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HomeMy WebLinkAboutContract 53262-A5R1CSC No. 53262-A5R1 FIFTH AMENDMENT AND FIRST RENEWAL TO FORT WORTH CITY SECRETARY CONTRACT NO. 53262 This Fifth Amendment and First Renewal ("Fifth Amendment") to Fort Worth City Secretary Contract No. 53262 ("Agreement) is made between the City of Fort Worth ("City,") a Texas municipal corporation and Origami Risk LLC ("Vendor,") a Delaware limited liability company. City and Vendor are each individually referred to herein as a "party" and collectively referred to as the "parties." WHEREAS, City and Vendor entered into an Agreement identified as City Secretary Contract No. 53262 beginning December 20, 2019 (the "Agreement") for one five-year term in a total amended contract amount not to exceed $882,179.00; WHEREAS, on December 23, 2024, City and Vendor entered into the Fourth Amendment to the Agreement to extend the length of the term by two months, and increase the overall value of the Agreement by One -Hundred Thousand Dollars ($100,000.00) pursuant to an administrative change order; WHEREAS, the current term of the Agreement expires on February 19, 2025; WHEREAS, on January 28, 2025, through M&C 25-0062, the Fort Worth City Council authorized the execution of five (5) one-year renewal options in an amount not to exceed $1,232,894.00; WHEREAS, it is the collective desire of the parties to amend the Agreement to include three additional renewal options, through M&C 25-0062, and increase the total contract amount by $730,965.00 for a revised total contract amount not to exceed $1,713,131.64; WHEREAS, it is the collective desire of the parties to renew the Agreement as set forth in the paragraph above with pricing in accordance with Exhibit A-3 Order Form No. 20240220; and WHEREAS, it is the collective desire of the parties to amend the Agreement to include Exhibit B-1 Statement of Work No. 20240220 for Risk Management Information System (RMIS) Configuration. NOW THEREFORE, known by all these present, the Parties, acting herein by and through their duly authorized representatives, agree to the following terms, which amend the Agreement as follows: I. AMENDMENTS 1. The Agreement is hereby amended to extend the term of the Agreement by one year with two additional automatic one-year renewal terms following immediately thereafter and increase the total contract amount by $730,965.00 for the renewal terms for a revised total contract amount not to exceed $1,713,131.64. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Fifth Amendment and First Renewal to Fort Worth City Secretary Contract No. 53262 Page 1 of 3 2. The Agreement is hereby amended to include Exhibit 13-1 Statement of Work No. 20240220, attached to this Fifth Amendment, for Risk Management Information System (RMIS) Location Hierarchy Configuration in an amount of $9,000.00. Statement of Work No. 20240220 will be purchased through available contract spend authority remaining from the Administrative Change Order authorized through the Fourth Amendment to CSC 53262 and will not affect the revised total contract amount of $1,713,131.64. II. RENEWALS 1. The Agreement is hereby renewed from February 20, 2025 through February 19, 2026, with two additional automatic one-year renewals immediately thereafter, with pricing in accordance with Exhibit A-3 Order Form No. 20240220, attached hereto and made a part thereof the Agreement. Payment for each contract year will be paid in accordance with the invoicing schedule set forth in Exhibit A-3 Order Form No. 20240220. 2. The revised total contract amount will not exceed $1,713,131.64 with total expenses for Renewal Term Year 1 not to exceed $252,655.00, as amended. III. MISCELLANEOUS 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] Fifth Amendment and First Renewal to Fort Worth City Secretary Contract No. 53262 Page 2 of 3 Executed effective as of the date signed by the Assistant City Manager below. City: By: Name: Richard Zavala Title: Interim Assistant City Manager Date: Mar 7, 2025 Origami Risk, LLC By: Cam- ;;;. Name: Earnest Bentley Title: President, Risk Solutions Date: 3/7/2025 CITY OF FORT WORTH INTERNAL ROUTING PROCESS: Approval Recommended: By: /-� Name: Kevin Gunn Title: Director, IT Solutions Approved as to Form and Legality: M. k-m;z// By: M. Kevin Anders, II (Mar 7, 2025 15:58 CST) Name: M. Kevin Anders, II Title: Assistant City Attorney Contract Authorization: M&C: 25-0062 Approval Date: 01/28/2025 Form 1295: 2025-1253339 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: Mark (Mar 7,202515:45CST) Name: Steven Vandever Title: Sr. IT Solutions Manager City Secretary: � ..