HomeMy WebLinkAboutC2022-246 - 12/6/2022 - Approved DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
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H CO-OPERATIVE PURCHASE AGREEMENT NO. 4441
Budget Module Replacement
1852
THIS Budget Module Replacement Co-operative Purchase Agreement
("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-
rule municipal corporation ("City") and Vertosoft, LLC ("Contractor'), effective upon
execution by the City Manager or the City Manager's designee ("City Manager").
1. Co-operative Agreement. Contractor has agreed to provide Budget Module
Replacement in accordance with its agreement DIR-TSO-4227 (the "Co-operative
Agreement"), which is incorporated by reference into this Agreement as if fully set
out here in its entirety. In the event of a conflict between this Agreement and the
Co-operative Agreement, this Agreement shall govern to the extent allowed by
the Co-operative Agreement.
2. Scope. Contractor shall provide Budget Module Replacement in accordance
with the attached quote ("Quote"), as shown in Attachment A, the content of
which is incorporated by reference into this Agreement as if fully set out here in its
entirety.
3. Term. The Term of this Agreement is five years beginning on the date provided in
the Notice to Proceed from the City's Contracts & Procurement Division. The
parties may mutually extend the term of this Agreement for up to zero-additional
zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior
to the expiration of the original term or the then-current Option Period.
4. Compensation and Payment. This Agreement is for an amount not to exceed
$1,282,038.40, subject to approved amendments and changes. All pricing must
be in accordance with the attached Quote, as shown in Attachment B, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety.
Invoices must be mailed to the following address:
City of Corpus Christi
Attn: Accounts Payable
P. O. Box 9277
Corpus Christi, TX 78469-9277
5. Contract Administrator. For the purposes of this Agreement, the City's assigned
contract administrator ("Contract Administrator") is the Director of Information
Technology or the Director's designee ("Director"). The Contract Administrator is
responsible for the approval of all phases of performance and operations under
Co-operative Purchase Agreement-OpenGov Software (Vertosoft LLC) Page 1 of 3
DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
this Agreement, including deductions for non-performance and authorizations for
payment.
6. Notice. Any notice required under this Agreement must be given by email, fax,
hand delivery, or certified mail, postage prepaid, and is deemed received on
the day emailed or faxed with proof of transmission, on the day hand-delivered,
or on the third day after postmark if sent by certified mail. Notice must be sent as
follows:
If to City: With a copy to:
City of Corpus Christi City of Corpus Christi
Attn: Peter Collins Attn: Eddie Houlihan
IT Director Management & Budget Director
1201 Leopard St. P. O. Box 9277
Corpus Christi, TX 78401 Corpus Christi, TX 78469-9277
Email: peterc@cctexas.com Email: eddieho@cctexas.com
Fax: (361) 826-3174 Fax: (361) 826-3174
If to Contractor:
Vertosoft, LLC
Attn: David Ball, Sales
1602 Village Market Blvd., Suite 215
Leesburg, VA 20175
Email: sales@vertosoft.com
Fax: 571-291-4119
7. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and Contract Administrator. Additionally,
the COI must state that the City will be given at least 30 days' advance written
notice of cancellation, material change in coverage, or intent not to renew any
of the policies. The City must be named as an additional insured, and the City
Attorney must be given copies of requested insurance policies within 10 days of
the City Manager's written request for the same. Insurance requirements are as
stated in Attachment C, the content of which is incorporated by reference into
this Agreement as if fully set out here in its entirety.
8. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is
subject to appropriations and budget approval specifically covering this
Agreement as an expenditure in said budget, and it is within the sole discretion of
the City's City Council to determine whether or not to fund this Agreement. The
City does not represent that this budget item will be adopted, as said
determination is within the City Council's sole discretion when adopting each
budget.
Co-operative Purchase Agreement-OpenGov Software (Vertosoft LLC) Page 2 of 3
DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
9. Amendments. This Agreement may be amended only in writing, following the
change procedure set out in Attachments A and B, as applicable, and signed by
authorized representatives of each party.
10. Entire Agreement. This Agreement, along with the Co-operative Agreement,
constitutes the entire understanding and agreement between the parties
concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
CONTRACTOR
DocuSigned by:
Signature: v--� ba
FBF56DStJ93FF4F3...
Printed Name. David Ball
Title: senior Director
Date: 11/10/2022 Ord. 032923 Authorized By
Council 12-6-2022
CITY OF CORPUS CHRISTI
DocuSigned by: r_ ,�-
` 12/9/2022 DS
J-0—S H DC'fi? fil6y Date Ir
Assistant Director of Finance — Contracts & Procurement
APPROVED AS TO FORM:
DocuSigned by:
{ 11/23/2022 ATTEST:
sftf 4hf'City Attorney Date DocuSigned b
�
Rebecca Huerta
Attached and Incorporated by Reference: City Secretary
Attachment A: Quote & Statement of Work
Attachment B: Software Services Agreement
Attachment C: Insurance Requirements
Incorporated by Reference Only:
Co-operative Agreement: DIR-TSO-4227
Co-operative Purchase Agreement-OpenGov Software (Vertosoft LLC) Page 3 of 3
DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
Afladil,'r HIr'v1 As QuolitH, & Statelrrmlrvt of Warlk
tosoft
: 10114 011 41114111:.::11,411114131:11
David Ball Holly Houghton 8504
Vertosoft LLC HAM, A 11:
1602 Village Market Blvd,Suite 215 holllly@cctexas,coinn November 2,2022
Leesburg,VA 20175
\/�L.If)1.11,.4 111
December 16,2022 at 11:00 AM
DUNS#080431574
Cage Code:7QV38
Federal Tax ID:81-3911287
Business Size:Small Business
sales@vertosoft.com
Fax:571-291-4119
wwnivel tosott.colnn
703 568 4 703
Vertosoft OpenGov Quote - TX DIR - City of Corpus Christi TX
Texas DIR Contract Number: DIR-TSO-4227
Payment Terms-Net 30
Delivery:Electronic
Government Customer Ship To:City of Corpus Christi,TX
P.O Box 9277
Corpus Christi,TX
Eddie Houlihan
eddieho@cctexas.com
(361)826-3792
Holly Houghton
holly@cctexas.com
Subscription Term
Start Date: 10/01/2022
End Date:09/30/2027
Fees payable during the initial five year term from 10/1/2022-9/30/2027 shall not increase until the renewal term effective
10/1/2027
OPGV-GABS-BI2B-RR-5Y 208,198.97
Budgeting &Planning - Between$1-2 Billion-5Y-Year 1 x 1
Includes Premium Support(OPGV-GBCS-BI 2B-RR-5Y) 208,198.97
Period of Performance:10/01/2022-09/30/2023
Payment for Year 1: Billable 1/1/2023
DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
OPGV-HAFB-Bl2B-RR-5Y 31,701.03
Multi-Approval Workflows for Finance - Between$1-2 Billion-5Y-Year 1 x 1
Period of Performance:10/01/2022-09/30/2023 31,701.03
Payment for Year 1: Billable 1/1/2023
OPGV-GHBP-Bl2B-NR-OY 231.20
Custom Professional Services Deployment&Travel - Fixed Fee - Between$1-2 x 357
Billion- 82,538.40
Start Date: 10/01/2022
Includes all travel costs
Payment for Year 1: Billable 1/1/2023
Subtotal 322,438.40
OPGV-GABS-BI2B-RR-3Y 208,198.97
Budgeting &Planning - Between$1-2 Billion-5Y-Year 2 x 1
Includes Premium Support(OPGV-GBCS-BI 2B-RR-5Y) 208,198.97
Period of Performance:10/01/2023-09/30/2024
Payment Due Date: 10/15/2023
OPGV-HAFB-Bl2B-RR-5Y 31,701.03
Multi-Approval Workflows for Finance - Between$1-2 Billion-5Y-Year 2 x 1
Period of Performance:10/01/2023-09/30/2024 31,701.03
Payment Due Date: 10/15/2023
Su btota 1 239,900.00
OPGV-GABS-BI2B-RR-5Y 208,198.97
Budgeting &Planning - Between$1-2 Billion-5Y-Year 3 x 1
Includes Premium Support(OPGV-GBCS-BI 2B-RR-5Y) 208,198.97
Period of Performance:10/01/2024-09/30/2025
Payment Due Date: 10/15/2024
OPGV-HAFB-Bl2B-RR-5Y 31,701.03
Multi-Approval Workflows for Finance - Between$1-2 Billion-5Y-Year 3 x 1
Period of Performance:10/01/2024-09/30/2025 31,701.03
Payment Due Date: 10/15/2024
Su btota 1 239,900.00
OPGV-GABS-BI2B-RR-5Y 208,198.97
Budgeting &Planning - Between$1-2 Billion-5Y-Year 4 x 1
Includes Premium Support(OPGV-GBCS-BI 2B-RR-5Y) 208,198.97
Period of Performance:10/01/2025-09/30/2026
Payment Due Date: 10/15/2025
DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
0PGV-HAFB-BI2B-RR-5Y 31,701.03
Multi-Approval Workflows for Finance - Between$1-2 Billion- 5Y-Year 4 x 1
Period of Performance:10/01/2025-09/30/2026 31,701.03
Payment Due Date: 10/15/2025
Su btota 1 239,900.00
0PGV-GABS-BI2B-RR-5Y 208,198.97
Budgeting &Planning - Between$1-2 Billion-5Y-Year 5 x 1
Includes Premium Support(OPGV-GBCS-BI 2B-RR-51) 208,198.97
Period of Performance:10/01/2026-09/30/2027
Payment Due Date: 10/15/2026
0PGV-HAFB-BI2B-RR-5Y 31,701.03
Multi-Approval Workflows for Finance - Between$1-2 Billion- 5Y-Year 5 x 1
Period of Performance:10/01/2026-09/30/2027 31,701.03
Payment Due Date: 10/15/2026
Su btota 1 239,900.00
Total $1,282,038.40
OpenGov Terms of Service
Annual invoices will be delivered by the start of each consecutive annual period.Payment of invoices shall be annually in
advance.Customer's use of the OpenGov Services is pursuant to the the Terms and Conditions-Software Service Agreement
(Purchase through an OpenGov Authorized Reseller)set forth at Irnttlps://olpeirngorr.coi /teen ms of seirvilce.Any Professional Services
shall be performed pursuant to the attached Statement of Work.
