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HomeMy WebLinkAboutContract 53499-R5A7CITY SECRETARY CONTRACT NO. 53499-R5A7 RENEWAL 5, AMENDMENT 7 TO CITY SECRETARY CONTRACT NO. 53499 This Renewal and Amendment is executed by and between the City of Fort Worth (hereafter "City") and Benevate, LLC (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 Contract was executed for Vendor to provide the City with software for the enrollment, qualification, administration and reporting for five (5) programs. WHEREAS, through Amendments to the Agreement, the Parties have since added additional set vices to the scope of the Agreement; WHEREAS, the fourth renewal term of the Contract recently expired on February 4, 2025 but the Parties continued operating under the same terms and conditions and intended to renew the Agreement for an additional term; WHEREAS, the City and Vendor now wish to memorialize their agreement to renew the term of the Contract for continued set -vices pursuant to the original Contract, specifically from February 5, 2025, to February 4, 2026. NOW, THEREFORE, City and Vendor acting herein by and through their duly authorized representatives, enter into the following agreement to renew the contract with the following amended terms: 1. For this Renewal Term 5, all users in the City's CORE portal (223) will be invoiced annually at a rate of $1,650.00 each. a. Additional users may be added to the CORE portal for $1,650.00 per user during the term of this Renewal 5. Charges will be prorated based on the annual rate. 2. The City shall continue to have access to the Snowflake Data Warehouse for the CORE portal (223) for Renewal Term 5. The annual rate for this subscription is $10,000.00. 3. For this Renewal Term 5, all users in the City's Disaster Recovery Portal (715) will be invoiced annually at a rate of $2,700.00 each. a. Additional users may be added to the DR Portal for $2,700.00 per user during the term of this Renewal 5. Charges will be prorated based on the annual rate. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 4. All new programs added to any of the City's portals will be invoiced based on the Vendor's then -current rates at the time the service is requested. 5. The Amended Exhibit A, attached hereto, is incorporated into the Agreement. 6. 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. ACCEPTED AND AGREED: CITY OF FORT WORTH: nay aGt.!''Akdalcic By: Dana Burghdoff (Ma'�'20, 202� 12:41 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: APPROVAL RECOMMENDED: lbtw By: Name: Kacey Bess Title: Neighborhood Services Director ATTEST: popT°naa a°s°o By: �o Name: Jannette Goodall Title: City Secretary aa,Xp4dp n¢naoo5� VENDOR: Benevate, LfL�C By: 4.1 Name: J. j4s Rusnak Title: President Date: May 12 52025 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: �2 Name: Rhonda Hinz Title: NSD Sr Admin Set -vices Manager APPROVED AS TO FORM AND LEGALITY: By. Name: Jessika J. Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 22-0115 & 25-0312 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 portals/programs: Renewal 5: February 5, 2025 — February 4, 2026 CORE Portal (223) User Subscriptions Purchased: 85 User Subscriptions are assigned as follows: • Neighborhood Services: 85 Users Programs Purchased and/or Contained in CORE Portal (223): (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) (Invoice 12171) Additional Services Purchased for CORE Portal (223): Snowflake Data Warehouse ERAP Portal (329) ERAP Portal (329) has been paid through 11/15/2029 (Invoice 11588) and includes the following: • Access to ERAP portal (329) for 7 Administrator Users/3 Read -Only Users • Hosting/Security in Microsoft FedRAMP Data Center • Data Storage, Backup, and Recovery • Technical Support (Monday — Friday: 8:00 a.m. to 8:00 p.m. EST) • Access to all Tenant, Landlord, and Vendor (e.g. utility) cases and documents • Access to the ERAP dashboard and Treasury reporting, including all required updates to Treasury reports • Access to Report Builder for ad hoc reporting ERAP Portal (329) transitioned to a maintenance portal 11/16/2023 and include the following changes: • Tenants and Landlords do not have ability to create new applications or edit existing cases ("Read Only" Access) • Tenants do not have the ability to submit Additional Funding Requests • New funding cannot be added/disbursed (Funding Tab has "Read Only" Access) • Approval functionality is disabled • Support provided by a general pool of CSMs - no assigned CSM Any additional users will be invoiced annually at $2,400.00 per user. DR Portal (715) User Subscriptions Purchased: 15 Programs Purchased for DR Portal: (1) Rehab (Renewal 4) 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. 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 Horns by emailing sumortameighborlvsoftware.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. City of Fort Worth, Texas Mayor and Council Communication DATE: 04/08/25 M&C FILE NUMBER: M&C 25-0312 LOG NAME: 19NEIGHBORLY SOFTWARE 2024 AMENDMENT SUBJECT (ALL) Authorize Execution of Amendment Number 7 to City Contract with Benevate, LLC. to Authorize Funding for a Fifth Renewal Term and to Increase the Total Contract Amount by $135,000.00 for a New Total Amount Up to $885,000.00 for Neighborly Software Licenses and Training for the Neighborhood Services Department RECOMMENDATION: It is recommended that the City Council authorize amendment number seven to City Secretary Contract No. 53499 with Benevate, LLC. to authorize funding for a fifth renewal term and to increase the total contract amount by $135,000.00 for a new total amount up to $885,000.00 for Neighborly Software licenses and training for the Neighborhood Services Department. