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HomeMy WebLinkAboutContract 52288-A4 CSC No. 52288-A4 FOURTH AMENDMENT TO FORT WORTH CITY SECRETARY CONTRACT NO. 52288 This Fourth Amendment to Fort Worth City Secretary Contract No. 52288("Fourth Amendment")is made between the City of Fort Worth("Fort Worth"),a municipal corporation and Paymentus,a Delaware Corporation ("Vendor"). WHEREAS,Fort Worth and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 52288 beginning December 1,2018(the "Agreement"); and WHEREAS,the parties previously amended the Agreement to increase the maximum amount per payment per credit card to $10,000,the maximum amount per check payment w to $2,500, and to allow multiple payments in each case;and WHEREAS,the parties amended the Agreement a second time to include the American Express(AMEX) with the Absorbed Fee Model in Schedule A; and WHEREAS,the contract was amended a third time to increase the contract amount by$100,000.00 by utilizing the Administrative Amendment funding approved on M&C C-28976, and the "not to exceed"amount increased from$3,020,845.00 to $3,120,845.00;and WHEREAS,the parties wish to further amend the Agreement to extend the expiration date to May 12,2013 and increase the contract amount as authorized by M&C 22-0718. NOW THEREFORE,known by all these present,Fort Worth and Vendor, acting herein by and through their duly authorized representatives,agree to the following terms,which amend the Agreement as follows: 1. The agreement shall be extended to expire on May 12,2023; and 2. The contract amount shall be increased by$1,000,000.00,at a total annual cost of$4,120,845.00. All other terms,provisions,conditions,covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration BAGu7 of this contract,including ensuring all performance By: Dana Burghdoff( t6,202 9:48CDT) and reporting requirements. Name: Dana Burghdoff Title: Assistant City Manager �Ul�IGIGLt�GZl�G�1 Date: By: William Bailey(Oct4,2022 :38 CDT) Name: William Bailey Approval Recommended: Title: IT Manager,Water Department Approved as to Form and Legality: CGIl--II�LGI z 6�yW- By:ChristopherH rder(Oct6,202207:20CDT) c� Name: Christopher Harder / l Title: Director,Water Department By: Name: Taylor Paris Attest: Title: Assistant City Attorney Contract Authorization: M&C: 22-0718 By: J ette S.Goodall(Oct 6,2022 13: DT) gd�� Name: Jannette Goodall a�F°FD!;r° 4� Title: City Secretary PJ6 C °°O�d FYI.o d �° ° 0 oo 0 0 2� 0� / VENDOR: daa�nEXA`-oo�p Paymentus Corporation By: Z' Name: avid Shapiro Title: Senior Vice President OFFICIAL RECORD CITY SECRETARY Date: September 22, 2022 FT. WORTH, TX 9/16/22,9:48 AM M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo�n Create New From This M&C DATE: 9/13/2022 REFERENCE **M&C 22- LOG NAME: 60PAYMENTUS CSC 52288 NO.: 0718 CONTRACT AMEND CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize the Ratification of Expenditures in the Amount of$355,413.07; Authorize the Extension of the Agreement with Paymentus Corporation (CSC 52288) for the Water Utility's Bill Payment Processing Services Through May 12, 2023; and Increase the Contract Amount by $1,000,000.00 RECOMMENDATION: It is recommended that the City Council: 1. Ratify expenditures in the amount of $355,413.07 incurred by the City of Fort Worth from March 31, 2022 through April 30, 2022; 2. Authorize the execution of a contract amendment to extend City Secretary Contract 52288, the agreement with Paymentus Corporation for the Water Utility's bill payment processing services, to expire on May 12, 2023; using an Inter-Local Agreement; and 3. Authorize the execution of contract amendment to agreement City Secretary Contract 52288 with Paymentus Corporation to increase the contract amount by $1,000,000.00, at an annual cost of $4,120,845.00. DISCUSSION: On December 11, 2018, Council approved a contract with Paymentus Group Inc. to provide an enhanced payment processing solution for the Water Utility, City Secretary Contract (CSC) 52288, in the annual amount of$3,020,845.00, utilizing an inter-local agreement with the City of North Richland Hills. On May 10, 2022, CSC 52288-A3 was approved and amended the agreement by adding the administrative funds in the amount of$100,000.00 in order to cover some of the amount by which the contract fell short. However, there were additional costs that required the department to exceed the contract amount. Staff requests the ratification of expenditures in the amount of$355,413.07 that was incurred between March 31, 2022 and April 30, 2022. This Mayor and Council Communication covers increases in fees due to higher volumes of online water bill payments. Fees are paid to Paymentus on a per-transaction basis for each water bill paid via the website or the IVR. The total value of the spending need is based upon current and projected transaction volume. Staff is also requesting that the spending authority for this agreement be increased by $1,000,000.00 so as not to fall short towards the end of the agreement, based on the current costs. The maximum spending authority will equal $4,120,845.00 annually. Finally, Staff requests the authorization to extend the agreement to expire on May 12, 2023, rather than the current November 30, 2022, according to the terms of the Inter-local agreement with the City of North Richland Hills. This extension will allow the final renewal to equal one year, after which the contract will be re-evaluated. ADMINISTRATIVE CHANGE ORDER - An administrative change order or increase may be made by the City Manager in the amount up to maximum allowed under state law and the City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERM -This Agreement will commence upon City Council approval and end on May 12, 2023, to coincide with the City of North Richland Hills Inter-local agreement dates. apps.cfwnet.org/council_packet/mc_review.asp?ID=30270&councildate=9/13/2022 1/2 9/16/22,9:48 AM M&C Review RENEWAL OPTIONS - This Agreement will have no renewals. Funding is budgeted in the Bank Charges account of the Water Department's rollup within the Water& Sewer Fund and will also be included in the Fiscal Year 2023 Operating budget. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations funds are available in the current operating budget, as previously appropriated, and upon adoption of the Fiscal Year 2023 Budget by the City Council, funds will be available in the Fiscal Year 2023 Operating Budget, as appropriated, in the Water& Sewer Fund. Prior to an expenditure being incurred, the Water Utility has the responsibility to validate the availability of funds. TO Fund Department Account Project ProgramActivity Bud et Reference # Amount I ID I ID I l Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Dana Burghdoff(8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Charmaine Baylor (6629) ATTACHMENTS 60PAYMENTUS CSC 52288 CONTRACT AMEND FID TABLE.xlsx (CFW Internal) 60PAYMENTUS CSC 52288 CONTRACT AMEND funds availability pdf (CFW Internal) Conflict of Interest Question naire(�,pdf (Public) a pps.cfwnet.o rg/council_packet/mc_review.asp?I D=30270&cou nci Idate=9/13/2022 2/2