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HomeMy WebLinkAbout3500 Con~tract~ Numbex.: Vendor: Subject: Department: Eile Class: Begin Date: End Date: Review Date: Vault Date: Comments: 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 Page 2 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". Page 6 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) Page 7 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