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#19-002-NS Amendment #2 (Benevate, Inc.)SECOND AMENDMENT TO AGREEMENT No.19-002-NS FOR GRANT MANAGEMENT SOFTWARE THIS SECOND AMENDMENT, made and entered into on this Jt 44 - , 2020, by and between Benevate, Inc. (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County" or "Customer"): WHEREAS, on October 15, 2018, the County entered into a SAAS Services Agreement with Contractor for the purchase of a hosted software for the enrollment, qualification, administration and reporting of federal and state grant programs with a one-time implementation fee of $6,000 and annual hosting, maintenance and support fee of $33,000; and WHEREAS, on February 17, 2020, the County administratively approved the First Amendment to the Agreement to include additional grant programs, add ten (10) additional user licenses and increase annual hosting, maintenance and support fee to $49,800; and WHEREAS, staff wishes to further amend the Agreement to: 1) modify Exhibit "A" — Services Statement of Work and Exhibit "D" — Service Fee to include seven (7) additional Administrative Licenses at an additional cost of $6,300 and replace the Affordable Housing Density Bonus Program with the Asset Management Program; and, 2) revise the expenditure threshold language found under Section 11. Supplemental Terms and Conditions to require Collier County Board of County Commissioners approval of expenditures exceeding $50,000; and WHEREAS, staff wishes to obtain Board approval of the annual expenditure of $56,100 under this Agreement as per Section Three of the Collier County Procurement Ordinance 2017-08 requiring that the Board of County Commissioners execute contracts in excess of $50,000. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed by the parties as follows: 1. Except as modified through this Amendment, all other terms and conditions of the Agreement shall remain the same. Words S lTkr-evigh are deleted; Words Underlined are added Services Fees: 08 $56,100.00 per year, payable Initial Service Term: Two (2) years from Effective Date annually in advance, subject to the terms of Section 4 and Per User Pricing attached as Exhibit D hereto. Page i of 3 Second Amendment to Agreement # 19-002-NS TERMS AND CONDITIONS 11. Supplemental Terms and Conditions 11.1 Threshold: By execution of this Agreement, Company and Customer agree that services acquired under this Agreement shall not exceed Fifty Thousand Dollars ($50,000) per County fiscal year (October Pt thru September 30tt') without the prior approval of the Collier County Board of County Commissioners. This amount is not to be construed as a minimum or maximum guarantee agreement value. 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:" a. Public Services Grant Management (CDBG/HOME) b. Homeless Grant Management (ESG) c. Down Payment Assistance Program d. Housing Rehabilitation Program e. Services for Seniors Program f. County -Wide Impact Fee Deferral g. Affordable Heus�ag Density g. Asset Management Program EXHIBIT D SERVICE FEE Service Fees Annual Fee Number of Users & Programs Hosting, Maintenance and Support 00.00* • 2-8 35 Administrator Licenses described in Exhibit A and B $56,100.00* • 7 Programs as defined in Exhibit A *Company reserves the right to increase the annual Services fees at the end of the Initial Service i erm or men -current renewal term by no more than 5% of the then previous year's cost ("Renewal Price Cap"), upon thirty (30) days prior notice to Customer (which may be sent by email) Page 2 of 3 Second Amendment to Agreement # 19-002-NS IN WITNESS WHEREOF, the parties have executed this Second Amendment on the date and year first written above by an authorized person or agent. ATTEST: Crystal K. Kinzel, Clerk of Court & (s AIM31aso sign h-c, only. Contractor's Witnesses: r- First kCthess 111 — �ecy TType/print witness nameT Second Witness TType/print witness nameT BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Burt L. Saunders, Chairman CONTRACTOR: BENEVATE, INC. By: Signature TType/print signature and titleT Date ' ApppoVW as to Fo and gality: De County Attorney ��� a �. Print Name Page 3 of 3 Second Amendment to Agreement # 19-002-NS C�'