case management.
The GOVmotusTM Programs are provided to Subscribers in bundles of the modules described below. Subscription fees
maintenance fees,and termination fees for bundled modules are described below.
The bundles are packaged together and the associated features,fees,storage capacities,number of users,roles and other
descriptive conditions are described in this Exhibits A.The bundles described herein are called: 1)Bronze 2) Gold and 3)
Platinum.The Platinum bundle is a tailored configuration to customer's specific requirements.A summary of the features
available in the Bronze and Gold GOVmotus bundles are set forth in the following tables.
G 1.1 GOVmotus//Permitting Module
The GOVmotus Permitting Module can be packaged in a Bronze,Gold or Platinum bundle.The Permitting Module provides
data entry,reporting,archival,document storage,tracking,payment processing,and other tasks normally associated with
the delivery of building code department services.
GOVmotus PERMITTING FEATURES BRONZE GOLD
PERMIT APPLICATIONS X X
PERMITS X X
PLAN REVIEWS X X
INSPECTIONS X X
CERTIFICATES OF OCCUPANCY X X
FLOODPLAIN TRACKING X
AUTOMATED NOTIFICATION X
DOCUMENT MANAGEMENT X
MANAGEMENT REPORTS X
ADVANCE SEARCH FEATURES X
INSPECTION TYPE SELECTION X
CONTRACTOR LIST X
CONTRACTOR PORTAL X
ONLINE VIDEO HELP X
AUTOMATED FEE CALCULATIONS X
CONTRACTOR QUICK FEE CALCULATOR X
ROLE BASED USERS X
INSPECTION CODES INCLUDED X
CONTRACTOR INSPECTION REQUESTS X
Page I G-1
IBTS/MARC MASTER AGREEMENT
GOVmotusTm Permitting Software & Fees, Attachment G
131.2 GOVmotus//Licensing Module
The GOVmotus Licensing Module can be packaged in Gold or Platinum bundles.The Licensing Module provides data entry,
reporting,archival,document storage,tracking,payment processing and other tasks normally associated with the delivery
of licensing services.
GOVmotus LICENSING FEATURES
LICENSE APPLICATIONS X
LICENSE ISSUANCE X
APPLICANT TRACKING X
AUTOMATED NOTIFICATION X
DOCUMENT MANAGEMENT X
MANAGEMENT REPORTS X
ADVANCE SEARCH FEATURES X
WEB-BASED PORTAL X
PAYMENT PORTAL X
ONLINE APPLICATIONS X
ONLINE VIDEO HELP X
AUTOMATED FEE CALCULATIONS X
ROLE BASED USERS X
INSURANCE/BOND TRACKING X
AUTMOATED NOTIFICATIONS X
AUTOMATED RENEWALS X
G1.4 GOVmotus//Property Maintenance Module
GOVmotus Property Maintenance Module can be packaged in Gold or Platinum bundles.The Property Maintenance Module
provides data entry, reporting, archival, document storage, tracking, payment processing and other tasks normally
associated with the delivery of property maintenance services.
GOVmotus PROPERTY MAINTENANCE
FEATURES
CASE APPLICATIONS X
CASE MANAGEMENT X
CASE ROUTING X
INSPECTIONS X
VIOLATION NOTICES X
VIOLATION TRACKING X
AUTOMATED NOTIFICATION X
DOCUMENT MANAGEMENT X
MANAGEMENT REPORTS X
ADVANCE SEARCH FEATURES X
AUTOMATED FEES X
ROLE BASED USERS X
INSPECTION CODES INCLUDED X
PICTURE UPLOAD X
CASE SUMMARIES X
Paged G-2
IBTS/MARC MASTER AGREEMENT
GOVmotusTm Permitting Software &Fees,Attachment G
G1.5 GOVmotus Authorized Users&Roles
GOVmotus provides users'roles,based upon permissions from the Subscriber that allow the Authorized Users to access
only the areas of the system associated with their specific roles.Subscriber must identify the Authorized Users,and their
roles within GOVmotus,using the Subscription Order Form as shown in Exhibit B.Subscriber may change and update these
Authorized Users and their roles as allowed by the Agreement
Roles Utilized in GOVmotus bundles are:
GOVmotus AUTHORIZED USER BRONZE GOLD PLATINUM
LIMITS
Users Induded' 1-3 11-15 TBD
Each Additional User(Groups of 5) WA $100 TBD
-additional users can be added as audine In Exhibit B
GOVmotus USER ROLES
Building Plan Permit License
System Rol" Admin Official Reviewer Inspector Tach Accounting Tech
Pemitfing X X X X X X
Licensing X X X X
Properly Maintenance X X X X
GOVmotus SYSTEM ACCESS
Building Plan Permit Accounting
Component Access Admin
Official Reviewer Inspector Tach Accounting Tech
APPLICATIONS X X X X X X X
PROJECT/CASE INFO X X X X X X
CONTRACTORINFO X X X X X
OWNER INFO X X X X X X
FEE CALCULATIONS X X X X X
PLAN REVIEW X X X
INSPECTIONS X X X X
PERMIT ISSUANCE X X X
CERTIFICATE ISSUANCE X X X X
ACCOUNTING X X X
REPORTING X X X X X X X
DOCUMENT MGMT X X X X X X X
G1.6 GOVmotus Database Storage Size
Based upon the package and or module selected, Service Provider will provide allotted storage space in the Service
Provider's hosted environment as shown in the below table.
DATABASE STORAGE LIMITS' BRONZE GOLD PLATINUM
PERMITS YEAR 200 3000 TBD
LICENSES YEAR N/A 3000 TBD
CASES/YEAR N/A 3000 TBD
'Per year limits.Data will be stored for previous 3 years and then made available via archived storage.
Page I G-3
IBTS/MARC MASTER AGREEMENT
GOVmotus'rm Permitting Software& Fees, Attachment G
G1.7 GOVmotus Customization/Integration/Data Migration
Service Provider may customize the GOVmotus system and integrate it with other software systems and applications upon
request from the Subscriber in the PLATINUM package.Subscriber agrees to provide in writing a scope of services for the
customization.Upon acceptance by the Service Provider,the Customized Scope of Services(Exhibit B as required)shall be
become a binding part of the Subscription Service Agreement,
G1.8 GOVmotus Training Services
Service Provider offers online help and usage documentation for all GOVmotus products at no cost to the Subscriber.
Subscriber may elect to purchase additional training services if needed.The costs to deliver additional training has been
identified in Exhibit B.Should the Subscriber elect to purchase additional training,the scope of training and pricing shall
be defined and attached to the Subscription Order Form.
G1.9 GOVmotus' Service Levels
Service Provider shall host and maintain the GOVmotus" Programs.The Service will maintain an average availability of no
less than 99.5%,which translates to less than forty-five(45)hours of downtime per annum,excluding downtime caused by
(1)scheduled maintenance windows performed between the hours of 12:00 AM and 6:00 AM Eastern time,(ii)emergency
maintenance,(iii)force majeure,and(iv)any other events beyond Service Provider's reasonable control.Downtime is any
time in which a computer on the global Internet is unable to connect to the GOVmotus Program hosted environment,log
into the application,access application data or file attachments or execute reporting jobs due to unavailability of the Service.