All Purchase Orders must include:End User Name, Phone Number, Email Address, Purchase Order Number,Government
Contract Number and Our Quote Number, Bill-To and Ship-To Address(Cannot ship to a PO Box), Period of Performance(if
applicable),and a Signature of a duly Authorized Representative.
AGREED TO AND SIGNED by authorized representatives of each of the Parties on the dates indicated below.
Vertosoft LLCapcus.gne�tdbytt,rr City of Corpus Christi TX : r_
By: Lym� By:
FBP56DS�93FF4F3... 5, 56E�64EG_..
Name: David Ball Name: Josh Chronley
Title: Senior Director Title: AD of Finance & Procurement
Date: 11/10/2022 Date: 12/9/2022
DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
OPENGOV
S ta teimein t of Woirlk
CRY
Of Corpus Ill iron tiff "°1111"°
Created by: Ariana Tuckey
Creation Date: 09/28/22
Document Number: DD-02694
Version Number: 2
Overview 2
Preamble 2
Project Initiation 4
Best Practice Review 4
Configuration 4
Validation 5
Deploy 5
Project Completion 5
111611es aind IlRes p insfibillliti
Roles and Responsibilities Matrix 6
Regular Communication Components 8
Commitment to Project Direction and Goals 9
Process 10
Escalation Requirements 10
Documentation 11
131roject Scope '12
OpenGov Reporting &Transparency Platform 12
OpenGov Reporting &Transparency Platform Project Deliverables 12
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DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
(DOPENGOV
Project Tasks 12
Initiate 12
Best Practices 13
Configuration 13
Validation 14
Deploy 14
OpenGov Budgeting& Planning 15
Budget& Planning Project Deliverables 15
Project Tasks- Budgeting and Planning 15
Initiate 15
Best Practices 17
Configure 17
Validation 19
Deploy 19
Financial Integration 20
Financial Integration Deliverables 20
Financial Integration Tasks 20
Initiate 20
Configuration 21
Validation 21
Deploy 22
Acceptaince 22
Acceptance Process 22
Acceptance Requirements 23
1"it v 111 24
Overview
U. Preamble
This Statement of Work ("SOW') identifies services that OpenGov, Inc. ("OpenGov" or "we") will
perform for City of Corpus Christi, TX("Customer" or"you") pursuant to that order for Professional
Services entered into between OpenGov and the Customer ("Order Form") which references the
Software Services Agreement or other applicable agreement entered into by the parties (the
"Agreement').
• Customer acknowledges and agrees that this Statement of Work is subject to the
confidentiality obligations set forth in the Software Services Agreement between OpenGov
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DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
(DOPENGOV
and City of Corpus Christi, TX.
• Customer's use of the Professional Services are governed by the Agreement and not this
SOW.
• Upon execution of the Order Form or other documentation referencing the SOW, this SOW
shall be incorporated by reference into the Agreement.
• In the event of any inconsistency or conflict between the terms and conditions of this SOW
and the Agreement, the terms and conditions of this SOW shall govern with respect to the
subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in
this SOW shall have the meaning defined in the Agreement.
• This SOW may not be modified or amended except in a written agreement signed by a duly
authorized representative of each party.
• OpenGov will be deployed as is. Customer has access to all functionality available in the
current release.
OpVenGov ImplementationeMei o!
Initiation Rest.Practice Review Validation Go Me Project Completion
KeyActivltles: Learning avid application or'Best
Key Activities: practices,N•lands-onWarkshops,Admin Training Key Activities: KeyActiviles:System Key'ActivltlesaFinal
Introductions,project plan Key Work Products,Document Request Configuration Review„ In use Acceptance,Transition to
review,establish charter ClreckAsts.,Soiutfon Recommendation,Daw map, Usem Acceptance Testing, Customer Success
and plan timelines S,olsAion Document Data ConHrrnaation,UserKey Work Productsr. Manager avid Tec:hnacau
Training Prooct Documentation Support,Feedback.survey
Key Work Products:.Roles..
and retsponsibRitdes. configuration Key Worts'Products:Data Key Work Products:Project
overview,project plan, Key Activities:Appl catlon and Skalutlon Val Wall on,Customer Acceptance,Transition
Charter and Schedule Canrrf9gjuuratlon,InMM Data Migj,rar:lern Review
Key War*Products,Soludrtisan Conddgjuradlon,Feer
RpVww,S olsatlon.Document
urs rr in ,ur mi° � 'pro
e lMetlhoddlogy
OpenGov's deployment methodology, often referred to as the OpenGov Way("OG Way'), delivers on
OpenGov's mission to power more effective and accountable governments. 'It is an innovative,
modern, and iterative approach that leads our customers to successfully deploy our products and
help them successfully achieve their vision. The OG Way differentiates itself in the market by its
foundation of customer empowerment. We rely on our years of experience working with
governments, leading in governments, and leveraging best practices from the public and private
sector in order to coach our customers through the change management needed to leverage our
quality software. This methodology requires a degree of focus and engagement to ensure
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DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
(DOPENGOV
collaboration between both parties to produce the desired results in a timely manner. We look
forward to our partnership and can't wait to show you how The OG Way will improve the way you do
business and the services you're able to provide to your citizens!
Project Initiation
During project initiation, we will introduce project resources, review the products and services
purchased, finalize project timelines, and conduct the kickoff meeting. Both OpenGov and
Customer are responsible for assigning their Project Managers for the project. We will hold a
planning meeting to review all project documents OpenGov has received to date.We'll also provide
additional worksheets that need to be included. We'll set-up meetings to finalize the project plan
and ensure there is a centralized location for these documents to be stored for collaboration.
Lastly, we'll determine the date for the larger kickoff meeting and discuss the agenda for this
critical meeting.
Best Practice Review
• OpenGov will provide your team with access to OG University and OpenGov's Resource
Center so that you can start learning.
• OpenGov provides checklists with samples of data and information that we'll need
completed. We will obtain all data and integration information at this time in our standard
format.
• We will review your agency-specific documents to validate your business requirements.
• We will then coach you on our best practices by showing you how our tool works in the most
effective manner.
• Based on our best practices review and domain expertise, we will make solution
recommendations.
• We will align with your team based on our understanding of your operating processes based
on technical requirements and product functionality.
• OpenGov will review all data and integration requirements. A data map will be mutually
agreed upon and signed off on by Customer.
