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GoGov Inc - FY2021-014 OGOGov Order Form 12020 City of Rancho Palos Verdes, CA Citizen Request Management (CRM), Cityworks Integration (Cityworks), Community Development Integration (CommunityDevelopment) August 3, 2020 Prepared By: Prepared For: Kevin Strauss, Director of Sales Lukasz Buchwald (631) 861-5812 IT Manager Kevin@GoGovApps.corn lbuchwald@rpvca.gov Page 1 of 4 OGOGov Order Form I 2020 Subscriptions Et Services Description Amount GORequest $1,000 Citizen Request Management (CRM) - Unlimited Subscription /month Community Development $200 Integration to City's Community Development System /month Cityworks $200 Integration to City's Cityworks System /month Services: $0 Annually: $16,800 Monthly Total: $1,400 Order Details Primary Contact Contact Name: Lukasz Buchwald Phone: (310) 544-5311 I Title: IT Manager Email: lbuchwald@rovca.gov Billing Information Contact Name: Phone: Quote Month: Email: PO#: (Optional) Cycle: Annual Billing Billing Practices: GOGovApps will send renewal quotes for budgeting purposes at the beginning of the Quote Month specified. Invoices are sent 45 to 60 days prior to subscription renewal and are due prior to the start of the Subscription Period. To align billing with budget cycles, extend Initial Subscription Period to include extra months and we will send an initial invoice for the extra prorated months and then a second invoice for the remainder of the Initial Subscription Period. Contract Information Initial Subscription Period: 12 months starting: Replacing Contracts: If replacing existing agreement provide contract #or description Fs date. Contract#: (Internal) Page 2 of 4 0 GO Gov Order Form 12020 Terms & Conditions The following terms are the latest version of the GOGovApps Master Terms Et Conditions that is maintained and updated. No part of these terms may be modified other than the"Special Terms&t Exceptions"section. 1. IMPORTANT NOTICE TO USER: GOGov, Inc. (dba "GOGovApps") owns all intellectual property in the software products listed in the Products and Services section(collectively"Software"or"Subscription Services")in the Order Form. Customer shall not modify,adapt, translate, rent, lease or otherwise attempt to discover the Software source code. The following terms and conditions(this"Agreement")will be effective as of the date of last signature of the Order Form("Effective Date")and will be governed by the laws in force in the State of New York. 2. Software License. The Software subscription services and the accompanying files, software updates, lists and documentation are licensed, not sold, to you. You may use a copy of the Software on your compatible computer for the purpose of connecting to the hosted service provided by GOGovApps as long as you are a current subscriber and maintain your annual continued services for the applicable licenses. Except as expressly set forth herein,GOGovApps disclaims any and all express and implied warranties, including but not limited to warranties of merchantability and fitness for a particular purpose. 3. Continued Services 3.1 Hosting. GOGovApps agrees to maintain Customer data in a secure datacenter and is committed to providing 99.5% uptime and availability. GOGovApps will perform nightly backups of your hosted data to an alternate physical location. 3.2 Ownership of Data. All hosted data specific to Customer is owned by the Customer. Within thirty(30)calendar days following termination of this Agreement, the Customer can request and GOGovApps will provide a complete copy of Customer's data without additional charge through a downloadable zip file provided the customer is current on payments. 4. Payment Terms& Fees 4.1 Subscription Term and Termination. The initial Subscription Term of this Agreement begins on Effective Date (last signature)and will continue to the end of the Initial Subscription Period listed in the Order Form. At the end of the initial Subscription Term,Customer's subscription and this Agreement will renew for an additional twelve(12)month term and for subsequent twelve (12) month periods thereafter. To stop the auto-renewal listed in the foregoing sentence, Customer must submit written notice to GOGovApps at Billing@GOGovApps.com not less than sixty (60) calendar days prior to the end of the then-current Term. GOGovApps reserves the right to increase the annual fees by 7%on the anniversary date of each annual term. 4.2 Payment Terms. Initial payment is due at the beginning of the subscription term. Each subsequent annual billing will be due on the anniversary date of the initial term. Payment Terms are NET 30 Days from the invoice date. 4.3 Taxes&Obligations. In