131.10 GOVmotusm Support Levels
During the term of this Agreement,Service Provider shall provide technical support to Subscriber by providing Subscriber
with access to Service Provider's support services staff via a telephone help line or email.Technical support will be limited
to a maximum per annum by Bundle,during the hours of 9:00 AM and 6:00 PM Eastern time,Monday through Friday to
assist Subscriber with troubleshooting,error correction and use of the Service.
ANNUAL CUSTOMER SUPPORT LIMIT BRONZE GOLD PLATINUM
Telephone and email support 4 48 TBD
G1.11 GOVmotus Configuration&Delivery Schedule
Service Provider will configure and deliver to the Subscriber the selected modules according to the following Configuration
&Delivery Schedule.The schedule is subject to change to accommodate any customization,integration or data migration
services that may be added by the Subscriber. Should the Subscriber purchase customization, integration and/or data
migration,the schedule of configuration and delivery identified in the scope of those particular services shall supersede
these schedules.
EVENT SCHEDULES I BRONZE GOLD PLATINUM
CorMpuretion NIA 70 business days TBD
User Confipwa8on Testing N/A 1 week TBD
G1.12 GOVmotus Subscription Service Fees
Subscription service fees comprise of an initial configuration fee and ongoing per use maintenance fees.
BUNDLED SUBSCRIPTION AND INITIAL CONFIGURATION FEES BRONZE GOLD' PLATINUM
ASSOCIATION MEMBER SUBSCRIPTION FEES' FREE $18,200 TBD
NOWASSOCIATION MEMBER SUBSCRIPTION FEES N/A $18,000 TBD
EARLY TERMINATION FEES FOR ASSOCIATION AND NON-ASSOCIATION MEMBERS WA $12,000 TBD
•Exclusive membership benefit per agreements between IBTS and select associations
Monthly fee in a yearly subscription term
'One time configuration Ice
Paged G-4
1BTS/MARC MASTER AGREEMENT
GOVmotus'm Permitting Software& Fees, Attachment G
INDIVIDUAL MODULE FEES
EARLY TERMINATION
CONFIGURATION FEES FEE
GOVmotus Permit8ng $18,000 $15,000
GOVmotus Ucensing' $8,000 $4,800
GOVmotus Property Maintenance' TBD TBD
'Requires Gold bundle
G1.13 GOVmotus Maintenance Fees
Ongoing,usage-based maintenance fees are shown in the following table:
MAINTENANCE FEES
BRONZE GOLD PLATINUM
MAINTENANCE FEE/PeBntt $8.00 $8.00 TBD
MAINTENANCE FEE/License Application N/A $$.50 TBD
MAINTENANCE FEE/Property Maintenance Case N/A TBD TBD
Maintenance fees are per permit or license.Volume discounting is available.
Paged G-5
IBTS/MARC MASTER AGREEMENT
Reserved For Future Use
RESERVED FOR FUTURE USE
Page I H-1
IBTS/MARC MASTER AGREEMENT
Planning and Zoning Services and Fees, Attachment I
I1.0 COMMUNITY DEVELOPMENT(PLANNING AND ZONING)MANAGEMENT
IBTS will provide Community Development management and support. Focusing on the community's assets,
current character and desires, IBTS will develop, implement,manage and conduct planning and zoning
activities for the Jurisdiction. IBTS will provide information concerning zoning to the general public,
builders,developers,Mayor,Jurisdiction Council and Planning and Zoning Commission. In addition,IBTS
will develop and recommend policies and procedures for all Planning and Zoning activities.
IBTS will provide Community Development solutions that utilize traditional concepts along with innovative
ideas that will best fit each respective community and its context. IBTS will coordinate efforts with the
jurisdiction's Councils,Boards and/or Commissions to administrate the following:
• Community Development Operations(Long Range and Current)
• Development of Comprehensive, Subarea,Neighborhood and Corridor Plan Development or review
• Current Planning, including Plan and Development Review Facilitation
• Zoning Interpretation,Compliance and Enforcement
• Council, Boards and Commissions Training
• Council, Boards and Commissions Support
• Planning,Zoning and Development Ordinance and Code Review
• Zoning and Development Code Implementation
• Sign Code Development and Implementation
• Community Development Services Consultation
12.0 PLANNING AND ZONING INSPECTIONS
IBTS will conduct enforcement of the local zoning ordinances as adopted.The Zoning Administrator will
review all the required Development Permits,Development Permit Approvals,Zoning Reviews and full
administration of the Zoning Ordinance. IBTS will attend each Development Review Committee meeting to
be informed and aware of upcoming projects. Zoning administration will provide the following:
• Site Inspections
• Setbacks
• Accessory Use
• Traffic Comer Visibility
• Public Notification
• Nonconforming Buildings
• Landscape& Screening
• Signs/Billboards
13.0 COMMUNITY DEVELOPMENT GRANT WRITING AND ADMINISTRATION
IBTS will provide the following grant writing and administration services:
• Grant Writing and Submittal(including all necessary public process)
• Grant Administration
• Project Management and construction oversight
• Grant Consultation
I4.0 GEOGRAPHIC INFORMATION SYSTEMS(GIS)
With the adoption of a new Zoning Code, it would be advantageous to create a zoning map.A current zoning
map would help the Jurisdiction administer the zoning ordinance. IBTS can assist in this endeavor and
recommends the jurisdiction contact a local government agency for creation of this map. A digital parcel map
can aid in the following:
Page 11-1
IBTS/MARC MASTER AGREEMENT
Planning and Zoning Services and Fees,Attachment I
• Zoning map creation and/or maintenance
• Parcel Map Digitization(if needed,with additional charge)*
• Basis for future land use analysis
• Regeneration of base tax map to recoup lose tax revenue
• Cost efficient Communication
• GIS Consultation
*Some restrictions may apply in some states,such as Oklahoma.