• OpenGov will present a solution document to be mutually agreed upon prior to starting the
configuration.
Configuration
• We will set-up the base configuration based on the mutually agreed upon solution
document.
• We will mutually configure the use cases based on the mutually agreed upon solution
document.
• We will migrate your data based on our mutually agreed upon data map.
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DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
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Validation
• Customer reviews the completed work performed during configuration.
• The appropriate members of the Customer project team will confirm that the solution has
been configured correctly based on the solution and data mapping documents by testing
the use of the solution.
• Training will be provided based on the selected package, or as set forth herein.
• Any items that were configured or migrated incorrectly based on the data map and solution
document will be tracked via an issue log. We will work with your team to identify
deployment critical issues that will be worked out prior to launch. If the item is not included
in the mutually agreed upon data map and solution document, a mutually agreed upon
change order will be discussed as defined in Section 10 Change Management of this SOW.
• The exit criteria for this phase is the sign off by the Customer's Project Manager of the
configuration based on the mutually agreed upon solution and data map as defined in
Section 9 Acceptance of this SOW.
Deploy
• The solution is usable by Customer.
Project Completion
• Customer is sent a project acceptance form to sign as defined in Section 9 Acceptance of
this SOW.
• Customer will be asked to respond to a brief survey to provide feedback about the
experience.
• Customer is introduced to Customer Support and educated on how to engage with
customer support based on Customer's procured package.
"' . Piirol,ject Sdhedulle
OpenGov will schedule resources for this project upon signature of the Order Form. Unless
specifically noted, the OpenGov assigned project manager (as identified below or such alternate
designated by OpenGov, the"OpenGov Project Manager')will work with Customer Project Manager
to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves
the right to adjust the schedule based on the availability of OpenGov resources and/or Customer
resources, and the timeliness of deliverables provided by the Customer.
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DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
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ii.. 1IIRdles aindVIII° III iiia ilii III ilii VIII ilii° ilii
.1. Roles and Responsibilities Matrix
Executive Sponsor Responsible for ensuring alignment on project value proposition and
("ES") vision. Escalation point for Customer Executive Sponsor to mitigate
any risks that the project team cannot resolve. Executive Sponsor
attends monthly(or other frequency)executive meetings to review
deployment status, documented issue list, status and closure
summary.
Project Manager("PM") Responsible for the delivery of the professional services based upon
the agreed upon contract and SOW within the budgeted hours and
timeframe. Ensures the project is properly forecasted, assigns
tasks/resources, and tracks toward project completion. Holds
executive steering committee meetings and/or quarterly business
reviews as appropriate to ensure project issues are properly escalated
and success is achieved. Facilitates the transition to support.
Implementation Responsible for helping Customer configure OpenGov's product suites
Analyst("IA') as assigned. The IA is the primary consultant, guiding Customer
through configuration working sessions to put together successful
workflows.
Subject Matter Expert OpenGov Subject Matter Experts("SMEs")will engage in strategy,
("SME") design, and execution discussions internally and with Customer
during the deployment. The SME has a specific area of expertise, and
depending on the scope of the project more than one SME may
engage. The SME will not be on all working sessions, but will be
involved per the direction of the OpenGov Project Manager.
Data Solutions Responsible for migrations, conversions, and integrations as
Engineer("DSE") assigned. Responsible for providing clear direction on specifications
to ensure proper delivery of migration, conversions, and integrations.
Clear data mapping and data validation to be provided with customer
sign-offs obtained by the OpenGov Project Manager.
Account Executive The Account Executive is responsible for the sales cycle. Aligning on
('AE") program vision,value proposition, and contract terms. The Account
Executive will facilitate project kickoff along with the OpenGov
Project Manager. The Account Executive will be engaged with the
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DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
(DOPENGOV
customer throughout their journey with OpenGov, post-deployment
and beyond.
Customer Success The Customer Manager("CSM")is the primary customer relationship
Manager("CSM") holder post-Deploy.The"Air Traffic Controller'or"Quarterback"of
OpenGov resources with focus on long term success of Customer's
partnership with OpenGov. The CSM will engage with Customer to
discuss adoption strategy and conduct periodic reviews to ensure
Customer's key stakeholders understand all OpenGov offerings and
how they align to key Customer priorities. The CSM will be introduced
at deployment kickoff, but will not be an active participant in
deployment working sessions. As the deployment approaches closure,
the CSM's engagement will ramp-up, and the OpenGov Project
Manager to CSM meeting with Customerwill occur prior to Project
Completion.
Budget Owner("BO") The Customer Budget Owner commits the funds to the project
deployment, assesses the value to the cost(ROI), and approves
changes orders. In some cases, the Budget Owner and Executive
Sponsor are the same person.
Executive Sponsor Responsible for ensuring Customer team is aligned to core project
("ES") value proposition and goals. Able to intervene if the project goes off
track, and has ability to make decisions on timeline and budget when
decisions are stalled. The Executive Sponsor is not expected to
regularly attend deployment working sessions. Executive Sponsors,
attend monthly(or other frequency)executive meetings to review
deployment status, documented issue list, status and closure
summary.
Project Manager("PM") Serves as the primary contact for OpenGov Project Initiation, Best
Practice Review, Configuration, Validation, Deploy, Project
Completion. Coordinates meetings and schedules. Controls
communication between the Customer and OpenGov project teams.
Project Lead("PL") Is an internal SME in the functional area of deployment.Attends
working sessions, trainings, and responsible for reviewing
configurations. Primary OpenGov counterpart will be the IA.
Data and SystemsLead Responsible for mapping out data infrastructure and validating
("DSL") migration, conversion, integration requirements. Someone who is
able to connect OpenGov team with any of Customer's third-party data
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DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
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sources and vendors as needed tofu If i I I SOW requirements.
IISG oveirinaince
Project Governance provides the foundation and framework to manage deployments by assessing
progress and addressing questions and challenges during the course of deployment. OpenGov
follows three guiding principles for governance to maximize the deployment value with our
customers:
• Regular communication aligned to the agreed upon project plan and timing will occur.
OpenGov expects Customers to raise questions or concerns as soon as they arise. OpenGov
will do the same, as we can only address items when known.
• Executive involvement is expected from both OpenGov and Customer. Not only may
Executives be called upon to clarify expectations and/or confusion, but also to steer
strategic items to maximize the value through the deployment.
• Commitment to the direction outlined in this SOW and critical assessment change orders
to ensure they drive value.
.1. Regular Communication Components
1111
lig, I w i. -
Quarterly Engagement Quarterly Overview of PM, ES, PM, PL, ES,
Management Review Program Status, others as others as
Review("QMR") Value Realization, necessary necessary
trends, savings
reports, program
improvement,
technology, and
discuss program
adjustments
Statement Bi-Annually Review of PM, ES, AE, PM, BO. ES
Committee milestones per CSM
commercial
agreement, review
budget and fiscal
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DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
(DOPENGOV
matters.
Discuss strategic
direction from
deployment,
alignment of
OpenGov with
Customer's 3-year
roadmap, evaluate
potential shift in
strategy and impact
to relationship
Executive Sponsor Meeting Monthly/ Discuss PM, ES, PM, ES,
Bi-Monthly deployment: plus others plus others
-Strategicimpacts: as as
timing, scope, necessary necessary
process
-Value prop
changes, confusion
- Project specific:
items that need
guidance, support
and/or clarity
Weekly Deployment Updates Weekly Summary of project Project Project
actions against Team+ Team +
project plan. ES(s) ES(s)
Risks and
achievements
highlighted in
addition to asks of
leadership.
. . Commitment to Project Direction and Goals
This SOW is the direction agreed upon by Customer and OpenGov. Transparency of the plan is
paramount for our Customers to attain the value the SOW or any subsequent change order outlines.
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DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
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Should direction of the deployment become disconnected, OpenGov and Customer Project
Managers will outline the gaps as they understand them and communicate the gaps to their
respective Executive Sponsor(s)(or Project Teams)for discussion and resolution.
The communication path for this engagement will be outlined in the kickoff meeting, documenting
both phone numbers and email. The general path is:
OpenGov Project Manager --* Professional Services Sr. Manager / SVP --* OpenGov Executive
Sponsor
Illlflllll; VIII iiia iiia Pirocess
The purpose of this section is to define the escalation process, should it be needed, to support
closing issues that are raised and discussed to move forward with the deployment. OpenGov and
Customer agree to raise concerns and follow the escalation process, resource responsibility, and
documentation.
