HomeMy WebLinkAboutContract 53499-A5CITY SECRETARY CONTRACT NO.53499-A5
AMENDMENT 5 TO CITY SECRETARY CONTRACT NO. 53499
This Amendment is executed by and between the City of Fort Worth (hereafter "City")
and Benevate, Inc. (hereafter "Vendor"). City and Vendor are each individually referred to herein
as a "Party" and collectively as the "Parties."
WHEREAS, the Parties entered into City of Fort Worth City Secretary Contract No. 53499
(the "Contract") on February 4, 2020;
WHEREAS, the Parties are currently in their third renewal term of the Contract, which
expires on February 4, 2024;
WHEREAS, the Contract and the subsequent renewals and amendments were executed
for Vendor to provide the City with software for the enrollment, qualification, administration and
reporting of the programs listed in Exhibit A of Renewal 3 executed January 9, 2024.
WHEREAS, the Parties now wish to add the City's Community Action Partner (CAP)
program to the Contract as well as additional users to the City's portal.
NOW, THEREFORE, City and Vendor acting herein by and through their duly
authorized representatives, enter into the following agreement to amend the contract:
1. Exhibit A, Services Statement of Work, is hereby deleted and replaced with the
amended Exhibit A, attached hereto and incorporated by reference.
2. The CAP program is hereby added to the list of programs serviced under the
Agreement.
3. The total cost for implementation of the CAP Program is $6,000.00. $3,000.00 for
the base charge and $3,000.00 for the rushed implementation fee charged to ensure
that implementation is completed by February 4, 2024.
4. For the period of January 8, 2024, through February 4, 2024, five (5) additional
users will be added to the City's portal, free of charge. This will bring the total
number of users in the City's portal to fifty-five (55).
5. Beginning February 5, 2024, all users will be charged based on the annual rate of
$1,500.00 per user (to be addressed in Renewal 4).
6. All payments shall be made in accordance with the terms of the Contract.
7. In all other respects, the Contract is affirmed and ratified and, except as expressly
modified herein, all terms and conditions of the Contract shall remain in full force
and effect.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACCEPTED AND AGREED:
By: Name: Fernando Fernando Costa
Title: Assistant City Manager
Date: Jan 9, 2024
APPROVAL RECOMMENDED:
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By:
Name: Victor Turner
Title: Neighborhood Services Director
ATTEST:
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By:
Name: Jannette Goodall
Title: City Secretary
VENDOR: Benevate
By;
Name: J. Jason Rusnak
Title: President
Date: January 9, 2024
CONTRACT COMPLIANCE
MANAGER:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
By:
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Name: Terrance Jones
Title: Neighborhood Services Manager
APPROVED AS TO FORM AND LEGALITY:
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Name: Jessika J. Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 22-0115
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
AMENDED EXHIBIT A
Services Statement of Work
1. SaaS Services Description. Company will provide Customer with hosted software for
the enrollment, qualification, administration and reporting of the following programs:
(1) Lead Safe (Original Contract)
(2) Priority Repair (Original Contract)
(3) House Weatherization (Original Contract)
(4) Healthy Homes 4 Heroes (Original Contract)
(5) Apartment Weatherization (Original Contract)
(6) NGP Grant (Invoice 1638)
(7) CDBG (Invoice 1638)
(8) ESG (Invoice 1638)
(9) HOPWA (Invoice 1638)
(10)Public Service Agencies (Invoice 1638)
(11)HUD Notice of Funding Opportunities (NOFA) (Invoice 1638)
(12)ERAP Subrecipients (Invoice 1638)
(13) TBRA (HOPWA) (Invoice 1638)
(14)Affordable Housing Development Program (Invoice 1638)
(15)HOME-ARP NOFA (Invoice 1638)
(16) PSH — NOFA (Invoice 10401)
(17)Assets (Invoice 11185)
(18)CDBG-CV (Invoice 11805)
(19) Community Action Partners (CAP) (to be invoiced upon execution of this Amendment)
2. Company will make available to Customer all updates, and any documentation for
such updates, to the Services. Company will ensure that (i) new features or enhancements to
existing features are synchronized with the previous version, and (ii) updates will not
degrade the performance, functionality, or operation of the Services.
3. Training Services. Company will conduct one (1) four (4) hour training session, which
may be recorded by Customer. The purpose of the training sessions is to familiarize
administrator personnel with the workflow and functionality of hosted software.
4. Technical Support. Company will provide Technical Support to Customer via electronic
mail on weekdays during the hours of 8:00 am through 8:00 pm Eastern time, with the
exclusion of Federal Holidays ("Support Hours"). Customer may initiate a helpdesk ticket
during Support Hours by emailing support(&neiahborlvsoftware.com. Company will
use commercially reasonable efforts to respond to all Helpdesk tickets within one (1)
business day.
5. Data Storage. Company agrees that any and all Customer data will be stored, processed,
and maintained solely in data centers located in the United States.
6. Backup and Recovery of Customer Data. As a part of the Services, Company is responsible
for maintaining a backup of Customer Data and for an orderly and timely recovery of such
data in the event that the Services may be interrupted. Company shall maintain a
contemporaneous backup of Customer Data that can be recovered within four (4) hours at
any point in time.
7. Loss of Data. In the event of any act, error or omission, negligence, misconduct, or breach
that compromises or is suspected to compromise the security, confidentiality, or integrity of
Customer Data or the physical, technical, administrative, or organizational safeguards put in
place by Company that relate to the protection of the security, confidentiality, or integrity of
Customer Data, Company shall, as applicable: (i) notify Customer as soon as practicable but
no later than twenty-four (24) hours of becoming aware of such occurrence; (ii) cooperate
with Customer in investigating the occurrence, including making available all relevant
records, logs, files, data reporting, and other materials required to comply with applicable
law; and (iii) perform or take any other actions required to comply with applicable State law
as a result of the occurrence. This section shall survive the termination of this Agreement.