Res 2016-163/approving the procurement of NeoGov Applicant Tracking Software System licenses, support and maintenance from SHI Government Solutions through and in accordance with the State of Texas Department of Information Resources Contract #DIR-SDD-25

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NEOGOV'm Service Agreement Contract Number: 217-086 THIS ONLINE SERVICES AGREEMENT (this "Agreement") is made and entered into this 15th day of November,2016,by and between GovernmentJobs.com, Inc.,a California corporation (d/b/a"NEOGOV"),and the CITY OF SAN MARCOS,TEXAS a public entity acting by and through its duly appointed representative("City"). 1. Provision of Online Services. (a) The City hereby engages NEOGOV, and NEOGOV hereby agrees to provide the services (the "Services") more fully described in this Agreement and in Exhibit A(Order Form). This Agreement is subject to the terms and conditions herein and as set forth in the City's Standard Terms and Conditions set forth in Exhibit B. The City hereby acknowledges and agrees that NEOGOV's provision and performance of the Services is dependent and conditioned upon City of San Marcos's full performance of its duties, obligations and responsibilities hereunder. (b) NEOGOV shall implement and maintain a Project Change process and associated Change Control Document (CCD) to manage and approve any changes to the Order Form and/or Order Details as herein described. The CCD will include the reason for the change, a complete description of work to be performed, an estimate of time to complete the task, associated costs, a completion date for the CCD Statement of Work and an impact analysis indicting ramifications or impacts to the overall project as well as the City's Authorization of Change in Services (Exhibit D). No work within the CCD shall be performed by NEOGOV without the City's approval as evidenced by an executed Authorization of Change in Services(ACIS). 2. Additional NEOGOV Responsibilities. In connection with the performance of this Agreement, NEOGOV shall be responsible for the following: (a) NEOGOV shall provide all required hosting and operations support for the applications provided through this agreement. (b) NEOGOV shall follow support, maintenance and other procedures and shall provide support, maintenance and other services to the City as more fully described in this Agreement. (c) NEOGOV shall be responsible for ensuring that the NEOGOV's performance of Services and any other obligations hereunder comply with all applicable laws. 3. City Responsibilities. In connection with the performance of this Agreement and the provision of the Services, the City shall be responsible for the following: (a) The City shall be responsible for ensuring that the City's use of the Services and the performance of the City's other obligations hereunder comply with all laws applicable to the City. (b) The City shall be responsible, as between NEOGOV and the City, for the accuracy and completeness of all records and databases provided by City to NeoGov in connection with this Agreement for use on NEOGOV's system. 4. Ownership, Protection and Security. (a) The parties agree that NEOGOV's marks and the City's marks may both be displayed on and through NEOGOV's system(s). (b) Ownership of any graphics, text, data or other information or content materials and all records and databases supplied or furnished by the City hereunder for incorporation into or delivery through the application(s) described in this Agreement shall remain with the City , and NEOGOV shall cease use of all such material upon termination NEOGOV Page 1 of 10