#23-026-NS (Benevate, Inc.) COLLIER COUNTY NON-STANDARD AGREEMENT #23-026-NS
FOR
"Grants Management Software"
BETWEEN
COLLIER COUNTY
AND
BENEVATE, INC
Agreement Effective Date: November 1, 2023
Subscription Term:
November 1 S` to October 31st
ATTACHED:
1. MASTER SUBSCRIPTION AGREEMENT .14-pages
2. CORE SAAS Services Subscription Order Form .3 pages
3. Disaster Assistance Portal SAAS Services Subscription Order Form .3 pages
4. Emergency Rental Assistance Program (ERAP) SAAS Subscription Order Form...3 pages
5. Federal Contract Provisions and Assurances .9 pages
Department/Division
Public Services Department
Community and Human Services Division
3339 East Tamiami Trail, Building H, Suite 211
Naples, Florida 34112
Division Point of Contact
Lisa N. Carr
Senior Grants Coordinator
Phone: 239-252-2339
lisa.carr@colliercountyfl.gov
MASTER SUBSCRIPTION AGREEMENT
This Master Subscription Agreement("Agreement")is entered into on this 1st day of November 2023 (the
"Effective Date") between Benevate, Inc., a Delaware Corporation, with its principal place of business
located at 3423 Piedmont Rd.NE,Atlanta, GA 30305 ("Company"or"Contractor"), and Collier County,
a political subdivision of the State of Florida (referred to as the "Customer" or "County") (collectively
referred to as the"Parties").
This Agreement includes and incorporates Exhibits A and B attached hereto and establishes the terms under
which Customer may use the SaaS Service offered by the Company.
DEFINITIONS.
a. "Authorized User"means those individuals designated and authorized by the Customer to use one
of the purchased licenses to access the Software and Services, using his or her login credentials
(email address and password),which may only be used by that single,named user.
b. "Confidential Information" means all information, in oral, written, machine readable, sample or
any other form, that either Party discloses ("Discloser") to the other ("Recipient") relating to the
business of Discloser, whether furnished before or after the Effective Date of this Agreement,
including, without limitation, information related to pricing, products, services, security, and any
implementing regulations or guidelines, proprietary business practices, policies, finances,
procedures, sales,costs, liabilities,markets,strategies,concepts,methods or employees,that is not
generally ascertainable from public or published information or sources, and all analyses,
compilations, data, studies,notes,memoranda or other documents prepared by Discloser based on
such Confidential Information.
c. "Customer" means the entity identified on the Order or SOW (by its legal name or its other
assumed,trade,or `doing business as' name)that purchased Company's SaaS Service pursuant to
an Order Form or SOW,or such company's permitted Affiliates, successors or assigns.
d. "Customer Data" means any non-public, personal information provided by the Customer to the
Company to enable the provision of services.
e. "Documentation" means the applicable training materials, user guides, publicly available
marketing and/or proposal materials, and other similar information, or other documents
disseminated under or governed by confidentiality obligations which pertain to the Software or
Services provided by Company,which may be updated by Company at any time without notice to
include information about new features and incorporate feedback to help Company's customers
understand how to use the Software and Services. Documentation requiring a Username and
Password to access is considered Company's Confidential Information.
f. "License Fees"means the annual cost for the administrative license(s)enabling users to have access
to the Software.
g. "Order"or"Order Form"means a transactional document between the Parties identifying the SaaS
Service, add-ons, and features purchased by Customer, the license fees, and commercial details
applicable to the order.
h. "Professional Services"means non-standard customization and services available at an additional
fee, including, but not limited to, data migration services, in-person trainings, Power BI services,
geographical data services,non-standard professional developer services, etc.
i. "SaaS Service"means the proprietary web-based'Software-as-a-Service'technology platform and
products as purchased by a Customer under an Order.
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2. SAAS SERVICE.
a. During the Term of this Agreement,Company will provide Customer access to,and use of the SaaS
Service and Documentation by enabling a portal for Customer to access through a web browser
(the"Portal").
b. This Agreement does not contemplate any customized products, services, work-for-hire, or code
developed exclusively for Customer.In the event that the Parties agree that Company shall provide
such non-standard Professional Services,the description of the services and applicable ownership
rights with respect to such Professional Services will be set forth in a separately executed
Professional Services Agreement. This Agreement does not contemplate any IP rights beyond the
terms provided herein.
c. Company will make available to Customer all updates and any documentation for such updates to
the SaaS Service.Company will use commercially reasonable efforts to 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 SaaS Service. General
maintenance of the system is completed on a regular basis to ensure optimal performance of the
SaaS Service.
d. Service Levels. Company will use commercially reasonable efforts to maintain the availability of
the SaaS Service at a level of 99.5%.For further specifications regarding the Service Levels,refer
to Service Level Terms attached as Exhibit"A"to this Agreement.
e. Technical Support. With the exclusion of Federal Holidays, Technical Support is available from
8:00 a.m.to 8:00 p.m.EST,Monday-Friday.("Support Hours").Customer shall initiate a helpdesk
ticket during Support Hours by sending an email to support@neighborlysoftware.com. Company
will use commercially reasonable efforts to respond to all Helpdesk tickets within one(1)business
day.
f. Data Storage. All Customer Data will be stored, processed, and maintained solely in data centers
located in the United States.
g. Backup and Recovery of Customer Data. Company is responsible for maintaining a backup of the
Customer Data and for an orderly and timely recovery.Company shall maintain a contemporaneous
backup of Customer Data that can be recovered within a reasonable period of time.
3. CUSTOMER RESTRICTIONS AND RESPONSIBILITIES.
a. Customer will not,directly or indirectly:(i)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 SaaS Service, documentation, or data related to the SaaS Service; (ii)
modify, translate, or create derivative works based on the SaaS Service (except to the extent
expressly permitted by Company or authorized within the Services);nor(iii)use the SaaS Service
for timesharing or service bureau purposes.
b. Customer represents, covenants, and warrants that Customer will use the SaaS Service 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 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 Florida Statute, Section 768.28.
c. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services
needed to connect to, access or otherwise use the SaaS Service, including, without limitation,
modems,hardware, servers,software,operating systems,networking,web servers and the like.
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d. At no time is it permissible for an Authorized User to share their login credentials. The number of
Authorized Users licensed hereunder is specified in a separate Order Form or as formally requested
and approved,in writing,during the Term.Customer is solely responsible for maintaining the status
of its Authorized Users and the confidentiality of all login credentials and other Portal access
information under its control. Customer will notify Company immediately if Portal information is
lost, stolen,or disclosed to an unauthorized person or any other breach of security in relation to its
passwords, usernames, or other Portal access information that may have occurred or is likely to
occur.
4. CONFIDENTIALITY; PROPRIETARY RIGHTS
a. Duty Not to Disclose Confidential Information. In connection with the Agreement,Recipient,and
its employees and agents, may have access to the Confidential Information of the Discloser.
