Loading...
HomeMy WebLinkAboutContract 54774 Joym CSC No.54774 Master Services Agreement General Terms and Conditions This JOYND Master Services Agreement (this "Agreement") is effective upon the date of signing of the Agreement by an Assistant City Manager of the City(the"Effective Date") BETWEEN Joynd LLC, a Limited Liability Company existing under the laws of the State of Florida, and having a place of business at 37 N. Orange Ave Suite 500, Orlando, FL 32801 ("Joynd") AND The City of Fort Worth, a Municipality existing under the laws of the State of Texas("Company"), who may be contacted at its place of business as follows: Address: 200 Texas St, Fort Worth,TX 76131 Attention: Information Technology Solutions Department RECITALS: WHEREAS, Joynd is in the business of providing software services for HR integrations; WHEREAS, the parties desire that Joynd make such software services available to Company under the terms and conditions of this Agreement; WHEREAS, Company desires to use the Joynd Product for the purpose of integrating licensed products used by Company; and WHEREAS, each order as specified in an Order (defined below) will be performed under the terms and conditions herein. NOW THEREFORE, in consideration of the mutual covenants contained herein,and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Definitions. The following definitions apply to this Agreement (in addition to the other defined terms specified elsewhere in this Agreement): 1.1. "Additional Professional Services"means any additional services that Company purchases beyond the scope of the Implementation Services listed in Schedule A hereto and which are specified in the Order(s). 1.2. "Company Data" means data provided to Joynd by Company that may be processed by the Hosted Service (or the results of such processing) in the course of implementing and/or using the Hosted Service. 1.3. 'Vendor Product" means Company's vendors' software products or services with which the Joynd Product will be utilized for Company and its end-users, as indicated on the Order(s). 1.4. "Electronic Communication" means any transfer of signs, signals, text images, sounds, data, or intelligence of any nature transmitted in whole or in part electronically. 1.5. "Including,"whether or not capitalized, means"including, but not limited to". 1.6. "Integrated Solution" means the integration to be provided by Joynd for Company's use pursuant to the Order(s) integrating the Joynd Product with Vendor Products for the purpose of providing the Hosted Service solely to Company's end users. For the avoidance of doubt, the Integrated Solution does include the Vendor Product. 1.7. "Hosted Service" means the Joynd Hosted Service subscribed to by Company as indicated on the Order(s)and pursuant to the terms and conditions of this Agreement. 1.8. "JOYND Product" means, collectively, the Hosted Service, the Integrated Solution, and/or any components therein provided for use outside of the Hosted Service and/or the Integrated Solution. OFFICIAL RECORD 20201012—City of Ft.Worth—Joynd—Master Services Agreement CITY SECRETARY Page 1 of 19 FT. WORTH, TX Joymik . Master Services Agreement General Terms and Conditions 1.9. "JOYND Product Term" means the time period specified on an Order for which Company subscribes to the Joynd Product. 1.10. "Order" means Joynd's order form evidencing the subscription to a Joynd Product, Implementation Services, and/or and any Additional Professional Services and any subsequent order forms submitted online or in written form, specifying, among other things, the Joynd Product subscribed for, any other services contracted for, applicable Fees, Joynd Product Term, billing period, and other charges as agreed to between the parties. 1.11. "Term" means the term of this Agreement, which commences on the Effective Date herein and ends on either:(1)the last day of the last Joynd Product Term on the Order(s);or(2)the date this Agreement (including any Order(s)) is otherwise terminated in accordance with the terms and conditions herein. 1.12. "JOYND Data" means data sourced or compiled by Joynd or licensed to Joynd from third parties and aggregated statistical data obtained from Joynd's customers (including Company's) use of the Joynd Product(aggregated statistical data will not include data which can be used by itself,or with other data to show it is associated with a particular individual). 2. Schedules and Orders. This Agreement is comprised of, and each is considered an integral part thereof: (1)the General Terms and Conditions; (2) Schedule A(Implementation and Support Services); and (3)any Order(s)that expressly reference this Agreement. 3. Conflict and Precedence. In the event of a conflict between any of the following, the following order of precedence will apply: (1) the Order(s); (2) Section 12 (Specific Joynd Product Terms and Conditions); (3) Schedule A(Implementation and Support); and (4) the remaining terms and conditions of the Agreement (excepting Section 12). 4. Subscription and Services. Joynd and Company shall perform, in accordance with the terms and conditions of this Agreement, the activities set out in this Agreement and the Order(s), and such additional activities as the parties may agree to from time to time in writing. Company hereby subscribes pursuant to this Agreement to the Joynd Product as indicated on the Order(s). 5. Fees. Company shall pay to Joynd all fees and applicable taxes associated with the provision of the Joynd Product and/or the Additional Professional Services to Company as indicated on the Order(s)and pursuant to the terms and conditions of this Agreement(collectively, "Fees"). 6. Orders. 6.1. Order Procedure. This Agreement does not by itself order the Joynd Product or otherwise purchase any Additional Professional Services. Upon receipt of a fully executed Order which references this Agreement, Joynd shall provide Company with the Joynd Product subscribed to and/or Additional Professional Services in accordance with the terms and conditions of this Agreement and as specified in the Order(s). 6.2. Incorporation. Upon execution, each Order will be incorporated into and become a part of this Agreement. 7. Provision of Hosted Service. Subject to Company's compliance with the terms and conditions of this Agreement and the Order(s), Joynd shall make the Hosted Service available to Company on a subscription basis during the Joynd Product Term(s) specified in the Order(s) for Company to utilize on a worldwide, personal, nonexclusive, and nontransferable (except in connection with an assignment/delegation pursuant to Section 19.5)and revocable basis solely for Company's internal business operations that does not include third party service bureau use, outsourcing, renting, or time-sharing the Hosted Service separate from the Integrated Solution. 