Agenda 07/14/2020 Item #16D16 (3rd Amendment to Agreement #19-002-WV with Benavate, Inc.)07/14/2020
EXECUTIVE SUMMARY
Recommendation to approve the Third Amendment to Agreement No. 19-002-WV with Benavate,
Inc.,(“Benavate”), for Grant Management Software, approve the expenditure in the amount of $14,300,
and authorize the Chairman to sign the attached amendment.
OBJECTIVE: To continue to administer and monitor Federal, State, and local grant programs using a
grant management software system.
CONSIDERATIONS: Collier County Community and Human Services Division (“CHS”) administers
numerous Federal, State, and local grant programs with thousands of clients, hundreds of applicants, and
many sub-recipients. Ongoing compliance monitoring for grant projects can range from as little as five (5)
years to as many as twenty (20) years. Implementation of a life cycle system for grant management is
essential to Collier County to streamline grant operations, increase timeliness and accuracy, and ensure
consistency for the management of activities. Benavate is the producer and sole source vendor of the
Neighborly Software’s Economic and Community Development hosted software used by the County.
Collier County Ordinance No. 2017-08 at Section 11, subsection 10, authorizes the use of sole source
procurements where the decision to select one (1) vendor over another is base d upon a lack of
competition, proprietary technology, copyright, warranty, or a supplier’s unique capability to provide the
product or service.
On October 15, 2018, the County administratively entered into a service contract for a CHS grant
management software program in the amount of $33,000, along with a one-time implementation fee of
$6,000 for a total of $39,000. The initial implementation of the system is complete, and staff is using the
software program to manage most grant programs. On February 17, 2020, the county entered into a First
Amendment to the Agreement increasing the annual hosting, maintenance, and support fee amount to
$49,800 to add additional staff administrative licenses and to integrate two (2) additional grant program
modules: the affordable housing density bonus and countywide impact fee tracking. On June 9, 2020
(Agenda Item #16.D.9), the Board approved a Second Amendment to the Agreement to cover the costs
associated with adding seven (7) more administrative licenses, which increased the agreement amount by
$6,300 for a total agreement amount to $56,100 annually.
The proposed Third Amendment to the Agreement is sought in response to meeting the needs of Collier
County residents and business owners affected by COVID-19. Staff is required to manage the grant
awarded and program activities for those who are eligible to receive assistance in Collier County. The
proposed Third Amendment provides for:
1. A one-time implementation and configuration fee of $8,000 for the Micro-Enterprise/Small
Business and Rental/Mortgage/Utility Assistance Programs and two (2) months of increased Database
Service Capacity to support CARES ACT activities.
2. An increase to the annual Hosting, Maintenance, and Support fee to $62,400, which is effective
upon execution of the Third Amendment.
The cost of the additional software and licenses will be paid through COVID-19 funding.
FISCAL IMPACT: The proposed action described in this executive summary will increase the funding
amount by $14,300. Funding is available in Gen Fund (001), Client Assistance Cost Center 155930, and
the Human Services Grant Fund (707), Project 33699.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact.
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07/14/2020
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires majority vote
for Board approval. -SRT
RECOMMENDATION: To approve the Third Amendment to Agreement No. 19-002-WV with
Benavate, Inc., for Grant Management Software, approve the expenditure in the amount of $14,300, and
authorize the Chairman to sign the attached amendment.
Prepared By: Lisa N. Carr, Sr. Grants Coordinator, Community & Human Services Division
ATTACHMENT(S)
1. 19-002-NS Amend#3_Benevate_VendorSigned (PDF)
2. SS-BenevateInc_Federal Provisions (PDF)
3. [LinkedX] 19-002-WV_Amend#2_FullyExecuted (PDF)
4. [LinkedX] 19-002-NS_Amend_1_Benevate_FullyExecuted (PDF)
5. [LinkedX] 19-002-WV_Agreement_Fully Executed (PDF)
6. FY20 Waiver Request 086 - Benevate (2nd Amendment) (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.D.16
Doc ID: 12826
Item Summary: Recommendation to approve the Third Amendment to Agreement No. 19-002-
WV with Benavate, Inc., ("Benavate"), for Grant Management Software, approve the expenditure in the
amount of $14,300, and authorize the Chairman to sign the attached amendment.
Meeting Date: 07/14/2020
Prepared by:
Title: Grants Coordinator – Community & Human Services
Name: Lisa Carr
06/30/2020 4:51 PM
Submitted by:
Title: Manager - Federal/State Grants Operation – Community & Human Services
Name: Kristi Sonntag
06/30/2020 4:51 PM
Approved By:
Review:
Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 06/30/2020 4:55 PM
Community & Human Services Maggie Lopez Additional Reviewer Completed 06/30/2020 4:58 PM
Community & Human Services Kristi Sonntag CHS Review Completed 06/30/2020 5:13 PM
Procurement Services Sue Zimmerman Additional Reviewer Completed 06/30/2020 6:07 PM
Community & Human Services Lisa Carr Additional Reviewer Skipped 07/01/2020 9:08 AM
Procurement Services Sandra Herrera Additional Reviewer Completed 07/01/2020 12:12 PM
Operations & Veteran Services Joshua Hammond Level 1 Reviewer Completed 07/01/2020 1:02 PM
Public Services Department Joshua Hammond Additional Reviewer Completed 07/01/2020 1:03 PM
Public Services Department Todd Henry Level 1 Division Reviewer Completed 07/01/2020 3:14 PM
Public Services Department Steve Carnell Level 2 Division Administrator Review Completed 07/01/2020 3:26 PM
Grants Erica Robinson Level 2 Grants Review Completed 07/01/2020 5:16 PM
Grants Carrie Kurutz Additional Reviewer Completed 07/02/2020 11:06 AM
County Attorney's Office Scott Teach Level 2 Attorney Review Completed 07/06/2020 9:35 AM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 07/06/2020 9:41 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 07/06/2020 10:40 AM
Grants Therese Stanley Additional Reviewer Completed 07/06/2020 2:22 PM
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Budget and Management Office Ed Finn Additional Reviewer Completed 07/07/2020 9:13 AM
County Manager's Office Nick Casalanguida Level 4 County Manager Review Completed 07/07/2020 10:59 AM
Board of County Commissioners MaryJo Brock Meeting Pending 07/14/2020 9:00 AM
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FEDERAL PROVISIONS AND CERTIFICATIONS
CFDA 21.019 – CARES ACT
Page 1 of 5
The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other
specifications. In cases of disagreement with any other section of this contract, the Supplemental Conditions shall govern. This is an acknowledgement that
the United States Department of the Treasury financial assistance through the State of Florida, Division of Emergency Management under the CARES Act,
section 601(d) of the Social Security Act will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law,
regulations, executive orders, CARES Act policies, procedures, and directives. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the
definition of CONTRACTOR is an entity that receives a Contract / Purchase Order.