Recipient shall, and shall ensure that its employees and agents shall, keep the Confidential
Information of the Discloser in strict confidence and use it only for the purpose of performing its
duties under this Agreement.Recipient will not directly or indirectly disclose,publish,disseminate,
make available or otherwise communicate in any way, to any third person not having a need to
know in order to perform its duties under this Agreement, any Confidential Information of the
Discloser,without the Discloser's prior written consent.Recipient will have appropriate safeguards
in place within its organization to restrict access to Confidential Information to only those
individuals as needed in connection with the performance of this Agreement. Recipient will take
care of Confidential Information using at least the same standard of care it would use with its own
confidential information,but in no event shall Recipient use less than reasonable care in protecting
such Confidential Information.
b. Mandatory Disclosures.In the event that Recipient is required by a binding order of a governmental
agency or court of competent jurisdiction to disclose any Confidential Information of the Discloser,
it shall-if legally permitted, provide the Discloser with prompt written notice (via e-mail that is
acknowledged as received) to allow the Discloser an opportunity to appear and object prior to
Recipient's compliance with requested disclosure. The written notice shall provide Discloser with
sufficient information describing the content of the information to be disclosed. If such objection
is unsuccessful,then Recipient shall produce only such Confidential Information as is required by
the court order or governmental action.
c. The Parties acknowledge and agree that the provisions of the Florida Public Records Law,Chapter
119, are applicable to all action and activities under this Agreement. Customer shall notify the
Company if any such request would require the Customer to disclose any of the Company's
Confidential Information. Further, the Customer shall redact any of the Company's Confidential
Information as permitted under the Statute. Nothing in this Agreement shall prohibit or create
liability on the Customer and Company from complying in good faith with the Florida Public
Records Law,Chapter 119,Florida Statutes.
d. Customer shall own all rights, 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 SaaS
Service. Security of confidential personal information shall comply with the Florida Information
Protection Act,F.S.501.171.
e. Company shall own and retain all right, title and interest in and to (a) the SaaS Service, all
improvements, enhancements, or modifications thereto, (b) any software, applications, features,
inventions, or other technology developed in connection with implementation of services or
support,and(c)all intellectual property rights related to any of the foregoing.
f. 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 SaaS
Service and related systems and technologies (including, without limitation, information
concerning Customer Data and data derived therefrom), and Company will be free (during and
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after the term hereof)to(i)use such information and data to improve and enhance the SaaS Service
and (ii) disclose such data solely in aggregate or other de-identified form in connection with its
business.
5. PAYMENT OF FEES
a. Payment Terms.Customer shall pay Company all fees set forth in an applicable Order(s).Payments
are due upon receipt of a proper invoice and in compliance with Chapter 218,Fla.Stats.,otherwise
known as the"Local Government Prompt Payment Act."
b. Late Payments. If the Customer fails to pay any invoice in full within thirty(30)days from the due
date, the Company shall have the right to suspend the SaaS Service until payment is received.
Suspension of SaaS Service in accordance with this subsection shall not be deemed a breach of this
Agreement. Any late interest fees shall be assessed pursuant to Section 218.74,Fla. Stat.
c. Addition of Licenses or Programs. During the Initial Service Term, the Customer may add
additional licenses and/or programs for an additional charge.Additional programs and licenses will
be charged at the rate provided in the applicable Order Form for the Initial Service Term.Additional
licenses will be charged on a pro rata basis. Unless otherwise stated in the Order, current pricing
for licenses and programs will apply following the Initial Service Term.
d. Rushed Implementation Cost. All"rushed"program implementations are double the standard rate
as stated in an applicable Order.
e. Taxes. 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(this excludes 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 C-
1.
f. 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 provide prompt notice,not to exceed thirty(30)days from such event,in writing(via e-mail),
upon determining that sufficient funds will not be budgeted and appropriated in any fiscal year
under any applicable Order.
6. TERM AND TERMINATION
a. Term and Renewal. Subject to earlier termination as provided below, the term of the Agreement
shall cover the Initial Service Term as specified in an applicable Order Form and may be renewed,
upon written approval of the Parties, for additional three (3) one (1) year renewal periods
(collectively,the"Term").
b. Termination for Convenience.Either party may terminate the Agreement without cause at any time
by providing thirty (30) calendar days prior written notice to the other party. If the Customer
terminates the Agreement in accordance with this subsection, Customer is not entitled to a refund
for any unused portion of the Term.
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c. Termination for Cause. This Agreement may be terminated by either Party for cause by providing
written notice (via e-mail) to the other Party upon the occurrence of any of the following events
(each,an"Event of Default"):
(i) If the other Party ceases to do business,or otherwise terminates its business operations,except
as a result of an assignment permitted under this Agreement;
(ii) If the other Party materially breaches any material provision of this Agreement and fails to
substantially cure the breach within ten (10) business days of receipt of written notice
describing the breach; or
(iii)If the other Party becomes insolvent or seeks protection under any bankruptcy, receivership,
trust deed, creditors arrangement, composition, or comparable proceeding, or if any such
proceeding is instituted against the other Party and not dismissed within sixty (60) days;
provided however that in such event,termination will not require notice to the other Party.
d. Effect of Termination. Upon the termination of this Agreement, Company shall disable the
Customer's Portal and provide the Customer with a final extract of the Customer Data via the
Secure File Transfer Protocol(SFTP),within a reasonable time,not to exceed thirty(30)days from
the date of the termination. The extraction and transfer of the Customer Data will be provided
without charge and without any conditions or contingencies whatsoever(including but not limited
to the payment of any fees due to Service Provider).
Within thirty(30)days from the date of the final extraction and transfer of the Customer Data via
the SFTP, the Company shall provide Customer with a Termination of Services and Final Data
Destruction Agreement (the "Termination Agreement"), which will provide the details regarding
termination of services and final data destruction, a sample copy of which is attached hereto as
Exhibit "B". The Customer acknowledges and agrees that if the Termination Agreement is not
executed and returned by the Customer within fifteen (15) days, the Company will follow the
default process which provides for final destruction of Customer Data forty-five(45)days after the
final extraction and transfer via the SFTP. The Customer acknowledges and agrees that the
Company has no obligations whatsoever with regard to the Customer Data following the final
destruction.The Company will provide the Customer with a Certification of Data Destruction when
the Customer Data has been permanently deleted in accordance with this subsection. This Section
shall survive the termination of this Agreement.
e. Optional Data Retention. If Customer desires for Company to retain the Customer Data beyond
forty-five (45) days from the date of the final extraction, Customer must make that request, in
writing(via email), and receive an acknowledgement of said request. Requests that do not receive
an acknowledgement or requests that are made after the forty-five (45) day window are not
considered valid. The minimum cost for continued data retention is$6,000.00 for six(6)months.
7. WARRANTY AND DISCLAIMER
a. Company Warranty. Company represents and warrants the following: (a) the Documentation
sufficiently describes features, functionality, and operation of the SaaS Service as applicable; (b)
the SaaS Service,as applicable,conforms to the Documentation and is free from defects in material
and workmanship; (c) the SaaS Service does not contain any viruses or other malicious threats,
programs, features, or devices ("Viruses") that could harm Customer, and Company uses
commercially reasonable efforts to prevent and eradicate such Viruses. Furthermore, consistent
with prevailing industry standards, Company shall maintain the SaaS Service in a manner which
minimizes errors and interruptions and shall perform the Services in a professional and
workmanlike manner. Notwithstanding the foregoing, the SaaS Service may be temporarily
unavailable for scheduled maintenance or for unscheduled emergency maintenance, 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.
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b. 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 or as otherwise required by
Customer; and (iii) in the case of Personally Identifiable Information (PII), at Customer's sole
election,notify the individuals whose PII was compromised as soon as practicable but no later than
is required to comply with applicable law, or, in the absence of any legal requirement, within five
(5)calendar days of the occurrence;and/or(iv)perform or take any other actions required to comply
with applicable State law as a result of the occurrence.
c. DISCLAIMER.EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SAAS SERVICE IS
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. COMPANY DOES
NOT WARRANT THAT THE SAAS SERVICE WILL BE ERROR-FREE OR
UNINTERRUPTED OR MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF THE SAAS SERVICE. THE LIMITED WARRANTIES
PROVIDED HEREIN ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED TO
CUSTOMER IN CONNECTION WITH THE PROVISION OF THE SAAS SERVICE.