8. Restrictions. All rights provided to Company under this Agreement in relation to the Joynd Product and Joynd Data are provided to Company on the condition that Company shall not, and shall not allow any third party to, copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Joynd Product or Joynd Data,or any part thereof,or otherwise attempt to discover any source code, modify the Joynd Product or Joynd Data in any manner or form (except as expressly permitted by this Agreement and solely through the modification tools and means provided by Joynd), including for the 20201012—City of Ft.Worth—Joynd—Master Services Agreement Page 2 of 19 Joymik . Master Services Agreement General Terms and Conditions purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Joynd Product. Company is expressly prohibited from licensing use of, or granting access to the Joynd Product or Joynd Data to any third parties other than Company employees and contractors performing services for the internal business operations of Company or customers of Company using the Integrated Solution ("Authorized Users"). Company is responsible for the compliance of all Authorized Users with this Agreement. 9. Data License from Company. Subject to the terms and conditions of this Agreement, Company grants Joynd a worldwide, royalty free, non-exclusive, non-transferable (except in connection with a permitted assignment under this Agreement) license ("Company License Grant") to copy, store, record, transmit, maintain, display, view, print, or otherwise use Company Data to the extent necessary to provide, manage, operate, and/or optimize the Joynd Product. The Company License Grant commences on the applicable Order Effective Date and, on the date that is 30 days following the termination or expiration of the Joynd Product Term, will be reduced in scope for the sole purpose of allowing Joynd to store backed up Company Data (if any) at an offsite storage facility. Furthermore, the Company License Grant will terminate in its entirety one year following the termination or expiration of the Joynd Product Term. For greater clarity, the term of the Company License Grant for a specific piece of Company Data is determined by the Joynd Product Term of the Joynd Product that utilized such Company Data. 10. Fee and Travel Costs. 10.1. Fee. Company shall pay all Fees specified in the Order(s) regardless of Company's utilization of the JOYND Product. Currency is as specified on the Order(s). Company shall pay invoices no later than 30 days after invoice receipt or the due date specified on the Order(s), if later. Should Company,acting reasonably,wish to dispute a specific charge on an invoice, Company shall deliver to JOYND a written notice detailing the reasons for the dispute no later than 10 days after the due date of the invoice in question. JOYND shall respond to the dispute within 15 days of receipt of the notice and the parties shall in good faith endeavor to resolve the dispute within 30 days of JOYND's response. Company shall pay all costs JOYND incurs to collect any overdue, undisputed Fees, provided such costs occur subsequent to a request for payment sent to Company in accordance with the terms of this Agreement. Fees do not include sales or use taxes and Company shall pay (and be solely responsible for) all applicable foreign, federal, state, provincial, and local taxes pertaining to Company's access to, use, or receipt of the JOYND Product (including any withholding taxes required to be deducted from the Fee paid to JOYND). Company is not obligated to pay any taxes from any jurisdiction related to JOYND's net income, capital, or assets. 10.2. Travel and Living Costs. Fees do not include any travel and living costs incurred by JOYND for any on-site Company implementation, training, consulting, or other services unless specifically shown as included on the Order(s). Company shall pre-approve in writing any travel and living costs and Company shall reimburse JOYND for such costs no later than 30 days following Company's receipt of invoice. 11. General Terms of Service. The following terms of service apply to this Agreement: 11.1. New JOYND Product Features. Unless expressly stated otherwise in this Agreement, any software updates, new features that augment or enhance the JOYND Product, and/or any new services subsequently purchased by Company from JOYND, will be subject to this Agreement. 11.2. Minimum System Requirements. Company acknowledges that Internet access, equipment, and specified software and operating systems must meet the minimum system requirements set out for the JOYND Product, as the same may be amended or replaced from time to time with 90 days' advance notice to Company (collectively, the "Minimum System Requirements"). In addition, Company is responsible for ensuring that the Minimum System Requirements are in place and acknowledges that a failure to meet the Minimum Systems Requirements may impair Company's successful use of the JOYND Product and that JOYND will not be responsible or liable for such impairment of use so caused. 11.3. Passwords — Access — Notification. Company shall not share any passwords or user names (collectively, "Passwords")except as required for Company to utilize the JOYND Product. Company 20201012—City of Ft.Worth—Joynd—Master Services Agreement Page 3 of 19 Joymik . Master Services Agreement General Terms and Conditions is responsible for the confidentiality and use of all Passwords provided to or created by Company. Company is responsible for all Electronic Communications, Company Data, and all other data of any kind contained within emails or otherwise entered electronically through the Hosted Service or under Company's account. Company acknowledges that JOYND will act as though any Electronic Communication received under Company's Passwords, user name, or account number has been sent by Company. Company and JOYND shall notify the other party as soon as reasonably possible if it becomes aware of any loss, theft, or unauthorized use of any Passwords. 11.4. Transmission of Data. As the JOYND Product requires Electronic Communication over the Internet, Company acknowledges that such Electronic Communication may be accessed by unauthorized parties when communicated across the Internet, network communications facilities, telephone, or other electronic means. Company further acknowledges that JOYND will not be responsible or liable in any manner for any Electronic Communication or Company Data which are lost,altered, intercepted, or stored without authorization during the transmission of any data whatsoever across networks not owned or operated by JOYND, unless such loss is caused by JOYND's gross negligence or willful misconduct. 11.5. Lawful Conduct. Each party shall comply with all applicable local, state, provincial, federal, and foreign laws, treaties, regulations, and conventions in connection with its use or provision of the JOYND Product. If either party violates any applicable anti-bribery law or the FCPA, the other party will have the right to terminate this Agreement with immediate effect. 