I5.0 PLANNING&ZONING FEES-Operation or Augmentation
COMMUNITY DEVELOPMENT FEES
PLANNING AND/OR ZONING APPLICATION PROCESSING FEE*
Zoning and Zoning Mao Amendments
Rural Agricultural $500.00
Mixed Use $1250.00
Planned Unit Development $1500.00
Special Overlay Districts $1500.00
Use By Special Review $1500.00
Corridor District $1500.00
Zone Districts not noted above $1000.00
ZoninR Verification Letter $75.00
Planned Unit Development(PUD)
PUD Major Amendment $1500.00
PUD Minor Amendment $500.00
Abandonment of PUD $500.00
PUD,Special Overlay District or Corridor
Spec.Overlay Dist/Corridor Preliminary Plat $1200.00+$5.00/acre
Spec.Overla DistlCorridor Final Plat $900+$5.00/acre
Subdivision Plan
Minor Subdivision Plat $400.00
Preliminary Plat/Development Plan $500.00+$5.00/acre
Final Plat $400.00+$5.00/acre
Minor Amendment to Approved Plat $250.00
Major Amendment to Approved Plant $900.00 +$5.00 per acre
Preliminary and Final Plat Reinstatement or $100.00
Extension
Telecommunication Towers,Antennas and Facilities $2500.00
Abandonment of PUD $500.00
Council,Boards and Commission Training $100/hour+material costs
Comprehensive Plan Amendments $1500.00
Land Use Plan Amendments $1500.00
Transportation Plan Amendments $1500.00
Site Plan $200.00
Amendment to approved Site Plan $200.00
Landscape Plan $200.00
Amendment to approved Landscape Plan $200.00
Sketch Plat $250.00
Preliminary Plat/Development Plan $500.00+$5.00/acre
PUD,Special Overlay District or Corridor Preliminary Plat $1200.00+$5.00/acre
Final Plat $400.00+$5.00/acre
PUD, S ecial
Overlay District or Corridor Final Plat $900.00+$5.00/acre
Lot S lit/Lot Combination $200.00+$25/lot
Page 11-2
IBTS/MARC MASTER AGREEMENT
Planning and Zoning Services and Fees, Attachment I
Plat Waiver $250.00
Minor Subdivision Plat $400.00
Minor Amendment to Approve Plat $250.00
Major Amendment to Approved Plat $900.00+$5.00/acre
Preliminary and Final Plat Reinstatement or Extension $100.00
Vacation of Right-of-way or Easement $500.00
Variance $500.00
Special Exceptions $500.00
Administrative Determinations $100.00
Appeal of Decision $250.00
Reconsideration Re uest $200.00
Historic Preservation Review $1000.00
Environmental Review $1000.00
Floodplain Development Review $1000.00
Minutes $50.00 per hour
Agenda Fee $50.00 per hour
Ordinance Fee $100.00 per hour with a one 1 hour minimum
Waiver(Paving,parking,etc. $100.00
Opinion of Appropriateness $100.00 per hour
Temporary Sign Permit $50.00
Sign Permits
Temporary Sign Permit $50.00
Sign Permit $150.00
Zoning or Ordinance Interpretation $200.00
Written Notice $100.00 per hour
Public Notice $100.00
PlacinR of Le al Ad $100.00
Grant Writing and/or Administration $100.00 er hour
GIS Verification $90.00 per lot
Consultation $100.00 perhour
"MARC Fees are 1.5%of the processing fees.
r*An hourly rate is presented where a,Jlat fee does not apply.
"**Fees do not include radius reports,court reporter, countyfiling fees,postage,sign or sign posting, or newspaper publication.
Page 11-3
IBTS/MARC MASTER AGREEMENT ADDENDUM
Property Maintenance Services and Fees, Attachment J
JI.0—Property Maintenance Inspections
IBTS will provide the inspections for the Jurisdiction to enforce the jurisdiction's Property Maintenance
ordinance. IBTS Property Maintenance Inspectors and Certified Building Officials will conduct the
inspections, as authorized by the jurisdiction, and provide the inspection results, along with any required
documented evidence and or pictures as necessary to identify the violation clearly and effectively.
As a summary,here is a list of inspections to be provided in this project:
o Unsafe Structures&Equipment o Extermination/Infestations
o Emergency Measures o Light/Ventilation
o Demolition o Occupancy Limitations
o Rental Properties o Required Facilities
o Vacant Structures o Toilet Rooms
o Vacant Overgrown Land o Plumbing Systems
o Nuisance o Water Systems
o Property Inspections o Sanitary Drainage
0 10"or higher weeds o Heating Facilities
o Unimproved lots with weeds higher than 36" o Mechanical Equipment
o Rodent Harborage o Nuisance Inspection
o Abandoned Vehicle(Forwards to police) o Electrical Facilities/Equipment
o Swimming Pools o Duct Systems
o Exterior Structure o Means of Egress
o Interior Structure o Fire Resistance
o Rubbish&Garbage o Fire Protection
J2.0—Property Maintenance Documentation
IBTS will coordinate with the jurisdiction officials including but not limited to the jurisdiction Attorney,
the jurisdiction Fire Chief and the jurisdiction Chief of Police on the development, approval and
implementation of all the necessary forms,documentation and notices required by this effort.
Citation forms will be compiled onto one common form where applicable. IBTS will coordinate with the
Jurisdiction upon developing these forms, documents and notices in order to keep the number of required
forms to a minimum for printing efficiency.
J3.0—Jurisdiction Responsibility
The Jurisdiction will incur all costs associated with printing, supplying and distributing of all of the
necessary forms,documentation and notices required for enforcement by this effort. IBTS will provide the
necessary forms,documents and notices in electronic format suitable for printing.
If needed,the Jurisdiction Police Department Police Chief,in coordination with the Mayor and Jurisdiction
Council, will appoint IBTS as an officer charged with one duty only; the issuing Notices of Violation to
vehicles for property maintenance violations.
Ordinances will be passed and fee schedules adopted by the Jurisdiction in order to pay for services rendered
by IBTS. The Jurisdiction agrees to adopt a line item budget to pay for these services and it will be
jurisdiction's responsibility to recoup any associated costs from the citizens for services. IBTS staff will
monitor the budget and ensure that services don't exceed the approved budgeted amount.
IBTS will provide the necessary field inspections and documentation of violations. The Jurisdiction will
be responsible for any necessary court actions, injunctive reliefs and other measures needed to bring about
compliance.
Page I J-1
IBTS/MARC MASTER AGREEMENT ADDENDUM
Property Maintenance Services and Fees,Attachment J
J4.0—Program Manager
The Jurisdiction Program Manager will initiate coordination efforts for structures,vehicles,equipment and
property inspections. The Program Manager will authorize IBTS to conduct the inspections after a review
of each complaint filed is completed to verify it is not a nuisance complaint. This type of coordination will
prevent the jurisdiction from accruing inspection charges for complaints that are not valid. This will enable
the Jurisdiction to better handle citizen disputes rather than starting and completing a case management file
for a non-valid compliant.
As required,coordination between IBTS and the jurisdiction Police Department will occur once the vehicle
in question has been determined to exist. IBTS,once the VIN number is obtained,will obtain the required
owner information so that the citation may be completed and the appropriate notice sent to the vehicle
owner and if necessary,the property owner. This documentation will be copied to the Jurisdiction as well
as the jurisdiction Police Department for enforcement and authorization of towing,as necessary.
Page I J-2
IBTS/MARC MASTER AGREEMENT ADDENDUM
Property Maintenance Services and Fees,Attachment J
J5.O—Fees
PROPERTY MAINTENANCE FEE SCHEDULE
1st Inspections Additional
REM Includes violation Inspections
letter as required
and re4nspection
Residential $ 150 $ 100
Dangerous or Unsafe Structures and Equipment Non-residential and Multi-Family $ 250 $ 150
E ui rrent,Fences,Out-buildings $ 50 $ 40
Residential $ 75 $ 50
Structure/Equipment Violation(other than Non-residential and Multi-Family $ 100 $ 75
Dangerous/Unsafe Buildings)
Equipment,Fences,Out-buildings $ 50 $ 40
Stop Work Order,Do Nat Occupy Order $ 75 $ 75
Unlawful Structure $ 250 $ 150
Demolition $ 200 $ 100
Apartment unit and rental home $ 100 $ 50
Rental Inspections
Multiple apartment and duplex units $ 85 $ 40
Garbage,refuse,broken or worthless items,animal $ 100 $ 50
feces.