8. INDEMNITY
a. To the maximum extent permitted by law,Company will indemnify,defend,and hold harmless the
Customer against all claims, suits and actions asserted by an unaffiliated third party against the
Customer for liabilities, damages and costs of any claim brought against Customer alleging that
any SaaS Service infringes or misappropriates a third-parry's U.S. registered patent right,
trademark,or copyright(an"Infringement Claim"),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. Customer shall not settle or
compromise such Infringement Claim without the express written consent of the Company.
b. Company's indemnity obligation under this Section shall not extend to claims that arise from:
(i) An unauthorized modification of the SaaS Service by Customer where the SaaS Service
would not be infringing without such modifications;
(ii) Customized portions of the SaaS Service designed in accordance with written
specifications provided by Customer where the SaaS Service would not be infringing but
for Company 's compliance with such written specifications;
(iii)The failure of Customer to install an update to the SaaS Service provided by Company that
would have avoided the actual or alleged infringement;
(iv)The combined use by Customer of the SaaS Service with other components, products, or
services not provided by Company where the SaaS Service would not be infringing but for
such combination; and/or
(v) Workflows, analytic applications, algorithms, or other applications or programming built
by Customer or created by or on behalf of Customer without Company's approval.
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9. LIMITATION OF LIABILITY
a. NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR LIABILITY
RESULTING FROM(1)A PARTY'S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS
SET FORTH IN PARAGRAPH 4; (2)A PARTY'S INDEMNIFICATION OBLIGATIONS SET
FORTH IN PARAGRAPHS 3(D) AND 8; OR(3) A PARTY'S WILLFUL MISCONDUCT OR
FRAUD,IN NO EVENT SHALL EITHER PARTY BE RESPONSIBLE OR LIABLE FOR ANY
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES
(INCLUDING., BUT NOT LIMITED, TO LEGAL FEES AND EXPENSES), WHETHER
FORESEEABLE OR UNFORESEEABLE,THAT MAY ARISE OUT OF OR IN CONNECTION
WITH THIS AGREEMENT UNDER ANY THEORY INCLUDING, BUT NOT LIMITED TO,
BREACH OF CONTRACT, BREACH OF WARRANTY OR NEGLIGENCE. EXCEPT FOR
LIABILITY RESULTING FROM (1) A PARTY'S BREACH OF ITS CONFIDENTIALITY
OBLIGATIONS SET FORTH IN PARAGRAPH 4; (2) A PARTY'S INDEMNIFICATION
OBLIGATIONS SET FORTH IN PARAGRAPHS 3(D)AND 8; OR(3)A PARTY'S WILLFUL
MISCONDUCT OR FRAUD, IN NO EVENT WILL THE AGGREGATE LIABILITY OF
EITHER PARTY EXCEED THE GREATEST AMOUNT OF THE FEES PAID OR OWED BY
EITHER PARTY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE
LIMITATIONS IN THIS SECTION FORMED A BASIS FOR ENABLING EACH PARTY TO
OFFER AND ACCEPT THE TERMS HEREIN. ANY LIABILITY ATTRIBUTED TO THE
CUSTOMER IS LIMITED BY FLORIDA STATUTE, SECTION 768.28,AS A SOVEREGN.
10. INSURANCE
a. During the course of performing its duties under this Agreement, Company agrees to maintain the
following levels of insurance:(a)Commercial General Liability of at least$2,000,000 in aggregate
and$1,000,000 each occurrence;(b)Professional Liability(E&O)of at least$5,000,000;(c)Cyber
Liability and Errors and Omissions of at least$5,000,000;(d)Commercial Auto Insurance for Hire
and Non-owned vehicles of at least $1,000,000; and (e) Workers Compensation complying with
applicable statutory requirements. Company will provide Customer with copies of certificates of
insurance upon Customer's written request.
11. DISPUTE RESOLUTION
a. With the exception of actions for injunctive relief for actions arising under the Confidentiality
provisions of Section 4 of this Agreement, the Parties intend that any and every dispute by and
between them, including but not limited to any dispute arising out of or relating to this Agreement
or the breach, termination, enforcement, interpretation or validity thereof, be resolved first by
resorting to mediation, to be conducted in a mutually agreeable location in accordance with the
laws of the State of Florida. Prior to the initiation of any action or proceeding permitted by this
Agreement to resolve disputes between the parties, the parties shall make a good faith effort to
resolve any such disputes by negotiation. The negotiation shall be attended by representatives of
Contractor with full decision-making authority and by County's staff person who would make the
presentation of any settlement reached during negotiations to County for approval. Failing
resolution, and prior to the commencement of depositions in any litigation between the parties
arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation
before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall
be attended by representatives of Contractor with full decision-making authority and by County's
staff person who would make the presentation of any settlement reached at mediation to County's
board for approval. Should either party fail to submit to mediation as required hereunder,the other
party may obtain a court order requiring mediation under section 44.102, Fla. Stat.
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12. NOTICE
a. Any notice required or permitted by this Agreement shall be in writing and shall be deemed
sufficient when delivered(a)personally or by overnight courier,(b)sent by email,or(c)forty-eight
(48)hours after being deposited in the U.S.mail as certified or registered mail with postage prepaid,
addressed to the party to be notified at such party's address or email address as set forth in this
section.E-mail is the preferred method of notice.Any change of address,e-mail address,telephone
number,or person to receive notice shall be made by notice given to the other Party.
b. Addresses. Subject to change pursuant to this Section above, the addresses for notices are as
follows:
For the Company:
Jason Rusnak
Benevate,Inc.
3423 Piedmont Rd,NE
Atlanta,GA 30305
Phone: 702-864-7231
Email:Jason.Rusnak@NeighborlvSoftware.com
Sarah Bohentin
Benevate, Inc.
Phone: 850-363-1717
Email: Sarah.Bohentinc NeighborlySoftware.com
For the Customer:
Kristi Sonntag,Director
Community and Human Services
3339 Tamiami Trail East Suite 211
Phone 239.252.2486
Email Kristi.Sonntag(a,colliercountyfl.gov
13. MISCELLANEOUS
a. Severability. 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.
b. Waivers.No waiver of any provision of this Agreement or consent to any action shall constitute a
waiver of any other provision of this Agreement or consent to any other action. No waiver or
consent shall constitute a continuing waiver or consent or commit a Party to provide a future waiver.
Any provision of this Agreement may be waived only with the written consent of the Parties.
c. Company may use Customer's name and logo in a list of customers section on its website.Company
may not use Customer's name and/or logo in any other manner without prior written consent from
Customer.
d. Entire Agreement&Amendments. 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.
e. Assignment. This Agreement is not assignable, transferable, or sub-licensable by either Party
without the other Parties prior written consent, except as such assignment,transfer or sublicense is
in connection with a merger, acquisition, or similar change of control event.
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f. Relationship. No agency, partnership,joint venture, or employment is created as a result of this
Agreement and the Parties do not have any authority of any kind to bind the other Party in any
respect whatsoever.
g. Force Majeure. Neither Party shall be liable hereunder by reason of any failure or delay in the
performance of its obligations hereunder (except for the payment of amounts due) to the extent
caused by strikes, shortages, riots, insurrection, fires, flood, storm, explosions, pandemics, acts of
God, terror, war, governmental action, labor conditions, earthquakes, material shortages or any
other cause which is beyond the reasonable control of such party. Upon an occurrence of an event
of force majeure, Company cannot ensure uninterrupted or error free service or access to the
Software or Services and there may be periods where access is delayed, limited or unavailable.
Company shall use commercially reasonable efforts to provide the SaaS Service to Customer in
accordance with its Business Continuity and Disaster Recovery Plan a copy of which will be
provided upon written request.
h. Governing Law and Venue. This Agreement shall be governed and construed in all respects in
accordance with the laws of the State of Florida. Any suit or action brought by either party to this
Agreement against the other party relating to or arising out of this Agreement must be brought in
the appropriate federal or state courts in Collier County, Florida, which courts have sole and
exclusive jurisdiction on all such matters.