.1. Process
• Identification of an issue impeding deployment progress.
• Customer or OpenGov Project Manager summarizes the problem statement and impasse.
• Customer and OpenGov Project Managers will outline solution, acceptance or schedule
executive review in accordance with SLA as defined in Section 7 General Project
Assumptions.
• Resolution will be documented and signed off following executive review in accordance
with SLA as defined in Section 7 General Project Assumptions.
. . Escalation Requirements
• OpenGov and Customer Project Managers will summarize the impasse and recommendation
to present at scheduled or ad hoc executive meetings. Unless otherwise noted in this SOW,
Customer Project Manager can approve how hours are used, but not where funding is
required.
• Executive Sponsors attend monthly (or other frequency) executive meetings to review
deployment status, documented issue list, status, and closure summary.
• Steering Committees,where applicable,will be the arbitrator to direction and issue closure.
Unless otherwise noted in this SOW, the Customer Executive Sponsor must approve change
orders that result in additional cost.
• Customer or OpenGov Subject Matter Experts may be requested to provide input to the
issue and assist in closure. Both Customer and OpenGov will make best effort to enable
those Subject Matter Experts to be available and participate.
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Documentation
• Issue Escalation: Problem Statement with clear impact to the deployment and/or
engagement.
• Acceptance Document: Will include any change order(s) or other process adjustments
required and summary of the resolution.
• Notes from project meetings, executive reviews, and Steering Committee meetings, as
appropriate.
eineirall Piro' 111
OpenGov is excited to work with Customer on the implementation of our OpenGov ERP
Cloud. In order to ensure we are able to meet the project timeline and ensure Customer is
successful in this implementation, OpenGov asks that Customer abide by the General
Assumptions detailed in this SOW.
• This SOW is limited to the Implementation of the OpenGov Cloud as defined in the
Project Scope. Any additional services or support will be considered out of scope.
• Customer will commit and provide access to all necessary stakeholders and subject
matter experts, and other key parties whose roles are defined in Section 4.1,
necessary to the successful implementation of the OpenGov ERP Cloud as defined
in this SOW.
• OpenGov will perform the work under this SOW remotely, except for any
project-related activity which OpenGov determines would be best performed at your
facility in the City of Corpus Christi, TX in order to complete its responsibilities
under this SOW. OpenGov will work with Customer to determine which activities will
be performed on-site during the Initiate phase of the project.
• Customer is responsible for internal change management associated with the
purchase of new software.
• Response Protocol
• OpenGov and Customer commit to responding to inquiries, updates, or any
other project-related matters in no more than 10 business days throughout
the course of this project. If Customer is delayed in its response, Customer
acknowledges that: a)the delay may impact the project schedule; and b)any
fees for Professional Services due to OpenGov after such delay shall become
due and OpenGov may invoice Customer for such prepayment.
• As set forth in Section 6.1(e) of the Agreement, if extended delays in
Customer responsiveness are encountered, OpenGov may opt to put the
project into an "On Hold" status, which includes causing OpenGov to stop or
cause to be stopped the Professional Services to be provided to the
Customer, until the Customer has fulfilled its obligations set forth in the On
Hold Notice as described in the Agreement.
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o The Professional Services will be provided during regular business hours
(8am to 6pm Central Time)Monday through Friday(holidays excluded).
• SOW Expiration:
o This SOW is valid for up to 90 days from the Creation Date, or as agreed to in
writing by OpenGov and Customer.
8. Piirolject Scqpe
.1. OpenGov Reporting & Transparency Platform
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OpenGov Cloud based Reporting& Transparency Platform that includes:
Reporting& • Stories
Transparency • Community Feedback
Platform • Reporting
• Dashboards
• Transparency Portal
The tasks listed below are required for OpenGov and Customer to successfully complete the
OpenGov Reporting &Transparency Platform implementation.
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Provisioning OpenGov will provision Customer's OpenGov entity and verify Customer has
Reporting& access to all purchased modules.
Transparency
Platform
OpenGov OpenGov will provide access to OpenGov University online training courses
University intended to teach users on the basics of the Reporting& Transparency
Platform Platform.
Training
Stories and OpenGov will build out an example of a Story:
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Community • One standard story based on available templates in OpenGov.
Feedback
Examples OpenGov will build out an example of a topic in Community Feedback.
Initial Data OpenGov will upload any applicable datasets to the OpenGov Platform.
Migration • Base Budget File
• Historical Budget and Transactions Files, including beginning
balances
• Budget Reference Year data files
OpenGov will accept flat files such as CSV, Text, and/or Excel
8 ,2,2, 1P
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Overview of OpenGov assesses and identifies how best to configure and map data to
Best Practice ensure success based on materials provided by Customer.
Stories and The Implementation Analyst will conduct a review of the examples created.
Community
Feedback
Review
Solution OpenGov will present a solution document to be mutually agreed upon prior to
Document beginning configuration.
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Chart of OpenGov will
Accounts • Review and give feedback on Customer's general ledger chart of
accounts
• Provide a functional build of the proposed OpenGov Chart of
Accounts, and gain sign off on acceptance from Customer.
• Configure OpenGov Chart of Accounts in OpenGov system
OpenGov Reports OpenGov will:
• Set up 3 OpenGov reports(Annual, Budget to Actuals, and
Transactions)
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4, Validatrion
Chart of Once built in OpenGov system, Customer will validate and sign off on
Accounts transformed Chart of Accounts.
Data Customer will validate and sign off on the datasets uploaded as part of the
implementation.
1
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Training Stories OpenGov will review configured story and provide training to Customer on
how to:
• Create new stories
• Update/Maintain current stories
• Publish internally and externally
Training OpenGov will
Community • Present configured Community Feedback site and theme.
Feedback • Provide training to Customer on Community Feedback Functionality
Training OpenGov will review configured OpenGov reports.
OpenGov OpenGov will provide training Customer on report:
Reports • Configuration
• Update/Maintenance
• Publishing internally and externally
Training OpenGov will provide training to Customer on Dashboard:
Dashboards • Configuration
• Update/Maintenance
• Publishing internally and externally
Reporting& OpenGov will review configured Chart of Accounts(COA)and uploaded data.
TransparencyTr OpenGov will provide training to Customer on Platform maintenance:
aining • Users
• Uploading data
• Maintaining COA
Sign Off Customer will sign off that they have:
• Configured Story
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• Configured Community Feedback
• Configured OpenGov reports
• Training has been provided on Stories, Community Feedback,
OpenGov reports, Dashboards
. . OpenGov Budgeting & Planning
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OpenGov Budgeting & Planning Suite, includes:
Budgeting& • Operating Budget
Planning Suite • Workforce Planning
• Capital Improvement Project Budgeting
• Online Budget Book
• Budget Reporting
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The tasks and responsibilities listed below are required for OpenGov and Customer to successfully
complete the OpenGov Budgeting and Planning Suite implementation.
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Documentation Customer to provide OpenGov:
Receipt • Budget export
• Examples of the documentation currently provided to department
• Budget schedule
• Management budget reports example
OpenGov During the initial phase, OpenGov will provide system training to
University administrators. Training will include:
Budget Training • How to create
o a budget
o a proposal
o a worksheet
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o add a line item
o reselect line items
o submit a budget
• Reporting overview
• Stories overview
• Community Feedback Overview
• Workforce Planning Overview
Budget and OpenGov will build out examples of best practices for budgeting solutions:
Workforce
Solution Operating
Examples • 2 budget instances in OpenGov
• 2 proposals for each budget instance(Traditional and OpenGov)
• 3 budget reports
o Operating Budget Development
o Operating Budget Details
o Operating Budget Categories
• 1 budget story for review
Capital
• 1 budget instances in OpenGov
• 2 proposals
• 3 budget reports
o Capital Budget Development
o Capital Budget Details
o Capital Budget Categories
• 1 capital story for review
Workforce Planning Shell
• 4 Standard cost elements
o Wages
o Insurance
o Retirement
o Taxes
Online Budget OpenGov will build out:
Book Examples • Look and feel of Online Budget Book
• Best practice templates for:
o Home Page
o Generic(multi-use)
o Operating
o Department
o Capital
o Capital Project
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2,2,�, 1,,3 s ir P r a c ir i c e s
Overview of 0 penGov assesses and identifies how best to configure and map data to
Best Practice ensure success based on materials provided by Customer.
