OPENGOV SOFTWARE AGREEMENT.PDF

OpenGov, Inc.
955 Charter Street
Redwood City, CA 94063
United States
Created Date: 6/15/16 Prepared By: Greg Keeney
Expiration Date: 6/30/16 Phone: 650-492-7028
Email: gkeneey@opengov.com
Contract Dates: Effective: 6/22/16
Ends on: 6/30/19
Customer Information
Contact Name David Stevens Bill To Name County of Maricopa, AZ
Phone 602-506-35561 Bill To 301 S 4th Ave, Suite 200
Email StevensD@mail.maricopa.gov Phoenix, Arizona 85003
United States
Order Details
Description OpenGov Intelligence™ allows customers to easily create and share internal operational reports,
combining unlimited financial (e.g., general ledger, chart of accounts, current year and month spending,
transactions, and balance sheet) and non-financial data (performance metrics, operational data, census
data, custom financial projections, etc.) from numerous sources to help governments make better
financial decisions and operate more efficiently. OpenGov Intelligence includes the features of OpenGov
Transparency, allowing multiple years of financial and non-financial data to be accessible by citizens
through an online portal.
OpenGov Opendata and OpenGov Performance Dashboards will enable non-financial data publishing for
external consumption and performance reporting for internal consumption. OpenGov will enable The
Office of Enterprise Technology, and other departments (under the direction and guidance of CIO), to
publish datasets in a variety of formats using our Managed CKAN-as-a-Platform. OpenGov will work with
The Office of Enterprise Technology to create performance dashboards for non- financial data
visualization from a select group of systems managed by departments. These dashboards will be
designed for internal and/or external use, at the direction of OET.
See Appendix E for detailed statement of work.
Fees
Item Annual Cost Multiplier Total Cost
OpenGov Intelligence $100,510 3 $301,530
User Licenses -­‐ 205 User, 17 Admin, Unlimited Elected Official $24,960 3 $74,880
Implementation Fee -­‐ OpenGov Intelligence Year One Only 1 $4,900
Implementation Fee -­‐ Integration for Grid Reports Year One Only 1 $6,000
Hosting Fee -­‐ Managed CKAN $35,988 3 $107,964
Initial Setup -­‐ Analytics as a Service Year One Only 1 $122,976
Annual Recurring Service -­‐ Analytics as a Service $42,912 3 $128,736
Annual Recurring Rate $204,370
Year 1 Cost $338,246
Year 2 Cost $204,370
Year 3 Cost $204,370
Total Cost $746,986
OpenGov
Maricopa County

Welcome to OpenGov! Thanks for using our software. This Software Agreement (“Agreement”) is entered into between OpenGov,
Inc., with its principal place of business at 955 Charter Street, Redwood City, 94063 (“OpenGov”), and you, the entity identified
above (“Customer”), as of the Effective Date. This Agreement includes and incorporates the OpenGov Terms and Conditions
attached as Appendix A, B, C, D and E. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to
be legally bound by, the OpenGov Terms and Conditions. Each party’s acceptance of this Agreement is conditional upon the
other’s acceptance of the terms in the Agreement to the exclusion of all other terms.
Signature
Customer OpenGov, Inc.
Signature: Signature:
Name: Name:
Title: Title:
Date: Date:
Terms and Conditions
Appendix A
OpenGov Terms and Conditions
1. SOFTWARE SERVICES
1.1 Subject to the terms and conditions of these OpenGov Terms and Conditions (the “Agreement”), OpenGov will
use commercially reasonable efforts to perform the software services (the “Software Services”) identified in the
applicable Software Agreement entered into by OpenGov and Customer (“Software Agreement”).
1.2 Customer understands that OpenGov’s performance depends on Customer timely providing OpenGov with a copy
of the Customer’s chart of accounts in .csv or .xls format. In addition, Customer agrees to provide OpenGov with five or
more years of general ledger data, also in .csv or .xls format, including budget data for the current year and actual
expense and revenue data for past years. Any dates or time periods relevant to OpenGov’s performance will be
extended appropriately and equitably to reflect any delays caused by Customer’s failure to timely deliver any such
materials. OpenGov shall not be liable for any delays in performance under this Agreement resulting from Customer’s
failure to meet these obligations.
2. RESTRICTIONS AND RESPONSIBILITIES
2.1 This is a contract for access to the Software Services and Customer agrees not to, directly or indirectly: reverse
engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying
structure, ideas, or algorithms of the Software Services, documentation or data related to the Software Services, except
to the extent such a restriction is limited by applicable law; modify, translate, or create derivative works based on the
Software Services; or copy, rent, lease, distribute, assign, sell, or otherwise commercially exploit, transfer, or encumber
rights to the Software Services; or remove any proprietary notices.
2.2 Customer will use the Software Services only in compliance with all applicable laws and regulations (including, but
not limited to, any export restrictions).
2.3 Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect
to, access or otherwise use the Software Services and Customer shall also 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) for all uses of Customer user accounts with or without Customer’s knowledge or consent.
3. OWNERSHIP. OpenGov retains all right, title, and interest in the Software Services and all intellectual property
rights (including all past, present, and future rights associated with works of authorship, including exclusive exploitation
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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) therein.
4. CONFIDENTIALITY. Each party (the “Receiving Party”) agrees not to disclose (except as permitted herein) any
Confidential Information of the other party (the “Disclosing Party”) without the Disclosing Party’s prior written consent.
“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 relating to the Software Services. “Confidential Information”
does not include “Public Data,” which is data that the Customer has previously released or would be required to release
according to applicable federal, state, or local public records laws. The Receiving Party agrees: (i) to use and disclose
the Confidential Information only in connection with this Agreement; and (ii) 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 the foregoing, Confidential Information does not include
information that: (i) has become publicly known through no breach by the receiving party; (ii) was rightfully received by
the receiving party from a third party without restriction on use or disclosure; or (iii) is independently developed by the
Receiving Party without access to such Confidential Information. Notwithstanding 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. DATA LICENSE. Customer grants OpenGov a non-exclusive, transferable, perpetual, worldwide, and royalty-free
license to use any data or information submitted by Customer to OpenGov for the development of new software or the
provision of the Software Services.
6. PAYMENT OF FEES. The fees for the Software Services (“Fees”) are set forth in the applicable Software
Agreement. Customer shall pay all Fees within thirty (30) days after the date of OpenGov’s invoice, which shall be billed
as of the effective date.
7. TERM & TERMINATION
7.1 Subject to compliance with all terms and conditions, the term of this Agreement shall be from the Effective Date
and shall continue until the End date specified on page one (1) of the Agreement. The Customer will be billed according
to the Billing Frequency as specified above. 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 immediately upon notice.
7.2 Upon termination, Customer will pay in full for all Software Services performed up to and including the effective
date of termination. Upon any termination of this Agreement: (a) all Software Services provided to Customer hereunder
shall immediately terminate; and (b) 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.