14. SUPPLEMENTAL TERMS AND CONDITIONS
a. 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.
b. No Discrimination.The Company agrees that there shall be no discrimination as to race,sex,color,
creed or national origin or any other class protected by federal or Federal law.
c. Conflict of Interest. Company represents that it presently has no interest and shall acquire no
interest, either direct or indirect, which would conflict in any manner with the performance of
services required hereunder. Company further represents that no persons having any such interest
shall be employed to perform those services.
d. Prohibition of Gifts to County Employees.No organization or individual shall offer or give, either
directly or indirectly, any favor, gift loan, fee, service or other item of value to any County
employee,as set forth in Chapter 112,Par III,Florida Statutes,Collier Count Ethics Ordinance No.
2004-05,as amended,and County Administrative Procedure 5311. Violation of this provision may
result in one or more of the following consequences: a)Prohibition by the individual, firm, and/or
any employee of the firm from contract with County staff for a specified period of time; b)
Prohibition by the individual and/or firm from doing business with the County for a specified period
of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c) immediate
termination of any Agreement held by the individual and/or firm for cause.
e. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Company 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. §
Page 9 of 14
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Collier County,Florida and Benevate,Inc.Master Subscription Agreement
119.0701(2)(a)-(b)as stated as follows:
IF THE COMPANY HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE COMPANY'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
Communications,Government&Public Affairs Division
3299 Tamiami Trail East,Suite 102
Naples,FL 34112-5746
Telephone: (239)252-8999
Email: PublicRecordsRequest@colliercountyfl.gov
The Company must specifically comply with the Florida Public Records Law to:
1. 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 Company 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 Company or keep and maintain public records required by the public
agency to perform the service.If the Company transfers all public records to the public agency
upon completion of the contract,the Company shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the
Company keeps and maintains public records upon completion of the contract,the Company
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 Company observes that the Contract Documents are at variance therewith, it shall promptly notify the
County in writing. Failure by the Company 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.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK—
SIGNATURE PAGE TO FOLLOW
Page 10 of 14
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y1
{
Collier County,Florida and Benevate,Inc.Master Subscription Agreement
IN WITNESS WHEREOF,the Parties have executed this Amendment on the date and year first written
above by an authorized person or agent.
ATTEST:
Crystal K. Kitze‘ig}e, k>:of the Circuit BOARD OF COUNTY COMMISSIONERS
Court and G:oitroller Ck COLLIER COUNTY,FLORIDA
1 RICK LOCASTRO,Chairman
Dated; ( ,, .W�ii' 2 ' 2 3
(SEAL) 1iitas•!o' ► an'
only
Company's Witnesses4 COMPANY:
BENEVATE,INC.
First Witness By:
Si ur
I o,Je/y
1 i
tTypiatprint witness namet - ��P.'1 �hS►r1li, ReNCLAt.
tType/print signature and fillet
y�vL
Second Witness 9 - 20 -- 23
CAJS Date
tType/print witness namet
proved as For a L ality:
Dep County Attorney 'I
Q
Print Name
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK-EXHIBITS FOLLOW
Page 11 of 14
(-4-AO
Collier County,Florida and Benevate,Inc.Master Subscription Agreement
EXHIBIT A
Service Level Terms
This Exhibit A outlines the Company's commitments to provide Support Services and problem resolution
regarding the performance of the Software and/or Services.
1. Definitions.
a. "Error" means a failure of the SaaS Service to perform in accordance with the Documentation,
resulting in the inability to use, or material restriction in the use of,the SaaS Service.
b. "Scheduled Downtime" means any period of time during which the SaaS Service is unavailable
due to the Company's planned maintenance and support of the SaaS Service.Scheduled Downtime
is excluded from the 99.5%Service Availability calculation.
c. "Support Services" means technical support assistance provided by Company personnel to
Customer's designated administrators for problem resolution, bug reporting, and/or technical
assistance.
d. "Unscheduled Downtime" means any time the SaaS Service is not available due to an event or
circumstance excluding Scheduled Downtime or Force Majeure and the amount of time required
by Company to resolve or provide a work around for the failure of any documented feature required
to complete a primary function of the SaaS Service in accordance with the Documentation.
e. "Update"means any error correction,bug fix,patch,enhancement,improvement,update,upgrade,
new version,release,revision or other modification to the SaaS Service provided or made available
by the Company pursuant to the Agreement, including, without limitation, any update designed,
intended, or necessary to make the SaaS Service, or Customer's use thereof compliant with
applicable law.
2. SaaS Service Availability.
a. Company will use commercially reasonable efforts to maintain the availability of the SaaS Service
to the Customer at 99.5%.All Updates will be completed outside of standard business hours(same
as Support Hours). Notification of Updates will not be provided unless downtime is expected. If
major Updates are required during standard business hours due to necessity,Company will provide
notification to Customer as soon as reasonably possible. Updates during Scheduled Downtime and
are excluded from the 99.5%Service Availability calculation.
3. Technical Support.
a. Availability.With the exclusion of Federal Holidays,Technical Support is available from 8:00 a.m.
to 8:00 p.m. EST,Monday-Friday. ("Support Hours").
b. Procedure. Customer must initiate a helpdesk ticket during Support Hours by sending an email to
support@neighborlysoftware.com. Company will use commercially reasonable efforts to respond
to all Help tickets in the manner set forth in Paragraph 4.
c. Conditions for Providing Support. Company's obligation to provide SaaS Service in accordance
with the stated Service Availability is conditioned on Customer providing Company with sufficient
information and resources to correct the Error, as well as access to the personnel, hardware, and
any additional systems involved in discovering the Error.
Page 12 of 14
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Collier County,Florida and Benevate,Inc.Master Subscription Agreement
4. Ticket Resolution.Company will use all commercially reasonable efforts to resolve support tickets in
the process described below. Response metrics are based on issues being reported during Support
Hours.
a. Standard Ticket: Issue does not significantly impact the operation of the SaaS Service or there is a
reasonable workaround available.
(i) Response Metric: Company will use commercially reasonable efforts to respond and resolve
all Standard tickets within eight(8)business hours of notification.
b. Priority Ticket: SaaS Service is usable,but some features(not critical to operations)are
unavailable.
(i) Response Metric: Company will use commercially reasonable efforts to respond to all Priority
tickets within two (2) hours and resolve Priority tickets within six (6) business hours of
notification.
c. Emergency Ticket: Issue has rendered SaaS Service unavailable or unusable,resulting in a critical
impact on business operations. The condition requires immediate resolution.
(i) Response Metric: Company will use commercially reasonable efforts to respond to all
Emergency tickets within one(1)hour and resolve Emergency tickets within two(2)business
hours of notification.
5. Remedies.If Customer reasonably believes that Company has failed to achieve its Service Availability
commitments in any given month, the Company shall, following Customer's written request, provide
a report that contains true and correct information detailing Company's actual Service Availability
performance. Customer must have reported an issue with the Service Availability within the calendar
month and must request the report within ten (10) days of the end of the calendar month. The sole
remedies for failure to meet the Service Availability level of commitment is a service refund based on
the following:
a. less than 99.5% but equal to or above 97%, Company shall provide Customer with a root cause
analysis and a written plan for improving Company's Service Availability to attain the 99.5%
Service Availability and Company shall promptly implement such plan;
b. between 96.9% and 93%, Company shall provide Customer with a service refund in an amount
equal to 10%of the prorated amount of the License Fees for one month;
c. between 92.9% and 90%, Company shall provide Customer with a service refund in an amount
equal to 25%of the prorated amount of the License Fees for one month;
d. Less than 90%,Company shall provide Customer with a service refund in an amount equal to 100%
of the prorated amount of the License Fees for one month;
6. Exclusions. Company shall have no liability for, and shall make no representations or warranties
respecting Service Availability or lack of availability of the SaaS Service due to: (1)outages caused by
the failure of public network or communications components; (2)outages caused by a Force Majeure
event;(3)outages or Errors caused by the Customer's use of any third-party hardware,software,and/or
services;(4)Errors caused by the individual Authorized User's desktop or browser software;(5)Errors
caused by the Customer's negligence, misconduct, hardware malfunction, or other causes beyond the
reasonable control of the Company;and/or(6)Customer has not paid License Fees under an applicable
Page 13 of 14
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Collier County,Florida and Benevate,Inc.Master Subscription Agreement
Order when due.
