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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: Uu4 By: Name: Victor Turner Title: Neighborhood Services Director ATTEST: po�vanub � C� FORT�a ° d oo0 p�,,o 0!`g °•IP PVo o=d Oda*o°)°.0�°00000 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: 7 �rmce )M/ Name: Terrance Jones Title: Neighborhood Services Manager APPROVED AS TO FORM AND LEGALITY: By9—` uJ� 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.