Termination:See Standard Purchase Order and/or Contract Terms and Conditions
Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is
required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded
(defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R.
pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification
is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and
2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not
limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.
Contractors placed on the State of Florida convicted vendor list following a conviction for a public entity crime or on the State of Florida discriminatory vendor
list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in
excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all
necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible.
(b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring
that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,
when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business
enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and
women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the
Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the
affirmative steps listed in paragraphs (1) through (5) of this section. Contractors may seek opportunities with minority businesses, women's business
enterprises, and labor surplus area firms using the Dynamic Small Business Search tool: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm
Rights to Inventions Made Under a Contract or Agreement (37 CFR § 401.2):Not applicable.
Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) ($100,000 or more): Contractors who apply or bid for an award of $100,000 or more shall
file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also
disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to
tier up to the recipient.”
Clean Air Act (42 U.S.C.7401-7671q.)and the Federal Water Pollution Control Act (33 U.S.C.1251-1387)($150,000 or more),as amended Contractor
agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water
Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency
(EPA).
Procurement of Recovered Materials (§200.322) (Materials Over $10,000): ($10,000 or more): 1. In the performance of this contract, the Contractor shall
make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— a. Competitively
within a timeframe providing for compliance with the contract performance schedule; b. Meeting contract performance requirements; or c. At a reasonable
price. 2. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web
site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program 3. The Contractor also agrees to comply with all other applicable
requirements of Section 6002 of the Solid Waste Disposal Act.”
Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and
other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by
arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction.
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FEDERAL PROVISIONS AND CERTIFICATIONS
CFDA 21.019 – CARES ACT
Page 2 of 5
COLLIER COUNTY
Certification Regarding Debarment, Suspension, and Other Responsibility Matters
Primary Covered Transactions
(1) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification;
and
(d) Have not within a three-year period preceding this application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
_____________________________________
DUNS Number
_____________________________________
Tax ID Number
________________________________
Name
________________________________
Title
________________________________
Firm
_________________________________________________________________________
Street Address, City, State, Zip
Signature
J. Jason Rusnak 071701687
81-0880368President
Benevate Inc. (dba Neighborly Software)
3423 Piedmont Rd. NE Atlanta, GA 30305
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FEDERAL PROVISIONS AND CERTIFICATIONS
CFDA 21.019 – CARES ACT
Page 3 of 5
COLLIER COUNTY
Certification Regarding Lobbying
The undersigned certifies, to the best of his or her knowledge, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file
the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
The Contractor, __________________________, certifies or affirms the truthfulness and accuracy of each
statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the
provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
In addition, the Contractor understands and agrees that the provisions of 11.062, Florida Statutes ., apply to this
certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name of Authorized Official and Title
Date
Benevate, Inc.
J. Jason Rusnak, President
6/29/2020
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FEDERAL PROVISIONS AND CERTIFICATIONS
CFDA 21.019 – CARES ACT
Page 4 of 5
Benevate, Inc.81-0880368
X
XX
XXXX
X
X
N/A
J. Jason Rusnak 6/29/2020 President
Jason.Rusnak@NeighborlySoftware.com 703.864.7231 N/A
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FEDERAL PROVISIONS AND CERTIFICATIONS
CFDA 21.019 – CARES ACT
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Not Applicable
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SECOND AMENDMENT TO AGREEMENT No. 19-002-NS
FOR
GRANT MANAGEMENT SOFTWARE
THIS SECOND AMENDMENT, made and entered into on
20205 by and between Benevate, Inc. (the "Contractor") and
County, a political subdivision of the State of Florida, (the "County" or "Customer"):
this
Collier
WHEREAS, on October 155 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 el�estg# are deleted; Words Underlined are added
Services Fees: � $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 1 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 1 st thru September
301) 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.
Services Statement of Work
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
DensityAffbrdable Housing ��U
EXHIBIT D
SERVICE FEE
Service Fees
Annual Fee
Number of Users &Programs
Hosting, Maintenance and Support
$4%800:00*
• 24 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 Term or then -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
N 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 &
Contractor's Witnesses:
t
First 1dVitness U
TType/print witness nameT
JAW 41
w 4�L
Second Wi ness
TType/print witness nameT
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Burt L. Saunders, Chairman
CONTRACTOR:
BENEVATE, INC.
it 8a „rA.
