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3500
KIT SAP CO INFORMATION SERVICES
Data Processing
Info Svcs
LEG 12-1
lDID4/1993
12/31/2007
02/15/2009
01/01/2009
Obsolete
KITSAP COUNTY INFORMATION SERVICES
614 Division Street
Port Orchard, Washington
NAME: City of Bremerton
239 4th THIS AGREEMENT SH~nn RE~AIN IH AFFECT
Bremerton, Wa 98310 UNTIL TERMINATED PURSUANT TO PROVISIONS
HEREIN
The above-named CUSTOMER, and Kitsap County agree that, subject to the
terms and conditions that follow, Kitsap County shall provide data access
described and for the consideration set forth herein. This agreement
includes the terms and conditions that follow. This agreement shall not be
valid and binding until accepted by an authorized customer representative
and approved signature(s) are affixed by the authorized representatives of
Kitsap County.
ACCEPTED BY: BOARD OF ! rTY~MMISSi~ER~
city oX Bremerto~
M~ ~ Co~issioner
State of ~3~
County of ~ )ss.
to me known to '~e the '~.~ ~ ~
of the cor~rat=on thak ~xecuted'
the foregoing instrument, and
acknowledged said inst~ment to
be the free and voluntary act and
deed of said cor~ration for the
uses and pur~ses therein =entioned,
and on oath stated that he is
authorized to execute said inst~-
men t .
o ary ,
My co~isiion expires: /O/g)V Notary Slgnatur
~ " I ~% ~. H~,. '
DATA PROCESSING AGREEMENT
1. SCOPE OF AGREEMENT
This agreement constitutes the entire agreement between Kitsap County and
the party named on the face of this instrument (herein after "CUSTOMER"),
and supersedes all proposals, oral or written, and all other communications
between the parties in relation to the subject matter of this agreement.
Except as otherwise provided herein, no modification of this Agreement
shall be effective until reduced to writing and executed by both parties.
2. PURPOSE OF AGREEMENT
The purpose of this Agreement is to provide CUSTOMER with machine-readable
copy of the data and/or online access described in "Exhibit A" attached to
this Agreement and incorporated by reference herein. The data will be used
by CUSTOMER for the purpose of creating, developing and distributing tax
title account services and information.
Pursuant to RCW 42.17.260(5), CUSTOMER shall furnish an affidavit to be
attached as "Exhibit B" to this Agreement and incorporated by reference
herein. Such affidavit shall state whether CUSTOMER'S request under this
Agreement is for the purpose of obtaining a list of individuals maintained
in Kitsap County records.
If a list of individuals is requested, the affidavit shall further state
whether CUSTOMER requests the list for commercial purposes and shall
describe any specific legal authorization or direction to use such list for
commercial purposes.
3. PERIOD OF PERFORMANCE
The CUSTOMER or Kitsap County has the right to terminate this Agreement
upon thirty (30) days prior written notice by one to the other; PROVIDED
further, termination for default hereof may be had with no notice to the
defaulting party pursuant to paragraph 12.
4. PAYMENT
CUSTOMER shall pay for the data as follows:
CUSTOMER shall pay for actual usage, per occurrence for the right to access
the County data as described in Exhibit "A" and "C".
Kitsap County may invoice for an initial setup charge and may invoice
monthly for the services provided during the preceding month at Kitsap
County rates as set forth above. The County may revise unit rates upon 3~_0
days' prior written notice to CUSTOMER.
The basic service fee and any fee for additional service shall be paid by
the CUSTOMER within thirty (30) days of the receipt of the invoice provided
by the County. Terms are net cash, without discount.
Invoice amounts shall include sales tax, business and occupation tax, any
additional applicable taxes, and any postage of data to CUSTOMER.
5. RIGHTS IN DATA-COPIES TO COUNTY
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Kitsap County does not convey, nor does CUSTOMER obtain, any rights in the
computer system, programs or related documentation owned and furnished by
Kitsap County for performance of this Agreement.
6. ASSIGNMENT AND DELEGATION
CUSTOMER agrees that it shall not assign any rights or interest in this
contract without the prior written permission of Kitsap County. Any
attempted assignment by CUSTOMER without written permission by the County
or its authorized agents shall be wholly void and totally ineffective for
all purposes. Furthermore, parties agree that neither shall delegate any
obligation under this contract without prior written permission of the
other party. Any attempted delegation without written permission shall be
wholly void and totally ineffective for all purposes.
7. EXCLUSIVE SERVICES
In the event Kitsap County requires services, machines or other products
for the exclusive support of data processing services required by CUSTOMER,
CUSTOMER shall, at the mutual agreement of the County and CUSTOMER, be
liable for the total cost of such services, machines or products so long as
they are retained for the CUSTOMER'S exclusive use.
8. EOUIPMENT APPROVAL
If performance of services under this Agreement requires connection of
CUSTOMER equipment to Kitsap County equipment, the devices and equipment
provided and used by CUSTOMER shall be of a type approved by Kitsap County.
9. COUNTY MAY PRIORITIZE DATA DELIVERY
Kitsap Couaty may limit, control or prioritize the providing of the data
described herein to any extent necessary to prevent such from the
unreasonable disrupting of Kitsap County's operations and to prevent
excessive interference with other essential functions of Kitsap County, and
to the extent necessary to provide access to its public records by other
members of the public.
