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HomeMy WebLinkAbout25-167 Resolution No. 25-167 RESOLUTION AUTHORIZING EXECUTION OF A PURCHASE AGREEMENT WITH SEVEN HILLS TECHNOLOGY, LLC FOR PROFESSIONAL SERVICES IN CONNECTION WITH WEB PORTAL SUPPORT AND MOBILE APPLICATION REDESIGN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute a Purchase Agreement on behalf of the City of Elgin with Seven Hills Technology,LLC,for professional services in connection with web portal support and mobile application redesign, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: September 24, 2025 Adopted: September 24, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk PURCHASE AGREEMENT THIS AGREEMENT is hereby made and entered into this 24th day of September , 2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and Seven Hills Technology, LLC, an Ohio limited liability company authorized to do business in the State of Illinois(hereinafter referred to as"Seller"). NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the Parties hereto hereby agree as follows: 1. PURCHASE. City shall purchase and Seller shall sell the goods and/or services to the City described in the four (4) page proposal prepared by Seller, dated August 4, 2025, attached hereto and made a part hereof as Attachment A. 2. TERMS. This Agreement shall be subject to the terms and conditions contained herein and as provided by Attachment A,which is attached hereto and made a part hereof. In the event of any conflict between any of the terms and provisions of this Agreement and Attachment A,the terms and provisions of this Agreement shall supersede and control. 3. TERMINATION. This Agreement shall become effective as of the date first set forth above and, unless terminated for cause or as provided for herein, shall terminate one year from such effective date. The foregoing notwithstanding,the City may terminate this Agreement at any time and for any reason upon thirty (30) days written notice to the Seller, without penalty or any further obligation hereunder. In the event the Agreement is so terminated,the Seller shall be paid for services actually performed prior to termination in accordance with Attachment A. 4. LAW/VENUE. This Agreement is subject to and governed by the laws of the State of Illinois.Venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this Agreement shall be the Circuit Court of Kane County, Illinois. Seller hereby irrevocably consents to the jurisdiction of the Circuit Court of Kane County,Illinois for the enforcement of any rights, the resolution of any disputes and/or for the purposes of any lawsuit brought pursuant to this Agreement or the subject matter hereof; and Seller agrees that service by first class U.S. mail to Seven Hills Technology, LLC, 4010 Executive Park Dr, STE 420, Cincinnati, OH 45241, shall constitute effective service. The parties hereto waive any rights to a jury. 5. NO MODIFICATION. There shall be no modification of this Agreement,except in a writing instrument executed by both Parties with the same formalities as the original Agreement. 6. MERGER. This Agreement embodies the whole Agreement of the Parties. There are no promises, terms, conditions or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations or Agreements, either verbal,written or implied between the Parties hereto. 1 7. INTEREST. Seller hereby waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement, and waives any and all such rights to interest to which it may otherwise be entitled pursuant to law, including, but not limited to, pursuant to the Local Government Prompt Payment Act (50 ILCS 505/1, et seq.), as amended, or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 8. SEVERABILITY. The terms of this Agreement shall be severable. In the event any of the terms or the provisions of this Agreement are deemed to be void or otherwise unenforceable for any reason,the remainder of this Agreement shall remain in full force and effect. 9. COMPLIANCE WITH LAW. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood that in connection with the performance of this Agreement, Seller shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage,workplace safety, nondiscrimination and legal status of employees. 10. COUNTERPARTS AND EXECUTION. This Agreement may be executed in counterparts,each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically, and any signed copy of this Agreement transmitted by facsimile machine, email, or other electronic means shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by facsimile machine,email,or other electronic means shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. 