7.3 All sections of this Agreement which by their nature should survive termination will survive termination, including,
without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
8. WARRANTY AND DISCLAIMER
8.1 OpenGov represents and warrants that: (i) it has all right and authority necessary to enter into and perform this
Agreement; and (ii) the Software Services shall be performed in a professional and workmanlike manner in accordance
with generally prevailing industry standards.
8.2 Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this
Agreement; (ii) it owns all right, title, and interest in and to all data provided to OpenGov for use in and in connection with
this Agreement, or possesses the necessary authorization thereto; and (iii) OpenGov’s use of such materials in
connection with the Software Services will not violate the rights of any third party.
8.3 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 WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
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BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES,
REPRESENTATIVES, CONTRACTORS AND EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT
TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS 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. IN NO EVENT
SHALL EITHER PARTY’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 OPENGOV (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.
10. MISCELLANEOUS. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning set
forth in the applicable Software Agreement. 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. 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 (as provided to OpenGov). 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. This Agreement is not assignable or transferable by either party without the
other party’s prior written consent, provided however that either party may assign this Agreement to a successor to all or
substantially all of its business or assets. This Agreement (including the Software 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, and that all
waivers and modifications must be in a writing signed by both parties. 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. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be
entitled to recover costs and attorneys’ fees. All notices under this Agreement will be in writing and will be deemed to
have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by
facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and
upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the
laws of the State of California without regard to its conflict of laws provisions
Appendix B
OpenGov Service Level Metrics
1. SCHEDULED DOWNTIME. When needed, OpenGov will schedule downtime for routine maintenance or
system upgrades (“Scheduled Downtime”) for its Services. OpenGov shall exercise commercially reasonable efforts to
schedule Scheduled Downtime outside of peak traffic periods. OpenGov will notify Customer’s designated contact at
least twenty-four (24) hours prior to the occurrence of Scheduled Downtime.
2. SYSTEMS ACCESSABILITY WARRANTY.
A. The Services will be accessible 99.9% of the time, 7 days of the week, and 24 hours per day, as calculated
over a calendar month (“Systems Accessibility Warranty”). Such System Accessibility Warranty shall not apply to,
and OpenGov will not be responsible for, any inaccessibility which: 1) results from Scheduled Downtime, including a
maintenance period every Tuesday from 6:00pm Pacific Time to 11:00pm Pacific Time ; 2) results from a failure of
equipment, software or services not under the direct control of OpenGov; 3) results from the failure of communication or
telephone access service or other outside service or equipment not the fault of OpenGov; 4) is caused by a third party
not under OpenGov’ control; or 5) is a result of causes beyond the reasonable control of OpenGov, including any force
majeure event. To the extent solely under OpenGov’ control, OpenGov shall be responsible for monitoring and
maintaining adequate controls over Customer Data transmissions and storage. OpenGov shall be solely responsible for
setting applicable data processing and transmission parameters.
B. If the Services experience Downtime, then as Customer’s sole and exclusive remedy, and OpenGov’ sole and
exclusive financial liability and obligation, Customer is entitled to a Service Level Credit equal as follows:
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Percentage of monthly bill for Services to be
Monthly Uptime Percentage
credited to future monthly bills of Customer
99.00% - < 99.9% 10%
95.00% - < 99.00% 25%
< 95.00% 50%
• “Downtime” means that for a valid request by our external verification service, made on no less than a
minutely basis, results in a server error (HTTP status 5XX or the server response takes 3 or more
minutes).
• “Downtime Period” means a period of fifteen consecutive minutes of Downtime. Intermittent Downtime
for a period of less than fifteen minutes will not be counted towards any Downtime Periods.
• “Monthly Uptime Percentage” means total number of minutes in a month, minus the number of minutes
of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a
month.
C. To receive a Service Level Credit, Customer must submit a written request for Service Level Credits to
Customer’s designated account manager or the OpenGov support team. To be eligible, the request must (i) include the
dates and times of each incident of Downtime experienced by Customer in the preceding month; and (ii) be received by
OpenGov within thirty days after the end of the current monthly period in which the Downtime occurred.
D. Upon receipt of a Service Level Credit request in compliance with the above requirements, OpenGov shall have
30 days to review the request and to validate the information provided. If OpenGov determines in good faith that the
Services failed to meet the Systems Accessibility Warranty as alleged in such a request, then OpenGov will apply such
Service Level Credits to Customer’s next billing period. Customer’s failure to comply with the provisions of Section 2.C.
above will disqualify it from receiving a Service Level Credit.
E. Customers whose accounts are past due, delinquent, and/or not in good standing at any time during the service
month of a given service outage are not eligible for a credit.
APPENDIX C
OpenGov Support Services
1. Support. Customer support is available via email 12 hours per day, Monday through Friday, excluding OpenGov’
corporate designated holidays. See below for a list of holidays observed by OpenGov. Problems may be reported
any time, however, OpenGov will not be obligated to assign work after business hours (9 a.m. to 5 p.m. Pacific
Time).
2. Liaisons. On or before the Activation Date, Customer and OpenGov shall each designate a liaison as a respective
point of contact for technical issues. Each party may change such liaison upon written notice from time to time at
reasonable intervals. OpenGov will not be obligated to provide support to any person other than the Customer’s
designated liaison.
3. Holidays. OpenGov observes the following holidays: New Year’s Day, Presidents Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving Day, Christmas Eve Day, Christmas
Day, and New Year’s Eve.
OpenGov
Maricopa County

APPENDIX D
TO THE SOFTWARE AGREEMENT BETWEEN
OPENGOV, INC. AND MARICOPA COUNTY
1.0 PAYMENTS:
1.1 As consideration for performance of the duties described herein, County shall pay Contractor the
sum(s) stated in OpenGov, Inc. Software Agreement dated April under section titled “Fees.”
1.2 Payment shall be made upon the County’s receipt of a properly completed invoice.
2.0 INVOICES:
2.1 The Contractor shall submit one (1) legible copy of their detailed invoice before payment(s) can
be made. Incomplete invoices will not be processed. At a minimum, the invoice must provide the
following information:
• Company name, address and contact
• County bill-to name and contact information
• Invoice number and date
• Payment terms
• Date of service or delivery
• Quantity (number of days or weeks)
• Contract Item number(s)
• Description of Purchase (product or services)
• Pricing per unit of purchase
• Extended price
• Total Amount Due
2.2 Problems regarding billing or invoicing shall be directed to the using agency as listed on the
contract.
2.2.1 Payment shall be made to the Contractor by Accounts Payable through the Maricopa
County Vendor Express Payment Program. This is an Electronic Funds Transfer (EFT)
process. After Contract Award the Contractor shall complete the Vendor Registration
Form located on the County Department of Finance Vendor Registration Web Site
(http://www.maricopa.gov/Finance/Vendors.aspx).
2.2.2 EFT payments to the routing and account numbers designated by the Contractor will
include the details on the specific invoices that the payment covers. The Contractor is
required to discuss remittance delivery capabilities with their designated financial
institution for access to those details.
2.2.3 The Contractor shall have all rights and remedies available for payment default as set
forth in Arizona Revised Statutes §35-342 and 11-622.