Budget and The Implementation Analyst will conduct a review of the examples created
Workforce and work with the customer to confirm a budget format on which to move
Solution forward.
Online Budget The Implementation Analyst will conduct review of Online Budget Book
Book Solution templates and work with Customer to confirm format and approach.
Solution OpenGov will present a solution document to be mutually agreed upon prior to
Document beginning configuration.
Configure
Base Budget OpenGov will configure and upload Customer's base budget file into OpenGov.
File
Budget Based on the Review and Confirmation phase OpenGov OpenGov will set up
Configuration Customer's preferred budget format:
Operating
* 1 Budget instance
* Up to 50 Proposals(Department)
* Corresponding worksheets(single, fund, division, or function)
* 1 standard budget Story template
Capital
* 1 Budget instance
* Up to 50 Proposals(Department or Project)
* Corresponding worksheets(single, fund, division, or function)
* 1 standard capital Story template
Based on the review of the Workforce Planning Shell and with the guidance of
the Implementation Analyst, Customer will:
• Buildout remaining cost elements
• Populate position template
* Validate Workforce calculation
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Budget OpenGov will hold working sessions between the Implementation Analyst and
Configuration Customer for the purpose of validating, reviewing, and iterating upon draft
Working budget instances. Session will focus on:
Sessions • Set up
• Structure
• Workflow
• Useraccess
Administrator OpenGov will provide 1, 60-Minute training session(s)to enable Customer's
Budget Budget Administrators to manage and maintain their OpenGov budgets
Management including:
Training • User access
• Approval workflow
• Cloning
• Phases
• Proposal status
Dataset and OpenGov will set up 1 export and dataset view to enable budget reports
View
Configuration
Budget OpenGov will configure up to 8 budget reports to include:
Report(s)
Operating
• Operating Budget Milestones
• Operating Budget Development
• Operating Budget Details
• Operating Budget Categories
Capital
• Capital Budget Development
• Capital Budget Details
• Capital Budget Categories
• Capital Plan Report
Budget OpenGov will provide1, 60-Minute training session(s)to enable Customer to
Exports and own, manage and maintain their OpenGov Budget Data and Reports including:
Reporting • Exports
Training • Dataset views
• Reports
Online Budget OpenGov provide one 60-Minute session for training on the following topics:
Book • Using and copying templates
Administrator • How Datasets and Reports work in Stories
Training • How the Online Budget Book works with Transparency Portal
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• Preparing for updating and ongoing use
Online Budget Once templates are finalized, OpenGov will:
Book • Create one Story shell from templates for
Configuration o Up to 50 departments
o Up to 50 projects
• Create up to 2 reports for use in the Online Budget Book
• Create OpenGov report views and add report tiles to created
templates.
OpenGov will provide up to 10 one-hourworking sessions to answer Customer
questions on Online Budget Book Configuration.
Once trained, Customer will:
• Build out remaining Stories required for Online Budget Book to
include:
o Narrative
o OpenGov Report Views
o Images
o Data not in OpenGov
• Set up additional Online Budget Book stories.
• Create views in Online Budget Book Report(s)
• Add report views to online budget book stories
• Add narrative content to Online Budget Book Stories
• Add any additional content to Online Budget Book Stories
• Make Stories public and Publish Online Budget Book
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Validation of The OpenGov Project Manager and Implementation Analyst will confirm with
Configured Customer's Project Lead that all budget proposals are configured properly
Budgets based on the agreed upon format.
/ 2
Internal Budget OpenGov will provide up to 3, one-day onsite training session(s)to enable
User Training Customer's internal users to understand budgeting requirements.
Sign Off Customer will provide written sign off that all Budgets and Reports have been
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configured based on agreed upon formats.
8.3. Financial Integration
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Financial OpenGov will work with Customer's IT Staff and Project Team to set up a one
Integration way data integration from Lawson to OpenGov
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The tasks listed below are required for OpenGov and Customer to successfully complete the
Financial Integrations with OpenGov.
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Solution Review OpenGov will review the proposed solution with Customer
• Functionalities to be Integrated
• Actuals(Revenue and Expenses)
• Budget
• Integration Approach
o SFTP(File Transfer)
• OpenGov Assumes:
• The data will be linked to the Customer's COA.
• Integration is unidirectional from the Customer's accounting
software into OpenGov.
Data Files Customer will provide the data in the required format associated with the
[SFTP] functionalities
• Data Files for Historical Years
• Data Files for Current Year
• Automate the file transfers into the OpenGov SFTP location
Data Analysis OpenGov will perform the data analysis
* To align with the required functionalities
* To align with the COA
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2, Configuratrion
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Integration OpenGov will perform the following
Setup * SFTP Setup
• Sample File Format
• OpenGov Assumes:
• OpenGov will require assistance from Customer to understand
source system specific customizations and configurations
when building the data extract.When OpenGov is not able to
access or extract data as per requirements, Customer should
provide the data files in CSV format into OpenGov SFTP
Location.
• When the source accounting software is hosted by a third
party vendor on behalf of Customer, Customer is responsible
for brokering OpenGov's access to Customer's data residing at
the vendor's premises in accordance with OpenGov's data
formatting requirements.
Configuration OpenGov will perform the Configuration to
and Testing * Extract, Transform(when required)and Load the data
* Build Reports for the required functionalities
* Initial validation of data
3,2,3, Validatrion
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Data Validation OpenGov team to work with Customer to
• Validate the historical data
• Validate the current year data
• OpenGov Assumes:
• Customer will provide data to validate against(PDF export).
Data should be received prior to the start of the integration.
• OpenGov will perform the validation for data accuracy for the
Integration, working jointly with Customer team to approve
the Financial Integration data.
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3,2A Deploy
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Deployment and 0penGov will perform the Configuration to
Wrap Up • Schedule the current year data load
• Provide training to the administrators
• Monitor the data load
Sign Off Customer will complete OpenGov-provided sign off document acknowledging
• Accuracy of the data for historical years and current year associated
with the functionalities
• Accuracy Reports associated with the functionalities
• Training was provided on the Integration Functionalities
9. Accqptaince
.1. Acceptance Process
All Deliverables require acceptance from the Customer Project Manager(s) following the
completion of Deliverables and upon Project Closure. Customer is responsible for conducting any
additional review or testing of such Deliverable pursuant to any applicable mutually agreed upon
acceptance criteria agreed upon by the parties for such Deliverable. Upon completion of these
phases, the OpenGov Project Manager shall notify the Customer Project Manager(s)and provide the
necessary documents for review and sign off.
The following process will be used for accepting or acknowledging Deliverables and Project
Closure:
• OpenGov shall submit the completed Deliverables to Customer to review or test against the
applicable acceptance criteria. Customer shall notify OpenGov promptly of its acceptance
or rejection in accordance with the agreed upon acceptance criteria.
• Customer must accept all Deliverables that meet the applicable acceptance criteria.
OpenGov Project Manager will provide the Customer Project Manager with the OpenGov
Acceptance form to sign off on the Deliverable and project. Once all Deliverables required
to meet a particular phase have been accepted or are deemed accepted, the phase shall be
deemed complete.
• Upon completion of the phase or project, OpenGov allows Customer 10 business days to
communicate that the particular Deliverable(s) does not meet Customer's requirements.
Failure to communicate that the particular Deliverable(s) does not meet Customer's
requirements will be deemed as acceptance and any further work provided to remedy
Customer's complaint might incur additional cost.
• Customer shall provide to OpenGov a written notice detailing the reasons for rejection and
the nature of the failure to meet the acceptance criteria. OpenGov shall make best effort to
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revise the non-conforming Deliverable(s)to meet the acceptance criteria and re-submit it
to Customer for further review and testing.
• If the acceptance form is not received in accordance with Section 7 General Project
Assumptions, the project phase and/or project will be considered accepted and
automatically closed.
Acceptance Requirements
• All acceptance milestones and associated review periods will be tracked on the project
plan.
• The Customer Project Manager will have decision authority to approve/reject all project
Deliverables, Phase Acceptance and Project Acceptance.
• Any open issues shall receive a response in accordance with Section 7 General
Assumptions of this SOW following the Validation Acceptance review, or as mutually agreed
upon between the parties, for resolution prior to advancing on in the project.
• Both OpenGov and Customer recognize that failure to complete tasks and respond to open
issues may have a negative impact on the project.