11.6. Company Electronic Communications. Company shall not send any unlawful, harassing, defamatory, indecent, or threatening Electronic Communication using the JOYND Product. Company shall not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (including rights of publicity and privacy) without first obtaining the permission of the owner of such rights. Company shall not in any way express or imply that any opinions contained in any Company Electronic Communication are endorsed by JOYND. Company shall at all times ensure that any use of the JOYND Product by Company and Company's Authorized Users is in accordance with the terms and conditions of this Agreement and the Order(s). 11.7. Links. The JOYND Product may provide links to other World Wide Web sites or resources controlled by third parties. Because JOYND has no control over such sites and resources, Company acknowledges that JOYND is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, products, or other materials on, or available from, such sites or resources. 11.8. Modification to the JOYND Product. JOYND reserves the right at any time and from time to time to modify, temporarily or permanently, the JOYND Product or any part thereof(a "Modification"). In the event a Modification results in the removal or disability of the material functionality of such JOYND Product, JOYND shall give Company at least 90 days' advance notice of the change and, if the functionality is materially relied upon by Company, then, upon Company's request, JOYND shall use reasonable efforts to substantially restore such functionality to Company. In the event JOYND is unable to substantially restore such functionality, Company will have the rights provided in Section 14.1. Except as expressly stated in this Section 11.8 and Section 14.1, JOYND will not be liable to Company for any Modification. 11.9. JOYND Proprietary Rights. Company acknowledges that the JOYND Product contains proprietary and confidential information that is protected by applicable intellectual property and other laws and that, as between the parties, JOYND is the sole owner of the JOYND Product and all JOYND Data. 11.10. Company Proprietary Rights. JOYND acknowledges that, as between the parties, Company is the sole owner of the Company Data. 12. Specific JOYND Product Terms of Service. For the JOYND Product Company subscribes to as indicated on the Order(s), the following JOYND Product specific terms and conditions apply: 20201012—City of Ft.Worth—Joynd—Master Services Agreement Page 4 of 19 Joymik . Master Services Agreement General Terms and Conditions 12.1. JOYND Product. The volume of use by Company or number of Company employees that establish the JOYND Fees in the Order(s)are subject to fair use or range limits as indicated on the Order(s). In the event Company exceeds the fair use or range limits as indicated on the Order(s), additional fees may apply. 13. Confidential Information. 13.1. For purposes of this Agreement, confidential information ("Confidential Information") includes: (1) the terms of this Agreement; (2) any Company Data or JOYND Data; and (3) any information that would be reasonably deemed to be confidential. Each party shall: (a)keep confidential all Confidential Information disclosed to it by the other party; and (b) protect the confidentiality thereof in the same manner as it protects the confidentiality of similar information and data of its own, and at all times exercising at least a reasonable degree of care in the protection of such Confidential Information. JOYND shall restrict its employees' access to Company's Confidential Information to only those employees necessary to successfully provide the JOYND Product. Notwithstanding anything to the contrary herein, JOYND has the right to disclose Confidential Information on a need-to-know basis to its contractors who have executed written agreements requiring them to maintain Confidential Information in strict confidence and use it only to facilitate the performance of their services for JOYND in connection with the performance of this Agreement. 13.2. Notwithstanding Section 13.1 above, Confidential Information does not include information which the recipient can demonstrate: (1) is known by the receiving party without violation of any contractual, fiduciary, or other obligation of confidentiality prior to the disclosure thereof by the disclosing party; (2) properly came into the possession of the receiving party from a third party which was not under any obligation to maintain the confidentiality of such information; (3) has become available to the public or is generally known in the industry through no act or fault on the part of the receiving party in breach of this Agreement; or (4) was independently developed by or for the receiving party without use or reference to the disclosing party's Confidential Information. 13.3. This Section 13 does not prohibit the disclosure of Confidential Information to the extent that such disclosure is required by law or order of a court or other governmental authority. Unless prohibited by law,each party shall give the other party prompt notice of the receipt of any subpoena or other request for such disclosure and reasonably cooperate with the party seeking a protective order or other confidential treatment of any Confidential Information which it has disclosed to the receiving party. 13.4. In addition, Confidential Information considered personal information ("Personal Information") under any relevant personal information security laws and regulations ("Data Security Laws")applicable to JOYND and/or Company will be subject to the higher standard of such Data Security Laws for Personal Information as applicable to the recipient of such Personal Information. Each party shall reasonably cooperate with the other party to assist each party to comply with the Data Security Laws applicable to it. 13.5. Each party agrees that its obligations under this Section 13 are necessary and reasonable in order to protect the disclosing party, and expressly agrees that monetary damages would be inadequate to compensate the disclosing party for any breach by the receiving party of any covenants and agreements set forth herein. Accordingly,each party agrees and acknowledges that any such violation or threatened violation will cause irreparable injury to the disclosing party and that, in addition to any other remedies that may be available in law, in equity or otherwise,the disclosing party shall be entitled to seek injunctive relief against the threatened breach of this Agreement or the continuation of any such breach, without the necessity of posting bond. 14. Warranties. 