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HomeMy WebLinkAbout23S304 - BENEVATE LLC dba NEIGHBORLY SOFTWARECONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Assignment-Rental Assistance (SAAS) Agreement BENEVATE LLC d/b/a NEIGHBORLY SOFTWARE Jason Rusnak Jason.Rusnak@NeighborlySoftware.com Using for Tenant Based Rental Assistance Program-(Assignment: Legal Entity changed from Benevate Inc to Benevate LLC) $17,100 + $9,700 = $26,800 October 4, 2023 to October 3, 2024 N/A Jason Rusnak, Jason.Rusnak@NeighborlySoftware.com Housing & Community Development Ariel Tolefree-Williams x8232 N/A 23S304 Assignment - N/A N/A Procurement N/A Yes N/A N/A N/A 10/21/2024 Brian Sotak-Rossman Docusign Envelope ID: 231B231E-CADF-4B70-A6F7-C538A8A99E4B Revised 4.13.23 Page 1 of 4 ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT 23S304 THIS ASSIGNMENT, ASSUMPTION, AND CONSENT AGREEMENT (“Assignment”) is made and entered into as of the 22nd day of October, 2024, by Benevate, Inc. dba Neighborly Software, a Delaware Corporation (“Assignor”), Benevate LLC dba Neighborly Software, a Delaware Limited Liability Company (“Assignee”), and the City of Palm Springs, a charter city, organized and existing in the County of Riverside, under virtue of the laws of the State of California (“City”). WHEREAS, Assignor and City entered into that certain Software as a Service (SAAS) Agreement 23S304 dated October 4, 2023 (“Agreement”), to provide Neighborly software for the Tenant Based Rental Assistance Program; and WHEREAS, pursuant to Section 6 of the Agreement, Assignor may not assign the Agreement without the written consent of the City; and WHEREAS, on October 10, 2024, Neighborly Software received a growth equity investment from Falfurrias Growth Partners (FGP). The legal entity changed from Benevate Inc. to Benevate LLC. Benevate LLC will continue doing business as Neighborly Software; and WHEREAS, Assignor desires to assign the Agreement, Assignee agrees to assume the obligations of Assignor pursuant to the Agreement, and City desires to consent to such assignment of the Agreement. NOW, THEREFORE, in consideration of the premises and their respective best interests, the parties agree as follows: 1. Assignor assigns to Assignee the rights and obligations of Assignor as provided in the Agreement. 2. Assignee accepts the assignment of the Agreement and agrees to assume and perform all covenants and obligations required of Assignor thereunder to the extent, but only to the extent, occurring or accruing from and after the date hereof. Assignee covenants and agrees to indemnify, save, defend and hold harmless Assignor from and against any and all loss, liability, claims, causes of action, demands, damages, expenses and costs including, but not limited to, reasonable attorneys’ fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and which arise out of or relate to causes of action occurring from and after the date hereof. Assignor hereby agrees to indemnify, save, defend and hold harmless Assignee from and against any and all loss, liability, claims, causes of action, demands, damages, expenses and costs including, but not limited to, reasonable attorneys’ fees and expenses actually incurred existing in favor of or asserted by City under the Agreement, or any other person, and which arise out of or relate to causes of action occurring prior to the date hereof. Docusign Envelope ID: 231B231E-CADF-4B70-A6F7-C538A8A99E4B Revised 4.13.23 Page 2 of 4 3. City hereby consents to the assignment by Assignor to Assignee pursuant to the terms hereof and acknowledges that from and after the date hereof, Assignee has assumed all of Assignor’s obligations with regard to the Agreement. 4. Assignor and City do hereby represent and warrant to Assignee neither party is in default under the Agreement, nor does there exist any matter that, but for the passage of time, would constitute a default under the Agreement. 5. This Assignment may be executed in any number of counterpart copies which together shall constitute one and the same document; and a signed copy of this Assignment sent by a party by fax or email shall be effective and binding on the sending party as if it was an original signed copy of the document. IN WITNESS WHEREOF, the undersigned have executed this Assignment, Assumption, and Consent Agreement to be effective as of the day and year first above written. ASSIGNOR: ASSIGNEE: Benevate, Inc. dba Neighborly Software Benevate LLC dba Neighborly Software By: By: __ Name: Name: __ Title: Title: __ APPROVED AS TO FORM: ATTEST: By: ___________________________ By: _______________________________ City Attorney City Clerk CITY: CITY OF PALM SPRINGS By: ___________________________ Department Director Docusign Envelope ID: 231B231E-CADF-4B70-A6F7-C538A8A99E4B President 10/24/2024 Jason Rusnak Jason Rusnak President 10/24/2024 10/24/2024 Revised 4.13.23 Page 3 of 4 Docusign Envelope ID: 231B231E-CADF-4B70-A6F7-C538A8A99E4B Revised 4.13.23 Page 4 of 4 Docusign Envelope ID: 231B231E-CADF-4B70-A6F7-C538A8A99E4B