Date '
as to Fo}� and Llegality:
County Attorney
Print Name
Page 3 of 3 1
Second Amendment to Agreement # IM02-NS
DocuSign Envelope ID: 5B479329-C790-4108-9EF9-C8AF3A2F54DF2/17/2020DocuSign Envelope ID: 67F028B6-1F0E-425F-AAA2-E7782B601A0F
DocuSign Envelope ID: 5B479329-C790-4108-9EF9-C8AF3A2F54DF2/14/2020PresidentJason RusnakDocuSign Envelope ID: 67F028B6-1F0E-425F-AAA2-E7782B601A0FScott R. Teach
BENEVATE INC, (dba NEIGHBORLY SOFTWARE) SAAS SERVICES ORDER FORM
Customer: Collier County Board of County
Contact: Kristi Sonntag, Manager-Federal/State Grants
Commissioners, FL c/o Community and Human Services
Operation
Division
Address: 3339 East Tamiami Trail, Suite 211
Phone: 2394524228
Naples, FL 34112
Email: Kristi.Sonntaii(i�colliercountyil.Eov
Services: Company will use commercially reasonable efforts to provide Customer the services described in the Services
Statement of Work ("SOW") attached as Exhibit A hereto (the "Services
Services Fees: $33,000.00 per year, payable annually in
Initial Service Term: Two (2) years from Effective Date
advance, subject to the terms of Section 4 and Per User
Pricing attached as Exhibit D hereto.
Implementation Services: Company will use commercially reasonable efforts to provide Customer the services
described in the Implementation Services Statement of Work attached as Exhibit C hereto ("Implementation Services"),
and Customer shall pay Company the Implementation Fee upon completion of work. Payments shall comply with
Chapter 218, Fla. Stat., otherwise known as the "Local Government Prompt Payment Act."
Implementation Fee (one-time): $6 000.00
SAAS SERVICES AGREEMENT
This SaaS Services Agreement ("Agreement") is entered into on this �•.� day of October, 2018 (the "Effective Date") between
Benevate Inc with a place of business at 3423 Piedmont Rd. NE, Suite 216, Atlanta, GA 30305 ("Company" or "Contractor"), and
the Collier County Board of County Commissioners, c/o Community and Human Services Division ("Customer" or "County").
This Agreement includes and incorporates the above Order Form, as well as the attached Terms and Conditions and contains, among
other things, warranty disclaimers, liability limitations and use limitations. There shall be no force or effect to any different terms of
any related purchase order or similar form even if signed by the parties after the date hereof unless approved by both Company and
Customer through an Amendment to this Agreement,
Benevate Inc. (dba Neighborly Software) SAAS Services Order Form
TERMS AND CONDITIONS
1. SAAS SERVICES AND SUPPORT
1.1 Company will use commercially reasonable efforts to
provide Customer the services described in the Statement of Work
("SOW") attached as Exhibit A hereto.
1.2 Subject to the terms of this Agreement, Company will use
commercially reasonable efforts to provide Customer the Services
as described in in accordance with the Service Level Terms
attached hereto as Exhibit B.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 Customer will not, directly or indirectly: reverse
engineer, decompile, disassemble or otherwise attempt to discover
the source code, object code or underlying structure, ideas, know-
how or algorithms relevant to the Services or any software,
documentation or data related to the Services ("Software");
modify, translate, or create derivative works based on the Services
or any Software (except to the extent expressly permitted by
Company or authorized within the Services); use the Services or
any Software for timesharing or service bureau purposes
2.2 Customer represents, covenants, and warrants that
Customer will use the Services in compliance with all applicable
laws and regulations. To the extent limited by law, Customer
hereby agrees to indemnify and hold harmless Company against
any damages, losses, liabilities, settlements and expenses
(including without limitation costs and attorneys' fees) in
connection with any claim or action that arises from an alleged
violation of the foregoing.
The foregoing paragraph shall not constitute a waiver of sovereign
immunity by the Customer beyond the limits set forth in Section
768.28 Florida Statutes.
2.3 Customer shall be responsible for obtaining and
maintaining any equipment and ancillary services needed to
connect to, access or otherwise use the Services, including,
without limitation, modems, hardware, servers, software,
operating systems, networking, web servers and the like
(collectively, "Equipment").
3. CONFIDENTIALITY; PROPRIETARY RIGHTS
3.1 Each party (the "Receiving Party") understands that the
otAner party (the "Disclosing Party") has disclosed or may disclose
business, technical or financial information relating to the
Disclosing Party's business (hereinafter referred to as "Proprietary
Information" of the Disclosing Party). Proprietary Information of
Company includes non-public information regarding features,
functionality and performance of the Service. Proprietary
Information of Customer includes non-public data provided by
Customer to Company to enable the provision of the Services
("Customer Data"). The Receiving Party agrees: (i) to take
reasonable precautions to protect such Proprietary Information,
and (ii) not to use or divulge to any third person any such
Proprietary Information.
The parties acknowledge and agree that all provisions of the
Florida Public Records Law, Chapter 119, are and shall be
binding and enforced at all times with regard to all action and
activities under this Agreement. Nothing in this Agreement shall
prohibit or create any liability on the Customer and Company for
complying in good faith with the Florida Public Records Law,
Chapter 119, Florida Statutes,
3.2 Customer shall own all right, title and interest in and to
the Customer Data, as well as any data that is based on or derived
from the Customer Data and provided to Customer as part of the
Services.
Security of confidential personal information shall comply with
the Florida Information Protection Act, F.S. 501.171
3.3 Company shall own and retain all right, title and interest
in and to (a) the Services and Software, all improvements,
enhancements or modifications thereto, (b) any software,
applications, inventions or other technology developed in
connection with Implementation Services or support, and (c) all
intellectual property rights related to any of the foregoing.
3.4 Notwithstanding anything to the contrary, Company shall
have the right to collect and analyze data and other information
relating to the provision, use and performance of various aspects
of the Services and related systems and technologies (including,
without limitation, information concerning Customer Data and
data derived therefrom), and Company will be free (during and
after the term hereof) to (i) use such information and data to
improve and enhance the Services and (ii) disclose such data
solely in aggregate or other de -identified form in connection with
its business.
4. PAYMENT OF FEES
4.1 Customer will pay Company the then applicable fees
described in the Order Form for the Services and Implementation
Services in accordance with the terms therein (the "Fees").
Company reserves the right to increase the annual Services fees at
the end of the Initial Service Term or then -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). Company reserves the right to modify the
Per User Pricing, set forth on Exhibit D, at time of renewal subject
to Customers right to reject and terminate for convenience with a
thirty (30) days prior notice.