11. PAYMENT. City shall pay the amount of$600.00 per month for a period of twelve (12) months for support services from the Seller. In addition, City shall pay $130 per hour for development services from the seller. Per Attachment A,such development services are estimated at twenty(20)hours per month,such that the monthly amount of development services is estimated to be$2,600 per month for a period of eight(8)months.Unused or overused hours for development services may be carried into a following period upon verbal approval by both parties. The City shall also pay the total sum of Fifty-Nine Thousand Five Hundred Twelve Dollars ($59,512.00) for a full redesign of its mobile application as described in Attachment A. The total amount to be paid to Seller under this Agreement is an amount not to exceed the total sum of Eighty Seven Thousand Five Hundred Twelve Dollars($87,512.00). The monthly amounts to be paid to Seller under this Agreement shall be paid within thirty(30)days of City's receipt of invoice from Seller. The City of Elgin is a tax-exempt governmental entity. 12. LIMITATION OF DAMAGES. In no event shall City be liable for any monetary damages in excess of the purchase price contemplated by this Agreement. In no event shall City be liable for any consequential, special or punitive damages, or any damages resulting from loss of profit. 13. INDEMNIFICATION. To the fullest extent permitted by law, Seller agrees to and shall indemnify, and hold harmless the City,its officers,employees,boards and commissions 2 from and against any and all claims, suits,judgments, costs, attorney's fees, damages or any and all other relief or liability arising out of or resulting from or through or alleged to arise out of any acts or negligent acts or omissions of Seller or Seller's officers, employees, agents or subcontractors in the performance of this Agreement, including but not limited to, all goods delivered or services or work performed hereunder. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify and hold harmless,such action shall be defended by legal counsel of the City's choosing. 14. WARRANTY. All applicable warranties, including but not limited to any and all applicable manufacturer's warranties, warranties of merchantability, and warranties of fitness for a particular purpose, are included as part of this Agreement, and shall apply to all goods, accessories,components, and services to the benefit of the City. 15. RELATIONSHIP BETWEEN THE PARTIES. This Agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the Parties hereto. 16. WAIVER. Neither party hereto shall be responsible for any consequential, indirect,punitive or incidental damages for any reason whatsoever.Any delay or failure to enforce any rights by either party arising out of or pursuant to this Agreement shall not constitute,and shall not be construed as,a waiver of any such rights. 17. LIMITATION OF ACTIONS. The Parties hereto agree that any action by the Seller arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred. 18. TIME IS OF THE ESSENCE. Time is of the essence of this Agreement. 19. NONDISCRIMINATION.The Seller will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, ancestry, order of protection status, familial status, marital status, physical or mental disability, military status,sexual orientation,or unfavorable discharge from military service which would not interfere with the efficient performance of the job in question. The Seller will take affirmative action to comply with the provisions of Elgin Municipal Code Section 5.02.040 and will require any subcontractor to submit to the City a written commitment to comply with those provisions. The Seller will distribute copies of this commitment to all persons who participate in recruitment, screening,referral and selection of job applicants, prospective job applicants,and subcontractors. The persons signing this Agreement certifies that s/he has been authorized by the Seller to commit the Seller contractually and has been authorized to execute this Agreement on its behalf. SIGNATURE PAGE FOLLOWS 3 IN WITNESS WHEREOF, the Parties have hereto set their hands the day and year first above written. SEVEN HILLS TECHNOLOGY, LLC CI LGIN Brian Adams 40,7° 7' Pr ame Richard G. Kozal, City Manager 5 /4daexts Attest: Signature CEO A -1/4Z) Title City Clerk Legal Dept\Agreement\Seven Hills Technology Purchase Agr-Support and Mobile App Redesign-9-4-25 docx 4 S V INI3LIIHDV.L.LV q:r. Seven