3.0 APPLICABLE TAXES:
3.1 Payment of Taxes: The Contractor shall pay all applicable taxes. With respect to any installation
labor on items that are not attached to real property performed by Contractor under the terms of
this Contract, the installation labor cost and the gross receipts for materials provided shall be listed
separately on the Contractor’s invoices.
3.2 State and Local Transaction Privilege Taxes: Maricopa County is subject to all applicable state
and local transaction privilege taxes. To the extent any state and local transaction privilege taxes
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apply to sales made under the terms of this contract it is the responsibility of the seller to collect
and remit all applicable taxes to the proper taxing jurisdiction of authority.
3.3 Tax Indemnification: Contractor and all subcontractors shall pay all Federal, state, and local taxes
applicable to its operation and any persons employed by the Contractor. Contractor shall, and
require all subcontractors to hold Maricopa County harmless from any responsibility for taxes,
damages and interest, if applicable, contributions required under Federal, and/or state and local
laws and regulations and any other costs including transaction privilege taxes, unemployment
compensation insurance, Social Security and Worker’s Compensation.
4.0 TAX: (SERVICES)
No tax shall be levied against labor. It is the responsibility of the Contractor to determine any and all taxes
and include the same in proposal price.
5.0 AVAILABILITY OF FUNDS:
5.1 The provisions of this Contract relating to payment for services shall become effective when funds
assigned for the purpose of compensating the Contractor as herein provided are actually available
to County for disbursement. The County shall be the sole judge and authority in determining the
availability of funds under this Contract. County shall keep the Contractor fully informed as to the
availability of funds.
5.2 If any action is taken by any state agency, Federal department or any other agency or
instrumentality to suspend, decrease, or terminate its fiscal obligations under, or in connection
with, this Contract, County may amend, suspend, decrease, or terminate its obligations under, or in
connection with, this Contract. In the event of termination, County shall be liable for payment only
for services rendered prior to the effective date of the termination, provided that such services are
performed in accordance with the provisions of this Contract. County shall give written notice of
the effective date of any suspension, amendment, or termination under this Section, at least ten
(10) Days in advance.
6.0 DUTIES:
6.1 The Contractor shall perform all duties stated in the OpenGov, Inc. Software Agreement.
6.2 During the Contract term, County may provide Contractor’s personnel with adequate workspace
for consultants and such other related facilities as may be required by Contractor to carry out its
contractual obligations.
7.0 INDEMNIFICATION:
7.1 To the fullest extent permitted by law, and to the extent that claims, damages, losses or expenses
are not covered and paid by insurance purchased by the Contractor, the Contractor shall defend
indemnify and hold harmless the County (as Owner), its agents, representatives, agents, officers,
directors, officials, and employees from and against all claims, damages, losses, and expenses
(including, but not limited to attorneys' fees, court costs, expert witness fees, and the costs and
attorneys' fees for appellate proceedings) arising out of, or alleged to have resulted from the
Contractor’s, any subcontractor, any one directly or indirectly employed by the Contractor or
anyone for whose acts the Contractor may be liable for negligent acts, errors, omissions, or
mistakes relating to the performance of this Contract.
7.2 Contractor's duty to defend, indemnify, and hold harmless the County, its agents, representatives,
agents, officers, directors, officials, and employees shall arise in connection with any claim,
damage, loss, or expense that is attributable to bodily injury, sickness, disease, death or injury to,
impairment of, or destruction of tangible property, including loss of use resulting there from,
caused by negligent acts, errors, omissions, or mistakes in the performance of this Contract, but
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only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, any
one directly or indirectly employed by them, or anyone for whose acts they may be liable.
7.3 The amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph, however Contractor shall be
limited to the value of the Contract for any liability in this Section 7.0
7.4 The scope of this indemnification does not extend to the sole negligence or willful misconduct of
County or its agents, representatives, officers, directors, officials or employees.
8.0 INSURANCE:
8.1 Contractor, at Contractor’s own expense, shall purchase and maintain the herein stipulated
minimum insurance from a company or companies duly licensed by the State of Arizona and
possessing a current A.M. Best, Inc. rating of B++. In lieu of State of Arizona licensing, the
stipulated insurance may be purchased from a company or companies, which are authorized to do
business in the State of Arizona, provided that said insurance companies meet the approval of
County. The form of any insurance policies and forms must be acceptable to County.
8.2 All insurance required herein shall be maintained in full force and effect until all work or service
required to be performed under the terms of the Contract is satisfactorily completed and formally
accepted. Failure to do so may, at the sole discretion of County, constitute a material breach of this
Contract.
8.3 Contractor’s insurance shall be primary insurance as respects County, and any insurance or self-
insurance maintained by County shall not contribute to it.
8.4 Any failure to comply with the claim reporting provisions of the insurance policies or any breach
of an insurance policy warranty shall not affect the County’s right to coverage afforded under the
insurance policies.
8.5 The insurance policies may provide coverage that contains deductibles or self-insured retentions.
Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage
provided to County under such policies. Contractor shall be solely responsible for the deductible
and/or self-insured retention and County.
8.6 The insurance policies required by this Contract, except Workers’ Compensation and Errors and
Omissions, shall name County, its agents, representatives, officers, directors, officials and
employees as Additional Insureds.
8.7 The policies required hereunder, except Workers’ Compensation and Errors and Omissions, shall
contain a waiver of transfer of rights of recovery (subrogation) against County, its agents,
representatives, officers, directors, officials and employees for any claims arising out of
Contractor’s work or service.
8.8 Commercial General Liability.
Commercial General Liability insurance and, if necessary, Commercial Umbrella insurance with a
limit of not less than $2,000,000 for each occurrence, $3,000,000 Products/Completed Operations
Aggregate, and $3,000,000 General Aggregate Limit. The policy shall include coverage for
premises liability, bodily injury, broad form property damage, personal injury, products and
completed operations and blanket contractual coverage, and shall not contain any provisions
which would serve to limit third party action over claims. There shall be no endorsement or
modifications of the CGL limiting the scope of coverage for liability arising from explosion,
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collapse, or underground property damage.
8.9 Automobile Liability.
Commercial/Business Automobile Liability insurance and, if necessary, Commercial Umbrella
insurance with a combined single limit for bodily injury and property damage of not less than
$1,000,000 each occurrence with respect to any of the Contractor’s owned, hired, and non-owned
vehicles assigned to or used in performance of the Contractor’s work or services or use or
maintenance of the Premises under this Contract.
8.10 Workers’ Compensation.
8.10.1 Workers’ Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor’s employees engaged in the performance of the
work or services under this Contract; and Employer’s Liability insurance of not less than
$1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit.
8.10.2 Contractor, its contractors and its subcontractors waive all rights against Contract and its
agents, officers, directors and employees for recovery of damages to the extent these
damages are covered by the Workers’ Compensation and Employer’s Liability or
commercial umbrella liability insurance obtained by Contractor, its contractors and its
subcontractors pursuant to this Contract.
8.11 Cyber – If a vendor will have an interface or integration with County computer systems.
Policy Limit:
8.11.1 The policy shall be issued with minimum limits of $100,000.
8.11.2 The policy shall include coverage for all directors, officers, agents and employees of the
Contractor.