• For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources
to expedite completion of tasks to prevent negatively impacting the project.
' . Change lMainageiiineint
This SOW and related efforts are based on the information provided and gathered by OpenGov.
Customer acknowledges that changes to the scope may require additional effort or time, resulting
in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and
OpenGov, and documented as such via a:
• Change Order - Work that is added to or deleted from the original scope of this SOW.
Depending on the magnitude of the change, it may or may not alter the original contract
amount or completion date and be paid for by Customer. Changes might include:
• Timeline for completion
• Sign off process
• Cost of change and Invoice timing
• Signed by OpenGov and Customer Executives approving funds.
Change documentation will be mutually agreed upon as defined in Section 7 General Assumptions
of this SOW. Should that not occur, the change will be added to the next Executive Sponsor agenda
for closure.
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Example of changes that might arise during a deployment:
• Amending the SOW to correct an error.
• Extension of work as the complexity identified exceeds what was expected by Customer or
OpenGov.
• Change in type of OpenGov resources to support the SOW.
riiiravell
All Travel and Lodging expenses will be approved in advance in writing by the Customer Project
Manager prior to OpenGov incurring any such expenses and booking non-refundable travel
expenses. Such expenses shall be in compliance with Customer's travel and expense guidelines
provided to OpenGov.
Unless otherwise agreed to by the parties, such travel and expenses shall not exceed $10,000 for
the work specified in this SOW. If additional travel is needed as per discussion with the Customer, it
will be mutually agreed upon and be billed as incurred.
CacuSigned by:
11/9/2022
D6229�77FA24Et..
OpenGov Date Ord. 032923 Authorized By
DocuSigned by:
12/9/2022 Council 12-6-2022
7 44 564 ..
Jos hron ey,E _sst Director Finance-Procurment Date
City of Corpus Christi +D�
As Approved To Legal Form
DocuSigned by:
DocuSigned
, .1/23/2022
�M81"C'fly'AAheney Date ATTEST:
DocuSigned by:
Rebecca Huerta
City Secretary
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DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
DocuSign Envelope ID:ECBD7335-F4A7-4CB7-97BD-72C1513747656
OPENGOV SOFTWARE SERVICES AGREEMENT
Attachment B: Software Services Agreement
OpenGov Terms and Conditions—Software Services Agreement
(Purchase through an OpenGov Authorized Reseller)
This Software Services Agreement (this "Agreement") is entered into by OpenGov, Inc., a Delaware corporation
with a principal place of business at 6525 Crown Blvd#41340, San Jose, CA 95160 ("OpenGov")and the customer
listed on the signature block below("Customer"), as of the date of last signature below(the"Effective Date").This
Agreement sets forth the terms under which Customer will be permitted to use OpenGov's hosted software services.
1. DEFINITIONS
"Customer Data" means data that is provided by Customer to OpenGov pursuant to this Agreement (for
example, by email or through Customer's software systems of record). Customer Data shall not include any
confidential personally identifiable information.
"Documentation" means the documentation for the Software Services at the Customer Resource Center page
found at https://support.opengov.com.
"Feedback" means suggestions, comments, improvements, ideas, or other feedback or materials regarding
the Software Services provided by Customer to OpenGov, including feedback provided through online developer
community forums.
"Initial Term" means the initial license term specified in number of years on the Order Form, commencing on
the Effective Date.
"Intellectual Property Rights" means all intellectual property rights including all past, present, and future rights
associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights,trademark
and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in
intellectual property of every kind and nature.
"Order Form" means the Reseller Software Services order form that: (a) specifies the Software Services
provided by OpenGov; (b) references this Agreement; and (c) is signed by authorized representatives of both
parties.
"Renewal Term" means each additional renewal period, which shall be for a period of equal duration as the
Initial Term,for which this Agreement is extended pursuant to Section 7.2.
"Reseller" means the channel partner authorized to resell the Software Services.
2. SOFTWARE SERVICES, SUPPORT AND PROFESSIONAL SERVICES
2.1 Software Services. Subject to the terms and conditions of this Agreement, OpenGov will use commercially
reasonable efforts to perform the software services identified in the applicable Order Form entered into by OpenGov
and Customer("Software Services").
2.2 Support & Service Levels. Customer support is available by email to support@opengov.com or by using the
chat messaging functionality of the Software Services, both of which are available during OpenGov's standard
business hours. Customer may report issues any time. However, OpenGov will address issues during business
hours. OpenGov will provide supportfor the Software Services in accordancewith the Supportand Software Service
Levels found at https://opengov.com/service-sla, as long as Customer is entitled to receive support under the
applicable Order Form and this Agreement.
2.3 Professional Services.
(a) If Reseller or its authorized independent contractors provides professional services to Customer, such as
implementation services,then these professional services will be described in a statement of work ("SOW")agreed
to by the parties (the"Professional Services"). Unless otherwise specified in the SOW,any pre-paid Professional
Confidential OpenGov
Rev.2018.01_210519_Reseller
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DocuSign Envelope ID:ECBD7335-F4A7-4CB7-97BD-72C15B74765B
OPENGOV SOFTWARE SERVICES AGREEMENT
Services Fees must be utilized within one (1) year from the Effective Date. Any unused pre-paid Professional
Services Fees shall be forfeited.
(b) Unless the SOW provides otherwise, all reasonable travel expenses, pre-approved by Customer and
incurred by Reseller in performing the professional services will be reimbursed by Customer. Travel expenses
include cost of coach airfare travel round trip from the individual's location to Customer's location, reasonable hotel
accommodations, ground transportation and meals.
3. RESTRICTIONS AND RESPONSIBILITIES
3.1 Restrictions. Customer may not use the Software Services in any manner or for any purpose other than as
expressly permitted by the Agreement. Customer shall not, and shall not permit or enable any third party to: (a)
use or access any of the Software Services to build a competitive product or service; (b) modify, disassemble,
decompile, reverse engineer or otherwise make any derivative use of the Software Services (except to the extent
applicable laws specifically prohibit such restriction); (c) sell, license, rent, lease, assign, distribute, display, host,
disclose, outsource, copy or otherwise commercially exploit the Software Services; (d) perform or disclose any
benchmarking or performance testing of the Software Services; (e) remove any proprietary notices included with
the Software Services; (f) use the Software Services in violation of applicable law; or (g) transfer any confidential
personally identifiable information to OpenGov or the Software Services platform.
3.2 Responsibilities. Customer shall be responsible for obtaining and maintaining computers and third party
software systems of record (such as Customer's ERP systems) needed to connect to, access or otherwise use the
Software Services. Customer also shall be responsible for: (a) ensuring that such equipment is compatible with the
Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) all
uses of Customer user accounts by any party other than OpenGov.
4. INTELLECTUAL PROPERTY RIGHTS; LICENSE GRANTS; ACCESS TO CUSTOMER DATA
4.1 Software Services. OpenGov retains all right, title, and interest in the Software Services and all Intellectual
Property Rights in the Software Services. The look and feel of the Software Services, including any custom fonts,
graphics and button icons, are the property of OpenGov and Customer may not copy,imitate,or use them, in whole
or in part, without OpenGov's prior written consent. Subject to Customer's obligations under this Agreement,
OpenGov hereby grants to Customer a non-exclusive, royalty-free license during the Term to use the Software
Services.
4.2 Customer Data. Customer retains all right, title, and interest in the Customer Data and all Intellectual Property
Rights therein. Customer hereby grants to OpenGov a non-exclusive, royalty-free license to, and permit its partners
(which include, without limitation the hosting providers of the Software Services) to, use, store, edit and reformat
the Customer Data, and to use Customer Data for purposes of sales, marketing, business development, product
enhancement, customer service, or for analyzing such data and publicly disclosing such analysis ("Insights"),
provided that in all such uses Customer Data is rendered anonymous such that Customer is no longer identifiable.
4.3 Access to Customer Data. Customer may download the Customer Data from the Software Services at any
time during the Term, other than during routine software maintenance periods.OpenGov has no obligation to return
Customer Data to Customer.
4.4 Feedback. Customer hereby grants to OpenGov a non-exclusive, royalty-free, irrevocable, perpetual,
worldwide license to use and incorporate into the Software Services and Documentation Customer's Feedback.
OpenGov will exclusively own any improvements or modifications to the Software Services and Documentation
based on or derived from any of Customer's Feedback including all Intellectual Property Rights in and to the
improvements and modifications.