F7
Benevate Inc. (dba Neighborly Software) SAAS Services Order Form
4.2 Company may choose to bill through an invoice, in which
case, full payment for invoices shall be made upon receipt of a
proper invoice and in compliance with Chapter 218, Fla. Stat.,
otherwise known as the "Local Government Prompt Payment
Act.". The fees do not include any taxes, including, without
limitation, sales, use or excise tax. If Customer is a tax-exempt
entity, you agree to provide Company with a tax-exempt
certificate. Otherwise, Company will pay all applicable taxes to
the proper authorities and Customer will reimburse Company for
such taxes. If Customer has a valid direct -pay permit, you agree to
provide us with a copy. For clarity, Company is responsible for
paying Company's income taxes, both federal and state, as
applicable, arising from Company's performance of this
Agreement.
Collier County, Florida, as a political subdivision of the State of
Florida, is exempt from the payment of Florida sales tax to its
Contractors under Chapter 212, Florida Statutes, Certificate of
Exemption #85-8015966531&16
4.3 The parties acknowledge that appropriation of funds is a
governmental function which the Customer cannot contractually
commit itself in advance to perform and this Agreement does not
constitute such commitment. The Customer's obligation to pay
under this Agreement is contingent upon Customer's annual
appropriation of funds for such purpose, and the non -appropriation
of funding for such purpose in any fiscal year shall immediately
relieve both parties of their respective obligations hereunder, as of
the last day for which funds have been appropriated. The
Customer shall endeavor, upon determining that sufficient funds
will not be budgeted and appropriated in any fiscal year under this
Agreement, to provide prompt written notice within 30 days of
such event,
5. TERM AND TERMINATION
5.1 Subject to earlier termination as provided below, this
Agreement is for the Initial Service Term as specified in the Order
Form, and may be renewed for additional three (3) one (1) year
renewal periods of the same duration as the Initial Service Term
(collectively, the "Term"), unless either party requests termination
at least thirty (30) days prior to the end of the then -current term.
5.2 In addition to any other remedies it may have, either party
may also terminate this Agreement upon thirty (30) days' notice
(or without notice in the case of nonpayment), if the other party
materially breaches any of the terms or conditions of this
Agreement. Customer will pay in full for the Services up to and
including the last day on which the Services are provided.
Customer may terminate Agreement for convenience with a
thirty (30) day written notice.
5.3 Upon the termination of this Agreement Company shall,
within five (5) business day following the termination of this
Agreement, provide Customer, without charge and without any
conditions or contingencies whatsoever (including but not limited
to the payment of any fees due to Service Provider), with a final
extract of the Customer Data in CSV or mutually agreed upon file
format. Further, Company shall certify to Customer the
destruction of any Customer Data within the possession or control
of Company, but such destruction shall occur only after the
Customer Data has been returned to Customer. This Section shall
survive the termination of this Agreement.
6. WARRANTY AND DISCLAIMER
Company shall use reasonable efforts consistent with
prevailing industry standards to maintain the Services in a manner
which minimizes errors and interruptions in the Services and shall
perform the Implementation Services in a professional and
workmanlike manner. Services may be temporarily unavailable
for scheduled maintenance or for unscheduled emergency
maintenance, either by Company or by third -party providers, or
because of other causes beyond Company's reasonable control,
but Company shall use reasonable efforts to provide advance
notice in writing or by e-mail of any scheduled service disruption.
HOWEVER, COMPANY DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE;
NOR DOES IT MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE
SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS
SECTION, THE SERVICES AND IMPLEMENTATION
SERVICES ARE PROVIDED "AS IS" AND COMPANY
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE,
7. INDEMNITY
To the maximum extent
permitted by law, Company shall
hold Customer harmless from liability to third parties resulting
from infringement by the Service of any United States patent or
any copyright or misappropriation of any trade secret, provided
Company is promptly notified of any and all threats, claims and
proceedings related thereto and given reasonable assistance and
the opportunity to assume sole control over defense and
settlement; Company will not be responsible for any settlement it
does not approve in writing.
Indemnification is subject to the limitation set forth in Section
768.28, Fla. Stat.
8. LIMITATION OF LIABILITY
NOTWITHSTANDING ANYTHING TO THE
CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON
OR PROPERTY DAMAGE, COMPANY AND ITS SUPPLIERS
(INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT
AND TECHNOLOGY SUPPLIERS), OFFICERS,
AFFILIATES, REPRESENTATIVES, CONTRACTORS AND
EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE
K�
Benevate Inc. (dba Neighborly Software) SAAS Services Order Form
WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT OR TERMS AND CONDITIONS RELATED
THERETO UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR
OR INTERRUPTION OF USE OR FOR LOSS OR
INACCURACY OR CORRUPTION OF DATA OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY
INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER
BEYOND COMPANY'S REASONABLE CONTROL; OR (D)
FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS
ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE
FEES PAID BY CUSTOMER TO COMPANY FOR THE
SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS
PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY,
IN EACH CASE, WHETHER OR NOT COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
9. INSURANCE
9.1 During the course of performing services under this
Agreement, Company agrees to maintain the following levels of
insurance: (a) Commercial General Liability of at least
$1,000,000; (b) Cyber Liability of at least $1,000,000; (c)
Technology Errors and Omissions of at least $1,000,000.
Company will add Customer as an additional insured, primary and
noncontributory, to our Commercial General Liability policy.
Company will provide Customer with copies of certificates of
insurance upon Customer's written request.
10. MISCELLANEOUS
10.1 If any provision of this Agreement is found to be
unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this
Agreement will otherwise remain in full force and effect and
enforceable.
10.2 This Agreement is not assignable, transferable or
sublicensable by Customer except with Company's prior written
consent. Neither Party may transfer and assign any of its rights
and obligations under this Agreement without the written consent
of the other.
