Loading...
21-2564ORDINANCE NO. 21-2564 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE APPROVAL OF A FOURTH AMENDMENT TO A CONTRACT BETWEEN THE CITY OF DENTON AND CLEARRISK, INC-, AMENDING THE CONTRACT APPROVED BY PURCHASING ON JANUARY 9, 2014, IN THE NOT -TO - EXCEED AMOUNT OF $49,500.00; AMENDED BY AMENDMENTS 1-3 APPROVED BY THE COUNCIL AND PURCHASING; SAID FOURTH AMENDMENT TO CONTINUE TO PROVIDE RISK MANAGEMENT INFORMATION SYSTEM (RMIS) SOFTWARE FOR THE RISK MANAGEMENT AND SAFETY DIVISIONS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (FILE 7261 . - PROVIDING FOR AN ADDITIONAL FOURTH AMENDMENT EXPENDITURE AMOUNT NOT -TO - EXCEED $24,500.00, WITH THE TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $172,500.00 AND EXTENDING THE CONTRACT WITH CLEARRISK, INC. TO JANUARY 8, 2023). WHEREAS, on January 9, 2014, the City awarded a contract to ClearRisk, Inc. in the amount of $49,500°00, for a software product that manages claims and risk information; and WHEREAS, on December 13, 2016, by Ordinance No. 2016-412, the City awarded a Second Amendment to ClearRisk, Inc. in the amount of $49,500, for the continued use of a software product that manages claims and risk information; and WHEREAS, on December 13, 2019, the City awarded a Third Amendment to ClearRisk, Inc. in the amount of $49,000, for the continued use of a software product that manages claims and risk information; and WHEREAS, the additional fees under the proposed Fourth Amendment are fair and reasonable and are consistent with, and not higher than, the recommended practices and fees applicable to the Provider's profession, and such fees do not exceed the maximum provided by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The Fourth Amendment, increasing the amount of the contract between the City and ClearRisk, Inc., which is on file in the office of the Purchasing Agent, in the amount of Twenty Four Thousand Five Hundred and 001100 ($24,500.00) Dollars, is hereby approved, and the expenditure of fiends therefor is hereby authorized in accordance with said amendment which shall be effective upon the execution of the amendment attached hereto. The total contract amount increases to $172,500.00. SECTION 2. This ordinance shall become effective immediately upon its passage and approval. The motion to approve this ordinance was made by cylf,-- and seconded by ­�5e,—z-5 e_ aL_; This ordinance was passed and approved by the following vote [ -7 - _0j: Aye Nay Abstain Absent Mayor Gerard Hudspeth: Vicki Byrd, District 1: Brian Beck, District 2: Jesse Davis, District 3: Alison Maguire, District 4: r Deb Annintor, At Large Place 5: / Paul Meltzer, At Large Place 6.- PASSED : PASSED AND APPROVED this the —1��- day of oec e.,mb e( , 2021. GERARD HUDSPETH, MAYOR ATTEST: ROSA RIOS, CITY SECRETARY N:0 f D �` cap$' `• : o' -*:. APPROVED AS TO LEGAL FORM: s MACK REINWAND, CITY ATTORNEY PiglmEly signed by Matcelfa Lunn PN' m=Marcella W nu, e, ou-cixy MPenron, r BY: —�A�q� }emaily lmcella9tyafdenton.rnm <=U5 [k te: 2021.13 A911:i 1131 1:42 LK'l17 DocuSign Envelope ID: 384ABADD-6563-4C74-AA83-AE506AAD63D8 I CITY DENTON Docusign City Council Transmittal Coversheet FILE 7261 File Name Claims Handling for Risk Management Software Purchasing Contact Cabby Leeper City Council Target Date DECEMBER 7, 2021 Piggy Back Option Not Applicable Contract Expiration JANUARY 8, 2023 Ordinance 21-2564 D3 Vy' DccuSign Envelope ID: 384ABADD-6583-4G74-AA83-AE506AAD63D8 ClearRisic C1earRisk/City of Denton, TX Renewal Agreement THIS ADDENDUM made at the City of St. John's, Province of Newfoundland and Labrador this 7TH day Of DECEMBER 2021, BETWEEN: CLEAR RISK INC., a body corporate, organized and existing under the laws of the Province of Newfoundland and Labrador ("ClearRisk") AND: City of Denton, TX WHEREAS C1earRisk and Client entered into the C1earRisk Claims Services Agreement dated the 9th day of January 