14.1. Warranty of Functionality. During the JOYND Product Term(s) specified in the Order(s), JOYND warrants to Company that the JOYND Product will achieve in all material respects the functionality described in the Order(s) and that such functionality will be maintained in all material respects in subsequent upgrades to the JOYND Product. JOYND does not warrant that the JOYND Product will be error-free. In the event JOYND breaches this warranty, Company's sole and exclusive remedy is that JOYND shall use reasonable efforts to modify the JOYND Product to achieve in all material 20201012—City of Ft.Worth—Joynd—Master Services Agreement Page 5 of 19 Joymik . Master Services Agreement General Terms and Conditions respects the functionality described in the Order(s), and if JOYND is unable to restore such functionality, then Company will be entitled to terminate this Agreement within 90 days of the date of the first instance of any material functionality problem as it relates to the JOYND Product and receive a pro-rata refund of the Fees paid under this Agreement for the remaining but undelivered use of such JOYND Product as of the date of the termination. JOYND will have no obligation with respect to any warranty claim unless Company provides JOYND with written notice of such claim within 60 days of the first instance of any material functionality problem. 14.2. Service Uptime Warranty. JOYND warrants that during the JOYND Product Term(s)specified in the Order(s) the Hosted Service will meet 99.5% uptime, excluding scheduled maintenance windows when JOYND conducts normal maintenance and upgrades. Scheduled maintenance windows that may be used are the three hour periods commencing at 11 p.m. Wednesday and Friday nights, and the five hour periods commencing at 11 p.m. Saturday nights EST/EDT. If in a given calendar month the uptime commitment is not met, then Company's sole and exclusive remedy will be to receive a credit of 1/3 of the Quarterly Subscription Fee to be applied to the following quarter. Any credit is expressly conditional upon Company providing JOYND with written notice of such failure by the 30th day of the month following such service level failure. Failing to meet the uptime in two of four consecutive months will be deemed a breach of the warranty in Section 14.1. JOYND does not and cannot control the transmission of data between the Hosted Service and Company. Such transmission depends in large part on the performance of the Internet services provided or controlled by third parties.At times, actions or inaction of such third parties can impair or disrupt Company's or JOYND's connections to the Internet(or portions thereof); accordingly, JOYND will have no liability or obligation to Company resulting from or related to such events.JOYND shall use commercially reasonable efforts to notify Company of all regularly scheduled and emergency maintenance sessions. 14.3. Services Warranty. With respect to the Integrated Solution and any additional professional services Company purchases as specified in the Order(s), JOYND warrants that: (1) it and each of its employees, consultants, and subcontractors (if any) it uses to provide and perform the Integrated Solution and any additional professional services under this Agreement has the necessary knowledge, skills,experience,qualifications, rights,and resources to provide and perform the same in accordance with this Agreement; and (2) the Integrated Solution and any additional professional services will be performed for and delivered to Company in a good, diligent, and workmanlike manner in accordance with industry standards. 14.4. Other Warranty. JOYND warrants that the JOYND Product will be free of viruses, Trojan horses, worms, spyware, or other malicious code or components. 15. Disclaimer of Warranties. 15.1. General. EXCEPT AS STATED IN SECTION 14, JOYND DOES NOT REPRESENT OR WARRANT THAT COMPANY'S USE OF THE JOYND PRODUCT WILL BE SECURE, TIMELY, UNINTERRUPTED,OR ERROR-FREE,OR THAT THE JOYND PRODUCT WILL MEET COMPANY'S REQUIREMENTS OR THAT ALL ERRORS IN THE JOYND PRODUCT WILL BE CORRECTED.THE WARRANTIES STATED IN SECTION 14 ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY JOYND IN RELATION TO THE JOYND PRODUCT. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS STATED IN SECTION 14, THE JOYND PRODUCT IS PROVIDED TO COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND IS FOR COMMERCIAL USE ONLY. COMPANY ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE JOYND PRODUCT OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR COMPANY'S PURPOSES. COMPANY ACKNOWLEDGES THAT IT HAS RELIED ON NO WARRANTIES OTHER THAN THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT. 15.2. In addition, Company acknowledges that JOYND does not fact check or verify JOYND Data or other information that may be provided by the JOYND Product.Accordingly, Company utilizes all JOYND Data and any other information provided by the JOYND Product at its own risk. 20201012—City of Ft.Worth—Joynd—Master Services Agreement Page 6 of 19 Joymik . Master Services Agreement General Terms and Conditions 16. Limitation of Liability. 16.1. Limitation of Types of Damages. IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR INDIRECT DAMAGES OFANYTYPE OR KIND, INCLUDING LOSS OF REVENUE, PROFITS, USE,OR OTHER ECONOMIC ADVANTAGE, ARISING FROM ANY BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL CAUSE OF ACTION (INCLUDING TORT) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS IT CONTEMPLATES. 16.2. Limitation on Amount of Damages. Except as provided below in this Section 16.2. in no event shall the aggregate liability of JOYND to Company arising out of or related to this Agreement exceed the total amount paid by Company hereunder for the JOYND Product giving rise to the liability in the twelve (12) months preceding the incident subject to the claim. However, with respect to damages cause by JOYND's breach of its confidentiality or security obligations as set forth in this Agreement, the aggregate liability of JOYND to Company arising out of or related to this Agreement shall not exceed the total amount paid by Company hereunder for the JOYND Product giving rise to the liability in the twenty-four(24) months preceding the incident subject to the claim. The limitation of liability set forth in this Section 16.2 shall not apply to damages caused by JOYND's willful misconduct or gross negligence, or to JOYND's indemnification obligations set forth in Section 17.1. The foregoing limitation will apply whether an action is in contract or tort and regardless of the theory of liability. No cause of action, however arising, which accrued more than one (1) year prior to the institution of a legal proceeding alleging such cause of action, may be asserted by Company against JOYND, to the extent permitted by law. The essential purpose of this provision is to limit the potential liability of the parties arising out of or related to this Agreement or any of the transactions it contemplates. 17. Indemnification. 