�xsS2vxs By: Name: Jannette Goodall Title: City Secretary q fOvvRnpILtq v°'►' ���9C0 Fo pvo =°d QaQBIl nez agq p OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Fifth Amendment and First Renewal to Fort Worth City Secretary Contract No. 53262 Page 3 of 3 ORIGAMI RISK CONFIDENTIAL ORDER FORM #20240220 CONTACT INFORMATION Client: City of Fort Worth, Texas Bill To Contact: Mark Barta Address: 200 Texas Street Bill To Email: mark.barta@fortworthtexas.gov Fort Worth, TX 76102 Primary Contact: Sophia Gatewood Is purchase order (PO) required? ❑ Primary Contact Email: Upon entering into this Order Form, please send any Pos, sophia.gatewood@fortworthtexas.gov vendor registration links or tax exemption certificates to finance(aorigamirisk. com SUBSCRIPTION DETA S Subscription Term: 36 Months Effective Date: 2024-02-20 I RECURRING SUBSCRIPTIONS — LICENSES I Subscription Quantity / Functionality Purchased RMIS Functionality Selected Full User(s) 2 User(s) Light User(s) 8 User(s) Claims Admin User(s) 10 Claims Admin User(s) Mobile Forms App License Selected EHS - Safety Management Up to 2999 User(s) EHS Portal User(s) Up to 5000 User(s) EHS - Chemicals and Materials Management Up to 2999 User(s) EHS Admin License 1 Special License(s)* Annual Total: $148,475.00 RECURRING SUBSCRIPTIONS — HOSTING Subscription Quantity / Functionality Purchased Hosting, Network & Storage Up to 15 GBs of Database Size Additional Non -Searchable File Attachment Storage 500 Additional GBs of Non -Searchable File Attachment Storage Additional File Attachment Storage 100 Additional GBs of Searchable File Attachment Storage Free Non -Searchable File Attachment Storage Includes 100 GBs of Non -Searchable file storage Staging Environment Staging Selected Annual Total: $54,625.00 RECURRING SUBSCRIPTIONS — DATA PROCESSING Subscription Quantity / Functionality Purchased HR Employee Demographic Import Integration Selected 1099 Data Interface or Export Data Feed Selected Accounts Payable 2 Way Interface Integration Selected CMS-111 Interface Integration Selected ISO Claim Search / Fraud Indexing Integration Selected PeopleSoft Subrogation 2-way Interface > Encrypted Flat File Special Data Processing via SFTP Claims, Transactions, and Notes Feed Monthly/Quarterly Feed From — AWPrx CONFIDENTIAL ` ORIGAMI RISK Claims, Transactions, and Notes Feed Monthly/Quarterly Feed From — Sedgwick Annual Total: $54,875.00 Epw RECURRING SUBSCRIPTIONS — Client Support �7 Subscription I Quantity / Functionality Purchased Client Support Tier Selected Client Support tier includes support resourcing based on up to 10 hours of Client Support services per month beginning on the Effective Date. Annual Total: $27,500.00 RECURRING SUBSCRIPTIONS — ADDITIONAL FEES M Subscription Quantity / Functionality Purchased Client Conference Registration 1 Attendee(s)** Annual Total: $1,500.00 Annual Fees (before discount): $286,975.00 Discount (applied to $286,975.00): ($43,320.00) Total Annual Fees: $243,655.00 BILLING DETAILS AND ADDITIONAL TERMS This Order Form is effective as of the Effective Date (as identified above) for the purchase of the subscription services listed above from Origami Risk LLC ("Origami"). This Order Form is subject to all the terms and conditions of the underlying agreement between Client and Origami (the "Agreement"). To the extent the Agreement does not contemplate order forms, this Order Form will be deemed a Statement of Work for purposes of the Agreement. This Order Form will be deemed a part of the Agreement. Origami and Client agree that the term of the Agreement shall be extended through the duration of the term of this Order Form. Fees for the first year of recurring subscription fees and all one-time fees under this Order Form will be invoiced and due upon execution of this Order Form. Fees for ongoing contract years are due annually upfront on each anniversary date thereafter. All fees are subject to applicable sales tax, which will appear separately on each invoice. All travel costs and expenses will be pre -approved by Client in writing and billed to Client as incurred. Service descriptions and service -specific terms and conditions are set forth at oriaamirisk.com/servicedescriptions, which are hereby incorporated by reference in the form available at such link as of the Effective Date. Additional professional services may be set forth in other Statements of Work as agreed between the parties. *EHS Admin. License — is typically used by the Client's internal users. This license provides access to all the capabilities of the platform, which is included in EHS