Hills technology City of Elgin Mobile Redesign & Support Agreement 08.04.25 Impactful Technology, Hands-on Collaboration , Good People. Created by: Prepared for: Jordan Cole Rick Kozal Seven Hills Technology City of Elgin Scope Mobile App Redesign Seven Hills Technology will modernize the City of Elgin mobile app with a complete redesign, updating navigation, layouts, and all major workflows such as authentication, 311 requests, and utility billing. A major focus of this upgrade is a robust news feed, bringing together updates from CivicPlus, Police, Parks & Rec, and other sources into one easy-to-access hub on mobile devices. The web portal will keep its current design but be updated to include this same news feed along with new admin tools for managing articles, events, FAQs, and notifications. User Management • Update profile management, notification settings, and account preferences. 311 kuyutss • Apply the new design to case submission, status tracking, photo/video uploads, and chat. • Enable push notifications for case updates. Utility Billing& Payments • Modernize billing screens for viewing bills, managing payment methods, AutoPay, and alerts. News&Communications • Add a mobile news feed from city sources with filtering, multilingual support, and sharing links. Web Portal Enhancement, • Add admin tools for articles, FAQs, and events. • Integrate the same news feed on web. Hmin Features • Allow staff to manage content, toggle visibility, and send urgent notifications. Ongoing ueveloprrrent & Support • Application hosting • Standard business hours phone and email tech support • Server operating system patches • Bug fixes • Ongoing development • Proactive monitoring and alerting Since the City of Elgin has their own Azure Subscription, we will not be providing the hosting for the portal. However, the portal does utilize Elastic, for which Seven Hills Technology will provide hosting. For development services, the hours are allotted for work on the City of Elgin portal for items such as bug fixes, feature development, or pair programming with City of Elgin internal team. Additional development time can be added per month and will be billed at $130/hr. Page 2 of 4 (fin-site Visit to City Mall Two members of our team will travel to Elgin to facilitate live user testing and gather direct citizen feedback. Facilitated Feedback Sessions We'll engage with residents to walk through the mobile app prototype, gather impressions, identify usability issues, and document feature requests. Facilitate guided discussions with internal City of Elgin staff to align on key decisions for the mobile app redesign. -alysis & Summary of Finr" After the session, we'll compile insights and recommendations based on community feedback to inform future iterations of the app. Duration The mobile app redesign will commence on September 1, 2025, and will be completed as quickly as possible with an expected completion timeline of approximately 3 months with 1 full-time developer. 502444...:0r1 U.W. $ 2..2000 2025 "�rwe W W OS W 00 04 10 11 ll 11 N 11 Ir 14 II]] ].]S N Pv 10 01 W 03 00 O,W V, 10 U 14 15 10 V A 21 CS])N L Sb 21 20 51 01 W 05 W W 10 11 12 11 L N U n 1 1 3 1121.-4-I.0420... Fyn.Fbe, llrsuw:i..:; 4.42 nan si ...F.P.. ;..r. 111M1111=111111111111111 M"iF[. BYE wy.VW.Wwn rw =it wy.V:.r.un wp =11 hen... �yNyFr_ Support will begin on September 1, 2025, with a duration of 1 year. The block of support development hours will begin January 1st, 2026 with a duration of 8 months. Page 3 of 4 Your investment Name Rate Hours I Support $600.00 1 12 $7,200.00 Elastic Hosting and Service Fee-Flat Monthly Fee Support - Development $130.00 20 8 $20,800.00 Bug fixes at portal deveioprnent hours Mobile App Redesign $59,512.00 1 1 $59,512.00 The mobile app will be fully redesigned with a new news feed, while the web portal gains matching news features and admin tools for content management. Total $87,512.00 Billing Details Invoices are sent once a month and the payment terms are NET 30. The support will be billed $600/month starting September 1st 2025. In addition, a block of support development hours will be billed at $2,600/month starting January 1, 2026. Any unused or overused hours may roll into the following month with verbal approval from both parties. Three The mobile app redesign will be billed separately from the support agreement in four equal payments of $19,837.33 each, invoiced on Sept1, Oct1, Nov12025. Brian Adams Rick Kozal Seven Hills Technology City of Elgin Richard G. Koeat 01 / 30 / 2025 08 / 04 / 2025 Page 4 of 4