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HomeMy WebLinkAbout2025-095-E-Finance Dept-Fifth Asset-Debt ManagementIn Process RENEWAL AMENDMENT & ORDER FORM This Renewal Amendment & Order Form (“Renewal Amendment”) to the existing Agreement, as defined below, is entered into between Fifth Asset, Inc. d/b/a DebtBook (“DebtBook”) and the Customer identified in the signature block below (“Customer”)(together, the “Parties”), is effective as of the date of Customer’s signature below and amends the Agreement as set forth below. RECITALS WHEREAS, the Parties have previously executed the Order Form and Terms & Conditions dated December 1, 2021 (together, the “Agreement”), as amended, which established the rights and obligations of each party with respect to the Services. WHEREAS, the Parties now wish to amend the Agreement to renew the Agreement and the Services for an additional one year, prorated to align with Customer’s fiscal year end. NOW, THEREFORE, in consideration of the mutual covenants and promises set herein and the continuing rights and obligations of the parties as set forth in the Agreement and the Renewal Amendment, the parties agree as follows: SERVICES & FEES Products Item & Description Year 1 (12/1/2024- 6/30/2025) Year 2 (7/1/2025- 6/30/2026) Debt Management Annual recurring fee for DebtBook's debt management software-as-a-service application provided to Customer through access to the Application Services List Price Discount Subtotal $30,000.00 ($25,895.00) $4,105.00 $30,000.00 ($22,605.00) $7,395.00 Lease & SBITA Management Annual recurring fee for DebtBook's lease and SBITA management software-as-a- service application provided to Customer through access to the Application Services List Price Discount Subtotal $15,000.00 ($11,000.00) $4,000.00 $15,000.00 ($8,500.00) $6,500.00 Annual Summary Year 1 Year 2 Recurring Subscription Fees $8,105.00 $13,895.00 Annual Total $8,105.00 $13,895.00 TERMS 1. The Parties have agreed to renew and extend the Agreement for an additional prorated two years beginning on December 1, 2024 (the “Renewal Date”) and concluding on June 30, 2026 (the “Renewal Term”). Year 1 of the Renewal Term will run from December 1, 2024, to June 30, 2025. Year 2 of the Renewal Term will run from July 1, 2025, to June 30, 2026. 2. The definition for “Application Services” in the Agreement is hereby amended to mean the Products and other application-based services that DebtBook offers to Customer through access to the DebtBook application. “Products” means, collectively, any products DebtBook may offer to Customer from time to time through the Application Services, in each case as established in any Order Form then in effect. The specific Products offered to Customer as part of the Application Services are limited to those Products expressly described in any Order Form then in effect. Docusign Envelope ID: B6F6796D-F354-4EBE-A8AE-1FDE4B2FAA73Docusign Envelope ID: 77D294EB-CD27-4F83-B262-533EB3438A67 In Process 3. The Fees for the Renewal Term are set forth above and will be due and payable on the Renewal Date and on each anniversary thereafter, subject in each case to the payment terms in the Agreement. 4. Any reference to the “Agreement” will mean the Agreement as modified by this Renewal Amendment. On the first day of the Renewal Term, this Renewal Agreement will constitute an “Order Form” as defined in the Agreement. Capitalized terms not defined herein will have the same meaning ascribed to them as set forth in the Agreement. 5. The express provisions of this Renewal Amendment constitute the sole amendment and modification of the Agreement by and between the Parties in connection with the Renewal Term. This Renewal Amendment may be executed in counterparts, including facsimile or other electronic counterparts. 6. Each of the undersigned represents that they are authorized to (1) execute and deliver this Renewal Amendment on behalf of their respective party and (2) bind their respective party to the terms of the Agreement, and (3) sufficient funds have been appropriated and are available to pay any Fees due under the Agreement in Customer’s current fiscal year. Fifth Asset, Inc. d/b/a DebtBook By: Name: Title: Date: Orange County, NC By: Name: Title: Date: Docusign Envelope ID: B6F6796D-F354-4EBE-A8AE-1FDE4B2FAA73 2/21/2025 Gary Donaldson Chief Financial Officer Docusign Envelope ID: 77D294EB-CD27-4F83-B262-533EB3438A67 3/6/2025 Chief Operating Officer & Secretary Michael Juby In Process Revised 01/24 ORANGE COUNTY—INTERNAL USE ONLY ______________________________________________________________________________ Finance Information Vendor Name: Fifth Asset (Debtbook) Vendor Contact Person: Jake McGlone Phone: 214-769-9981 Address: 300 W. Summit Ave, Suite 110 City Charlotte State: NC Zip: 28203 Department: Finance Amount: $22,000 (FY25: 12/1/2024-6/30/2025 $8,105.00) (FY26 7/1/2025-6/30/2026 $13,895) Purpose: Debt Management Budget Code(s): 11380035-899501 Vendor # 67233 Vendor Status with NCSOS: Vendor is a BOCC consultant: Yes No Contract Details Contract Type: New Amendment (Original Contract: 12/01/2021) (Most Recent Amendment ) Effective Date 12/01/2024 End Date 06/30/2026 Notice Date (Notice Purpose ) Award Approved by Board (Agenda Date: ); Made or Administered by Signature Authority - BOCC Express Delegation (Agenda Date: ) - Policy 9.4: Under $5,000; Service Under $90,000; Construction Under $250,000 - Budget Policy Section XV (Capital Improvement Project: ) Bidding Informal Bidding ($30k-$90k); Formal RFP ($90k+); Other (<$30k); Exception(# ) Department Affirmation This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has not been initiated prior to execution of the agreement. This agreement is approved as to technical form and content. Services related to this agreement have already begun or been completed. Description of the nature of the emergency condition that was addressed: Department Director’s Signature ________________________________________ Date: ________ Information Technologies This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Inapplicable because no hardware/software purchases or related services Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of the Risk Management Officer___________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov The following signature block is for hard copies only and is not required for Docusign contracts: Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ County Manager Docusign Envelope ID: B6F6796D-F354-4EBE-A8AE-1FDE4B2FAA73 2/21/2025 2/21/2025 2/26/2025 2/27/2025 2/27/2025 Docusign Envelope ID: 77D294EB-CD27-4F83-B262-533EB3438A67 3/6/2025