Interior Property Infestation $ 50 $ 40
Unfit for human habitation(Not in Dangerous/Unsafe $ 150 $ 100
Buildings Code)
Garbage,refuse,trash containers in front yard,
unstacked firewood,limb piles,broken orworthless $ 50 $ 40
Items,animal feces,weeds,building supplies,auto
parts,etc.
Porch,stairs,decks,balconies,handrails,guards $ 100 $ 50
Exterior Property
Hard surfaces unsafe to vehicles and pedestrians $ 50 $ 40
Illegal Camping $ 50 $ 40
Pool of Water-swimming pool,pond,reservoir, $ 75 $ 50
other receptacles
Inoperable and unlicensed $ 50 $ 40
Vehicles,Trailers,Campers,RVs,Motorcycles Improperly parked $ 50 $ 40
and Boats
Used as living quarters $ 75 $ 50
Nuisances Not Described Above $ 50 $ 40
Assistance to Police and Prosecutor in preparing citations and court preparation. $100 per hour,plus travel costs
Attendance and testimony at court and administrative Hearings $100 per hour,plus travel costs
Preparation and organizing administrative hearings,i.e.placing legal notices,mailing letters,
$100 per hour,plus travel costs
preparing documents,etc.
Residential property owner research $15 each
Commercial property owner research $25 each
Postage Actual Cost
Information fromtitle company-ownership and encumbrance reports,ownership lists,etc. Actual Cost
Work Not Described Above $100perhour, lus travel costs
Page I J-3
IBTS/MARC MASTER AGREEMENT
GOVmotus Terms and Software Agreement—Appendix 1
GOVmotus' Terms and Software Agreement
On this day of _,2016, the(enter client name here)hereinafter referred to as"Subscriber",
located at (enter dlent eddreeb here), and the Institute for Building Technology and Safety, headquartered at 45207
Research Place,Ashburn,VA,20147,hereinafter referred to as"Service Provider",do hereby enter into this Software
as a Service Subscription Agreement(the"Agreement")under the following terms and conditions.
Service Provider is a non-profit organization guided by a 5-member Board appointed by the National League of Cities,
the International Client/County Management Association, the National Association of Counties, the Council of State
Governments,and National Governors Association.
1.0 Subscription Service
Subject to the terms and conditions of the Agreement, Service Provider grants to Subscriber a non-exclusive, non-
transferable subscription to use the software identified in Exhibit A(the"GOVmotusT Programs").Subscriber may use
the GOVmotus' Programs in Subscriber provided computer systems that are able to conned to the internet, for its
own use, and may not translate or modify the GOVmotus" Programs or incorporate them into other software without
written permission from the Service Provider.Subscriber may not transfer,sub-contract,sub-license,sub-subscribe or
otherwise make the GOVmotus" Programs available to any third party, in whole or in part, in any form, whether
modified or unmodified.
Subscriber hereby elects to subscribe to Services by completing the Subscription Order Form as shown in Exhibit B
and paying all the required subscription fees and maintenance fees as shown in Exhibits A.
1.1 Software as a Service
This Agreement sets forth the terms and conditions under which Service Provider agrees to provide Subscriber with
access to the GOVmotusm Programs and provide other services to enhance Subscriber's productive use of such
software including customization / integration, user identification and password change management, data import/
export, monitoring, technical support, maintenance, training, backup and recovery, and change management (the
"Services")as further set forth on an Exhibit A attached hereto.The Agreement shall remain in effect unless terminated
as provided for herein.
The parties acknowledge and agree that this Agreement constitutes a license of intellectual property and that
Subscriber, as licensee,is entitled to the rights afforded such licensees under the provisions of 11 U.S.C.§365(n).
1.2 Authorized Users
Unless otherwise limited on Exhibit A, Service Provider grants Subscriber a renewable, nonassignable, nonexclusive,
royalty-free, and worldwide right for any Subscriber employee, contractor, or agent, or any other individual or entity
authorized by Subscriber, (each, an "Authorized User")to access and use the GOVmotus" Programs and Services.
Other than those limitations expressly described in Exhibit A, Authorized Users will have no other limitations on their
access or use of the Services.
Access to the GOVmotusTM Programs and Services will be limited to the number of initial license(s) and number of
Authorized Users described in Exhibit A. Subscriber is entitled to increase or decrease the number of Authorized Users;
provided,however,that Subscriber shall pay for any increase in the number of Authorized Users should the number of
users increase beyond the amount shown in Exhibit A. Should Subscriber elect to change the number of Authorized
Users,Service Provider shall reduce or increase Authorized Users to the corresponding tier described in the Exhibit A
and adjust future Subscription and Maintenance Fees.
1.3 Control and Location of Services
The method and means of providing the Services shall be under the exclusive control, management,and supervision
of Service Provider,giving due consideration to the requests of Subscriber. Except as otherwise specified in an Exhibit
A, the Services (including data storage), shall be provided solely from within the continental United States and on
computing and data storage devices residing therein.
1.4 Storage of Services
The Services shall include the applicable allocation of database storage required to support the level of data as
described in Exhibit A.
Appendix 1 Page I 1
IBTS/MARC MASTER AGREEMENT
GOVmotus Terms and Software Agreement—Appendix 1
1.5 Changes in Functionality
During the term of this Agreement, Service Provider shall not reduce or eliminate functionality in the Services which
meet the usage requirements specified in Exhibit A.Where Service Provider has introduced like functionality in other
services, Subscriber shall have right to use and access to the new services, at no additional charge, with the same
rights, obligations, and limitations as for the Services.Where Service Provider increases functionality in the Services,
such functionality shall be provided to Subscriber without any increase in the Services Fees.
1.6 Effect of Click-Through Terms and Conditions
Where an Authorized User is required to"click through"or otherwise accept any online terms and conditions(provided
in Exhibit C) in accessing or using the Services, such terms and conditions are binding and shall have full force and
effect as to the Services,this Agreement,or the applicable Exhibit A.
1.7 Ownership and Copies
The original and any copies of the GOVmotus' Programs, made by Subscriber, including translations, compilations,
partial copies,modifications,and updates, are the property of Service Provider.
Subscriber may not make copies of the GOVmotusr Program or code in any form for any for use by any party,
contractor, third-party provider, whether it is intended for backup or archive purposes or not. Each GOVmotusTM
Program is copyrighted by Service Provider.Subscriber agrees to not reproduce,use or apply the copyright notice and
proprietary logos of Service Provider in whole or in part.
2.0 Service Levels
For the tern of the Agreement,Service Provider shall provide the Services,force majeure events excepted,during the
applicable Service Windows and in accordance with the applicable Service Level Standards, each as described in
Exhibit A.
Notwithstanding the foregoing,Service Provider will use its best efforts to minimize the impact or duration of any outage
or interruption of Service.
Service Provider reserves the right in its reasonable discretion to(a)reject or edit Subscribers data,files,pictures,drawings
and or all other electronically uploaded data, documents and or files (such editing to be done collaboratively with
Subscriber);and(b)remove any material from the Service and cease access to portions or the entirety of the Service if the
uploaded material is deemed offensive, pornographic, adult oriented and or otherwise material not intended for the
GOVmotus Program's intended use.