8.11.3 The policy shall include coverage for third party fidelity.
8.11.4 The policy shall include coverage for theft.
8.11.5 The policy shall contain no requirement for arrest and conviction.
8.11.6 The policy shall cover loss outside the premises of the Named Insured.
8.11.7 The policy shall endorse (Blanket Endorsements are not acceptable) the Department as
Loss Payee as our interest may appear.
8.12 Certificates of Insurance.
8.12.1 Contractor shall furnish the County with valid and complete certificates of insurance, or
formal endorsements as required by the Contract in the form provided by the County,
issued by Contractor’s insurer(s), as evidence that policies providing the required
coverage, conditions and limits required by this Contract are in full force and effect. Such
certificates shall identify this contract number and title.
8.12.2 In the event any insurance policy (ies) required by this contract is (are) written on a
“claims made” basis, coverage shall extend for two years past completion and acceptance
of Contractor’s work or services and as evidenced by annual Certificates of Insurance.
8.12.3 If a policy does expire during the life of the Contract, a renewal certificate must be sent to
County fifteen (15) days prior to the expiration date.
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8.13 Cancellation and Expiration Notice.
Insurance required herein shall not be permitted to expire, be canceled, or materially changed
without thirty (30) days prior written notice to the County.
9.0 FORCE MAJEURE:
9.1 Neither party shall be liable for failure of performance, nor incur any liability to the other party on
account of any loss or damage resulting from any delay or failure to perform all or any part of this
Contract if such delay or failure is caused by events, occurrences, or causes beyond the reasonable
control and without negligence of the parties. Such events, occurrences, or causes will include
Acts of God/Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster),
war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, riots,
rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities,
nationalization, government sanction, lockout, blockage, embargo, labor dispute, strike,
interruption or failure of electricity or telecommunication service.
9.2 Each party, as applicable, shall give the other party notice of its inability to perform and
particulars in reasonable detail of the cause of the inability. Each party must use best efforts to
remedy the situation and remove, as soon as practicable, the cause of its inability to perform or
comply.
9.3 The party asserting Force Majeure as a cause for non-performance shall have the burden of
proving that reasonable steps were taken to minimize delay or damages caused by foreseeable
events, that all non-excused obligations were substantially fulfilled, and that the other party was
timely notified of the likelihood or actual occurrence which would justify such an assertion, so
that other prudent precautions could be contemplated.
9.4 The County shall reserve the right to terminate this Contract and/or any applicable order or
contract release purchase order upon non-performance by Contractor, however Contractor shall be
paid for any conforming work-in-process up to the date of termination. The County shall reserve
the right to extend the Contract and time for performance at its discretion.
10.0 WARRANTY OF SERVICES:
10.1 The Contractor warrants that all services provided hereunder will conform to the requirements of
the Contract, including all descriptions, specifications and attachments made a part of this
Contract. County’s acceptance of services or goods provided by the Contractor shall not relieve
the Contractor from its obligations under this warranty.
10.2 In addition to its other remedies, County may, at the Contractor's expense, require prompt
correction of any services failing to meet the Contractor's warranty herein. Services corrected by
the Contractor shall be subject to all the provisions of this Contract in the manner and to the same
extent as services originally furnished hereunder.
11.0 INSPECTION OF SERVICES:
11.1 County has the right to inspect and test all services called for by the Contract, to the extent
practicable at all times and places during the term of the Contract. County shall perform
inspections and tests in a manner that will not unduly delay the work.
11.2 If any of the services do not conform to Contract requirements, County may require the Contractor
to perform the services again in conformity with Contract requirements, at no cost to the County.
When the defects in services cannot be corrected by re-performance, County may:
11.2.1 Require the Contractor to take necessary action to ensure that future performance
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conforms to Contract requirements; and
11.2.2 Reduce the Contract price to reflect the reduced value of the services performed.
11.2.3 If the Contractor fails to promptly perform the services again or to take the necessary
action to ensure future performance in conformity with Contract requirements, County
may:
11.2.4 By Contract or otherwise, perform the services and charge to the Contractor, through
direct billing or through payment reduction, any reasonable cost incurred by County that
is directly related to the performance of such service; or
11.2.5 Terminate the Contract for default.
12.0 SUSPENSION OF WORK:
The Procurement Officer may order the Contractor, in writing, to suspend, delay, or interrupt all or any part
of the work of this contract for the period of time that the Procurement Officer determines appropriate for
the convenience of the County. No adjustment shall be made under this clause for any suspension, delay, or
interruption to the extent that performance would have been so suspended, delayed, or interrupted by any
other cause, including the fault or negligence of the Contractor. No request for adjustment under this clause
shall be granted unless the claim, in an amount stated, is asserted in writing as soon as practicable after the
termination of the suspension, delay, or interruption, but not later than the date of final payment under the
contract.
13.0 STOP WORK ORDER:
The Procurement Officer may, at any time, by written order to the Contractor, require the Contractor to stop
all, or any part, of the work called for by this contract for a period of 90 days after the order is delivered to
the Contractor, and for any further period to which the parties may agree. The order shall be specifically
identified as a stop work order issued under this clause. Upon receipt of the order, the Contractor shall
immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs
allocable to the work covered by the order during the period of work stoppage. Within a period of 90 days
after a stop-work is delivered to the Contractor, or within any extension of that period to which the parties
shall have agreed, the Procurement Officer shall either—
13.1 Cancel the stop-work order; or
13.2 Terminate the work covered by the order as provided in the Default, or the Termination for
Convenience of the County, clause of this contract.
13.3 The Procurement Officer may make an equitable adjustment in the delivery schedule and/or
contract price, or otherwise, and the contract shall be modified, in writing, accordingly, if the
Contractor demonstrates that the stop work order resulted in an increase in costs to the Contractor.
14.0 UNCONDITIONAL TERMINATION FOR CONVENIENCE:
Maricopa County may terminate the resultant Contract for convenience by providing sixty (60) calendar days
advance notice to the Contractor.
15.0 TERMINATION FOR DEFAULT:
The County may, by written notice of default to the Contractor, terminate this contract in whole or in part if
the Contractor fails to:
15.1 Deliver the supplies or to perform the services within the time specified in this contract or any
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extension;
15.2 Make progress, so as to endanger performance of this contract; or
15.3 Perform any of the other provisions of this contract.
15.4 The County’s right to terminate this contract under these subparagraph may be exercised if the
Contractor does not cure such failure within 20 days (or more if authorized in writing by the
County) after receipt of the notice from the Procurement Officer specifying the failure.
16.0 STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST:
Notice is given that pursuant to A.R.S. § 38-511 the County may cancel any Contract without penalty or
further obligation within three years after execution of the contract, if any person significantly involved in
initiating, negotiating, securing, drafting or creating the contract on behalf of the County is at any time
while the Contract or any extension of the Contract is in effect, an employee or agent of any other party to
the Contract in any capacity or consultant to any other party of the Contract with respect to the subject
matter of the Contract. Additionally, pursuant to A.R.S § 38-511 the County may recoup any fee or
commission paid or due to any person significantly involved in initiating, negotiating, securing, drafting or
creating the contract on behalf of the County from any other party to the contract arising as the result of the
Contract.