5. CONFIDENTIALITY
5.1 Each party (the"Receiving Party") agrees not to disclose any Confidential Information of the other party (the
"Disclosing Party")without the Disclosing Party's prior written consent, except as provided below. The Receiving
Party further agrees: (a) to use and disclose the Confidential Information only in connection with this Agreement;
and (b)to protect such Confidential Information using the measures that Receiving Party employs with respect to
its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding
Confidential OpenGov
Rev.2018.01_210519_Reseller
DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
DocuSign Envelope ID:ECBD7335-F4A7-4CB7-97BD-72C15B74765B
OPENGOV SOFTWARE SERVICES AGREEMENT
the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order,
provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is
given to the Disclosing Party.
5.2 "Confidential Information" means all confidential business, technical, and financial information of the
disclosing party that is marked as "Confidential" or an equivalent designation or that should reasonably be
understood to be confidential given the nature of the information and/or the circumstances surrounding the
disclosure (including the terms of the applicable Software Agreement). OpenGov's Confidential Information
includes,without limitation, the software underlying the Software Services and all Documentation.
5.3 Notwithstanding the foregoing, "Confidential Information" does not include: (a) "Public Data," which is data
that the Customer has previously released to the public, would be required to release to the public, upon request,
according to applicable federal, state, or local public records laws, or Customer requests OpenGov make available
to the public in conjunction with the Software Services. Confidential Information does not include (b) information
that has become publicly known through no breach by the receiving party;(c)information that was rightfully received
by the Receiving Party from a third party without restriction on use or disclosure; or(d) information independently
developed by the Receiving Party without access to the Disclosing Party's Confidential Information.
6. PAYMENT OF FEES
6.1 Fees; Invoicing; Payment; Expenses.
(a) Fees. The fees for the Software Services for the Initial Term and any Renewal Term("Software Services
Fees") and the fees for Professional Services ("Professional Services Fees") are set forth in the applicable Order
Form. Software Services Fees and Professional Services Fees shall hereafter be referred to as"Fees". Except to
the extent otherwise expressly stated in this Agreement or in an Order Form,(i) all obligations to pay Fees are non-
cancelable and all payments are non-refundable, (ii) Customer must pay all Fees due under all Order Forms and
SOW within thirty (30) days after Customer receives each invoice (invoices are deemed received when OpenGov
emails them to Customer's designated billing contact); (iii) the Software Service Fee shall be due annually in
advance, and (iv) Customer must make all payments without setoffs, withholdings or deductions of any kind.
(b) Annual Software Maintenance Price Adjustment. The Fees payable for the Software Services during any
Renewal Term shall increase by 5%each year of the Renewal Term.
(c) Invoicing and Payment. Reseller will invoice the Customer according to the Billing Frequency listed on the
Order Form. Customer shall pay all invoices according to the Payment Terms listed on the Order Form.
(d) Travel Expenses. Unless the SOW provides otherwise, Reseller will invoice Customer for travel expenses,
pre-approved by the Customer, incurred in connection with each SOW as they are incurred. Customer shall pay all
such valid invoices within thirty (30) days of receipt of invoice. Each invoice shall include receipts for the travel
expenses listed on the invoice.
(e) Customer Delays; On Hold Fee.
I. On Hold Notice. Excluding delays caused by Force Majeure as described in Section 10.5, if
OpenGov determines that Customer's personnel or contractors are not completing Customer's responsibilities
described in the applicable SOW timely or accurately, OpenGov shall promptly, but in no event more than
thirty (30) days from the date of such determination deliver to Customer a notice (an "On Hold Notice") that
(A)designates the Professional Services to be provided to the Customer as"On Hold", (B)detail Customer's
obligations and responsibilities necessary for OpenGov to continue performing the Professional Services, and
(C) specify the Customer shall be invoiced for lost time in production (e.g. delayed or lost revenue resulting
from rescheduling work on other projects, delay in receiving milestone payments from Customer, equipment,
hosting providers and human resources idle)for a fee equal to 10%of the first year Software Service Fee(the
"On Hold Fee').
Confidential OpenGov
Rev.2018.01_210519 Reseller
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OPENGOV SOFTWARE SERVICES AGREEMENT
Il. Effects of On Hold Notice. Upon issuing an On Hold Notice,OpenGov shall be entitled,without
penalty, to(A) reallocate resources otherwise reserved for the performance of the Professional Services, and
(B)stop or caused to be stopped the Professional Services to be provided to the Customer until the Customer
has fulfilled its obligations as set forth in the On Hold Notice. OpenGov shall remove the"On Hold"status, only
upon Customer's fulfillment of its obligations set out in the On Hold Notice, including payment of the On Hold
Fee. Upon Customer's fulfillment of its obligations in the On Hold Notice,OpenGov may, in its sole discretion,
extend the timeline to complete certain Professional Services up to six(6)weeks,depending on the availability
of qualified team resources (OpenGov cannot guarantee that these team resources will be the same as those
who were working on the project prior to it being placed On Hold). OpenGov shall bear no liability or otherwise
be responsible for delays in the provision of the Professional Services occasioned by Customer's failure to
complete Customer's responsibilities or adhere to a Customer schedule which were brought to the attention
of the Customer on a timely basis, unless such delays result, directly or indirectly from the failure of OpenGov
or its authorized independent contractors to perform the Professional Services in accordance with this
Agreement or applicable SOW.
6.2 Taxes.All Fees under this Agreement are exclusive of any applicable sales, value-added, use or other taxes
("Sales Taxes"). Customer is solely responsible for any and all Sales Taxes, not including taxes based solely on
OpenGov's net income. If any Sales Taxes related to the Fees under this Agreement are found at any time to be
payable, the amount may be billed by Reseller to, and shall be paid by, Customer. If Customer fails to pay any
Sales Taxes, then Customer will be liable for any related penalties or interest. In the event Customer or the
transactions contemplated by the Agreement are exempt from Sales Taxes, Customer agrees to provide Reseller,
as evidence of such tax exempt status, proper exemption certificates or other documentation acceptable to
OpenGov.
7. TERM&TERMINATION
7.1 Term. Subject to compliance with all terms and conditions, the term of this Agreement shall commence on the
Effective Date and shall continue until the Subscription End Date specified on the Order Form (the"Initial Term").
7.2 Renewal. This Agreement shall automatically renew for another period of the same duration as the Initial Term
(the"Renewal Term" and together with the Initial Term, the"Term"), unless either party notifies the other party of
its intent not to renew this Agreement in writing no less than thirty (30) days before the end of the Initial Term.
7.3 Termination. Neither party shall have the right to terminate this Agreement without a legally valid cause. If
either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days
after notice by the non-breaching party (ten (10) days in the case of non-payment), the non-breaching party may
terminate this Agreement.
7.4 Effect of Termination.
(a) In General. Upon termination pursuant to Section 7.3 or expiration of this Agreement pursuant to Section
7.1: (a)Customer shall pay in full for all Software Services and Professional Services performed up to and including
the effective date of termination or expiration, (b) all Software Services provided to Customer hereunder shall
immediately terminate; and (c) each party shall return to the other party or, at the other party's option, destroy all
Confidential Information of the other party in its possession.
(b) Deletion of Customer Data. Unless otherwise requested pursuant to this Section 7.4(b), upon the
expiration or termination of this Agreement the Customer Data, excluding any Insights, shall be deleted pursuant to
OpenGov's standard data deletion and retention practices. Upon written request, Customer may request deletion
of Customer Data, excluding any Insights, prior to the date of termination or expiration of this Agreement. Such
request must be addressed to "OpenGov Vice President, Customer Success" at OpenGov's address for notice
described at Section 10.
7.5 Survival. The following sections of this Agreement shall survive termination: Section 5(Confidentiality), Section
6 (Payment of Fees), Section 7.4(b) (Deletion of Customer Data), Section 8.3 (Warranty Disclaimer), Section 9
(Limitation of Liability)and Section 10 (Miscellaneous).
8. REPRESENTATIONS AND WARRANTIES; DISCLAIMER
Confidential OpenGov
Rev.2018.01_210519 Reseller
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OPENGOV SOFTWARE SERVICES AGREEMENT
8.1 By OpenGov.
(a) General Warranty. OpenGov represents and warrants that it has all right and authority necessary to enter
into and perform this Agreement.