10.3 This Agreement is the complete and exclusive statement
of the mutual understanding of the parties and supersedes and
cancels all previous written and oral agreements, communications
and other understandings relating to the subject matter of this
Agreement, and that all waivers and modifications must be in a
writing signed by both parties, except as otherwise provided
herein.
10.4 No agency, partnership, joint venture, or employment is
created as a result of this Agreement and Customer does not have
any authority of any kind to bind Company in any respect
whatsoever.
10.5 All notices under this Agreement will be in writing and
wilI be deemed to have been duly given when received, if
personally delivered; when receipt is electronically confirmed, if
transmitted by facsimile or e-mail; the day after it is sent, if sent
for next day delivery by recognized overnight delivery service;
and upon receipt, if sent by certified or registered mail, return
receipt requested.
10.6 Company may not use Customer's name and logo in a list
of customers section on its website without prior written consent
of Customer.
10.7 This Agreement shall be governed and construed in all
respects in accordance with the laws of the State of Florida as they
apply to a contract executed, delivered and performed solely in
such State. The parties hereby irrevocably consent to the exclusive
jurisdiction and venue of the State or Federal courts in Collier
County, in the State of Florida, for any and all claims and causes
of action arising from or related to this Agreement.
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 I" thru September 30"). This amount is not
to be construed as a minimum or maximum guarantee agreement
value.
11.2 Public Entity Crime. By its execution of this
Agreement, Company acknowledges it will comply with Section
287.133 of the Florida Statutes and inform Customer of the
conviction of a public entity crime.
11.3 COMPLIANCE WITH LAWS. By executing and
entering into this Agreement, the Contractor is formally
acknowledging without exception or stipulation that it agrees to
comply, at its own expense, with all federal, state and local laws,
codes, statutes, ordinances, rules, regulations and requirements
applicable to this Agreement, including but not limited to Collier
County CMA#5401, Information Systems Procurement and
Lifecycle Management, as amended, F.S. §501.171 Security of
Confidential Personal Information, Immigration Reform and
Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and
regulations relating thereto, as either may be amended; taxation,
workers' compensation, equal employment and safety including,
but not limited to, the Florida Public Records Law Chapter 119,
including specifically those contractual requirements at F.S. §
119.0701(2)(a)-(b) as stated as follows:
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
4
Benevate Inc. (dba Neighborly Software) SAAS Services Order Form
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
Communication and Customer Relations Division
3299 Tamiami Trail East, Suite 102
Naples, FL 34112-5746
Telephone: (239) 25M383
The Contractor must specifically comply with the Florida Public
Records Law to:
I. Keep and maintain public records required by the public
agency to perform the service.
2. Upon request from the public agency's custodian of public
records, provide the public agency with a copy of the
requested records or allow the records to be inspected or
copied within a reasonable time at a cost that does not
exceed the cost provided in this chapter or as otherwise
provided by law.
3. Ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements
are not disclosed except as authorized by law for the
duration of the contract term and following completion of
the contract if the Contractor does not transfer the records
to the public agency.
4. Upon completion of the contract, transfer, at no cost, to the
public agency all public records in possession of the
Contractor or keep and maintain public records required
by the public agency to perform the service. If the
Contractor transfers all public records to the public agency
upon completion of the contract, the Contractor shall
destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public
records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public
records. All records stored electronically must be
provided to the public agency, upon request from the
public agency's custodian of public records, in a format
that is compatible with the information technology
systems of the public agency.
If Contractor observes that the Contract Documents are at
variance therewith, it shall promptly notify the County in writing.
Failure by the Contractor to comply with the laws referenced
herein shall constitute a breach of this Agreement and the County
shall have the discretion to unilaterally terminate this Agreement
immediately.
5
Services Statement of Work
l . 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
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.
2. 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.
3. Technical Support. Company will provide Technical Support to Customer via electronic mail on weekdays during the hours of
9:00 am through 5:00 pm Eastern time, with the exclusion of Federal Holidays ("Support Hours"). Customer may initiate a
helpdesk ticket during Support Hours by emailing support nei hg borlysoftware.com. Company will use commercially
reasonable efforts to respond to all Helpdesk tickets within one (1) business day.
4. 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,
5. 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.
6. 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: (a) notify Customer as soon as practicable but no later than twenty-four (24) hours
of becoming aware of such occurrence; (b) 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 or as otherwise
required by Customer; (c) in the case of PII, at Customer's sole election, (i) notify the affected individuals who comprise the PII
as soon as practicable but no later than is required to comply with applicable law, or, in the absence of any legally required
notification period, within five (5) calendar days of the occurrence; (d) in the case of PII, provide third -party credit and identity
monitoring services to each of the affected individuals who comprise the PII for the period required to comply with applicable
law, or, in the absence of any legally required monitoring services, for six (6) months following the date of notification to such
individuals; (e) perform or take any other actions required to comply with applicable law as a result of the occurrence;
Notification to affected individuals, as described above, shall comply with applicable law, be written in plain language, and
contain, at a minimum: name and contact information of Company's representative; a description of the nature of the loss; a list
of the types of data involved; the known or approximate date of the loss; how such loss may affect the affected individual; what
steps Company has taken to protect the affected individual; what steps the affected individual can take to protect himself or
herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity
monitoring services to be provided by Company. This Section shall survive the termination of this Agreement.
G
Benevate Inc. (dba Neighborly Software) SAAS Services Order Form
EXHIBIT B
Service Level Terms
The Services Percentage Uptime, defined below, shall be available 99.5%, measured monthly, excluding holidays and
scheduled downtime. Further, any downtime resulting from outages of third party connections or utilities or other reasons beyond
Company's control will also be excluded from any such calculation. Customer's sole and exclusive remedy, and Company's entire
liability, in connection with Service availability shall be a "Performance Credit."
1) Definitions.
(a) "Actual Uptime" shall mean the total minutes in the reporting month that the Services were actually available for normal use.