17.0 CONTRACTOR LICENSE REQUIREMENT:
The Respondent shall procure all permits, insurance, licenses and pay the charges and fees necessary and
incidental to the lawful conduct of his/her business, and as necessary complete any required certification
requirements, required by any and all governmental or non-governmental entities as mandated to maintain
compliance with and in good standing for all permits and/or licenses. The Respondent shall keep fully
informed of existing and future trade or industry requirements, Federal, State and Local laws, ordinances,
and regulations which in any manner affect the fulfillment of a Contract and shall comply with the same.
Contractor shall immediately notify both Office of Procurement Services and the using agency of any and
all changes concerning permits, insurance or licenses.
18.0 AMENDMENTS:
All amendments to this Contract shall be in writing and approved/signed by both parties.
Maricopa County Office of Procurement Services shall be responsible for approving all
amendments for Maricopa County.
19.0 ADDITIONS/DELETIONS OF SERVICE:
19.1 The County reserves the right to add and/or delete materials and services to a Contract. If a service
requirement is deleted, payment to the Contractor will be reduced proportionately, to the amount
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of service reduced in accordance with the bid price. If additional materials or services are required
from a Contract, prices for such additions will be negotiated between the Contractor and the
County.
19.2 The County reserves the right of final approval on proposed staff for all Task Orders. Also, upon request by
the County, the Contractor will be required to remove any employees working on County projects and
substitute personnel based on the discretion of the County within two business days, unless previously
approved by the County.
20.0 VALIDITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of
any other provision of the Contract.
21.0 SEVERABILITY:
The invalidity, in whole or in part, of any provision of this Contract shall not void or affect the validity of
any other provision of this Contract.
22.0 RIGHTS IN DATA:
The County shall have the use of data and reports resulting from a Contract without additional cost or other
restriction except as may be established by law or applicable regulation. Each party shall supply to the
other party, upon request, any available information that is relevant to a Contract and to the performance
thereunder.
23.0 NON-DISCRIMINATION:
CONTRACTOR agrees to comply with all provisions and requirements of Arizona Executive Order 2009-
09 including flow down of all provisions and requirements to any subcontractors. Executive Order 2009-09
supersedes Executive order 99-4 and amends Executive order 75-5 and may be viewed and downloaded at
the Governor of the State of Arizona’s website
http://azmemory.azlibrary.gov/cdm/singleitem/collection/execorders/id/680/rec/1 which is hereby
incorporated into this contract as if set forth in full herein. During the performance of this contract,
CONTRACTOR shall not discriminate against any employee, client or any other individual in any way
because of that person’s age, race, creed, color, religion, sex, disability or national origin.
24.0 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION:
24.1 The undersigned (authorized official signing for the Contractor) certifies to the best of his or her knowledge
and belief, that the Contractor
24.1.1 Is not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal Department or agency;
24.1.2 Have not within 3-year period preceding this Contract been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State or
local) transaction or contract under a public transaction; violation of Federal or State
antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
24.1.3 Are not presently indicted or otherwise criminally or civilly charged by a government
entity (Federal, State or local) with commission of any of the offenses enumerated in
paragraph (2) of this certification; and
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24.1.4 Have not within a 3-year period preceding this Contract had one or more public
transaction (Federal, State or local) terminated for cause of default.
24.2 The Contractor agrees to include, without modification, this clause in all lower tier covered
transactions (i.e. transactions with subcontractors) and in all solicitations for lower tier covered
transactions related to this Contract.
25.0 VERIFICATION REGARDING COMPLIANCE WITH ARIZONA REVISED STATUTES §41- 4401
AND FEDERAL IMMIGRATION LAWS AND REGULATIONS:
25.1 By entering into the Contract, the Contractor warrants compliance with the Immigration and Nationality Act
(INA using e-verify) and all other federal immigration laws and regulations related to the immigration status
of its employees and A.R.S. §23-214(A). The contractor shall obtain statements from its subcontractors
certifying compliance and shall furnish the statements to the Procurement Officer upon request. These
warranties shall remain in effect through the term of the Contract. The Contractor and its subcontractors shall
also maintain Employment Eligibility Verification forms (I-9) as required by the Immigration Reform and
Control Act of 1986, as amended from time to time, for all employees performing work under the Contract
and verify employee compliance using the E-verify system and shall keep a record of the verification for the
duration of the employee’s employment or at least three years, whichever is longer. I-9 forms are available for
download at USCIS.GOV.
25.2 The County retains the legal right to inspect contractor and subcontractor employee documents
performing work under this Contract to verify compliance with paragraph 6.21.1 of this Section.
Contractor and subcontractor shall be given reasonable notice of the County’s intent to inspect and
shall make the documents available at the time and date specified. Should the County suspect or
find that the Contractor or any of its subcontractors are not in compliance, the County will consider
this a material breach of the contract and may pursue any and all remedies allowed by law,
including, but not limited to: suspension of work, termination of the Contract for default, and
suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the
responsibility of the Contractor.
26.0 INFLUENCE:
26.1 As prescribed in MC1-1202 of the Maricopa County Procurement Code, any effort to influence an
employee or agent to breach the Maricopa County Ethical Code of Conduct or any ethical conduct
may be grounds for Disbarment or Suspension under MC1-902.
26.2 An attempt to influence includes, but is not limited to:
26.1.1 A Person offering or providing a gratuity, gift, tip, present, donation, money,
entertainment or educational passes or tickets, or any type valuable contribution or
subsidy,
26.1.2 That is offered or given with the intent to influence a decision, obtain a contract, garner
favorable treatment, or gain favorable consideration of any kind.
26.3 If a Person attempts to influence any employee or agent of Maricopa County, the Chief
Procurement Officer, or his designee, reserves the right to seek any remedy provided by the
Maricopa County Procurement Code, any remedy in equity or in the law, or any remedy provided
by this contract.
27.0 ACCESS TO AND RETENTION OF RECORDS FOR THE PURPOSE OF AUDIT AND/OR OTHER
REVIEW:
27.1 In accordance with section MCI 371 of the Maricopa County Procurement Code the Contractor
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agrees to retain all books, records, accounts, statements, reports, files, and other records and back-
up documentation relevant to this Contract for six (6) years after final payment or until after the
resolution of any audit questions which could be more than six (6) years, whichever is latest. The
County, Federal or State auditors and any other persons duly authorized by the Department shall
have full access to, and the right to examine, copy and make use of, any and all said materials.
27.2 If the Contractor’s books, records , accounts, statements, reports, files, and other records and back-
up documentation relevant to this Contract are not sufficient to support and document that
requested services were provided, the Contractor shall reimburse Maricopa County for the services
not so adequately supported and documented.
27.3 If at any time it is determined by the County that a cost for which payment has been made is a
disallowed cost, the County shall notify the Contractor in writing of the disallowance. The course
of action to address the disallowance shall be at sole discretion of the County, and may include
either an adjustment to future invoices, request for credit, request for a check or deduction from
current billings Submitted by the Contractor by the amount of the disallowance, or to require
reimbursement forthwith of the disallowed amount by the Contractor by issuing a check payable to
Maricopa County.