EXHIBIT B
Sample Termination of Subscription and Data Destruction Agreement
This Termination of Subscription and Final Data Destruction Agreement is made as of[Effective Date],
by and between Benevate, Inc., a Delaware corporation (the "Company"), and [Full Legal Name] (the
"Customer"), collectively referred to as the"Parties."
Pursuant to the Master Subscription Agreement, attached hereto as Exhibit "A" (referred to as the
"Agreement"), the Company has housed the Customer Data (defined as any non-public, personal
information provided by the Customer to the Company to enable the provision of services).
1. The parties agreed to terminate the Agreement as of[Date](Termination Date)and acknowledge and
agree to the terms provided herein.
a. Portal Disabled. The Company disabled the Customer's portal website on the Termination
Date, restricting Customer's ability to insert or alter any data in preparation for the final data
extraction.
b. Final Extraction of Customer Data. Company completed a final extraction of the Customer
Data and provided said data to the Customer on [Date] (Final Extraction Date),via the Secure
File Transfer Protocol(SFTP).
c. Loss of Access. The Customer shall continue to have access to the Customer Data via the
Secure File Transfer Protocol (SFTP) until [Date], thirty (30) days from the Final Extraction
Date.
d. Customer Responsibility. The Customer is solely responsible for retrieving and storing the
data provided via the SFTP within this thirty (30)day period. If the Customer fails to retrieve
and store the data, there is no recourse as the data will have been permanently deleted in
accordance with subsection(e).
e. Destruction of Data. The Customer Data will be permanently deleted by the Company on
[Date],forty-five(45)days from the Final Extraction Date.
2. Customer Acknowledgement. The Customer acknowledges and agrees that the Company has no
obligations whatsoever with regard to the Customer Data following the final destruction of the data
as referenced above.
The parties have executed this Termination of Subscription and Final Data Destruction Agreement as of
the date first above written.
Page 14 of 14
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0 Neighborly Software
Helping Communities Help People
CORE SAAS SERVICES SUBSCRIPTION ORDER FORM
Customer Information
Account Name: Collier County,Florida Initial Service Term: 1 1/01/2023— 10/31/2024
Address: 3339 East Tamiami Trail,Building H., Suite 211,Naples,FL 34112
Billing Contact Name&Title: Phone: 239.252.2339
Lisa Carr
Senior Grants Coordinator Email: lisa.carr@,colliercountyfl.gov
Alternate Contact Name&Title: Phone: 239.252.2509
Donald Luciano
Assistant Director-CHS Email: donald.luciano@colliercountyfl.gov
PURCHASE SUMMARY
('ORE Portal: Annual Recurring Fees Unit Price Quantity Annual Total
Per User Administrator Annual License Fee(Users 1-10) $2,400.00 10 $24,000.00
Per User Administrator Annual License Fee(Users 11+) $1,140.00 51 $58,140.00
CORE Portal: One-Time Fees Unit Price Quantity Annual Total
Fee for Implementation of additional Program(s) $3,000.00
purchased during service term 2023-2024
TOTAL: $82,140.00
ADDITIONAL PROGRAM& LICENSES
CORE PORTAL: RATES FOR 2024-2027
Service l nit 21124-2025 2025-2026 21126-21127
Implementation Fee(One-time per Program) $3,000.00 $3,500.00* $4,000.00*
Per User Administrator Annual License Fee(Users 1-10) $2,400.00 $2,400.00 $2,400.00
Per User Administrator Annual License Fee(Users 11+) $1,320.00 $1,500.00 $1,800.00
Projected Total Based on Current License Count: $91,320.00 $100,500.00 $115,800.00
Additional Information
PO Required? Yes: ❑No: ❑ PO Number:
*New implementations will be based on the price stated or current pricing,whichever is lower.
Phone: (855) 625-9738 Q 3423 Piedmont Road Atlanta, GA 30305 00 www.neighborlysoftware.com
UAO
0 Neighborly Software
Helping Communities Help People
'1'0 nns Hnd ('ondition
This Software Subscription Order Form is valid upon the date it is fully executed by all parties and the Initial Term shall
begin as of the Effective Date listed above.Customer's purchase and use of the Software and Services described in the
Purchase Summary of this Order Form are governed by the Master Subscription Agreement(the"Agreement"). Unless
otherwise defined herein, all capitalized terms shall have the same meaning as assigned in the Agreement. Except as
otherwise expressly set forth herein, this Order Form shall be construed in accordance with the provisions of the
Agreement.
By signing this Order Form,the Parties represent and certify that they are authorized to sign on behalf of their respective
organization and agree to the terms and conditions of the Agreement and any terms referenced herein.
BENEVATE,INC. COL OUNTY,FL
By: T-N/1
tAA/v By:
Name: �. an Rusnak Rick LoCastro, Chairman
Title:President Date:: 9 1,0/-2,S Date: 10/2`( /2.3
ATrr ,T
tt AtestattCh
Ski P+, a urddnnY; '
provedaist Ira 1 ality
I
Sco .Teach,Deputy County Attorney
N Phone: (855) 625-9738 93423 Piedmont Road Atlanta, GA 30305 ( www.neighborlysoftware.com
CAO
CO Neighborly Software
communities Help People
Exhibit A
Features & Services Details
CORE Portal:
Number of Licenses Purchased: 61
Standard Features:
• Separate portal for all CORE programs
• Hosted Software to Administer Program(s)
• Dedicated Client Success Manager
• Technical Support (Monday—Friday: 8:00 a.m. to 8:00 p.m. EST)
• Hosting/Security in Microsoft Tier IV Data Center
• Data Storage, Backup, and Recovery
• Upgrades and Enhancements
Implementation Services:
• Up to eight(8) weeks for implementation of up to four(4)programs
• System Configuration
• Program Design
• Administrator Training
`1 Phone: (855) 625-9738 Q 3423 Piedmont Road Atlanta, GA 30305 m�j www.neighborlysoftware.com
CAO
0 Neighborly Software
Helping Communities Help People
DISASTER RECOVERY(DR)
SAAS SERVICES SUBSCRIPTION ORDER FORM
Customer Information
Account Name: Collier County, Florida Initial Service Term: 11/01/2023— 10/31/2024
Address: 3339 East Tamiami Trail, Building H., Suite 211,Naples, FL 34112
Billing Contact Name& Title: Phone: 239.252.2339
Lisa Carr
Senior Grants Coordinator Email: lisa.carr(&,,colliercountyfl.gov
Alternate Contact Name& Title: Phone: 239.252.2509
Donald Luciano
Assistance Director-CHS Email: donald.luciano@colliercountyfl.gov
PURCHASE SUMMARY
HURRICANE IAN DISASTER ASSISTANCE: l Annual
nit Price Quantity
Annual Fees Total
Per User Administrator Annual License Fee(1-10) $2,400.00 10 $24,000.00
Per User Administrator Annual License Fee(11+) $1,140.00 5 $5,700.00
HURRICANE IAN DISASTER ASSISTANCE: One- Annual
Unit Price Quantity
Time Fees Total
Fee for Implementation of additional Program(s) $5,000.00
purchased during service term 2023-2024
TOTAL: $29,700.00
Additional Information
PO Required? Yes: ❑No: ❑ PO Number:
Special Terms
Pricing provided in this Order is limited and specifically excludes potential CDBG-DR or CDBG-MIT programs. If
Customer receives CDBG-DR or CDBG-MIT funding, a separate Order will be necessary and may be subject to a
separate pricing model.