(b) "Maintenance Window" shall mean the total minutes in the reporting month represented by the following days) and times)
during which Service Provider shall maintain the Services: Tuesday, Thursday, Saturday I Ipm-3am ET.
(c) "Scheduled Downtime" shall mean the total minutes in the reporting month represented by the Maintenance Window.
(d) "Scheduled Uptime" shall mean the total minutes in the reporting month less the total minutes represented by the Scheduled
Downtime,
2) Calculation. (Actual Uptime /Scheduled Uptime) * 100 = "Services Percentage Uptime" (as calculated by rounding to the second
decimal point)
3) Performance Credit. Company will apply any Performance Credit to future sums for the Service otherwise payable by
Customer to Company. In the event Performance Credits remain at the conclusion of a Term and no sums from Customer to
Company are due for the Service, a check will be issued for the Performance Credit balance.
(a) Where Percentage Uptime is equal to or greater than 99.CO/ , no Performance Credit will be due to Customer.
(b) Where Percentage Uptime is less than 99.5%, Customer shall be due a Performance Credit in the amount of 5% of the Services
Fees (as calculated on a monthly basis for the reporting month)
Benevate Inc. (dba Neighborly Software) SAAS Services Order Form
EXHIBIT C
Implementation Services Statement of Work
This Implementation Services Statement of Work describes Lite Services to be performed, and Deliverables to be provided, by Company
in completion and satisfaction of the Implementation Services.
1) Company Key Roles. Company will assign an Engagement Manager who will be Customer's primary contact person and
who will coordinate all the activities of the Implementation team.
2) Customer Key Roles. Customer will assign a person to be the focal point to coordinate the user and technical support and
resources needed for the implementation, and to be responsible for approvals and decisions. This person will coordinate
data collection and reconciliation, review each stage of the implementation process, and provide end user involvement with
systems and user acceptance training. Schedule and cost estimates assume that personnel acting in the roles noted above to
be reasonably and readily available to the Company team as needed throughout the project. Additionally, all approvals and
decisions are made within a reasonable time period.
3) Implementation Steps. The following are the general steps which make up the implementation process:
■ Kickoff meeting
■ Program Design and Documentation
■ System Configuration and Signoff
■ Data Review and Validation
■ Administrator Training
■ Historical Data Collection (if applicable)
4) Implementation Deliverables. The following are the items that will be delivered as part of implementation:
a. Program Design and Documentation
■ List of all documents to be uploaded into the system as part of the Program
■ List of all documents to be generated by the system as part of the Program
b. System Configuration
■ Create Administrator accounts in the system
■ Configure Customer enrollment application in the system
■ Configure Customer specific approvals and workflow in the system, including up to thirty (30)
documents/images to be uploaded
■ Configure up to ten (10) program documents to be generated by system
C. Data Review and Validation
■ Provide at least five (5) business days for Customer to test and validate system data and configuration
d. Administrator Training
■ Conduct one (1) four (4) hour training session, which may be recorded by Customer.
e. Historical data conversion
■ Upload up to five (5) years of Customer historical data, to be provided by Customer in an electronic
format specified by Company
5) Customer Responsibilities
a. Design and approve data elements, program workflow, and eligibility criteria
b. Identify all program documents required to be stored in the system
c. Identify all program documents to be generated by the system
d. Provide historical data in electronic format specified by Company
e. Test and approve system configuration
f. Provide final sign off that the system meets all requirements ("Go Live")
g. Participate in administrator training session
Benevate Inc. (dba Neighborly Software) SAAS Services Order Form
1
SERVICE FEE
Service Fees
Annual Fee
Number of Users & Programs
Hosting, Maintenance and Support
$335000.00*
• 18 Administrator Licenses
described in Exhibit A and B
• 4 Programs as defined in Exhibit A
*Company reserves the right to increase the annual Services fees at the end of the Initial Service Term or then -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)
Per User Pricing
Additional user licenses may be purchased, pro-rata to the Initial Service Term, based on the pricing table below.
Per User Descri tion
Per User Per Month Pricin
1. Full User License — Ability to create and edit
data records, run reports, and generate program
documents.
1-10 Users
$175
11-20 Users
$125
2 1 + Users
$75
Henevate Inc. (dba Neighborly Software) SAAS Services Order Form
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have
executed this Agreement on the dates shown below to be effective the day and year first
shown above.
Collier County Board of County Commissioners, FL
c/o Community and Human Services Division
Tit
Date: l0 `" %.S'' �al
AND LEGALITY:
ty County A
Title; President, Benevate Inc
Date:
Witness
Name:
Witnesses
Name:
10
0
DATE (MM/DD/YY YY)
AC CERTIFICATE OF LIABILITY INSURANCE
MW 10/09/2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR
NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE
ISSUING BVSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of
the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER
FounderShield, LLC
119 W 24th Street, 3rd Floor
New York, New York, 10011
INSURED
Benevate
3423 Piedmont Rd NE
atlanta, Georgia, 30305
COVERAGES
CERTIFICATE NUMBER:
CONTACT NADIE:
PHONE (A/C No. Ext): 646.8544058 1 FAX (A/C No):
E-MAIL ADDRESS: col@foundershield.com
INSURERS) AFFORDING
COVERAGE
NAIL N
INSURER
A:
CONTINENTAL CASUALTY
CO (CNA)
20443
INSURER
B :
ACE FIRE UNDERWRITERS
INS CO
20702
INSURER
C :
INSURER
D :
INSURER
E :
INSURER F
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW }U1VE BEEN ISSUED TO THE INSURED NA\IED ABOVE FOR TffE POLICY PERIOD INDICATED. NOT\VITHSTANDING ANY REQUIRE\PENT, TERDI OR
CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO
ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN 6IAY HAVE BEEN REDUCED BY PAID CLAIDIS,
INSR
TYPE OF INSURANCE
ADDL
SUBR
POLICY NUMBER
POLICY EFF
POLICY EXP
LIMITS
LTR
INSD
W'VD
(MM/DD/YYYY)
(MM/DD/YYYY)
COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE
SLOOO,000.00
DAMAGE TO RENTED
5300,000.00
CLAIMS MADE OCCUR
--
PREMISES (Ea occurrence)
11fED EXP (Any one person)
SI0,000.00
A
GEN'L AGGREGATE LIMIT APPLIES PER:
Y:
6024686380
01/18/2018
01/18/2019
PERSONAL & ADV INJURY
SL0001000.00
GENERAL AGGREGATE
S250009000400
POLICY PROJECT . LOC
•
PRODUCTS-COMP/OP AGG
525000,000.00
OTHER
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
51,0009000.00
(Ea accident)
ANY AUTO
--
BODILY INJURY (Per person)
A
OWNED AUTOS '. SCHEDULED
-;.Y
6024686380
01/18/2018
01/18/2019
ONLY
BODILY INJURY (Per
accident)
HIRED AUTOS •{( NON -OWNED AUTOS
PROPERTY DAMAGE (Per
ONLY ONLY
accident)
UMBRELLA LIAB - EXCESS LIAB
Each occurence
OCCUR CLAIMS -MADE
--
Aggregate
WORKERS COMPENSATION AND EMPLOYERS'
'. PER STATUTE '.