functionality. ** Client Conference Registration - This Order Form allows for one (1) attendee registration for each Origami Risk user conferences held during the span of this Agreement. Registration fees do not include any additional fees, such as boot camp or hotel and travel expenses. AMENDMENT TO THE AGREEMENT The following language is added to the Agreement as a new subsection under "GENERAL": (j) Piggybacking. Client hereby agrees that, to the extent agreed by Origami, any other federal, state or local governmental entity in the United States may rely on (and "piggyback" on) the terms and conditions of this Agreement, including the process used to enter into this Agreement; provided that any resulting agreement between Origami and any such governmental entity shall be a separate contractual agreement and shall not impose any obligations or liability on Client. "'t" ORIGAMI RISK CONFIDENTIAL ORDER FORM APPROVAL The undersigned agree to this Order Form. ORIGAMI RISK LLC s.. B Y Name: Earnest Bentley (Print Name) Title: President, Risk Solutions Date: February 5, 2025 CITY OF FORT WORTH, TEXAS By: Name: Richard Zavala (Print Name) Title: Interim Assistant City Manager Date: M a r 7, 2025 STATEMENT OF WORK #20240220 This Statement of Work ("SOW") describes services to be performed by Origami Risk LLC ("Origami") for City of Fort Worth, Texas ("Client"). This SOW is subject to all the terms and conditions of the underlying agreement between Client and Origami (the "Agreement"). Capitalized terms used herein shall have the meanings set forth in the Agreement. TERM The term of this SOW shall begin upon the execution of this SOW by both parties and shall terminate upon the completion of the implementation work described herein. IMPLEMENTATION Implementation is the process of configuring the Service for use by Client as contemplated in the "Implementation Scope" section of this SOW. Client's provision of timely and accurate specifications, direction and feedback is essential to the implementation. Both parties understand that time is of the essence with regard to the implementation and agree to use reasonable and good faith efforts to promptly complete the implementation. Based on conversations with the Client, this SOW includes up to 40 hours of professional services for the implementation deliverables set forth in this SOW. In the event that additional hours are needed to complete the implementation deliverables, the parties may enter into a separate amendment or statement of work to purchase such additional hours. Implementation Scope Origami will work with Client to perform the following implementation tasks: LRMIS Configuration Deliverable Scope Location Hierarchy Configure Origami's fields, codes, and forms for a single Location form and an initial import of Configuration Location data into a single hierarchy. Assumptions: • Client will provide the data file in delimited or fixed width format using Origami's standard layout. • Client will manually maintain location hierarchy via Origami UI. Includes Origami's best practice screen designs and will allow for a single round of changes on the specification(s) developed. User Acceptance Testing Provide support for UAT. (UAT) Support Assumptions: • Client will create UAT test plan and execute all UAT scenarios. Project Management Origami will designate a project manager to provide project management activities during the Implementation. Origami will follow a set of best practices and tools to manage the implementation project which includes the items listed below: Origami will: • Maintain a project schedule on a weekly basis with key deliverables and expected dates to drive design, configuration, and sign off of specifications and unit testing for each deliverable to ensure project stays in scope and on time. Client will: • Complete all Client assigned project tasks (e.g., discovery sessions, data gathering, unit testing, sign off) in accordance with the agreed upon timeline. • Coordinate all activity within Client's organization to complete Client's tasks on the project schedule. • Coordinate all activity of Client's 3rd party providers (data sources, brokers, TPAs, etc.) required to complete tasks on the project schedule Page I CLIENT ROLES AND RESPONSIBILITIES • Client will designate, prior to the start of the implementation, a single point of contact who shall be responsible to coordinate and manage all activities required within Client's organization to complete Client's tasks on the project schedule and make decisions on behalf of Client. This single point of contact may be changed at any time upon Client's