DR Portal may be renewed for three(3)additional (1)year renewal periods unless terminated by either party at least
thirty(30)days prior to the end of the then-current renewal term based on the rates provided below.
`1 Phone: (855) 625-9738 Q 3423 Piedmont Road Atlanta, GA 30305 (j www.neighborlysoftware.com
0 Neighborly Software
Heaping Communities Help People
ADDITIONAL PROGRAM&LICENSES
DR PORTAL: RATES FOR 2024-2026
er,ice t mi 202.4-202i 202 -2412i, 2(12{,-202'
Implementation Fee(One-time per Program) $5,000.00 $5,000.00 $5,000.00
Per User Administrator Annual License Fee(All Users) $2,400.00 $2,400.00 $2,800.00
Projected Total Based on Current License Count: $36,000.00 $36,000.00 $42,000.00
Terms and('auditions
This Software Subscription Order Form is valid upon the date it is fully executed by all parties and the Initial Term shall
begin as of the Effective Date listed above. Customer's purchase and use of the Software and Services described in the
Purchase Summary of this Order Form are governed by the Master Subscription Agreement(the"Agreement"). Unless j
otherwise defined herein, all capitalized terms shall have the same meaning as assigned in the Agreement. Except as 1
otherwise expressly set forth herein, this Order Form shall be construed in accordance with the provisions of the
Agreement.
By signing this Order Form,the Parties represent and certify that they are authorized to sign on behalf of their respective
organization and agree to the terms and conditions of the Agreement and any terms referenced herein.
BENEVATE,INC. CO TY,FL
By: ✓I A,: K By:
Name:I
Jason Rusnak Rick LoCastro, Chairman
Title:President
Date: I ' -23 Date: 1012 1 l 2 3
f'1!F fii/
AT
r tTEST: °�.. " t- i k.
C T4IVIKTlfr
eSt 8S t0IC tq ',Ole "
airnxan s t,'• ,
signatur+'dniy
pproved s t fo a ity
1 Scott . each, eputy County Attorney
'41 Phone: (855)625-9738 9 3423 Piedmont Road Atlanta, GA 30305 i www.neighborlysoftware.com
CAO
0 Neighborly Software
Helping Communities Kelp People
Exhibit A
Features & Services Details
Portal & Licenses:
Portal: Hurricane Ian—Disaster Assistance Portal
Number of Licenses Purchased: 15
Standard Features:
• Separate portal for all Hurricane Ian-related programs (excluding CDBG-DR and CDBG-
MIT programs)
• Hosted Software to Administer Program(s)
• Dedicated Client Success Manager
• Technical Support(Monday—Friday: 8:00 a.m. to 8:00 p.m. EST)
• Hosting/Security in Microsoft Tier IV Data Center
• Data Storage, Backup, and Recovery
• Upgrades and Enhancements
Implementation Services:
• Up to eight(8) weeks for implementation of up to four(4) programs
• System Configuration
• Program Design
• Administrator Training
`1 Phone: (855) 625-9738 Q 3423 Piedmont Road Atlanta, GA 30305 \j www.neighborlysoftware.com
CAO
0 Neighborly Software
Helping Communities Help People
EMERGENCY RENTAL ASSISTANCE PROGRAM(ERAP)
SAAS SERVICES SUBSCRIPTION ORDER FORM
Customer Information
Account Name: Collier County, Florida Initial Service Term: 11/01/2023— 10/31/2024
Address: 3339 East Tamiami Trail, Building H., Suite 211,Naples, FL 34112
Billing Contact Name& Title: Phone: 239.252.2339
Lisa Carr
Senior Grants Coordinator Email: lisa.carr@colliercountyfl.gov
Alternate Contact Name& Title: Phone: 239.252.2509
Donald Luciano
Assistant Director-CHS Email: donald.luciano@colliercountyfl.gov
PURCHASE SUMMARY
ERAP Portal—See Exhibit A for Features & Services Unit Price Quantity Annual Total
Administrator License Fee (11/1/2023—06/30/2024) $1,600.00* 9 $14,400.00
ERAP Maintenance Portal (07/01/2024— 10/31/2024) - $1,600.00
TOTAL: $16,000.00
*License fee is $2,400.00 per license, per year—unit price reflects 8 months prorated.
**Annual cost for ERAP Maintenance Portal is set forth below—unit price reflects 4 months prorated.
ERAP Maintenance Portal Cost
#Tenant Applications Cost Licenses Included
<10,000 $4,800.00 2
10,000—50,000 $12,000.00 5
50,000+ $12,000.00+$.08 per application over 50,000 10
ERAP Portal will transition to ERAP Maintenance Portal on 07/01/2024.
All users will automatically be deactivated on 07/01/2024 except for the users identified in Exhibit A.
ERAP Maintenance Portal may be renewed for three(3)additional (1)year renewal periods unless terminated by
either party at least thirty (30)days prior to the end of the then-current renewal term.
ERAP Maintenance Portal cost is subject to a 3%increase annually.
Phone: (855) 625-9738 Q 3423 Piedmont Road Atlanta, GA 30305 00 www.neighborlysoftware.com
CA
0 Neighborly' ftware
Helping Communities Help People
PO Required? Yes:❑No:❑ PO Number:
crin%and ( ondiiions
This SaaS Subscription Order Form is valid upon the date it is fully executed by all parties and the Initial Term shall
begin as of the Effective Date listed above.Customer's purchase and use of the SaaS Service described in the Purchase
Summary of this Order Form are governed by the Master Subscription Agreement(the"Agreement").Unless otherwise
defined herein, all capitalized terms shall have the same meaning as assigned in the Agreement. Except as otherwise
expressly set forth herein,this Order Form shall be construed in accordance with the provisions of the Agreement.
By signing this Order Form,the Parties represent and certify that they are authorized to sign on behalf of their respective
organization and agree to the terms and conditions of the Agreement and any terms referenced herein.
BENEVATE,INC. CO OUNTY,FL
By: a. CA , By: -
Name: J.Jason Rusnak Rick LoCastro, Chairman
Title:President
Date:
. Zo Date: 10/2t1 /7-3
ATTEST:
CRYSTAL IS, 1N .EL, CLERK
Depu y Clerk
Attest as to Chairman
ki signature only
A roved as tor deg ity
Scott R.Teach,Deputy Co ey
g* Phone: (855) 625-9738 93423 Piedmont Road Atlanta, GA 30305 \�v www.neighborlysoftware.com
CAO
Neighborly Software
Helping Communities Help People
Exhibit A
Features & Services Details
Portal & Licenses:
Portal: Emergency Rental Assistance Program (ERAP) (11/01/2023 —06/30/2024)
Licenses Included: 9
Portal: ERAP Maintenance Portal (07/01/2024— 10/31/2024)
Licenses Included: 2
Standard Features:
• Separate portal for ERAP
• 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
The following changes apply to the Maintenance Portal:
• 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 or disbursed (Funding Tab will have "Read Only"Access)
• Approval functionality is disabled
• Support is provided by a general pool of Client Support Specialists; no assigned CSM
• Only the Users identified below will have continued access to the Maintenance Portal
• All other licenses will be deactivated (licenses can be added at any time)
Maintenance Portal Users:
In the space provided, please identify those individuals who will continue to have access to the
Maintenance Portal on 07/01/2024. All other licenses will automatically be deactivated. You can
make changes to this list prior to and during the term of the Maintenance Portal.