28.0 AUDIT DISALLOWANCES:
If at any time, County determines that a cost for which payment has been made is a disallowed cost, such as
overpayment, County shall notify the Contractor in writing of the disallowance. County shall also state
the means of correction, which may be but shall not be limited to adjustment of any future claim
submitted by the Contractor by the amount of the disallowance, or to require repayment of the disallowed
amount by the Contractor.
29.0 OFFSET FOR DAMAGES:
In addition to all other remedies at Law or Equity, the County may offset from any money due to the
Contractor any amounts Contractor owes to the County for damages resulting from breach or deficiencies
in performance of the contract.
30.0 PUBLIC RECORDS:
Under Arizona law, all Offers submitted and opened are public records and must be retained by the Records
Manager at the Office of Procurement Services. Offers shall be open to public inspection and copying after
Contract award and execution, except for such Offers or sections thereof determined to contain proprietary
or confidential information. by the Office of Procurement Services. If an Offeror believes that information
in its Offer or any resulting Contract should not be released in response to a public record request under
Arizona law, the Offeror shall indicate the specific information deemed confidential or proprietary and
submit a statement with its offer detailing the reasons that the information should not be disclosed. Such
reasons shall include the specific harm or prejudice which may arise from disclosure. The Records Manager
of the Office of Procurement Services shall determine whether the identified information is confidential
pursuant to the Maricopa County Procurement Code.
31.0 PRICES:
Contractor warrants that prices extended to County under this Contract are no higher than those paid by any
other customer for these or similar services.
32.0 INTEGRATION:
This Contract represents the entire and integrated agreement between the parties and supersedes all prior
negotiations, proposals, communications, understandings, representations, or agreements, whether oral or
written, express or implied.
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33.0 RELATIONSHIPS:
In the performance of the services described herein, the Contractor shall act solely as an independent
contractor, and nothing herein or implied herein shall at any time be construed as to create the relationship
of employer and employee, co-employee, partnership, principal and agent, or joint venture between the
County and the Contractor.
34.0 GOVERNING LAW:
This Contract shall be governed by the laws of the state of Arizona. Venue for any actions or lawsuits
involving this Contract will be in Maricopa County Superior Court or in the United States District Court for
the District of Arizona, sitting in Phoenix, Arizona
35.0 ORDER OF PRECEDENCE:
In the event of a conflict in the provisions of this Attachment and the OpenGov, Inc. Software Agreement
dated 4/13/16, the terms and condition of this Attachment shall prevail.
36.0 INTELLECTUAL PROPERTY:
Intellectual Property of the OpenGov, Inc. will remain the property of Contractor. County shall not (i)
license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make
available to any third party the OpenGov Intelligence software in any way; (ii) modify or make derivative
works based upon the OpenGov Intelligence software; or (iii) reverse engineer or access the OpenGov
Intelligence software in order to (a) build a competitive product or service, (b) build a product using similar
ideas, features, functions or graphics of the OpenGov Intelligence software, or (c) copy any ideas, features,
functions or graphics of the OpenGov Intelligence software. The OpenGov, Inc. name, the OpenGov, Inc.
logo, and the product and module names associated with the OpenGov Intelligence software are trademarks
of Contractor, and no right or license is granted to use them.
37.0 CONTENT OWNERSHIP:
County will own the Customer Content (defined as all importable/exportable data, and all archived
information). Upon completion of the development of the site, County will assume full responsibility for
website content maintenance and content administration. County, not Contractor, shall have sole
responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual
property ownership or right to use of all Customer Content. County agrees that it is solely responsible for any
solicitation, collection, storage, or other use of end-users’ Personal Data on the website. County further agrees
that Contractor has no responsibility for the use or storage of end-users’ Personal Data in connection with the
website or the consequences of the solicitation, collection, storage, or other use by County of Personal Data.
38.0 CHANGE CONTROL PROCESS:
Either party may request a change to the scope of work required under this Contract on any task including
but not limited to, alterations, additions, deviations, and omissions from or to the scope of work.
Contractor shall provide County with a written assessment within a reasonable time identifying the price
and schedule impact of implementing the change. Neither party shall be obligated to commence work on
the requested change until they have agreed in writing to an equitable adjustment. If a change to the
contract pricing occurs pursuant to this paragraph, Contractor will provide the County with a written
change order identifying the pricing impact per Exhibit F.
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OPENGOV, INC. SOFTWARE AGREEMENT
39.0 NOTICES:
All notices given pursuant to the terms of this Contract shall be addressed
to: For County:
Maricopa County
Office of Procurement
Services ATTN: Contract
Administration 320 West
Lincoln Street Phoenix,
Arizona 85003-2494
For Contractor:
OpenGov, Inc.
955 Charter
Street
Redwood City, CA 94063
Attn: CFO
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OPENGOV, INC. SOFTWARE AGREEMENT
Appendix E
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OPENGOV, INC. SOFTWARE AGREEMENT
Greg Keeney I OpenGov.com
GKeneey@OpenGov.com I 650-­‐492-­‐7028
5/13/16
Statement of Work
OpenGov & Maricopa County, AZ
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OPENGOV, INC. SOFTWARE AGREEMENT
Project Summary:
OpenGov proposes the following solution for The County of Maricopa’s financial and performance data
visualization portal for internal and external application.
Project Scope:
OpenGov Intelligence & OpenGov Transparency
OpenGov will implement OpenGov Intelligence and OpenGov Transparency for both the Office of The CFO and The
Office of Enterprise Technology. Each department will have separate administrative access and the ability to
upload, visualize, and share data.
The ERP system of The County, the budget system/budget spreadsheets for OET, as well as select additional
systems will be connected to the OpenGov platform. The County will have the capability to enable internal use for
efficiency and external use for transparency.
OpenGov Opendata & Performance Dashboards
OpenGov will implement OpenGov Opendata and OpenGov Performance Dashboards, in order to enable non-­‐
financial data publishing for external consumption and performance reporting for internal consumption.
OpenGov will enable The Office of Enterprise Technology, and other departments (under the direction and
guidance of CIO), to publish datasets in a variety of formats using our Managed CKAN-­‐as-­‐a-­‐Platform.
OpenGov will work with The Office of Enterprise Technology to create performance dashboards for non-­‐financial
data visualization from a select group of systems managed by departments. These dashboards will be designed for
internal and/or external use, at the direction of OET.
Integration:
Financial Data:
OpenGov will connect to The County’s ERP system for the visualization of financial data.
It is expected that the integration will involve the automated upload of GL or transactional data exportable in
excel, csv, or txt but not necessarily a flat file (single file in the form of rows and columns, with totals or sub-­‐
totals, no relationships or links between records including referenced cells and worksheet) from the County’s
CGI system to OpenGov’s SFTP site. OpenGov has already received partial data sets from The Office of the CFO
and has confirmed our ability to seamlessly integrate with their data format and quality.