Service Provider is not responsible and cannot be liable for the Subscriber's access and availability of the Subscriber's LAN
connectivity or their Internet Service Provider's service levels,downtime,uptime,download speeds and or upload speeds.
3.0 Service Support and Maintenance
Service Provider,in consideration for payment of the applicable Usage Fees set forth in Exhibit A,shall provide bug fixes,
corrections, modifications, enhancements, upgrades, and new releases to the GOVmotus' Programs to ensure: (a) the
functionality of the Services,as described in the Documentation,is available to Authorized Users; (b)the functionality of
the Services in accordance with the representations and warranties set forth herein,(c)the Service Level Standards can be
achieved;and,(d)the Services work with the then-current version of Internet Explorer,Safari,and Google Chrome Internet
browsers.
3.1 Required Notice of Maintenance
Unless as otherwise agreed to by Subscriber on a case-by-case basis,Service Provider shall provide notice to Subscriber of
all non-emergency maintenance to be performed on the Services with such written notice at least twenty four(24)hours
in advance and must include a detailed description of all maintenance to be performed.For emergency maintenance,Service
Provider shall provide as much prior notice as commercially practicable to Subscriber and shall provide a detailed
description of all maintenance performed no greater than one (1) calendar day following the implementation of the
emergency maintenance.
Appendix 1 Page 12
IBTS/MARC MASTER AGREEMENT
GOVmotus Terms and Software Agreement—Appendix 1
4.0 Customization/Integration Services
Service Provider shall provide the Customization/Integration Services,if any,described in an Exhibit B.The additional
Services Fees for such Services shall be described in the Customization/Integration Services proposal.
Subscriber may,upon written notice,request changes to the Scope of the Services under Exhibit A.If Subscriber requests
an increase in the scope,Service Provider shall notify Subscriber whether or not the change has an associated cost impact
If Subscriber approves,Subscriber shall issue a change order,which will be accepted by the Service Provider.Subscriber
shall have the right to decrease the scope and the associated fees for an Exhibit A will be reduced accordingly.
Service Provider agrees to upload the Subscribers official municipal seal,logo or other identifying symbol on Subscriber's
main dashboard site that is configured for specific use by the Subscriber.Subscriber hereby gives authorization to Service
Provider to display, resize, print, reproduce, copy, digitize, format and otherwise use the Subscriber's digital symbol
provided in all components of the GOVmotus'" Product subscribed to, including but not limited to reports, documents,
notices,certificates,violations,orders and other printed documents whether electronic or hardcopy.
5.0 Training Services
Service Provider shall provide the Training Services,if any,described in an Exhibit B.
6.0 Audit Rights of Service Provider
Service Provider reserves all rights to conduct an on-premises audit of Subscriber's compliance with the use of the Services
with a ten (10) day written notice. No more than once annually, Service Provider shall have the right to request from
Subscriber its certification of compliance with the permitted number of Authorized Users set forth on Exhibit A.Where the
actual number of users exceeds the permitted number of Authorized Users,Subscriber,at Subscriber's sole election shall,
within thirty(30)business days:(a)reduce the actual number of users so as to be in compliance with the permitted number
of Authorized Users in which case no additional Services Fees shall be due to Service Provider; or, (b) license the
appropriate number of Authorized Users at the rate specified in the Exhibit A so as to be in compliance with the permitted
number of Authorized Users.
7.0 Terms
Unless this Agreement is terminated earlier in accordance with the terms set forth herein,the initial term of the Agreement
and all Exhibits attached herein shall commence upon signing of this Agreement and continue until the end of Initial Term
listed in Exhibit B. Following the Initial Term and unless otherwise terminated as provided for in this Agreement, this
Agreement shall automatically renew for successive one(1)year terms(each,a"Renewal Term").
7.1 Termination for Convenience
Without limiting the right of a party to terminate this Agreement as provided for in this Agreement, either party may
terminate this Agreement for convenience upon thirty(30)days prior written notice to the other party after the Initial
Term specified in Exhibit B.
7.2 Termination for Cause
If either party materially breaches any of its duties or obligations hereunder and such breach is not cured,or the breaching
party is not diligently pursuing a cure to the non-breaching party's sole satisfaction, the non-breaching party may
immediately terminate this Agreement for cause as of a date specified in such notice.
7.3 Payments upon Termination
Upon the termination of this Agreement,Subscriber shall pay to Service Provider all amounts due and payable hereunder,
if any. If the Agreement is terminated by the Service Provider,for convenience,or by the Subscriber,for cause,Service
Provider shall refund to Subscriber all prepaid fees,if any.
Appendix 1 Page 13
IBTS/MARC MASTER AGREEMENT
GOVmotus Terms and Software Agreement—Appendix 1
Upon early termination by Service Provider,for cause,or by Subscriber,for convenience,Subscriber shall pay the Early
Termination Fees described in Exhibit A. Early Termination Fees will be invoiced immediately to the Subscriber and
payment shall be rendered within 30 days of receipt Should Subscriber fail to pay the Early Termination Fees, Service
Provider shall add the appropriate interest to the fees due,and may utilize any legal means necessary to collect fees from
Subscriber. Early Termination Fees are only applicable if this Agreement is terminated within the Initial Term of this
Agreement beginning on the date signed.After the Initial Term, upon termination,Service Provider shall be paid costs
incurred and fees earned to the date of termination plus reasonable costs of closing the project
If the Subscriber subscribed to a monthly subscription package,the Early Termination Fees shall be based on the entire
fees for the Initial Term.If the Subscriber signed up for a single subscription fee package,the total amount shown in Exhibit
A shall be used as a basis to calculate the Early Termination Fees.
7.4 Return of Subscriber Data
Upon the termination of this Agreement,Service Provider shall within thirty(30)business days following the termination
of this Agreement provide Subscriber,without charge and without any conditions or contingencies whatsoever(including
but not limited to the payment of any fees due to Service Provider), with a final extract of the Subscriber Data in a
Microsoft@ compatible database format specified by Subscriber.Further,Service Provider shall certify to Subscriber the
destruction of any Subscriber Data within the possession or control of Service Provider but such destruction shall occur
only after the Subscriber Data has been returned to Subscriber.This Section shall survive the termination of this Agreement
7.5 Delivery of GOVmotusTM Programs
Service Provider shall use its best efforts to deliver the GOVmotus" Programs promptly after receipt and payment of
subscription.Configuration and delivery of the GOVmotus' Programs are called out in Exhibit A,unless other configuration
and delivery schedules are agreed upon due to customization and or integration services.
8.0 Transition Services
Provided that this Agreement has not been terminated by Service Provider due to Subscriber's failure to pay any undisputed
amount due Service Provider,Service Provider will provide to Subscriber and/ or to the service provider selected by
Subscriber(such service provider shall be known as the"Successor Service Provider")assistance reasonably requested by
Subscriber to effect the orderly transition of the Services,in whole or in part,to Subscriber or to Successor Service Provider
(such assistance shall be known as the"Transition Services")following the termination of this Agreement
The Transition Services shall be provided on a time and materials basis and may include: (a) developing a plan for the
orderly transition of the terminated Services from Service Provider to Subscriber or Successor Service Provider; (b) if
required,transferring the Subscriber Data to Successor Service Provider;(c)using commercially reasonable efforts to assist
Subscriber in acquiring any necessary rights to legally and physically access and use any third-party technologies and
documentation then being used by Service Provider in connection with the Services; (d) using commercially reasonable
efforts to make available to Subscriber,pursuant to mutually agreeable terms and conditions,any third-party services then
being used by Service Provider in connection with the Services;and,(e)such other activities upon which the parties may
agree.
