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HomeMy WebLinkAboutAGR-6838.3 - OPENGOV, INC. - SOFTWARE SERVICESDocusign Envelope ID:96F91C8F-900E-476D-9934-BF976E368BB4 THIRD AMENDMENT AGR-6838.3 Initial TO SOFTWARE SERVICES AGREEMENT THIS THIRD AMENDMENT TO SOFTWARE SERVICES AGREEMENT (the "Third Amendment") is made and entered into as of September 9 , 2025 ("Effective Date") by and between the CITY OF ORANGE, a municipal corporation ("City"), and OPENGOV, INC., a Delaware corporation("Contractor"),with reference to the following. A. City and Contractor entered into a Software Services Agreement(Agreement No.6838) dated as of September 19, 2019, which is incorporated herein by this reference (the "Original Agreement"); and B. City and Contractor amended the Original Agreement to extend the term and increase the compensation by a First Amendment to Software Services Agreement (Agreement No. 6838.1) dated July 7, 2020, which is incorporated herein by this reference (the"First Amendment"); and C. City and Contractor amended the Original Agreement to extend the term and increase the compensation by a Second Amendment to Software Services Agreement(Agreement No. 6838.2) dated November 26,2024,which is incorporated herein by this reference(the"Second Amendment"); and D. City and Contractor desire to further amend the Original Agreement to modify,amend and supplement certain portions of the Original Agreement to extend the term and increase the compensation. NOW,THEREFORE, the parties hereby agree as follows: Section 1. Defined Terms. Except as otherwise defined herein,all capitalized terms used herein shall have the meanings set forth for such terms in the Original Contract. Section 2. Cross-References. City and Contractor agree that all references in this Third Amendment are deemed and construed to refer to the Original Contract,as implemented by this Third Amendment. Section 3. Extended Term. Upon expiration of the Initial Term on September 14, 2025, the City exercises its option to extend the term of this Agreement from September 15, 2025 to September 14, 2027. Section 4. Compensation. Pursuant to Section 6.1(b)of the Original Agreement,the total not-to-exceed compensation for the services to be rendered in the First Extended Term shall not exceed ONE HUNDRED EIGHTY-SIX THOUSAND SIX HUNDRED FORTY-THREE DOLLARS and 12/100($186,643.12)without the prior written authorization of City. Docusign Envelope ID:96F91C8F-900E-476D-9934-BF976E368BB4 Section 5. Integration. This Third Amendment amends, as set forth herein, the Original Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Third Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Third Amendment shall control and govern the rights and obligations of the parties. IN WITNESS of this Contract, the parties enter into this Contract on the year and day first above written. CONTRACTOR" CITY" OPENGOV, INC., a Delaware corporation CITY OF ORANGE, a municipal corporation Signed by: Initial DocuSigned by:5asi 6easitx B • LfldF7F4FR t B :YY Printed Name: Sam Kramer b—at r$r! 7gM}7er•,Mayor Title: SVP, Finance Signed by: By: k' 't' ATTEST: rr457Ese00 .oTePrintedName: DocuSigned by: Title: Chief Administrative Officer Cb tAkuati amen t$ie?n,City Clerk APPROVED AS TO FORM: DocuSigned by: V, rwriO4 katffliFAtiltftian Senior Assistant City Attorney NOTE: If CONTRACTOR is a corporation, the City requires the following signature(s): 1) the Chairman of the Board, the President or a Vice President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office,please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. Docusign Envelope ID:2D7210D4-26C6-40AD-AD24-65CB17CCE5E4 OOpenGov7 OpenGo660vIee. 60 3rd Street, Suite 100 San Francisco,CA 94107 United States Order Form Number: Q-09230 Prepared By: Allen Rosenbaum Created On: 09/04/2025 Email: arosenbaum@opengov.com Order Form Expiration: 09/14/2025 Contract Term: 24 Months Subscription Start Date: 09/15/2025 Subscription End Date: 09/14/2027 Customer Information: Customer: City of Orange,CA Contact Name: Michelle Kresan Bill To/Ship To: 300 East Chapman Avenue Email: mkresan@cityoforange.org Orange,California Phone: 714-744-2236 92862 United States Order Details: Billing Frequency: Prepaid Payment Terms: Net 30 Days SOFTWARE SERVICES: Product Name Start Date End Date Annual Fee Budgeting& Planning 09/15/2025 09/14/2026 85,695.14 Budgeting& Planning 09/15/2026 09/14/2027 89,122.98 Customer Billing/Service Periods: Period: Total: 09/15/2025 85,695.14 09/15/2026 89,122.98 Order Form Legal Terms: This Order Form incorporates and is made part of the Software Services Agreement(Agreement No. 6838)between Customer and OpenGov dated September 19,2019("SSA"),as amended. If Professional Services are purchased,the Statement of Work is incorporated by reference. Docusign Envelope ID:2D7210D4-26C6-40AD-AD24-65CB17CCE5E4 Fees for the Software Services and Professional Services shall be due and payable,in advance,30 days from receipt of the invoice. By signing this Order Form,Customer acknowledges and agrees to these Legal Terms. City of Orange,CA: OpenGov,Inc. Signed by: Signature: Signature:56tm rasit,lr lame: Name: Trang Nguyen Sam Kramer Title: Title: Finance Director SVP, Finance Date: Date: 9/30/25 9/4/2025