Non-­‐Financial Data:
OpenGov will engage in discovery sessions with the customer to gather requirements for the necessary
integrations and ETL opportunities. These sessions will result in an integration document deliverable, which will
detail the design of the integrations. The County will review and approve the design prior to initiation of the work
effort.
For non-­‐financial data, the following integration activities will be conducted:
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OPENGOV, INC. SOFTWARE AGREEMENT
-­‐ Inventory of systems/datasets required to support Performance Measures & Dashboarding
-­‐ Inventory of Geospatial files required for map-­‐based visualizations for all desired datasets
-­‐ Creation of Extract, Transform & Load (ETL) scripts as necessary to get data required for Performance
Measures, Dashboarding, and map-­‐based visualizations
Deployment Work Plan:
Key:
L = Lead R = Review S = Support A = Approve
Financial Data Portal – OpenGov Intelligence & Transparency
OpenGov County
1. Deployment Questionnaire R L
2. On-­‐Boarding (Admin) L S
3. Initial Data Extract (GL, CoA, Transactions, Balance Sheet, S L
and FTE)
4. Financial Data Analysis L S
5. Financial Data Review (If Required) L S
6. Chart of Accounts Setup L S
7. Site Delivery and Chart of Accounts Review S L
8. Second Chart of Accounts Revision (if Required) L S
9. CoA Review and Sign-­‐Off A L
10. Upload Training and Template Creation (If Required) L S
11.Reports Creation and Training (COA and Grid Based) L S
12. User and Admin Training L S
13. Engagement with the Platform S L
OpenGov Opendata & Performance Dashboarding
OpenGov County
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OPENGOV, INC. SOFTWARE AGREEMENT
1. Discovery Workshop L R
2. Conduct Data Inventory L S
3. Create Dashboard Mockups L R
4. Create ETL Integrations L S
5. Implement Dashboards L S
6. Review Dashboards S L
7. Second Dashboard Implementation L S
8. Dashboards Sign-­‐Off L A
9. Dashboard Creation Training L S
10. User and Admin Training L S
Best Practices for Successful Deployment:
The goal is for OpenGov and Maricopa County to be aligned and working collaboratively on implementing the
services. Best practices for a successful implementation include the following:
● The County will provide a Project Manager and facilitate access to appropriate technical and financial
personnel as needed. If project leader personnel are selected in a timely manner, this enhances the
speed at which OpenGov is able to deliver the solutions.
● The County of Maricopa will be responsible for ensuring that all discovery, discussion, workshop and
training sessions are attended by county personnel, as scheduled.
● The County will maintain relevant non-­‐OpenGov software licenses and provide infrastructure
needed for this project, based on the OpenGov Software Agreement.
● OpenGov will work with County Staff to extract data from county systems to support the project.
OpenGov maintains integrations with a variety of enterprise ETL tools – Scribe, Safe FME, Pentaho
Kettle, OpenRefine, & Factual Drake. Integrations using these tools will be streamlined. OpenGov
will align itself to the County's ETL strategy and tooling.
● OpenGov and The County of Maricopa’s Project Leads will schedule regular check-­‐ins during the
deployment phase of the project.
Proposed Deliverables:
OpenGov Intelligence & OpenGov Transparency:
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OPENGOV, INC. SOFTWARE AGREEMENT
OpenGov Intelligence™
OpenGov Intelligence allows governments
to easily create and share internal
operational reports, combining financial
and non-­‐financial data from numerous
sources to help governments manage to
budget, keep department heads and
legislators informed, and streamline
important workflows from the budgeting
process to long-­‐term financial planning.
Tell your entire story
• Visualize any financial and
performance data
• Upload and visualize data with no
special training
Deliver data to the decision-­‐makers
• Empower everyone (staff, city manager, elected officials, council members, etc.) to get the information
they need
• Control your information – decide what to share with your team, or with the world. In a click.
OpenGov Comparisons™
OpenGov Comparisons gives government
administrators insights into their own
financial and vendor performance in
comparison to other governments, and
helps them collaborate with peers across
the country, thus uncovering ways to be
more efficient and save money.
The fastest answers to complex
questions
• We automatically import financial
and census figures
• On-demand and always available
with the latest data
• Engage your organization with tools
they can use– no training required
View the data from your perspective
• Compare Apples-to-Apples
• No need to understand other’s naming conventions
Stay focused on what matters
• Normalize as needed: per capita, per square mile, or view your expenditures/revenues as a % of total
• Visualize a single point in time, or view a 5+ year trend.
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OPENGOV, INC. SOFTWARE AGREEMENT
OpenGov Transparency™
OpenGov Transparency enables
governments to engage constituents
with interactive budget reports,
detailed transaction data, and year-­‐to-­‐
date actuals, improving transparency
and information quality with very little
effort. By making this information
public, they are also receiving better
financing terms on bonds and
improving revenue collection.
Make budgeting more transparent
Allow citizens to track the annual
budget process at every step.
Share financial and performance data
Unite nonfinancial and financial data to give citizens a holistic view. Share goals and performance
measures from across the organization.
The OpenGov Network™
• 750+ Governments, School Districts,
and Special Districts (and growing!)
• Flexible Search
o Nearest Governments
o Budget Size
o Demographics
• Review Budgets, Actuals, and any
other Public Reports
Sample Report Types
Annual GL Reports
“What is a 5-year trend on Overtime spending?”
Annual Year allows users to evaluate ‘big picture’ trends, perform multi-year analysis, and communicate
budget plans by visualizing expenses, revenues, or both concurrently. Data can be broken down by Fund,
Department, Activity, Division, Program, Unit, Site, Resource, or even Revenue Type and Expense Type.
This allows for analysis across multiple funds, all the way down to a single object in your Chart of Accounts.
Current Year GL Reports
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OPENGOV, INC. SOFTWARE AGREEMENT
“How am I performing compared to the Budget?”
Current Year allows users to evaluate monthly trends in
the current fiscal year, perform multi-year comparative
analysis, and communicate budget to actual variance for
both expenses, and revenues. Data can be broken down
by Fund, Department, Activity, Division, Program, Unit,
Site, Resource, or even Revenue Type and Expense Type.
This allows for analysis across multiple funds, all the way
down to a single object in your Chart of Accounts.
Department heads, directors, and council members can
see how the expenses or revenues are trending against
the budget through the most recent month.
Automatically calculate
budget to actual variance
in both dollar amount and
percentage.
Transactions / Open Checkbook Reports
“What have we spent with a vendor in the past 7
years?”
The Transactions report allows users to present and
communicate every transaction used to facilitate
government activities. Check registers, P-Card, revenues,
collections, encumbrances, transfers, can all be tracked in
a single filterable report. Filter millions of transactions by
type, department, vendor, check date, invoice date – the
possibilities are endless. Tie multiple systems of record
into one place for a comprehensive filterable database.
OpenGov doesn’t care if your data comes from 10
sources, it can all be housed in a single location!
Balance Sheet Reports
“What is our Fund Balance/Cash Balance through
June?”