Notwithstanding the foregoing,should Subscriber terminate this Agreement due to Service Provider's material breach,
Subscriber may elect to use the Services for a period of no greater than three(3)months from the date of termination at a
reduced rate of ten(10%)percent off of the then-current Subscription and Maintenance Fees for the terminated Services.
All applicable terms and conditions of this Agreement shall apply to the Transition Services.This Section shall survive the
termination of this Agreement
9.0 Fees and Billing
Subscriber shall be responsible for and shall pay to Service Provider the fees as further described in Exhibit A.Any sum due
Service Provider for the Services for which payment is not otherwise specified shall be due and payable thirty(30)business
days after receipt by Subscriber of an invoice from Service Provider.Unless otherwise agreed to by the parties,Subscriber
will not be given access to the Service until payment has been received.
Appendix 1 Page 14
IBTS/MARC MASTER AGREEMENT
GOVmotus Terms and Software Agreement—Appendix 1
9.1 Credit Card Usage
Subscriber may elect to pay subscription fees,including monthly,annual or other renewals by use of a credit or pay card.
In such event,Subscriber agrees to provide Service Provider with complete and accurate billing and contact information.
Subscriber agrees to update this information within thirty(30)days of any change to it If the credit information you have
provided is false or fraudulent,or Subscriber's account is seven(7)days or more overdue,in addition to any other legal
remedies,Service Provider reserves the right to suspend access to the Service. Despite any such suspension,Subscriber
acknowledges and agrees that it will be required to pay the fees until this Agreement is terminated in accordance with the
termination provisions set forth herein.Subscriber may withdraw its consent to installment charges or recurring charges
(if any) at any time by providing Service Provider at least 30-days advance written notice, and making alternative
arrangements for payment to be made no later than the same respective charge dates.Subscriber represents that it is the
card holder of the Credit Card and authorized to provide this authorization.
If a credit card is declined,Service Provider will notify Subscriber via the email address on record.If Subscriber misses a
payment,Service Provider may notify Subscriber by phone or mail,but has no obligation to do so.A declined or expired
credit card does not constitute valid termination notice and does not relieve Subscriber of any payment(s)owed.
9.2 Taxes
Service Provider represents and warrants that it is an independent contractor for purposes of federal,state,and local taxes.
Service Provider agrees that Subscriber is not responsible to collect or withhold any such taxes, including income tax
withholding and social security contributions,for Service Provider or its employees.Any and all taxes,interest,or penalties,
including any federal, state, or local withholding or employment taxes, imposed, assessed, or levied as a result of this
Agreement shall be paid or withheld by Service Provider.
Service Provider is responsible for payment of all applicable taxes on the funds to be received under this Agreement Service
Provider's Federal Tax Identification Number is 54-1963889.
9.3 Credits
Any amounts due to Subscriber,such as a Performance Credit,from Service Provider may be applied by Subscriber,at the
sole election of Subscriber,against any current or future fees due to Service Provider.Any such amounts that are not so
applied by Subscriber shall be paid to Subscriber by Service Provider within thirty(30)calendar days following Subscriber's
request This Section shall survive the termination of this Agreement
9.4 Non-binding Terms
Any terms and conditions included in a Subscriber purchase order or a Service Provider invoice,as the case may be,shall
be deemed to be solely for the convenience of the respective party,and no such term or condition shall be binding upon the
parties.
9.5 No Suspension of Services
Service Provider shall not suspend any part of the Services where:(a)Subscriber is reasonably disputing any amount due
to Service Provider;or,(b)any unpaid but undisputed amount due to Service Provider is less than sixty(60)business days
in arrears.
9.6 Interest on Overdue Accounts
All amounts due and owed to the Service Provider hereunder but not paid by the Subscriber on the due date thereof shall
bear interest at the rate of ten per cent(10%)per annum.Such interest shall accrue from time to time on the balance of
unpaid amounts outstanding from the date on which portions of such amounts become due and owing until payment
thereof in full.
10.0 Representations and Warranties
Both the Subscriber and Service Provider mutually agree,represent and warrant that:
a) it is an organization duly incorporated, validly existing, and in good standing under the laws of its state of
incorporation;
b) it has all requisite corporate power,financial capacity,and authority to execute,deliver,and perform its obligations
under this Agreement;
Appendix 1 Page 15
IBTS/MARC MASTER AGREEMENT
GOVmotus Terms and Software Agreement—Appendix 1
c) the execution, delivery, and performance of this Agreement has been duly authorized by it and this Agreement
constitutes the legal,valid,and binding agreement of it and is enforceable against it in accordance with its terms,
except as the enforceability thereof may be limited by bankruptcy, insolvency, reorganizations,moratoriums,and
similar laws affecting creditors'rights generally and by general equitable principles;
d) it shall comply with all applicable federal,state,local,or other laws and regulations applicable to the performance
by it of its obligations under this Agreement and shall obtain all applicable permits and licenses required of it in
connection with its obligations under this Agreement;and,
e) there is no outstanding litigation, arbitrated matter or other dispute to which it is a party which, if decided
unfavorably to it,would reasonably be expected to have a potential or actual material adverse effect on its ability
to fulfill its obligations under this Agreement.
11.0 Subscriber Data
Subscriber's data("Subscriber Data,"which shall also be known and treated by Service Provider,when applicable,as Public
Records according to local,state and federal laws)may include:(a)Subscriber's data collected,used,processed,stored,or
generated as the result of the use of the Services; and, (b) personally identifiable information ("PII") collected, used,
processed,stored,or generated as the result of the use of the Services,including,without limitation,any information that
identifies an individual,such as an individual's social security number or other government-issued identification number,
date of birth,address,telephone number,biometric data,mother's maiden name,email address,credit card information,or
an individual's name in combination with any other of the elements listed herein.Subscriber Data is and shall remain the
sole and exclusive property of Subscriber and all right,title,and interest in the same is reserved by Subscriber.This Section
shall survive the termination of this Agreement
11.1 Service Provider Use of Subscriber Data
Service Provider is granted a limited license to use Subscriber Data for the sole and exclusive purpose of providing the
Services, including a license to collect,process, store,generate, and display Subscriber Data to the extent necessary in
providing the Services.Service Provider shall:(a)keep and maintain Subscriber Data in strict confidence,using such degree
of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to
avoid unauthorized access, use, disclosure, or loss; (b) use and disclose Subscriber Data solely and exclusively for the
purpose of providing the Services,such use and disclosure being in accordance with this Agreement,and applicable law;
and,(c)not use,sell,rent,transfer,distribute,or otherwise disclose or make available Subscriber Data for Service Provider's
own purposes or for the benefit of anyone other than Subscriber without Subscriber's prior written consent This Section
shall survive the termination of this Agreement
11.2 Extraction of Subscriber Data
Service Provider shall,within fourteen(14)business days of Subscriber's request,provide Subscriber,without charge and
without any conditions or contingencies whatsoever(including but not limited to the payment of any fees due to Service
Provider),an extract of the Subscriber Data in a Microsoft®database compatible format specified by Subscriber no more
often than once a quarter.