2014 and the I5t Addendum to the C1earRisk Claims Services Agreement dated the 13`h of December 2016 (the "Services Agreement") and the 2nd Addendum to the C1earRisk Claims Services Agreement dated the 19t'h of December 2019 (the "Services Agreement") AND WHEREAS the parties wish to amend the Services Agreement as more particularly set out herein, NOW THIS ADDENDUM AGREEMENT WITNESSES that, for and in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the parties hereto, being all of the parties to the Services Agreement, agree that the Services Agreement shall be amended as follows: Article 2.1 to be updated from its original form in the original ClearRisk Claims Services Agreement dated the 9tb day of January 2014 to the following: This agreement comes into force as of the date hereof and has a term of one year from the date on which this agreement comes into force unless it is renewed in accordance with the provisions of Section 2.2 hereto. P. 0. Box 21097, St. John's, NL, Al 5B2 phone: 709.727.6424 email: mbowman@cleardsk.com DocuSign Envelope ID: 384ABADD-65B3-4C74 AA83-AE506AAD63D8 ClearRisk- Article 8.3 to be added as per the following: 8.3 Data Provided Upon Termination. Upon the termination of this Agreement for any reason, ClearRisk shall, if requested by Client within 30 days of the effective termination date, backup Client's Client Data and provide electronic copies of such Client Data through a ClearRisk provided FTP folder to Client. All data will be uniquely identified for efficient processing. Client Data will be provided as follows: • Text data in CSV format with appropriate titles and column headers • Notes and file attachments in their native format provided in .zip folder • Once data is accepted by Client, ClearRisk will delete all data from existing servers and provide confirmation to Client. After such 30 -day period, ClearRisk will have no obligation to maintain or provide any Client Data, and will thereafter delete or destroy all copies of Client Data in its systems or otherwise in its possession or control, unless legally prohibited. Once Client Data has been provided to Client as described above, ClearRisk will have no further responsibility to Client. Pricing Breakdown (Schedule "B" update) Pricing of ClearRisk Claims will not increase for 2022: 1 -year term: 2022: $24,500 `All pricing in USD P. O. Box 21097, St, John's, NL, Al 5B2 phone: 709.727.6424 email: mbowvman@clearrisk.com DocuSign Envelope ID: 384ABADD-65B3-4074-AA83-AE506AAD63D8 ClearRisk- This Addendum is supplementary to the Services Agreement and all other provisions of the Services Agreement shall remain in force, unless inconsistent with this present Addendum. Defined terms in this Services Amendment have the same meaning as the meaning given to them in the Services Agreement, unless otherwise expressly set forth in this Addendum. IN WITNESS WHEREOF the parties have caused to be hereto affixed their respective corporate seals attested by the signatures of their duly authorized signing officers as of the date indicated first herein: City of Denton, TX Per: cabby Leeper DoauSlgned by: Name f "8 dup&%, OC35AF557'5244OF... Title: Buyer _ Date: 11/3/2021 C1earRisk Inc. Doeuftned by: Per: I� t" bewy ' 25FI37EE10 2471 -- Name: Mike Bowman Title: VP, Sales & Customer Success Date:11/9/2021 P.O. Box 21097, St. John's, NL, AIA 5B2 phone: 709.727.6424 email: mbowman@clearrisk.com DocuSign Envelope ID: 384ABADD-65B3-4C74-AA83-AE506AAD63D8 THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. DocuSigned by: SMN00"tw- Deby Skawinski PRINTED NAME Deputy Director. Risk & Compliance TITLE HR/Risk Management DEPARTMENT CITY OF DENTON, TEXAS DocuSigned by: BY: H=a�tL� 'SA4*t08L• EY INTERIM CITY MANAGER ATTEST: ROSA RIOS, CITY SECRETARY FSigned by: P1::BY:PIZ" 1C5CAKM75493... APPROVED AS TO LEGAL FORM: MACK REIN WAND, CITY ATTORNEY IZYWIA cusigned by: BY: �-48070831 MAA438...