17.1. JOYND's Indemnity Obligations. JOYND will defend Company against any claim, demand, suit or proceeding made or brought against Company by a third party alleging that the use of the JOYND Product infringes such third party's rights under any United States patent, copyright, trademark, or trade secret ("Infringement Claim"), and will indemnify Company from any damages, attorneys'fees and costs finally awarded against Company as a result of an such Infringement Claim Against Company. If JOYND receives information about an infringement or misappropriation claim related to the JOYND Product, JOYND may in its sole discretion: (a) replace or modify the JOYND Product so that the JOYND Product become non-infringing (while substantially preserving the functionality of the JOYND Product), or (b) obtain for Company the right to continue using the JOYND Product in accordance with this Agreement. If JOYND determines that neither of these alternatives is commercially reasonable, JOYND may terminate the Agreement, without liability, upon written notice to Company, and refund to Company any prepaid fees covering the term remaining after the effective date of termination on any JOYND Products that are the subject of the infringement. JOYND shall have no obligation to defend or indemnify Company for any such claims, suits or demands to the extent the alleged infringement is based on: (i)a modification of the JOYND Product by anyone other than JOYND; (ii) JOYND's compliance with Company's specifications or instructions; (iii) use of the JOYND Product other than in compliance with the terms of this Agreement, or applicable law; (iv)the Company Data; or(v) use of the JOYND Product in combination with any product, services, content, materials, or software not provided by JOYND (including any Vendor Product) where the alleged infringement relates to such combination. The indemnity obligation set forth in this Section 17.1 shall be Company's sole remedy in the event of infringement. JOYND's obligations hereunder are contingent upon Company: (1)promptly, and in no event later than thirty days of the Third Party Claim or the deadline for filing defense related documents in accordance with applicable rules of procedure (whichever is sooner), gives JOYND notice of any such third party Infringement Claim; (2) gives JOYND sole control of the defense and related settlement negotiations; and (3) promptly provides JOYND with all reasonably available information and assistance necessary to perform JOYND's obligations under this Section 17.1. Provided JOYND complies with this Section 17.1, Company will have no other remedy against JOYND, with the sole exception of terminating this Agreement; upon any such termination of this Agreement, JOYND shall provide Company a pro-rata refund of the Fees 20201012—City of Ft.Worth—Joynd—Master Services Agreement Page 7 of 19 Joymik . Master Services Agreement General Terms and Conditions paid under this Agreement for the remaining but undelivered use of use of the JOYND Product as of the date of the termination. 17.2. Company's Indemnity Obligations. Company shall indemnify, defend, and hold JOYND harmless from and against any Losses arising out of or related to a Third Party Claim against JOYND alleging that the Company Data, or any use thereof: (a) infringes the legal or intellectual property rights of any third party or(b)arising from Company's gross negligence or willful misconduct; provided that JOYND: (i)promptly,and in no event later than 30 days of the Third Party Claim or the deadline for filing defense related documents in accordance with applicable rules of procedure (whichever is sooner), provides Company notice of the Third Party Claim; (ii) gives Company sole control of the defense and related settlement negotiations; and (iii) provides Company with all reasonably available information and assistance necessary to perform Company's obligations under this Section 17.2. Provided Company complies with this Section 17.2, JOYND will have no further remedy against Company for Losses relating to a Third Party Claim. 17.3. Survival of Indemnification Obligations. The indemnification obligations contained in this Section 17 will survive the termination or expiration of the Term of this Agreement for five years. 18. Suspension—Termination. 18.1. Suspension for Immediate or Ongoing Harm. Company acknowledges that the Hosted Service is multi-tenant in nature. JOYND reserves the right to temporarily suspend Company's access to or use of the Hosted Service, with reasonably contemporaneous telephonic notice to Company, if JOYND reasonably concludes that Company's use of the Hosted Service is causing immediate or ongoing harm to JOYND or others by causing a disruption of the Hosted Service(e.g. a denial of service attack through a Company career portal). In the event JOYND suspends Company's access to the Hosted Service,JOYND and Company shall use their best efforts to resolve the issues causing the suspension of the Hosted Service. JOYND will not be liable to Company for any suspension described in this Section 18.1. 18.2. Suspension for Delinquent Account. JOYND reserves the right to suspend Company's use of the JOYND Product if Company fails to pay any undisputed invoice after it is due and JOYND has provided Company at least 10 days'advance written notice of the overdue invoice following the due date of the invoice.Any disputed amounts must be disputed in accordance with Section 10.1. JOYND will not be liable to Company for any suspension described in this Section 18.2. 18.3. Termination for Material Breach. Either party may terminate this Agreement and all Order(s) hereunder upon thirty 30 days'written notice to the other party in the event of a material breach of any provision of this Agreement by the other party and where the breaching party fails to cure such breach within 30 days of notice of such breach. If this Agreement is terminated as a result of a breach on JOYND's part, JOYND shall refund the pro-rata portion of any Fees that may have been paid by Company for the portion of the JOYND Product not furnished to Company as of the termination date. If this Agreement is terminated as a result of a breach on Company's part, then Company is responsible for all Fees to JOYND that would have occurred under the Order(s) then in effect, and Company shall pay such Fees within 30 days of the termination. In addition, upon a termination pursuant to this Section 18.3, all subscriptions to use the JOYND Product will cease and the JOYND Product Term in each Order will terminate. 18.4. Termination for Convenience. After the first 24 months following the Effective Date of the Product Order#1, either party may terminate this Agreement and all Order(s) hereunder upon sixty 90 days' written notice to the other party. If notice is provided by Company, any pre-paid fees will not be subject to refund, and any deferred fees or balances due must be paid within 15 days of notice by Company to JOYND. If notice is provided by JOYND, any pre-paid subscription fees, as defined by the effective Product Order(s), will be subject to pro-rata refund within 15 days of notice. 18.5. On Termination or Expiration of Agreement. Upon the termination or expiration of an JOYND Product Term, Company will have no rights to continue use of the JOYND Product. Following the termination or expiration of the JOYND Product Term,JOYND may immediately deactivate Company's account related to the JOYND Product, and shall delete related Company Data(if any)from JOYND's 20201012—City of Ft.Worth—Joynd—Master Services Agreement Page 8 of 19 Joymik . Master Services Agreement General Terms and Conditions servers within thirty 30 days after such termination or expiration. In addition, following the termination or expiration of the JOYND Product Term, Company shall: (1) immediately cease to use the JOYND Product and, if applicable, delete the same from Company's servers no later than 30 days after such termination or expiration; and (2) have no further rights to continue to use the JOYND Product in any manner. 