10. LIMITATION OF LIABILITY
a. The information supplied by Kitsap County in the data described
herein is provided on an "as is" basis "with all faults," and
CUSTOMER'S sole remedy in the case of inaccurate information is
limited to a refund of an allowable portion of the fee charged
therefor.
b. Nothing contained herein shall be construed to require Kitsap
County to maintain the data in machine-readable form for a longer
time than Kitsap County shall from time to time determine. Such
data shall be available for copying in machine-readable form only
for as long as such data are so maintained by Kitsap County.
c. The obligation of Kitsap County and the rights and remedies of
CUSTOMER against Kitsap County, express or implied, arising by
law or otherwise, with respect to any data provided hereunder,
including but not limited to any implied warranty of
Page 3
merchantability or fitness, any implied warranty arising from the
course of performance, courses of dealing or usage of trade; and
any obligation, liability right, claim or remedy for tort, or for
any actual or alleged infringement of patents, copyrights of
similar rights of third parties, or for any other direct,
incidental or consequential damages, are hereby disclaimed and
waived.
11. INDEMNIFICATION AND HOLD HARMLESS
CUSTOMER understands that Ch. 42.17 RCW provides for potential penalties
upon violation of certain of its provisions. CUSTOMER further understands
that RCW 42.17.260(5) prohibits any public agency or employee from giving,
selling or providing access to lists of individuals for commercial purposes
unless specifically authorized or directed by law.
CUSTOMER also understands that RC~W 42.17.310(C) excepts from public
inspection and copying "information required of any taxpayer in connection
with the assessment or collection of any tax if the disclosure of the
information to other persons would violate the taxpayer's right to privacy
or would result in unfair competitive disadvantage to such taxpayer."
CUSTOMER also understands that taxpayers may seek to recover damages for
the unreasonable invasion of personal privacy or other rights recognized by
Ch. 42.17 RCW and other laws.
CUSTOMER agrees to indemnify, defend and hold harmless Kitsap County, their
elected and appointed officers, employees and agents from and against any
loss, expense, attorney's fees, other costs, liability or claims of any
kind or character arising wholly or partially out of any act or omission on
the part of CUSTOMER, his subcontractors or employees in the performance of
this contract.
12. TERMINATION OF AGREEMENT
This Agreement may be terminated upon the event of default. Events of
default include but are not limited to the following:
a. If CUSTOMER wrongfully uses the data without written
authorization by Kitsap County.
b. If CUSTOMER has not paid monthly invoices as is stated in Exhibit
A of the Agreement.
c. If this Agreement is in conflict with federal or state law,
Kitsap County resolutions or ordinances which are in effect at
the time of this Agreement or may be imposed in the future.
d. If CUSTOMER uses or attempts to use information provided in such
a manner as to violate a taxpayer's right to privacy, or to
create an unfair competitive disadvantage for a taxpayer.
e. If there is any impossibility of performance of this Agreement
through no fault of any party hereto.
f. If CUSTOMER sells, gives, leases or loans the data to any person;
or in any way, directly or indirectly, allows a machine-readable
copy of the data to be made by any person without the express
Page 4
written approval of Kitsap County.
g. If CUSTOMER violates any provisions of Paragraph 7 herein.
h. Upon 30 days' notice, if Kitsap County determines that CUSTOMER
is, for whatever cause or reason, incapable of or unable to
fulfill the terms of this Agreement.
13. LAW APPLICABLE
The provisions of this Agreement shall be governed by the laws of the State
of Washington and by any rules adopted by the Board of County Commissioners
of Kitsap County relating to RCW Ch. 42.17 Public Disclosure Act.
14. GENERAL PROVISIONS
No provision of this Agreement or the right to receive reasonable
performance of any act called for by the terms hereof shall be deemed
waived by a waiver of a breach thereof as to a particular transaction or
occurrence.
If any provision of this Agreement or its application to any person or
property is held invalid, the remainder of the Agreement or the application
of its provisions to otherpersons or circumstances shall not be affected.
The parties acknowledge that they have read and understand this Agreement,
including any supplements or attachments hereto, and do agree thereto in
every particular.
The remedies of Kitsap County in case of default by CUSTOMER are in no way
waived by, limited by, or exclusively set forth in this Agreement.
CUSTOMER shall make its books and records available to Kitsap County, its
agents and attorneys upon 20 days notice, for the purpose of determining if
CUSTOMER has violated any provisions of this Agreement.
Except as required by law, none of the parties shall use the name of the
other in publicity releases or advertising without prior written approval
of the other.
Proprietary information disclosed byany party to the other(s) for the
purpose of this Agreement which is clearly so identified as proprietary,
shall be protected by the recipient in the same manner and to the same
degree that the recipient protects its own proprietary information. Such
information will be disclosed only to those employees of the recipient
requiring access thereto in order to perform this Agreement.
Page 5
EXHIBIT A
DATA TO BE PROVIDED BY THIS
AGREEMENT
County shall provide to CUSTOMER "inquiry only access" to the County's
Assessment/Taxation System. Such access shall include the right to "print
locally" to a CUSTOMER printer connected to a CUSTOMER Terminal such data
as is displayed on CUSTOMER's Terminal Monitor as a result of the above
described ',inquiry only access".
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EXHIBIT B
DESCRIPTION OF USE
Our purpose for requesting access to the Kitsap County tax rolls is to
access parcel data as needed on a timely basis. We will use the tax rolls
for obtaining lists of individuals maintained in the County records for
Municipal purposes only.
CUSTOMER agrees, warrants, promises and swears under penalty of perjury
that it shall not use or allow others to use, directly or indirectly, the
data described herein or any part or copy thereof as a list or lists of
individuals for commercial purposes.
I certify under penalty of perjury under the laws of the State of
Washington that the foregoing is true and correct.
City of Bremerto~
Customer
(Date and Place of signing)
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KITSAP COUNTY
TECHNICAL SERVICES
RATES FOR 1993
I. HP3000 Minicomputer
Connect Time .00432 per minute
CPU Time .01703 per second
Disc Space .00029 per sector (256 bytes)
Printing .00166 per line
.09978 per page