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OPENGOV, INC. SOFTWARE AGREEMENT
Balance sheet visualizes the municipalities Assets, Liabilities, and Equities. This allows you to easily
provide updates on your cash and investments to the state or auditors. It also allows you to easily visualize
the balances in each of your Funds. The biggest advantage, like all of our reports, it the functionality to
filter and dynamically drilldown through your own balance-sheet instead of flipping through a pdf
document.
Performance / Non-Financial Reports
“How are non-financial operations performing against
goals and objectives?”
Visualize any non-financial data (e,g., 311 response times,
utilities reports, crime rates, pet adoptions, etc.) using
advanced tabular reports and visualizations.
OpenGov Opendata & Performance Dashboards
OpenGov Opendata & Performance Dashboards will be deployed to showcase all the GIS data Maricopa County
would like to display on the platform and enable the County to host data sets for public consumption, while
also linking select internal systems to display information in performance dashboards for internal consumption.
OpenGov Opendata:
The OpenGov Opendata CKAN Platform includes the following:
● A custom, mobile-­‐responsive CKAN skin extension, informed by the City’s style guide and maintained on
GitHub
● The ability to search datasets by keyword
● Data license integration
● Users/groups functionality, enabling each publisher to have their own front page
● Integration of extended CKAN visualization tools (ckanext-­‐-­‐viewhelper, ckanext-­‐-­‐mapviews, ckanext-­‐
-­‐basiccharts, ckanext-­‐-­‐dashboard)
● Integration of additional third-­‐party data visualization capabilities (ckanext-­‐odata for Tableau
connectivity, and ckanext-­‐cartodbmap for CartoDB connectivity)
● Comment and feedback extensions (ckanext-­‐disqus or ckanext-­‐discourse, ckanext-­‐issues, ckanext-­‐
datarequest), configured to reflect the County’s public engagement strategy
● Geospatial extensions (ckanext-­‐-­‐spatial and ckanext-­‐geoview)
● Project Open Data compliance (ckanext-­‐-­‐datajson)
● Custom metadata and data catalog integration (ckanext-­‐scheming)
● An ESRI ArcGIS Harvester to harvest data from Maricopa County Systems
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OPENGOV, INC. SOFTWARE AGREEMENT
OpenGov Performance Dashboards & Analytics-­‐as-­‐a-­‐Service:
OpenGov will implement OpenGov Performance Dashboards, in order to enable non-­‐financial data publishing for
external consumption and performance reporting for internal consumption.
OpenGov Dashboards includes monthly developer service work as outlined in pricing below.
OpenGov will enable data visualization within tiles in a variety of formats, and provide administrator access to
multiple information sources in a single location. Permissioning can be assigned to different users within The
County.
OpenGov Dashboards can accommodate data from a variety of systems, and as discussed with The County,
systems to be explored for OpenGov dashboard utilization can include the following in addition to other systems:
● OET Service Center (Axios assyst)
● BMC Discovery and Atrium CMDB
● Innotas
● CMS – Content Management System
● CostPerform
● TRIWatchDog
Users can create intuitive, self service dashboards by utilizing a simple dashboard creator interface, in addition to
choosing to have OpenGov to create the dashboards for you.
Analytics-­‐as-­‐a-­‐Service complements your internal data science capacity with Solution Templates and Consulting
Hours. Subscribers get access to the Solution Template Library – pre-­‐built Solution Templates including Crime
Maps, Economic Activity Dashboards, ClimateTagger and open source civictech projects like Citygram.
After the new data portal is installed, OpenGov will continue working with The County using an agile methodology.
Monthly sprint planning sessions will be conducted with stakeholders to prioritize items on which the OpenGov
developer time will be allocated towards during the month.
At the end of the month, completed project work will be released and the next iteration will begin.
This approach ensures The County will be able to continually improve it’s performance dashboards, while
restraining costs typically associated with a more traditional, sequential, and waterfall methodology of project
execution.
Select screenshots and sample dashboards:
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OPENGOV, INC. SOFTWARE AGREEMENT
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OPENGOV, INC. SOFTWARE AGREEMENT
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OPENGOV, INC. SOFTWARE AGREEMENT
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OPENGOV, INC. SOFTWARE AGREEMENT
Pricing:
OpenGov Intelligence & OpenGov Transparency
Package Description Price
OpenGov Intelligence • Annual $117,555 / yr
• Current Year (1 year term)
• Budget Milestones
• Balance Sheet
• Check Register/Transactions
• Comparisons
• Non-­‐Financial Data Sets
• Unlimited Reports
Support/Maintenance • Hosting Included
• Maintenance
• Training
• Existing feature updates
• Dedicated support
• Data Customization
User Licenses • 200 User Licenses at $96/yr $24,960 / yr
(20% Discount)
• 5 User Licenses included
• 16 Admin Licenses at $360
• 1 Admin License included
• All User Licenses for Elected Officials are free
of charge
Agreement Length Price
Annual Rate 3-­‐yr subscription Term $125,470 / yr
($100,510/yr) + users
·∙ 14.5% Discount from Annual Subscription
Pricing
·∙ 20% Discount on User Licenses
Implementation Fee
Implementation -­‐ CGI CFO Dept One-­‐time Set-­‐up fee (non-­‐recurring) $4,900
Implementation -­‐ CGI OET One-­‐time Set-­‐up fee (non-­‐recurring) Included
System Integration for Grid One-­‐time Set-­‐up fee (non-­‐recurring) $6,000
Reports
Implementation Total $10,900
Totals
Year 1 $141,270
Annual Recurring Rate $125,470
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OPENGOV, INC. SOFTWARE AGREEMENT
Opendata & Performance Dashboards
Feature Price
Managed CKAN Features
File Storage Space -­‐ 1TB (Additional Space billed at $2,400/Yr/TB)
30 Editors
Custom Domain
Homepage Customization
SSL
Uptime 99.9%
Rich API
POD compliance
Custom Theme and Branding
Harvestable
$35,988
Custom metadata
Harvest other data portals and GIS maps
Geospatial: Add and manage geospatial info about a dataset
On-­‐premise Hosting (if-­‐desired)
Basic Extensions
Specialist Extensions
ETL Plugins
Sandbox Instance
Support By Email
Support By Phone
Analytics-­‐as-­‐a-­‐Service -­‐ Year 1
Ability to create CivicDashboards
Ability to configure existing Solution Template
Live connection to your data
Pre-­‐sliced cleaned and up-­‐ to-­‐date data for your jurisdiction from Census, Dept of $165,888
Labor, Dept of Housing, FBI, etc.
96 hours of developer time per month -­‐ Hours do not rollover to next month
Support Hours -­‐9am -­‐ 9pm EST
Analytics-­‐as-­‐a-­‐Service -­‐ Year 2 & 3
24 hours of developer time per month – Hours do not rollover to next month $42,912
Totals
Year 1 $201,876
Annual Recurring Rate $78,900
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OPENGOV, INC. SOFTWARE AGREEMENT
OpenGov Intelligence, Transparency, Opendata & Performance Dashboards
Totals
Year 1 $338,246
Annual Recurring Rate $204,370
Total for 3 Year Agreement $746,986
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