(b) Software Services Warranty. OpenGov further represents and warrants that for a period of ninety (90)
days, the Software Services will perform in all material respects in accordance with the Documentation. The
foregoing warranty does not apply to any Software Services that have been used in a manner other than as set
forth in the Documentation and authorized under this Agreement. OpenGov does not warrant that the Software
Services will be uninterrupted or error-free. Any claim submitted under this Section 8.1(b) must be submitted in
writing to OpenGov during the Term. OpenGov's entire liability for any breach of the foregoing warranty is to repair
or replace any nonconforming Software Services so that the affected portion of the Software Services operates as
warranted or, if OpenGov is unable to do so, terminate the license for such Software Services and refund the pre-
paid, unused portion of the Fee for such Software Services.
8.2 By Customer. Customer represents and warrants that (i) it has all right and authority necessary to enter into
and perform this Agreement; and (ii) OpenGov's use of the Customer Data pursuant to this Agreement will not
infringe,violate or misappropriate the Intellectual Property Rights of any third party.
8.3 Disclaimer. OPENGOV DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT
MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION
8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND OPENGOV DISCLAIMS ALL OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY
9.1 By Type. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES,
CONTRACTORS OR EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT
MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER
THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY
INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR
ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
9.2 By Amount. IN NO EVENT SHALL EITHER PARTY'S AND RESELLER'S AGGREGATE, CUMULATIVE
LIABILITY FOR ANY CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT EXCEED
THE FEES PAID BY CUSTOMER TO RESELLER (OR, IN THE CASE OF CUSTOMER, PAYABLE) FOR THE
SOFTWARE SERVICES UNDER THIS AGREEMENT IN THE 12 MONTHS PRIOR TO THE ACT THAT GAVE
RISE TO THE LIABILITY.
9.3 Limitation of Liability Exclusions. The limitations of liability set forth in Sections 9.1 and 9.2 above do not apply
to, and each party accepts liability to the other for: (a) claims based on either party's intentional breach of its
obligations set forth in Section 5(Confidentiality), (b)claims arising out of fraud or willful misconduct by either party
and (c)either party's unauthorized use, distribution, or disclosure of the other party's intellectual property.
9.4 No Limitation of Liability by Law. Because some jurisdictions do not allow liability or damages to be limited to
the extent set forth above, some of the above limitations may not apply to Customer.
10. MISCELLANEOUS
10.1 Logo Use. OpenGov shall have the right to use and display Customer's logos and trade names for marketing
and promotional purposes in connection with OpenGov's website and marketing materials, subject to Customer's
trademark usage guidelines provided to OpenGov.
10.2 Notice. Ordinary day-to-day operational communications may be conducted by email, live chat or telephone
communications. However, for notices, including legal notices, required by the Agreement (in Sections where the
word "notice" appears)the parties must communicate more formally in a writing given by personal delivery, by pre-
Confidential OpenGov
Rev.2018.01_210519_Reseller
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OPENGOV SOFTWARE SERVICES AGREEMENT
paid first-class mail or by overnight courier to the address specified in the most recent Order Form (or such other
address as may be specified in writing in accordance with this Section).
10.3 Anti-corruption. OpenGov and Reseller has not offered or provided any bribe, kickback, illegal or improper
payment, gift, or thing of value to any Customer personnel in connection with the Agreement,other than reasonable
gifts and entertainment provided Customer in the ordinary course of business. If OpenGov become aware of any
violation of the above restriction then OpenGov shall promptly notify Customer.
10.4 Injunctive Relief. The parties acknowledge that any breach of the confidentiality provisions or the unauthorized
use of a party's intellectual property may result in serious and irreparable injury to the aggrieved party for which
damages may not adequately compensate the aggrieved party. The parties agree, therefore, that, in addition to
any other remedy that the aggrieved party may have, it shall be entitled to seek equitable injunctive relief without
being required to post a bond or other surety or to prove either actual damages or that damages would be an
inadequate remedy.
10.5 Force Majeure. Neither party shall be held responsible or liable for any losses arising out of any delay or failure
in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of
governmental authority, or due to war, riot, labor difficulty,failure of performance by any third-party service, utilities,
or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from
performing.
10.6 Severability; Waiver. 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. Any express waiver or failure to exercise promptly any right under this Agreement
will not create a continuing waiver or any expectation of non-enforcement. There are no third-party beneficiaries to
this Agreement.
10.7 Assignment. Except as set forth in this Section, neither party shall assign, delegate, or otherwise transfer this
Agreement or any of its rights or obligations to a third party without the other party's prior written consent, which
consent shall not be unreasonably withheld,conditioned,or delayed. Either party may assign,without such consent
but upon written notice, its rights and obligations under this Agreement to: (i)its corporate affiliate; or(ii) any entity
that acquires all or substantially all of its capital stock or its assets related to this Agreement, through purchase,
merger, consolidation, or otherwise. Any other attempted assignment shall be void. This Agreement shall inure to
the benefit of and bind each party's permitted assigns and successors.
10.8 Independent Contractors. No agency, partnership,joint venture, or employment is created as a result of this
Agreement and neither party has any authority of any kind to bind the other party in any respect.
10.9 Attorneys' Fees. In any action or proceeding to enforce rights under this Agreement, the prevailing party will
be entitled to recover costs and attorneys'fees.
10.10 Complete Agreement. 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. No modification of this Agreement will be binding,
unless in writing and signed by an authorized representative of each party.
[SIGNATURE PAGE TO FOLLOW]
Confidential OpenGov
Rev.2018.01_210519_Re seller
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DocuSign Envelope ID:ECBD7335-F4A7-4CB7-97BD-72C15B74765B
OPENGOV SOFTWARE SERVICES AGREEMENT
Signatures
Customer: City of Corpus Cristi, TX OPENGov,INC.
DocuSigned by: DocuSigned by:
Signature: Signature:
josh°sC ronleWaranya Simeck
Name: y Name:
Title: AD of Finance & Procurement Title: Head of Finance
Date: 12/9/2022 Date: 10/28/2022
[SIGNATURE PAGE TO OPENGOV SOFTWARE SERVICES AGREEMENT]
Confidential OpenGov
Rev.2018.01_210519_Reseller
DocuSign Envelope ID:22D58BE4-5EA7-4FCF-94B3-CF7256FEAECD
Attachment C: Insurance Requirements
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this contract until all insurance required has
been obtained_and such insurance has been approved by the City. Contractor must
not allow any subcontractor, to commence work until all similar insurance required of
any subcontractor has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1 ) copy
of Certificates of Insurance with applicable policy endorsements showing the following
minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation endorsement is
required on all applicable policies. Endorsements must be provided with Certificate of
Insurance. Project name and/or number must be listed in Description Box of Certificate
of Insurance.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
30-day advance written notice of Bodily Injury and Property Damage
cancellation, non-renewal, material Per occurrence - aggregate
change or termination required on all
certificates and policies.
ERRORS & OMISSIONS $1 ,000,000 Per Occurrence
$1 ,000,000 Aggregate
CYBER LIABILITY $1 ,000,000 Per Occurrence
$1 ,000,000 Aggregate
COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence
including: $1,000,000 Aggregate
1 . Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
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WORKERS' COMPENSATION Statutory and complies with Part II
(All States Endorsement if Company is of this
not Exhibit.
domiciled in Texas)
Employers Liability $500,000/$500,000/$500,000
C. In the event of accidents of any kind related to this contract, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in statutory amounts according to
the Texas Department of Insurance, Division of Workers' Compensation. An All States
Endorsement shall be required if Contractor is not domiciled in the State of Texas.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit renewal certificates of insurance throughout the
term of this contract and any extensions within 10 days of the policy expiration dates.
All notices under this Exhibit shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that, with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, and volunteers, as additional insureds
by endorsement with regard to operations, completed operations, and activities of or
on behalf of the named insured performed under contract with the City, with the
exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
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• Provide thirty (30) calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than ten (10) calendar days advance written notice for nonpayment of premium.
E. Within five (5) calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to suspend
Contractor's performance should there be a lapse in coverage at any time during this
contract. Failure to provide and to maintain the required insurance shall constitute a
material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to stop work hereunder,
and/or withhold any payment(s) which become due to Contractor hereunder until
Contractor demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this contract.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this contract.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this contract.
2022 Insurance Requirements Exhibit
IT Contracts - Professional Service Deployment Hours
10/19/2022 Risk Management - Legal Dept.