exchange for its use of the Subscribed Services,Customer will pay to GOGovApps the amounts indicated in the Order. Said amounts are based on services purchased and not actual usage; payment obligations are non-cancelable and fees paid are non-refundable, except as otherwise specifically-provided herein. Unless otherwise stated, such fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction("Taxes"). Customer is responsible for paying all Taxes associated with its purchases hereunder. If GOGovApps has the legal obligation to pay or collect Taxes for which Customer is responsible, the appropriate amount will be invoiced to and paid by Customer, unless GOGovApps is provided with a valid tax exemption certificate authorized by the appropriate taxing authority. GOGovApps is solely responsible for taxes assessable against it based on its income, property and employees. 4.4 On-Site Services&Expenses. Should on-site services requiring travel by GOGovApps staff be requested by Customer, GOGovApps will provide on-site service at GOGovApps's then-current time-and-materials rates. In addition to these charges, Customer will compensate GOGovApps for associated airfare, lodging, rental transportation, meals and other incidental expenses as such expenses accrue and will be billed at cost and invoiced separately. 5. Limitation of Liability. GOGovApps will, at all times during the Agreement, maintain appropriate insurance coverage. In no event will GOGovApps's cumulative liability for any general, incidental, special, compensatory, or punitive damages whatsoever suffered by Customer or any other person or entity exceed the fees paid to GOGovApps Page 3 of 4 QGO Gov Order Form 12020 by Customer during the six (6) calendar months immediately preceding the circumstances which give rise to such claim(s)of liability, even if GOGovApps or its agents have been advised of the possibility of such damages. 6. Updating of Terms. Upon each renewal of this Agreement, the latest Master Terms Et Conditions that GOGovApps has published within the software ninety(90)days prior to the renewal date shall replace these terms. Any Special Terms Et Exceptions listed in the original document shall carryover to the renewal terms. We reserve the right to change our Master Terms Et Conditions at any time. If the changes are material,GOGovApps will advise the Customer by email or posting a notice on the site before changes go into effect. If the Customer does not agree to the new terms, Customer may contact Support@GOGovApps.com to have objections considered. 7. Alternate Terms Disclaimed. The parties expressly disclaim any alternate terms and conditions accompanying drafts and/or purchase orders issued by Customer. 8. Special Terms&Exceptions. Section 4.1 - Unless earlier terminated, this Agreement shall continue in full force and effect until 1 year from the date hereof. The parties may extend the term of the Agreement for three additional one-year terms. Either party may terminate the Agreement following sixty(60)days written notice. GOGovApps reserves the right to increase the annual fees by up to 5%following the extension of the term of the Agreement. Section 4.4- Section 4.4 is not applicable to this Agreement. Section 5 - GOGovApps will, at all times during the Agreement, maintain appropriate insurance coverage. In no event will GOGovApps's cumulative liability for any general,incidental, special,compensatory,or punitive damages whatsoever suffered by Customer or any other person or entity exceed three times the Annual Fee for the current term of the Agreement, even if GOGovApps or its agents have been advised of the possibility of such damages. GoGovApps agrees to provide to Customer with a thirty (30)day notice of cancellation (except for nonpayment for which a ten(10)day notice is required), alteration, or nonrenewal of any aspect of GoGovApps's insurance policies. This Order Form is entered into between Customer and GOGovApps. Customer accepts and agrees to adhere to the Terms and Conditions with this order form, will be referenced as the "Agreement." This Agreement between Customer and GOGovApps, which Customer hereby acknowledges and accepts, constitutes the entire agreement between GOGovApps and Customer governing the Services referenced above. Customer represents that its signatory below has the authority to bind Customer to the terms of this Agreement. GOGov, Inc. City of Rancho Palos Verdes, CA Sign: \ = ` Sign: Name: Daryl Blo - Name: Awk. t`'Ltitt� t�1/T Title: CEO Title: C- -I-` �.,� j4y:r &. Date: gyl$/20 Date: g, \a , z?-0 Additional Customer Signatures (Optional) Sign: Sign: Name: Name: Title: Title: Date: Date: Page 4 of 4