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize amendment seven to City Secretary Contract No. (CSC) 53499 with Benevate, LLC. to: (1) authorize funding for a fifth renewal term for the period of February 5, 2025, through February 4, 2026, and (2) increase the total contract amount by $135,000.00 for a new total amount up to $885,000.00. The original contract with Benevate, LLC. was executed February 4, 2020, to purchase a comprehensive software solution, Neighborly Software, for enrollment, administration and reporting of its housing and community development programs, offered by Neighborly Software. This included a fully streamlined process for members of the public applying for rental assistance and housing programs, subrecipient agencies applying for competitive grants, and developers/contractors bidding for housing development projects. Neighborhood Services Department (NSD) had already established a positive relationship with Neighborly, including a successful program implementation nearly two years prior to the effective date of CSC No. 53499. In February 2020, the Rehabilitation & Construction Management Division of NSD initially established a relationship with this vendor with the implementation of a pilot program creating an applicant portal for clients applying for Priority Repair, LeadSafe, Weatherization, and Healthy Homes for Heroes housing rehabilitation programs. The original agreement was for an initial period of one year (February 5, 2020 — February 4, 2021), covered administrator fees for 22 staff members, and included an unspecified number of automatic annual renewals to provide hosted software for the enrollment, qualification, administration and reporting services for the Neighborhood Service Department's Priority Repair (PRP), LeadSafe (Lead), Weatherization (WAP)-owner occupied, WAP-rental and Healthy Homes 4 Heroes programs. The Neighborly portal is accessible directly from the NSD website and reduced the need for paper applications or in -person appointments to apply for programs, which resulted in more efficient time management and staff utilization. It also allowed applicants the opportunity to upload documents directly to the system and submit applications 24 hours a day and provided an audit log and status updates visible to both staff and applicants. The usage of the program grew to include two portals with a current total of 20 programs being serviced. Over the course of the last 5 years, the Agreement has been amended a total of six times to incorporate standard City of Fort Worth contract language, to increase the overall spending authority, to increase the total number of licenses provided, and to incorporate new programs and any related fees. On February 22, 2022, Council authorized a Professional Services Agreement with Benevate, LLC. for an amount not to exceed $750,000.00 over a period of five years to include user licenses, technical support and training (M&C 22-0115). At the time, the City was in its second renewal term with Benevate, LLC. and the authorized five-year period was meant to incorporate the years that the City was already in a contractual relationship with Benavate, LLC. After approval of M&C 22-0115, the contract was renewed for its third renewal term from February 5, 2023 to February 4, 2024. It was subsequently renewed for a fourth renewal term from February 5, 2024 to February 4, 2025. The underlying Agreement does not incorporate a limit on the number of renewals; only the related M&C does. Approval of this M&C will authorize funding for a fifth term for the period of February 5, 2025, through February 4, 2026, and will also increase the total contract amount by $135,000.00 for a new total amount up to $885,000.00. This purchase is approved as exempt from competitive bidding as it is necessary to preserve or protect the public health or safety of the City of Fort Worth's residents. NSD uses this software to facilitate programs that directly assist the public and are designed to protect their health and safety. If NSD is unable to complete this purchase, or is required to use another software after performing a competitive procurement, many of the programs would be jeopardized in the process and damage the public health by exposing the City's citizens to unnecessary risks associated with homelessness and unperformed repairs through housing rehabilitation. Changing to a new or different software also poses a risk of data and application loss. The City and the public cannot afford to take that risk or any further delay in processing applications for these programs. It is critical, in the interest of public health, that this software currently in use by the City for these programs is maintained. 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. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds will be available in the current operating budget, as previously appropriated, in the Grants Operating Federal Fund and General Fund. Prior to an expenditure being incurred, the Neighborhood Services Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Dana Burghdoff 8018 Oriainatina Business Unit Head: Kacey Bess 8187 Additional Information Contact: Rhonda Hinz 2573