LIABILITY
OTHER
ANYP ROPRIETOWPARTNER/EXECUTIV YIN
E.L. EACH ACCIDEN
OFFICER/MEMBER EXCLUDED?
N/A
` '
--
-"
E.L. DISEASE - EA
(Mandatory in NH)
EMPLOYEE
If yes, describe under DESCRIPTION OF OPERATIONS
E.L. DISEASE - POLICY
below
LIMIT
B
Errors & Omissions,Cyber Liability
EONGAF113209712-002
01/18/2018
01/18/2019
S i,o00,000 per occ SS,000,000 in agg
A
Property
01/18/2018
01/18/2019
S 2000,00 BPP SO deductible
6024686380
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
The Certificate Holder, Board of County Commissioners in Collier County, Collier County Government, and Collier County are included as Additional Insured on the above referenced Commercial General Liability and
Automobile Liability policy on a primaryand non-contributory basis if and to the extent where required by written contract for any and all work performed on behalf of Collier County.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, NOTICE \FILL BE DELIVERED
IN ACCORDANCE WITH THE POLICY
Collier County Board of County Commissioners
PROVISIONS.
3295 Tamiami Trail East
Naples, FL34112
AUTHORIZED REPRESENTATIVE
v
1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
Collier County
Instructions Waiver Request Form
Completed waiver requests accompanied by any associated backup documentation (sole source letter, business case, etc.) must be
submitted to the division’s Procurement Strategist for any procurement, without competition, in excess of $3,000. Waiver requests
greater than $50,000 will require approval by the Board of County Commissioners.
Sole source refers to a procurement where the selection of one particular supplier to the exclusion of all others may be based on having
only one supplier in the market place, proprietary technology, copyright, patent, or a supplier’s unique capability.
Single source refers to a procurement directed to one source because of standardization, warranty, geographic territory, or other factors,
even though other competitive sources may be available.
Requester Name:
Division:
Item/Service:
Vendor Name:
Historical
Countywide
Spend: ______________________
Requested
date range: _____________
Not to Exceed
per Fiscal Year: _______________
Is there an agreement associated with this
waiver to be reviewed by Contracts?
Yes No
Sole Source
Single Source
One Time Purchase
Multiple Purchases
Description of Purchase: Enter a description of the item(s) that will be purchased under this waiver.
Purpose: Describe in detail, the public purpose of the requested item(s) and why it is essential to County operations.
Information Technology: Select Yes if the products/services are related to Information Technology. If yes, please provide the Purchasing
Compliance Code (PCC) number or email approval documentation.
Yes No If yes, provide the PCC number:__________________________________________________
Lisa N. Carr Community and Human Services
Grant Management Software
Benevate, Inc. dba Neighborly Software
56,100.00 2020-2024 $70,000
Software, dedicated server and user licenses to manage federal and state grants and housing
programs.
Collier County CHS administers multiple grant and housing programs with thousands of clients,
hundreds of applicants, dozens of contracts and partners/subrecipients, and requiring
as many as 20 years of follow-up monitoring. For over a decade, Collier reviewed the availability of
technology solutions and there has been a dearth of available products. What was available were stand
alone solutions for one part of the process, for example applications or inspections, but not a life cycle
system that could manage the differences in each program type. Implementation of a life cycle system
for grant management is essential to Collier County to streamline grant operations, increase timeliness
and accuracy, ensure consistency and accountability, reduce time and effort on no value activities,
create an electronic permanent record, and allow for simple and accurate reporting and dashboard
management view of essential activities. Working on spreadsheets is prone to error, and lacks essential
process controls.
SASW01✔
✔
✔✔
16.D.16.f
Packet Pg. 2249 Attachment: FY20 Waiver Request 086 - Benevate (2nd Amendment) (12826 : Benevate Inc Third Amendment)
Justification: Identify the criteria that qualifies this purchase as a sole or single source. Select from the list below.
Check all that apply (if box is checked, please make sure to provide an explanation below):
Sole Source
Only Authorized Vendor or Distributor: Is this vendor the only vendor authorized to sell this product/service? If yes, explain
below and provide documentation from the manufacturer confirming claims made by the distributors.
No Comparable Product or Service: Is there another vendor who can provide a similar product/service, regardless of cost,
convenience, timeliness, etc.?
Product Compatibility: Does this product/service provide compatibility with existing equipment that prohibits switching to
another comparable brand/vendor? If yes, provide the detailed explanation below, including what would occur if the other brand/vendor
were used.
Proprietary: Is this product/service proprietary? If yes, provide a detailed explanation below on how its use is restricted by
patent, copyright or other applicable laws and provide documentation validating that claim.
Single Source
Standardization: Is this product/service part of a purchase that the County has already standardized on? If yes, please provide
the detailed information below.
Date of BCC Standardization: ___________________ BCC Agenda Item number: __________________
Warranty: Is this the only vendor able to complete factory-authorized warranty services on County owned equipment? If yes,
provide the documentation verifying the warranty.
Geographic Territory: Is this vendor the only vendor authorized to sell this product/service in our region? If yes, provide
documentation from the manufacturer confirming those claims.
Other Factors: Any other reason not listed above, explain below.
Explain: How does this purchase meet the identified sole or single source criteria listed above?
Benevate certifies that no other hosted software is available for purchase that can address all of Collier
County's Housing and Community Division need in one solution.
This software automates the enrollment, qualification, administration and reporting for the following
Community & Human Services development programs.
-Housing Rehabilitation
-Down Payment Assistance
-Affordable Housing Construction
-Public Services
-Public Facilities and Infrastructure
Enables Collier to originate, and administer deferred, forgivable and amortizing loans. Software allows
for an on line portal that allows sub-recipients to apply for grant funding, submit monthly
accomplishment reports and make draw requests.
Enables contractors to bid on construction projects, update their insurance/license information and
make draw requests.
Enables 3rd party housing inspectors and partners to administer programs on behalf of Collier County.
✔
✔
✔
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Packet Pg. 2250 Attachment: FY20 Waiver Request 086 - Benevate (2nd Amendment) (12826 : Benevate Inc Third Amendment)
How was the decision made to use this vendor? Describe in detail if a formal standardization process was performed via
Procurement or if there is a historical precedence established for the use of the product, please explain purchase and use history and the
current level of County investment in the product.
Explain why it is in the County’s best interest to use this product/service rather than issuing a competitive solicitation: What are
the benefits from the continued use? Are there costs that would be incurred if a different vendor/product was used? What would occur if
another brand/vendor was used?
Explain how this pricing compares to other vendors/products and is it considered to be fair and reasonable: Provide information
on historical use and whether pricing has increased/decreased. If sole source and no other product is available, provide the cost for
addressing the needs via an alternate approach.
Will this purchase obligate the County to future ancillary products or services? Either in terms of maintenance or standardization.
Yes No
If yes, explain what types:
As CHS has attended industry conferences over the last few years we have become exposed to
additional software solutions, and networked with other community development and housing
organizations to learn of their experience. Since Hurricane Sandy, there has been increased effort to
develop life cycle systems for HUD grant management, and so the options available in the market that
are closer to our needs are starting to increase. CHS has reviewed the functions available with several
systems (Elation, ZoomGrants, CDM, and Neighborly Software).
CHS is currently using the software system and the overall benefit we see with this system is its ability
to cover all of our programs for grants and housing, be they state, federal, or local programs. One
location for all of our programs is a huge benefit in and of itself in terms of maintenance, training,
consistency, etc.
CHS has reviewed the functions available with several systems (Elation, ZoomGrants, CDM, and
Neighborly Software). In order for CHS to administer multiple grant and housing programs we would
need to contract with three different software vendors to accomplish what Neighborly Software is able to
do. The purchase of Neighborly Software has been a cost savings for the County. The pricing has not
change in the past two years.
✔
16.D.16.f
Packet Pg. 2251 Attachment: FY20 Waiver Request 086 - Benevate (2nd Amendment) (12826 : Benevate Inc Third Amendment)
Market research and market alternatives: When was the last time a market evaluation was performed to determine if either the
technology or vendor offerings have changed? Based on the life expectancy of the product, when do you anticipate evaluating the market
again? Please attach a detailed market evaluation report should the complexity, duration, and dollar amount of the purchase be a high risk
to the County.
It is a felony to knowingly and intentionally circumvent a competitive process for commodities or services by fraudulently
specifying sole source to obtain a benefit for any person or to cause unlawful harm to another. Florida Statute 838.22(2).
Requested by:
Signature:
Date:
Division Director:
Signature:
Date:
Department Head: Required if over $50,000
Signature:
Date:
Procurement Strategist:
Signature:
Date:
Procurement Director:
Or designee
Signature:
Date:
For Procurement Use Only:
Approved Requesting Additional Information Requires RFI/Intent to Sole Source Rejected
Procurement Comments:
Current FY Approval Multi-Year Approval
Start Date: ______________ End Date: __________
Additional research has been conducted this month. Neighborly has become a leader in grant management software
in the Country. Many Counties in the State of Florida are managing grant programs using this system. When
searching the Internet for "grant management" systems what one finds are primarily systems for not for profits or
others seeking funding, and the systems provide them a method for managing grants they receive. These are not
applicable to our situation. Also, research for community development systems often returns results for systems that
would be used by our GMD for permitting, inspecting, similar. Some information has been added to the attachment
that shows a comparison of the top contenders. At the end of this agreement we will evaluate the market again.
Lisa N. Carr
Kristi Sonntag
Steve Carnell
Sara Schneeberger
Catherine Bigelow
This waiver will replace the previously approved waiver in FY20 (FY20 Waiver Request 077)
07/06/2020 10/14/2023
CarrLisa Digitally signed by CarrLisa
Date: 2020.06.26 11:26:59
-04'00'
SonntagKristi Digitally signed by SonntagKristi
Date: 2020.06.26 11:53:26
-04'00'
carnell_s Digitally signed by carnell_s
Date: 2020.06.26 16:50:43 -04'00'
SchneebergerS
ara
Digitally signed by
SchneebergerSara
Date: 2020.07.06 10:05:17
-04'00'
Cat Bigelow Digitally signed by Cat Bigelow
DN: cn=Cat Bigelow, o=Collier County
Government, ou=Procurement Services,
email=catherinebigelow@colliergov.net, c=US
Date: 2020.07.06 10:31:52 -04'00'
✔
✔
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