19. General. 19.1. Choice of Law — Designation of Forum — Waiver of Jury Trial. Except where governed by the applicable federal laws of the United States, the laws of the State of Florida (without giving effect to any conflicts of laws principles in either case) govern all matters arising out of or relating to this Agreement and all of the transactions it contemplates, including its interpretation, construction, performance,and enforcement.Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring such legal action or proceeding in the courts of the State of New York or the State of Florida. Each party waives, to the fullest extent permitted by law any objection, both now and in the future,to the choice of law and designation of forum outlined above. In addition, each Darty, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by fury in any action or other legal proceeding arising out of or relating to this Agreement and the transactions it contemplates: this waiver applies to any action or legal proceeding, whether sounding in contract,tort,or otherwise. In the event of any legal action or proceeding between the parties hereto arising out of or relating to this Agreement, the prevailing party will be entitled to an award of reasonable attorney fees and costs. In addition, the International Sale of Goods Act and the United Nations Convention on Contracts for the International Sale of Goods have no application to this Agreement. 19.2. Trademark Information. The trademarks and service marks of each party will not be used in any manner without the other party's prior written consent. 19.3. Notices. Except as otherwise provided in this Agreement,the parties shall provide all notices required under this Agreement in writing and such notices will be deemed given when delivered by hand or courier,facsimile, electronic transmission or five days after mailing, postage prepaid, by certified mail, return receipt requested. The address for notices in the case of Company is as appears on page 1 of this Agreement; and in the case of CloudMills-JOYND LLC, to: CloudMills-JOYND LLC,Attention: President, 37 N. Orange Ave. Orlando, FL 32804, (email: president(a-Joynd.com). In all cases in this Agreement where an address, telephone number, email address, or Internet web page is specified, the same may be changed at any time by a party notifying the other party in accordance with this Section 19.4. 19.4. Assignment and Delegation—Successors and Assigns. 19.4.1. Neither party may assign any of its rights nor delegate any performance under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld. Notwithstanding the foregoing, such consent is not required to assign or delegate: (1) to the successor of all or substantially all of either parties'business or assets; or(2)for JOYND to make an assignment or delegation to a subsidiary or affiliate that provides the JOYND Product to Company.Any purported assignment of rights or delegation of performance in violation of this Section 19.4.1 is void. 19.4.2. This Agreement binds and benefits the parties' respective successors and permitted assigns. This Section 19.4.2 does not address, directly or indirectly, whether: (1) rights under this Agreement are assignable; or (2) performance under this Agreement is delegable. Section 19.4.1 addresses these matters. 19.5. Force Majeure. Neither party will be liable for any failure or delay in performance under this Agreement(other than for a delay in the payment of money due and payable hereunder)to the extent such failure or delay is caused by conditions beyond the reasonable control of and not the fault of the nonperforming party, including Acts of God, earthquakes, floods, fire, hurricanes, unusually extreme or severe weather, wars, insurrections, terrorism, riots, labor stoppage, criminal acts of third parties, provided that the nonperforming party gives the other party prompt written notice, with full details 20201012—City of Ft.Worth—Joynd—Master Services Agreement Page 9 of 19 Joymik . Master Services Agreement General Terms and Conditions following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. Notwithstanding, if JOYND is unable to perform its obligations hereunder for thirty(30)days, it will be considered a material breach. 19.6. Authority to Contract. Each party represents to the other that it has the authority to enter into this Agreement,that the entity or individual name which it has provided on its own behalf for this Agreement is a true and accurate representation of its legal identity, and that the execution and performance of this Agreement has been duly authorized by all requisite formalities. 19.7. Independent Parties. Nothing in this Agreement is intended to create a joint venture, partnership, agent, or employment relationship between the parties. Neither party by virtue of this Agreement has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party. 19.8. Rights and Remedies Cumulative. The rights and remedies set forth in this Agreement are not intended to be exhaustive and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently exist in law or in equity or by statute or otherwise. 19.9. Amendments — Waiver. Any amendment to this Agreement must be in writing and signed by both parties. No provision, right, power, or privilege in this Agreement may be waived, except pursuant to a writing executed by the party against whom the waiver is sought to be enforced. 19.10. Severability. If any provision of this Agreement is held to be illegal, invalid, or unenforceable, in whole or in part, such provision will be ineffective to the extent of such illegality, invalidity, or unenforceability without invalidating the remainder of such provision or the remainder of this Agreement. 19.11. Headings. The section headings used in this Agreement are for convenience of reference only and do not affect the interpretation or construction of this Agreement. 19.12. Survival. After termination or expiration of this Agreement, all provisions relating to payment will survive until completion of the required payments. In addition, Sections 9, 11.5, 11.9, 11.10, 13, 14.5, 15, 16, 17 (for five years pursuant to Section 17.3), 18.5, and 19 will survive the termination or expiration of this Agreement. 19.13. Company Purchase Orders. If Company issues a purchase order in respect of this Agreement, Company acknowledges that such purchase order is solely for the convenience of Company's purchasing system and does not in any way modify or add to this Agreement or the rights or obligations of JOYND or Company. 19.14. Construction. This Agreement will be construed as if drafted by both parties and will not be strictly construed against either party. 