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...