notice to Origami. • Client will provide requested information within a reasonable timeframe as agreed upon by Client and Origami; if providing the requested information is not achievable or will take longer than preferred, Client will promptly inform Origami of the situation and alternative solutions will be determined. • Client will help resolve project issues and assist with bringing issues to the attention of the appropriate persons within the organization, as required. • Client will coordinate all activity of Client's 3rd party providers required to complete tasks on the project schedule and Client will be primarily responsible for obtaining information and resolving any issues pertaining to third party products or services used by Client, if necessary. Client will be responsible for any charges levied by 3rd party providers. • Client agrees generally to provide other reasonable assistance and cooperation to see that services are successfully completed (e.g., participate in status calls and working meetings, provide specifications, direction, and feedback as needed by Origami in a timely manner, etc.) • For any deliverables that Origami provides to Client for approval, Client will confirm approval or provide necessary details on any requested remediation promptly. • Client will be responsible for testing and quality assurance related to the implementation within the timeframe as agreed upon in the project schedule. Client will ensure that all configurations and customizations operate as intended (including functionality, usability and data access rights), and Origami shall not be responsible for any damages caused by any such configurations or customizations. • Client will have final responsibility for decisions regarding all configurations and customizations (such as forms, dashboards, interfaces, reports, workflows and data flows), as agreed upon in the design documentation created by or for Client or Client's users in the Service. • Outside of the implementation scope set forth in this SOW, Client shall have the ability to configure additional default dashboards, fields, forms, user roles, distribution lists, reports and other features as needed by Client. • Client will review and approve specifications provided by Origami and acknowledges that requests for substantial deviations from the specification are outside the scope of the project. PRICING AND INVOICE SCHEDULE Origami will invoice Client $9,000.00 for the Professional Services detailed in this SOW. Such payment shall be invoiced by Origami upon signature of this SOW by both parties and due in accordance with the terms of the Agreement. If needed, additional professional services can be purchased through a separate statement of work. All fees are subject to state sales tax, where applicable. All travel costs and expenses will be pre -approved by Client in writing and billed to Client as incurred. STATEMENT OF WORK APPROVAL The undersigned agree to this Statement of Work. ORIGAMI RISK LLC By: G' Name: Earnest Bentley (Print Name) Title: President, Risk Solutions Date: February 5, 2025 CITY OF FORT WORTH, TEXAS By: Name: Richard Zavala (Print Name) Title: Interim Assistant City Manager Date: Mar 7, 2025 Page ii 2/6/25, 4:55 PM M&C Review CITY COUNCIL AGEND Create New From This M&C Official site of the City of Fort Worth, Texas Foe4 H DATE: 1/28/2025 REFERENCE **M&C 25- LOG NAME: 040RIGAMI RISK FIVE - NO.: 0062 YEAR RENEWAL TERM CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Execution of Five One -Year Renewals for City Secretary Contract No. 53262 with Origami Risk, LLC for a Risk Management Information System Cloud -Based Software for the Human Resources Department through the Information Technology Solutions Department for a Total Contract Amount Not to Exceed $1,232,894.00, with an Amount Not to Exceed $243,655.00 for Years One, Two, and Three, and an Amount Not to Exceed $250,964.50 for Years Four and Five RECOMMENDATION: It is recommended that City Council authorize execution of five one-year renewals for City Secretary Contract No. 53262 with Origami Risk, LLC for a Risk Management Information System (RMIS) cloud - based software, licenses, hosting, data, and support services for the Human Resources Department through the Information Technology Solutions Department for a total contract amount not to exceed of $1,232,894.00, with an amount not to exceed $243,655.00 for years one, two, and three and an amount not to exceed $250,964.50 for years four and five. DISCUSSION: On December 10, 2019, City Council approved Mayor and Council Communication (M&C) 19-0367 authorizing a new service agreement with Origami Risk, LLC for a Risk Management Information System (RMIS) cloud -based software. The City executed City Secretary Contract (CSC) 53262 on December 17, 2019 for a five-year agreement in the amount of $511,925.00 with renewal terms available by mutual agreement of the parties. On July 30, 2021, the City executed Amendment No. 1 to CSC 53262 administratively change the contract to include a one-time fee of $24,975.00 and three (3) claims adjusting user licenses and recurring fees of $6,750.00 each. On August 23, 2022, M&C 22-0602 authorized Amendment No. 2 to CSC 53262 to add a staging environment, ongoing support hours, and implement two new data feeds, dashboards and reporting configuration for the RMIS for a one-time cost of $40,141.66 and additional recurring costs of $34,100.00. On June 27, 2023, M&C 23-0530 authorized Amendment No. 3 to CSC 53262 to add a safety module to the existing RMIS for a revised total contract amount of $882,179.00. The IT Solutions Department requested and received a Chapter 252 Exemption from the Legal Department under a Sole -Source Exemption for Origami Risk Software -as -a -Service. On December 23, 2024, the City executed Amendment No. 4 and Extension No. 1 to extend the expiration date of year 5 from December 19, 2024 to February 19, 2025 and administratively increase the total contract amount by $100,000.00 for a revised total contract amount of $982,179.00. This amendment allowed for services to continue until approval is received for a five-year renewal term. This M&C requests authorization to execute five one-year renewal terms for CSC 53262 with Origami Risk in a total contract amount not to exceed of $1,232,894.00. The City of Fort Worth is committing to five years with Origami Risk if mutually agreed upon by both parties at the time of each one-year renewal term. Annual costs are as follows: apps.cfwnet.org/cou ncil_packet/mc_review. asp? I D=32927&councildate=1 /28/2025 1 /3 2/6/25, 4:55 PM M&C Review Renewal Year Renewal Year Renewal Year Renewal Year Renewal Year 5 1 2 3 4 Total Annual Fees $243,655.00 $243,655.00 $243,655.00 $250,964.50 $250,964.50 Total Five -Year Renewal Amount $1,232,894.00 This renewal term will allow the Human Resources Department to ensure continued compliance with Risk and Safety requirements and continue providing an integrated Risk Management program with comprehensive database where all necessary functions of RMIS, Environmental Safety and Health, and Governance, Risk, and Compliance (GRC) are available for all city departments. This program actively houses the City's risk management incident and safety claims including events that do not involve injuries or loss and provides an online reporting portal for any new incidents. DVIN: This project was approved for a waiver per the Chapter 252 exemption, as a sole source by the Legal Department. Therefore, the business equity goal requirement is not applicable. Funding is budgeted in the Other Contractual Services account within the Info Technology Systems Fund. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. AGREEMENT TERMS: Upon City Council approval, this agreement shall begin upon execution of the renewal and expire one (1) year from that date. RENEWAL TERMS: This agreement may be renewed for four (4) successive one-year renewal terms at the City's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. Upon expiration of the fifth renewal term, the departments will seek Mayor and Council approval for a second, five (5) year renewal period. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the recommendation, funds are available in the current operating budget, as previously appropriated, in the Info Technology Systems Fund. Prior to an expenditure being incurred, the Information Technology Services Department has the responsibility to validate the availability of funds. TO Fund Department Account Project ID ID FROM Fund Department Account Project ID ID Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Reference # Amount Year (Chartfield 2) Program Activity Budget Year Mark McDaniel (6316) Kevin Gunn (2015) Mark Deboer (8598) Approved Request for Waiver Business Equitv GoaI.PDF (CFW Internal) Citv of Fort Worth - Oriaami Form 1295 Certificate 2025.pdf (CFW Internal) Reference # Amount (Chartfield 2) apps.cfwnet.org/cou ncil_packet/mc_review. asp? I D=32927&councildate=1 /28/2025 2/3 2/6/25, 4:55 PM M&C Review FID Table Oriaami Risk 5-vear Renewal ITS Onlv.xlsx (CFW Internal) ITS Only - Fund Availabilitypdf (CFW Internal) apps.cfwnet.org/cou ncil_packet/mc_review. asp? I D=32927&councildate=1 /28/2025 3/3