19.15. Counterparts. This Agreement may be executed in counterparts, each of which will be considered an original and all of which will constitute one and the same agreement. Receipt of an originally executed counterpart signature page by facsimile or an electronic reproduction of an originally executed counterpart signature page by electronic mail or by e-signing is effective execution and delivery of this Agreement. 19.16. Entire Agreement. This Agreement constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties' agreement on the matters contained in this Agreement.All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. 20201012—City of Ft.Worth—Joynd—Master Services Agreement Page 10 of 19 Joymik . Master Services Agreement General Terms and Conditions EXECUTION. The parties, by their duly authorized representatives, are signing this Agreement as of the Effective Date above. Acceptance: Acceptance: City of Ft. Worth JOYND LLC ("JOYND") By its authorized signatory: By its authorized signatory: uba-Al 754wr SA*0'MrC7 Valerie Washington(Nov 2,202010:32 CST) Dianna Sheppard(0 2,202020:49 PDT) Signature & Date Nov 2,2020 Signature & Date Oct 26,2020 Print Name: Valerie Washington Print Name: Dianna Sheppard Title:Assistant City Manager Title: CEO Main Contact Neena Kovuru Assistant Director Human Resources Department 200 Texas Street Fort Worth, TX 76102 (817)392-7567 Neena.Kovuru(aD-fortworthtexas.gov OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 20201012—City of Ft.Worth—Joynd—Master Services Agreement Page 11 of 19 Schedule A— Implementation and Support Services 1. JOYND shall provide Company with support services for the JOYND Product("Support Services"). Support Services are assistance with basic troubleshooting, technical and usage questions, and problem reporting. Unless end-user training is indicated as part of the Implementation Services to be provided by JOYND, Company is responsible to provide training to Company's end-users of the JOYND Product. In addition, Company is responsible to provide support to Company's end-users of the JOYND Product. Support Services are available between 9 a.m. and 9 p.m. EST/EDT Monday through Friday, excluding the following holidays: New Year's Day, Good Friday, Labor Day, Thanksgiving Day, Columbus Day, and Christmas Day ("Business Hours"). Support Services are available via: a. Support E-mail—helpdesk(a-Joynd.com b. Business Hours: 9:00 AM Eastern—9:00 PM Eastern c. Support Line—(844)700-0900 d. Online at www.JoVnd.com 2. JOYND shall reply to emails received during Business Hours within four business hours. JOYND shall reply to emails received after Business Hours by 12:00 p.m. on the next day the Business Hours Support Line is normally staffed. 3. During the JOYND Product Term(s)specified in the Statements of Work(SOWs), JOYND shall provide the following Support Services for problems encountered by Company with the Integrated Solution: 3.1. For any demonstrable malfunction in the Integrated Solution which causes Company to be unable to perform a critical business function that Company was previously able to perform while using the Integrated Solution ("Critical Problem"), JOYND shall address the Critical Problem and respond to Company within one Business Hour of Company logging the Critical Problem with the Business Hours Support Line. JOYND shall use reasonable efforts to provide a solution or workaround to the Critical Problem to Company as soon as possible. 3.2. For any other issue with the Integrated Solution that does not meet the description of a Critical Problem ("Other Problem"), JOYND shall address the Other Problem and respond to Company within two Business Hours of Company logging the Other Problem with the Business Hours Support Line or Support E-mail. 4. Any development, QA testing, and staging environments are exempt from Support Services and service uptime warranties herein. [THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK] Schedule B — Scope of Work This Statement of Work("SOW") is by and between Joynd Inc. ("Joynd") and Client("City of Ft Worth") and is effective as of 2020.09.19. this is governed by Master Service Agreement Implementation Methodology Joynd implementation methodology consists of three Phases: Discovery, Development and Deployment. I. SCOPE Peoplesoft Bridge Imple- Install Bridge on City of Ft Worth Envi- CITY OF FT. WORTH / mentation and Testing ronment Joynd Code Development of Determine which codes will be loaded Joynd valid values (CITY OF FT. into CITY OF FT. WORTH by JOYNDs WORTH TO Peoplesoft and which will be translated into valid translates) Peoplesoft values in the integration layer, Data Mapping and Opera- A set of meetings identify processes Joynd tional Process (Excep- and data elements requirements. tions)to include Unit Testing UAT with Client Data Validation and tweaking of code CITY OF FT. WORTH / as needed Joynd Peoplesoft Job Sync to Nightly extract(query) from Peoplesoft CITY OF FT. WORTH / Greenhouse from nightly dropped to SFTP stie for change detec- Joynd file out of PeopleSoft lion. Changes from the previously re- ceived file will be loaded to Greenhouse for Jobs. Additional"positions"to that job will be done manually in Greenhouse to the same job. Job Codes, Position IDs, drug test,and other required fields.will come from Peoplesoft query II. Deployment The Deployment phase includes the steps necessary to move the Joynd Solution into production. Move to Production requires 5 business days from end of UAT III. Assumptions and Expectations • SFTP site for the drop of files will be on Joynd SFTP VI. Timeframes Typically 6 to 8 weeks from the time access to CITY OF FT. WORTH API's are build and system is UAT ready Pricing Schedule A: SAAS Subscription Order Form for one direction integrations Schedule B — Scope of Work Integration Description Implementation Annual Fee Fee Full Design City of Ft. Worth Peoplesoft Bridge Hires and Re- $ 28,500 $5,400 hires Upload using import bridge Job Sync Peoplesoft to Greenhouse $4,500 $600 Payment Schedule: Implementation Fee: 70% due upon Signature and 30% balance due upon initiation of user ao- ceptance testing. Annual Fee: First Year Annual Fee due upon Completion of initiation of user acceptance testing. Agreement Signatures The Parties each represent, covenant, and warrant that each has authority and power to sign this SOW and to be bound by the terms and conditions hereof. Joynd LLC City of Ft. worth Dianna Sheppard Valerie Washington CEO Assistant City manager Date: Oct 26,2020 Date: Nov 2,2020 bek�Sl aw-r7 1 &66A, Signature:Dianna Sheppard(0 2,202020:49 PDT) Signature:Valerie Washington(Nov 2,202010:32 CST) Joynd Accounts Receivable Billing Contact: ITS Finance Group Emily Carter Cynthia Tyree or April Jacquez Emily.carter@joynd.io Email: FinanceOperations@fortworthtexas.gov Phone: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Schedule B — Scope of Work EXHIBIT A Fields may be added or deleted as required Summary Integration Tier: 1) Extend standard data translation to include Promotion (in addition to