Name Email Address
1 Tara Bishop Tara.bishop@colliercountyfl.gov
2 Daniel Nanni Daniel.nanni@colliercountyfl.gov
Phone: (855) 625-9738 Q 3423 Piedmont Road Atlanta, GA 30305 OD www.neighborlysoftware.com
CAO
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Acceptance of FEDERAL Contract Provisions and Assurances
This project activity is funded in whole or in part by the Federal Government, or an Agency thereof. Federal
Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform
requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that
receives a contract (including a purchase order).
Access to Records The local government, the U.S. Department of Housing and Urban Development, the
Comptroller General of the United States, the Chief Financial Officer of the State of Florida, the Auditor
General of the State of Florida, the Florida Office of Program Policy Analysis and Government
Accountability, and any of their duly authorized representatives, shall have access to any books,
documents, papers,and records of the contractor which are directly pertinent to this contract for the purpose
of making audit, examination, excerpts, and transcriptions.
Florida Inspector General Cooperation - The Parties agree to comply with Section 20.055(5), Florida
Statutes, for the inspector general to have access to any records, data and other information deemed
necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with
Section 20.055(5), Florida Statutes.
Affirmative Socioeconomic Steps If subcontracts are to be let, the prime contractor is required to take all
necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses,
women's business enterprises, and labor surplus area firms are used when possible. 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
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."
Conflict of Interest No officer or employee of the local jurisdiction or its designees or agents, no member
of the governing body, and no other public official of the locality who exercises any function or
responsibility with respect to this contract, during his/her tenure or for one year thereafter, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed.
Further, the Contractor shall cause to be incorporated in all subcontracts the language set forth in this
paragraph prohibiting conflict of interest.
Energy Efficiency The contractor shall comply with any mandatory standards and policies relating to
energy efficiency which are contained in the state energy conservation plan issued in compliance with the
Energy Policy and Conservation Act(Public Law 94-163)for the State in which the work under this contract
is performed.
Equal Opportunity
A - Activities and Contracts Not Subject to Executive Order 11246, as Ae n d e d (Applicable to
Federally assisted construction contracts and related subcontracts$10,000 and under.) During the
performance of this contract, the Contractor agrees as follows: (1) The Contractor shall not discriminate
against any employee or applicant for employment because of race, color, religion, sex, or national
origin. The Contractor shall take affirmative action to ensure that applicants for employment are
employed, and that employees are treated during employment, without regard to their race, color,
CAO
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. (2) The Contractor shall post in conspicuous places, available to employees
and applicants for employment, notices to be provided by Contracting Officer seeking forth the
provisions of this nondiscrimination clause. The Contractor shall state that all qualified applicants be
considered without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin. (3) Contractors shall incorporate foregoing requirements in all subcontracts.
B—Executive Order 11246, as Amended (through 2014), Section 202 Equal Opportunity Clause
(Applicable to contracts/subcontracts above $10,000) During the performance of this contract, the
contractor agrees as follows: (1) The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The
Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment, or recruitment advertising; layoff or termination, rates of pay or other forms
of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all
solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified
applicants will receive consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner
discriminate against any employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee
or applicant. This provision shall not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal complaint or
charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish information." (4)The Contractor will
send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice, to be provided by the agency contracting officer
advising the said labor union or worker's representatives of the Contractor's commitment under Section 202
of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous
places available to employees and applicants for employment. (5) The Contractor will comply with all
provisions of Executive Order 11246 of September 24, 1965, and by the Rules, Regulations, and Relevant
Orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by
Executive Order 11246 of September 24, 1965,and by rules, regulations,and orders of the Secretary of Labor,
or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and
the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and
orders. (7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended
in whole or in part and the contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The
Contractor will include the Provisions of paragraphs (1) through (7) in every subcontract or purchase order
unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase
order as may be directed by the Secretary of Labor as a means of enforcing such provisions, including
sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter such litigation to protect the interests of the United States.
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
C-Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving Federal financial assistance.
D.Section 109 of the Housing and Community Development Act of 1974 No person in the United States
shall on the grounds of race, color, national original, or sex be excluded from participation in, be denied the
benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with
funds made available under this title.
E. Section 503 Handicapped(Contracts$2,500 or Over) (1) The Contractor will not discriminate against
any employee or applicant for employment because of physical or mental handicap in regard to any
position for which the employee or applicant for employment is qualified. The Contractor agrees to take
affirmative action to employ, advance in employment and otherwise treat qualified handicapped
individuals without discrimination based upon their physical or mental handicap in all employment
practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. (2) The Contractor agrees to comply with the rules, regulations and relevant orders of the
Secretary of Labor issued pursuant to the Act. (3) In the event of the Contractor's noncompliance with the
requirements of this clause, actions for noncompliance may be taken in accordance with the rules,
regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. (4) The Contractor
agrees to post in conspicuous places, available to employees and applicants for employment, notices in a
form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state
the Contractor's obligation under the law to take affirmative action to employ and advance in employment
qualified handicapped employees and applicants for employment and the rights of applicants and
employees. (5) The Contractor will notify each labor union or representative of workers with which it has a
collective bargaining agreement or their contract understanding that the contractor is bound by the terms of
Section 503 of the Rehabilitation Act of 1973 and is committed to take affirmative action to employ and
advance in employment physically and mentally handicapped individuals. (6) The Contractor will include
the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by
rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with
respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance
Programs may direct to enforce such provisions, including action for noncompliance.
F.Age Discrimination in Employment Act of 1967, as Amended It shall be unlawful for an employer-
(1) to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual
with respect to his compensation, terms, conditions, or privileges of employment, because of such
individual's age; (2)to limit, segregate, or classify his employees in any way which would deprive or tend to
deprive any individual of employment opportunities or otherwise adversely affect his status as an employee,
because of such individual's age; or (3) to reduce the wage rate of any employee in order to comply with
this chapter.
G. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA) (1) Under Title II of the
Genetic Information Nondiscrimination Act, it is illegal to discriminate against employees or applicants
because of genetic information. Employers are prohibited from using genetic information in making
employment decisions. GINA restricts employers and other entities covered by Title II (employment
agencies, labor organizations and joint labor-management training and apprenticeship programs-referred
to as"covered entities")from requesting, requiring or purchasing genetic information, and strictly limits the
disclosure of genetic information. The law forbids discrimination on the basis of genetic information when
it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoffs,
training, fringe benefits, or any other term or condition of employment. (2) "Genetic information" includes
information about an individual's genetic tests and the genetic tests of an individual's family members, as
well as information about the manifestation of a disease or disorder in an individual's family members (i.e.
family medical history). Family medical history is included in the definition of genetic information because
it is often used to determine whether someone has an increased risk of getting a disease, disorder, or
condition in the future.
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Examination of Records. This clause shall state that the grantee, the subgrantee, the Federal grantor
agency, the Comptroller General, or any of their representatives shall have access to any books,
documents, papers and records of the contractor which are directly pertinent to the grantee contract for
the purpose of making audit, examination, excerpts, and transcriptions. The clause shall further state that
the contractor shall retain all required records for three years after grantees or subgrantees make final
payments and all other pending matters are closed. Reference: Common Rule, 28 CFR 66.36(I) (10) (11)
and NP Common Rule, 28 CFR 70.48(d).
Increasing Seat Belt Use in the United States: Pursuant to Executive Order 13043, 62 FR 19217 (April
8, 1997), the County as a federal assistance Recipient should encourage its contractors to adopt and
enforce on-the-job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles.
Intellectual Property All intellectual property, inventions, written or electronically created materials,
including manuals, presentations, films, or other copyrightable materials, arising in relation to Provider's
performance under this Contract, and the performance of all of its officers, agents and subcontractors In
relation to this Contract, are works for hire for the benefit of the Department, fully compensated for by the
Contract amount. Neither the County nor any of its officers, agents nor subcontractors may claim any
interest in any intellectual property rights accruing under or in connection with the performance of this
Contract. It is specifically agreed that the Florida Department of Children and Families shall have
exclusive rights to all data processing software falling within the terms of section 119.084, F.S., which
arises or is developed in the course of or as a result of work or services performed under this Contract, or
in any way connected herewith. the Federal awarding agency reserves all patent rights with respect to
any discovery or invention that arises or Is developed in the course of or under the contract.
No Government Obligation to Third Parties The Federal Government is not a party to this contract and
is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party
pertaining to any matter resulting from the contract."
Publications: Any publications produced with funds from this award must display the following language
"This project [is being] [was] supported, in part, by federal award number ERA2-0347 awarded to Collier
County by the U.S. Department of the Treasury."
Program Fraud and False or Fraudulent Statements of Related Acts The contractor acknowledges
that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract."
Prohibition (2 CFR Part 200.216) on certain telecommunications and video surveillance services or
equipment: The Federal awarding agency prohibits the County to enter into a contract to procure or
obtain equipment, services or systems that uses covered telecommunications equipment or services as a
substantial or essential component of any system, or as critical technology as part of any system.
Record Keeping Retention The Recipient, its employees or agents, including all contractors,
subcontractors or consultants to be paid from funds under this Agreement, shall allow access to its
records at reasonable times to the Departments, its employees and agents. "Reasonable" shall ordinarily
mean during normal business hours of 8am to 5pm local time, on Monday through Friday. "Agents" shall
include, but not be limited to, auditors retained by the Department.
The Contractor shall maintain all records required by the grantor. All reports, plans, surveys, information,
documents, maps and other data procedures developed, prepared, assembled, or completed by the
Contractor for the purpose of this Agreements shall be made available to the County by the Contractor at
any time upon request by the County or HUD. Upon completion of all work contemplated under this
agreement copies of all documents and records relating to this agreement shall be surrendered to the
County if requested. In any event the contractor shall retain all records relating to this contract for six years
after the local government makes final payment and all other pending matters are closed.
CAC
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
Increasing Seat Belt Use in the United States: Pursuant to Executive Order 13043, 62 FR 19217 (April
8, 1997), the County as a federal assistance Recipient should encourage its contractors to adopt and
enforce on-the-job seat belt policies and programs for their employees when operating company-owned,
rented or personally owned vehicles.
Religious Organizations CDBG funds may not be used for religious activities or provided to primarily
religions organizations. Section 24 CFR 570.200(j) specifies the limitations on CDBG funds.
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.
Termination for Cause and/or Convenience See Contract and Purchase Order Terms and Conditions
Certification
On behalf of my firm, I acknowledge, the grant requirements identified in this document.
Vendor/Contractor Name Benevate Inc
Signature / (,�/d46- Date 9/19/23
CAO
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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 (I)(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.
J. Jason Rusnak
Name Unique Entity Identification Number
President 81-0880368
Title Tax ID Number
Benevate Inc
Firm
3423 Piedmont Rd Atlanta, GA 30305
Street Address, City, State, Zip
attavf:k
Sg i natu CAO
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
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-T.TI,"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, Benevate Inc , 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 t ' certificOon acid disclosure, if any.
J'ctMI\.Kuxc�< Signature of Contractor's Authorized Official
J. Jason Rusnak/President Name of Authorized Official and Title
9/19/23 Date
CAO
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
Conflict of Interest Certification
Collier County Solicitation No.
J. Jason Rusnak , hereby certify that to the best of my knowledge,
neither I nor my spouse, dependent child, general partner, or any organization for which I am serving as an
officer, director, trustee, general partner or employee, or any person or organization with whom I am
negotiating or have an arrangement concerning prospective employment has a financial interest in this
matter.
I further certify to the best of my knowledge that this matter will not affect the financial interests of any
member of my household.Also, to the best of my knowledge, no member of my household; no relative with
whom I have a close relationship; no one with whom my spouse, parent or dependent child has or seeks
employment; and no organization with which I am seeking a business relationship nor which I now serve
actively or have served within the last year are parties or represent a party to the matter.
I also acknowledge my responsibility to disclose the acquisition of any financial or personal interest as
described above that would be affected by the matter,and to disclose any interest I, or anyone noted above,
has in any person or organization that does become involved in, or is affected at a later date by,the conduct
of this matter.
tir
J. Jason Rusnak • '\Zeovak\
Name Sig atteci
President 9/19/23
Position Date
Privacy Act Statement
Title I of the Ethics in Government Act of 1978 (5 U.S.C. App.), Executive Order 12674 and 5 CFR Part
2634, Subpart I require the reporting of this information. The primary use of the information on this form is
for review by officials of The Justice Department to determine compliance with applicable federal conflict of
interest laws and regulations.Additional disclosures of the information on this report may be made: (1)to a
federal, state or local law enforcement agency if the Justice Department becomes aware of a violation or
potential violation of law or regulations; (2)to a court or party in a court or federal administrative proceeding
if the government is a party or in order to comply with a judge-issued subpoena; (3) to a source when
necessary to obtain information relevant to a conflict of interest investigation or decision; (4)to the National
Archives and Records Administration or the General Services Administration in records management
inspections; (5) to the Office of Management and Budget during legislative coordination on private relief
legislation; and (6) in response to a request for discovery or for the appearance of a witness in a judicial or
administrative proceeding, if the information is relevant to the subject matter. This confidential certification
will not be disclosed to any requesting person unless authorized by law. See also the OGE/GOVT-2
executive branch-wide Privacy Act system of records.
FEDERAL CONTRACT PROVISIONS AND ASSURANCES
COLLIER COUNTY
ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT
status will be..+erified. Unverfidble statuses will require the PR ME to either provvde a revised statement or provide source documentation that validates a
status.
A. PRIME VENDOR/CONTRACTOR INFORMATION
PRIME NAME PRIME FEDPLUMBER CON—=.:.CTDO_LA AMOUNT
Benevate Inc
IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED. VETERAN V rX S THE ACTIVITY OF THIS CONTRACT...
MINORITY'OR WOMEN BUSINESS ENTERPRISE? DBE? Y NX CONSTRUCTION? Y N X
IDBE/M BE{W BE)OR HAVE A SMALL DISADVANTAGED
BUSINESS SA CERTIFICATION FROM THE SMALL BUSINESS MBE? Y NX CONSULTATON? Y N X
ADMINISTRATION? A SERVICE DISABLED VETERAN' WBE? Y N X OTHER? 'Y N
SOB aA? Y N X
ISTH`SSUBMISS.ONAREVISION? '+ MX F YES.REV SION NUMBER
B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL
BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION
DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT
VETERAN NAME SPECIALTY (See Below) DOLLAR AMOUNT DOLLARS
C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR
NAME OF SUBMITTER DATE TITLE OF SUBMETIER
J. Jason Rusnak 9/19/23 President _
EMAIL ADDRESS OF PRIME(SUBMITTER) TELEPHONE NUMBER FAX NUMBER
jason.rusnak@neighborlysoftwE re.com
NOTE:This information is used to track and report anticipated DBE or MBE participation in federallv-funded contracts. The anticipated OBE or
MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a
solicitation. 4 and when awarded a County contract,the prime will be asked to update the information for the grant compliance files.
ETHNICITY CODE
Black American BA
Hispanic American I-A
•
Native American NA
Subcont.Asian American SAA _
Asian-Pacific American APA
Non-Minority Women
Other:not of any other group listed 0
D. SECTION TO BE COMPLETED BY COLLIER COUNTY
DEPARTMENT NAME COWER CONTRACT b I IFB,(RFP or POfREOOGRANT PROGRAM,CONTRACT
ACCEPTED BY: DATE
5 t 4