11.3 Backup and Recovery of Subscriber Data
As a part of the Services,Service Provider is responsible for maintaining a backup of Subscriber Data and for an orderly and
timely recovery of such data in the event that the Services may be interrupted.Unless otherwise described in an Exhibit A,
Service Provider shall maintain a contemporaneous backup of Subscriber Data that can be recovered within twenty-four
(24) hours at any point in time. Any backups of Subscriber Data shall not be considered in calculating storage used by
Subscriber.
Appendix 1 Page 16
IBTS/MARC MASTER AGREEMENT
GOVmotus Terms and Software Agreement—Appendix 1
11.4 Loss of Data
In the event of any act,error or omission,negligence or misconduct by Service Provider that compromises or is suspected
to compromise the security,confidentiality,or integrity of Subscriber Data,Service Provider shall,as applicable:(a)notify
Subscriber as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b)
cooperate with Subscriber in investigating the occurrence,including making available all relevant records,logs,files,data
reporting,and other non-proprietary materials requested by Subscriber;(c)in the case of PII,at Subscriber's sole election,
(i)notify the affected individuals who comprise the PII as soon as practicable but no later than is required to comply with
applicable law,or,in the absence of any legally required notification period,within five(5)calendar days of the occurrence;
or,(ii)reimburse Subscriber for any costs in notifying the affected individuals; (d) in the case of PII,provide third-party
credit and identity monitoring services to each of the affected individuals who comprise the PH for the period required to
comply with applicable law,or, in the absence of any legally required monitoring services,for no less than twelve (12)
months following the date of notification to such individuals;(e)perform or take any other actions required to comply with
applicable law as a result of the occurrence. Notification to affected individuals,as described above,shall comply with
applicable law,be written in plain language,and contain,at a minimum:name and contact information of Service Provider's
representative;a description of the nature of the loss;a list of the types of data involved;the known or approximate date of
the loss; how such loss may affect the affected individual;what steps Service Provider has taken to protect the affected
individual;what steps the affected individual can take to protect himself or herself,contact information for major credit
card reporting agencies;and,information regarding the credit and identity monitoring services to be provided by Service
Provider.This Section shall survive the termination of this Agreement
12.0 Non-Disclosure of Confidential Information
The parties acknowledge that each party may be exposed to or acquire communication or data of the other party that is
confidential,privileged communication not intended to be disclosed to third parties. For the purposes of this Agreement,
the term"Confidential Information"shall mean all information and documentation of a party that: (a)has been marked
"confidential"or with words of similar meaning,at the time of disclosure by such party;(b)if disclosed orally or not marked
"confidential" or with words of similar meaning, was subsequently summarized in writing by the disclosing party and
marked "confidential" or with words of similar meaning; and, (c) should reasonably be recognized as confidential
information of the disclosing party. The term "Confidential Information" does not include any information or
documentation that was: (a)already in the possession of the receiving party without an obligation of confidentiality, (b)
developed independently by the receiving party,as demonstrated by the receiving party,without violating the disclosing
party's proprietary rights; (c) obtained from a source other than the disclosing party without an obligation of
confidentiality; (d) publicly available when received, or thereafter became publicly available (other than through any
unauthorized disclosure by,through,or on behalf of,the receiving party);or(e)a "public record". For purposes of this
Agreement,in all cases and for all matters,PII shall be deemed to be Confidential Information.
12.1 Obligation of Confidentiality
The parties agree to hold all Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or
otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or
subcontractors of a party who have a need to know in connection with this Agreement or to use such Confidential
Information for any purposes whatsoever other than the performance of this Agreement The parties agree to advise and
require their respective employees,agents,and subcontractors of their obligations to keep all Confidential Information
confidential.The provision of this Section shall survive the termination of this Agreement
13.0 Proprietary Rights
Subscriber recognizes that Service Provider regards the GOVmotus'"' Programs as its proprietary information and has
confidential trade secrets of great value.Subscriber agrees not to provide,give access to or to otherwise make available in
any form the GOVmotus'"Programs,or any portion thereof,to any person other than employees of Subscriber without the
prior written consent of Service Provider.Subscriber further agrees to treat the GOVmotus'"' Programs with at least the
same degree of care with which Subscriber treats its own confidential information and in no event with less care than is
reasonably required to protect the confidentiality of the GOVmotus'Programs.
Appendix 1 Page 17
IBTS/MARC MASTER AGREEMENT
GOVmotus Terms and Software Agreement—Appendix 1
Subscriber acknowledges that, in the course of performing the Services,Service Provider may use software and related
processes,instructions,methods,and techniques that have been previously developed by Service Provider(collectively,the
"Pre-existing Materials,"which shall include the Services)and that the same shall remain the sole and exclusive property
of Service Provider.
Except as expressly set forth herein, no license is granted by the Service Provider to the Subscriber with respect to the
Confidential Information or Pre-existing Materials. Nothing in this Agreement shall be construed to grant to the Subscriber
any ownership or other interest,in the Confidential Information or Pre-existing Materials,except as maybe provided under
a license specifically applicable to such Confidential Information or Pre-existing Materials.The provisions of this Section
shall survive the termination of this Agreement
13.1 Proprietary Rights and Mutual Indemnification
Service Provider agrees to indemnify, defend, and hold the Subscriber harmless from and against any and all Claims,
including reasonable attorneys'fees,costs,and expenses incidental thereto,which maybe suffered by,incurred by,accrued
against charged to, or recoverable from Subscriber, by reason of any Claim arising out of or relating to the Services
infringing or misappropriating any United States or foreign patent copyright trade secret trademark,or other proprietary
right of third parties. In the event that Service Provider is enjoined from providing the Services and such injunction is not
dissolved within thirty (30) calendar days, or in the event that Subscriber is adjudged, in any final order of a court of
competent jurisdiction from which no appeal is taken,to have infringed upon or misappropriated any patent copyright
trade secret trademark,or other proprietary right in the access or use of the Services,then Service Provider shall,at its
expense:(a)obtain for Subscriber the right to continue using such Services;(b)replace or modify such Services so that they
do not infringe upon or misappropriate such proprietary right and is free to be used by Subscriber;or,(c)in the event that
Service Provider is unable or determines,in its reasonable judgment that it is commercially unreasonable to do either of
the aforementioned,Service Provider shall reimburse to Subscriber any prepaid fees and the full cost associated with any
Transition Services.
Subscriber agrees to defend,indemnify and hold Service Provider,and its directors,officers,employees,agents,contractors,
and licensors harmless from any claim or demand,including reasonable attorneys'fees,made by a third party,relating to
or arising from:(a)any content Subscriber submits,posts,transmits,or otherwise make available through the Service;(b)
Subscribers use of the Service;(c)any violation by Subscriber of this Agreement,(d)any action taken by Service Provided
as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation
of this Agreement has occurred;or(e)Subscribers violation of any rights of another.
13.2 Indemnification Procedures
Promptly after receipt by Subscriber of a threat notice,or filing of any Claim against an Indemnitee,Subscriber shall give
notice thereof to Service Provider, provided that failure to give or delay in giving such notice shall not relieve Service
Provider of any liability it may have to the Subscriber except to the extent that Service Provider demonstrates that the
defense of the Claim is prejudiced thereby. Service Provider shall have sole control of the defense and of all negotiations
for settlement of a Claim and Subscriber shall not independently defend or respond to a Claim;provided,however,that:(a)
Subscriber may defend or respond to a Claim,at Service Provider's expense,if Subscriber's counsel determines,in its sole
discretion, that such defense or response is necessary to preclude a default judgment from being entered against an
Indemnitee;and,(b)Subscriber shall have the right at its own expense,to monitor Service Provider's defense of a Claim.
At Service Provider's request Subscriber shall reasonably cooperate with Service Provider in defending against or settling
a Claim;provided,however,that Service Provider shall reimburse Subscriber for all reasonable out-of-pocket costs incurred
by Subscriber(including,without limitation,reasonable attorneys'fees and expenses)in providing such cooperation.
14.0 Disclaimer of Warranties
To the maximum extent permitted by applicable law,in no event shall Service Provider be liable for any special,incidental,
punitive,indirect,or consequential damages whatsoever,even if Service Provider has been advised of the possibility of such
damages by the Subscriber. Except as otherwise expressly set forth in this Agreement, Service Provider's liability for
damages arising out of this Agreement whether based on a theory of contract or tort including negligence and strict
liability,shall be limited to the lesser of(A)Subscriber's actual direct damages,or(B)the then current annual subscription
fees and maintenance fees paid by Subscriber under this Agreement The fees set forth in this Agreement have been
established in reliance upon this limitation of liability.The foregoing limitation of liability shall not apply to claims that are
subject to the indemnification provisions of Sections 13.1 and 13.2.
Appendix 1 Page 18
1BTS/MARC MASTER AGREEMENT
GOVmotus Terms and Software Agreement—Appendix 1
15.0 Insurance
Service Provider shall maintain,during the life of the Agreement such Commercial General Liability Insurance which shall
protect Service Provider,and any Subcontractors during the performance of work covered by the Agreement from claims
or damages for personal injury, including accidental death,as well as for claims for property damages,which may arise
from operations under the Agreement whether such operations be by Service Provider or by a Subcontractor,or by anyone
directly or indirectly employed by either.In the absence of specific regulations,the amount of coverage shall be as follows:
Commercial General Liability Insurance,including bodily injury,property damage and liability,with combined single limits
of$1,000,000;Errors and Omissions Insurance in an amount not less than$1,000,000.Upon request,Service Provider will
submit copies of insurance certificates.
16.0 Applicable Law
This Agreement will be governed and construed in accordance with the laws of the Commonwealth of Virginia exclusive of
its choice of law provisions and without the application of the Uniform Computer Information Transactions Act Any suit
hereunder will be brought in the federal or state courts located in the Commonwealth of Virginia,and Subscriber submits
to the personal jurisdiction thereof.The parties agree that the United Nations Convention on Contracts for the International
Sale of Goods shall not apply to this Agreement
17.0 Agreement Exhibits
Exhibits A,B,and C as attached herein are fully implemented and a part of this Agreement and shall be fully in force at
signing of the Agreement and shall terminate in accordance with this Agreement
IN WITNESS WHEREOF,the parties have executed this Agreement as of this_day of 201?
For HITS: For Subscriber: �/
Printed Name: Printed Name: Tl- �Qyn "KoSe
Title: Title:
Signature: Signature:
Date: Date:
Appendix 1 Page 19
i
Exhibit -Work Authorization Affidavit
STATE OF VIRGINIA )
)as.
COUNTY OF LOUDOUN )
As used in this Affidavit,the following terms shall have the following meanings:
EMPLOYEE: Any person performing work or service of any kind or character for hire within
the State ofMissouri.
FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work
authorization programs operated by the United States Department of Homeland Security or an
equivalent federal work authorization program operated by the United States Department of
Homeland Security to verify information of newly hired employees,under the Immigration
Reform and Control Act of 1986(IBCA),P.L.99-603.
KNOWINGLY: A parson acts knowingly or with knowledge,(a)with respect to the person's
conduct or to attendant circumstances when the person is aware of the nature of the person's
conduct or that those circumstances exist;or(b)with respect to a result ofthe person's conduct
when the person is aware that the person's conduct is practically certain to cause that result.
UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under
federal law to work in the United States,as defined in 8 U.S.C. 1324a(h)(3).
BEFORE ME,the undersigned authority,personally appeared Christopher Fennell who,
being duly sworn,states on his oath or affirmation as follows:
1.Myn Se is Christopher Fennell and I am currently the awwd=d si�toxy of
o
(hereinafter"Contractor"),whose business address is
45207 Research Place Ashburn.VA 20147 and 1 am authorized to make this
Affidavit
2.1 am of sound mind and capable of making this Affidavit'and am personally acquainted with
the facts stated herein.
3.Contractor is enrolled in and participates in a federal work authorization program with respect
to the employees working regarding the MARC/IBTS Project("contracted
services")contracted between Contractor and Riverside.
4. Contractor does not knowingly employ any person who is an unauthorized alien regarding the
contracted services set forth above.
Chnstonher Fennell
Affiaut/Contractor Printed Name
Subscri'tled and sworn to before me this 12th day of March 2018.
4 aZOXVMA, i
TioqvMiQWNotary Public
SEAL Tracye Boegner
Commonwenlih of Virglnla
Notary Public
Commission No.7207687
My Commission Expires 519112020
SUPERSEDING ADDENDUM
L This superseding addendum is made and entered this_day of 2018,by and
between the City of Riverside, Missouri ("City") and institute for Building Technology
and Safety("IBTS'j.
2. This superseding addendum form is hereby made a part of the Service Agreement
("AgrcemcnO by and between the parties, modifying and superseding where it is
inconsistent.All other conditions of the Agreement remain unchanged.
3. Pursuant to RSMo 285.530(1), by its sworn affidavit in accordance with the attached
Exhibit, IBTS hereby affirms its enrollment and participation in a federal work
authorization program with respect to the employees working regarding the contracted
services. Furthermore,IBTS affirms that it does not knowingly employ any person who is
an unauthorized alien regarding the contracted services,
4. Section 7.0,Term of Agreement,is hereby amended to read as follows:
This initial two-year Service Agreement term shall begin on .462-0 , 2018,
and shall end on jc 6 M ,2020. Services provided by IBTS will be on an as-
needed,if-needed basis.
5. Section 13.0,Dispute Resolution,is deleted.
6. This Agreement shall not be deemed to create any third-party benefit hereunder for any
member of the public or to authorize any one,not a party hereto,to maintain suit pursuant
to the terms of this Agreement
MTS: City o Riverside,Missouri:
Name Ca+2�4ctseetbtzt t Name: �4TFF E L
Title.• Z--tYA U Title: A D(Z-
Date:
i
Date:
I
I
i
j