Hire, Rehire,Transfer) PeopleSoft Tier 1) Deliver Staging Table Definition 2) Deliver Staging Table Load Module 3) Deliver Staging Table Review UI Components 4) Deliver Load to PeopleSoft Module 5) Provide guidance in reconciliation of delivered modules to Ft. Worth PeopleSoft environment 6) Provide guidance to implement auto-stage/load based on Ft.Worth PeopleSoft environment 7)Assist in System/Unit/Functional testing BRIDGE Overview I. Delivery of Joynd' standard PeopleSoft project (CMBridge) which contains staging tables in Peo- pleSoft's database,a PeopleSoft-native Staging User Interface,and program components to load data from staging tables to production data stores. a. XML-formatted files are delivered via SFTP in this case.The files would be in a format that is consumable by the CMBridge staging load, and thus viewable by the Staging UI. Integration data can thus be loaded,for instance, into PeopleSoft standard components in Talent Acquisi- tion or New Hire targets . b. The client is responsible for orchestration that moves files from their SFTP host to network shares that are accessible by the Staging system. c. The Staging Load,Staging UI, and Load to Production of CMBridge are all developed in People- Tools. d. Clients can extend or customize the CMBridge components as necessary to meet changing needs and maintain the Bridge in-house if they customize it. The bridge does not include Cus- tom Components as delivered. e. Changes to the Staging UI where a client might desire to see the additional data in an audita- ble format on screen. f. Changes then to the final Load to Production process g. From this scoping exercise a consulting agreement and pricing would be drawn up. Schedule B - Scope of Work CMBridge - Standard Flow Summary This summary is intended to provide a high-level overview of the CMBridge delivery for PeopleSoft.As such, details are limited to file transfer and client-side process flow.Additional documentation detailing operations flow,software logic flow, and transJoyndion XML formats are available on request. Network Transfer 1) ExtrJoynds are initiated on a source system on a scheduled basis. 2) Joynd marshals data into target-consumable format(XML files) 3) XML files are posted to shared SUP for client access. 4) Client retrieves XML files into internal storage 5) CMBridge loads files into standard Staging Tables for review by Staging UI ATS ClouclMills Client Client PeopleSoft Production DMZ/ Production Environment FTP Environment � uwv.awmemm � .. fin,,, cocr�ner ➢ Initial Data ➢ Polls ATS for F„e° `""°"ifi f11WZ le' State:New completed New Hire Hire records Information ➢Transforms complete& recordsinto ready to specified XML interface format Controller transfers �t ➢ Encrypts output encrypted file ➢ sFTP to ClouclMills file from or Client FTP s ite DMZ ➢ Controller decrypts PeopleSoft file ➢ People5oft imports file Figure 1-Network Flow from Source System to Client PeopleSoft Load Overview Following SFTP transport to the client's PeopleSoft host,transJoyndion files are loaded into PeopleSoft deliv- ered intermediate database Staging tables for transJoyndion review and, if needed, correction.Approved transJoyndions are then flagged for posting into production data stores for TAM or HRMS visibility.The client has the option of orchestrating to perform the full load from XML files to Staging tables and directly into pro- duction without review in the Staging UI. In this use case, it is anticipated that the volume of successful transJoyndions outweighs potential errors, relying on posting notifications to flag individual transJoyndions that need further attention to successfully post. Schedule B - Scope of Work Favorites Main_Menu > Cloudmills Events ,�DNevvWintlovv gCustor «Backto Search Eventld Z70005 Status Stagetl + I Save Changes Loatl Now>. EmpIID =00005 Created 0610112015 228PM La9t 0610912015 32521AMbY 0610912015 32521AM Upd D[Tm Comments t. Regional Audi rf EFf Date Last Name First Neme Preferred Middle Name Name Date of Birth Gender Hi Educ Le Mar status National ID First Suffix 1 06ID1120198 Cloutl Michael �� 03f23f195 [2} Female • BacheloYs+ IM 111111234 Autli � rf Atltlress Courrtry Atltlress Rddress Line 2 Atltlress Line City Slate Pastel Code Type Line 1 3 1 HOME C irginia Bea ® 23454 ❑+ IE Audd rf •Phone Type Telephone Phone Extension Preferred Country Cod- 0 ❑ o I 0 Address Audd rf •Contact Name •Relation Same Addr Same Phone Prim Crdct Phone Country Telephone Type 1 Cloud,Jane [SPOUSE* ��1 ♦ Fa, o 0 Figure 2-Staging III,transloyndion for approval/load JOBS to Greenhouse from Peoplesoft Nightly Load to SFTP site Position Job, Posting �Pp: Departm Location Regular! FulllPart Pay Pay DOT Drug Number Code Title sition �ent Tempora Time Range Range Position Test Title _ AL From To 00000015 AP1041 City Mana City Mana City Mana City Hall Regular Full-Time 0.010 0.010 N N 00000016 PR1050 Deputy Ch Deputy Ch City Mana City Hall Regular Full-Time ################ N N 00000018 TC5010 AdministrAdministn City Mana City Hall Regular Full-Time ################ N N Schedule B - Scope of Work RCgGisitinn❑wnet(g),RECCnitCF and Hiring Mana9er Rea a Requic"lnfe min R tlo,❑ 1,nerR—.] 'R"wkMllen Reeruaar taut IJxer] ...,—,N— Nquisitlon Hiring M—ger [SNeM User] Approvals: Rr•yuisil:bn Approvers! [Add+Re .] •nrfq Apprwaes: [AMR.n .] Requisition Status RN isitim Number Pomeo(Opemd flak: •SfaWr: yia:l any Fur Rpyl Yral v •Clml.y Gam: •Created Gam: ,.0,7C,;, Filled date: Requisition infCrmation: Job Code: vacancy Gale •Pp itivn 14-1— 'Per ReT.RR From: •P.—Number •Par Aa Fmrn: •Pmtly Title: Pay R.,.in PS P -..T,I. MO t'eysun xrngpra xne •Number d Yxarcras: hefneneesrSnR lnkr 'lec.lbn: Plrare eNasf � •NR 1eHl,y Hradk: xeee Requ�reQ lrs wne ^ ar5 E ua y Pl4 PannPSM 'GaPiMynl: Pleaaa select •D,,iM N J •�^� ;aeeee ere«t- � •our r�maiRre Rr, J •ER+wm,n.Ta stew.; -b,e�=c�.,- J •w�: x J R�Pw.iuv,raney: ..w.r.a e.erel ..:J •wrs� N ::� EuVlN�0el^9 a[glaeee' Job Into I GreenbouNf x } Y app.g—nilousa.io/plans/1159165 • O 0 T.-�eo O PNwb FIN" MANUAL ENTRY opeNaa.v.. rr:1 .owe oaiarzoia ...zR .o,ee osiorimra ACCEPTED AND AGREED: CITY: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person re- sponsible for the monitoring and administration of U&16-6� this contract,including ensuring all performance By: Valerie Washington(Nov 2,2020 10:32 CST) and reporting requirements. Name: Valerie Washington Title: Assistant City Manager Date: Nov 2,2020 By: David ZeUrner(oclj7202009:56 CDT) Name: David Zellmer Approval Recommended: Title: Interim Assistant Director,IT Solutions Approved as to Form and Legality: By: Name: Kevin Gunn p{� Title: Director,IT Solutions da�FORr��n°° a By: JB Strong(Nov 1, 02015:23csT) 0A, °° °°°°°°�0 Name: John B. Strong Attest: C-a o�=v Title: Assistant City Attorney o �U aaa�rt�ca5baa o Contract Authorization: �uaaa4� By: M&C: NA Name: Mary J Kayser Title: City Secretary VENDOR: Joynd LLC bekr S -r7 By: Dianna Sheppard(Oc 2,202020:49 PDT) Name: Dianna Sheppard Title: CEO Date: Oct 26,2020 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX