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HomeMy WebLinkAbout4360 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4360 KIT SAP CO INFORMATION SERVICES PERMITTING SYSTEM - OPERATION OF CITY CLERK GOV File Class LEG 12-1 $ 04/01/2003 12/31/2006 02/15/2008 GL $ AL $ E&O Insurance Total $ Insurance Review Date Amendment A-9/05 B-7/06 Vault 01/01/2008 KC-132-03-B MUTUAL TERMINATION OF INTERLOCAL AGREEMENT FOR PERMITTING APPLICATION COMPUTING This Mutual Termination of Interloca1 Agreement for Permitting Application Computing is entered into between Kitsap County (the "County") and the City of Bremerton (the "City") as of May 1, 2006. RECITALS WHEREAS, the parties entered into an Interloca1 Agreement for Permitting Application Computing (the "Contract") as of Apri11, 2003, under which the County provided a software license and support services to the City; and WHEREAS, the parties amended the Contract in 2005; and WHEREAS, the parties now mutually wish to terminate the Contract, as amended, effective December 31,2006; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: The Contract, as amended, is hereby terminated, effective December 31,2006. IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this document as of the date first set forth above. CITYOFBREM~ BY~ Cary Bozeman, Mayor ATTEST: By Date 7/~ 7 /0 if; I BOARD OF COUNTY COMMISSIONERS KIT SAP COUNTY, WASHINGTON -Qo~ C~aoQ Jan _, Chair <r ATTEST: ", ",vendor Name ",Subject = =Department ==Status Code +-----------------------------------------------------------------------~--+ =~nter Search Criteria, Press Esc Key to Transmit + ==Press Del Key to Terminate Delete Mode + CHANGE Contract Transactions + Contract Number 4360 + + + + + =f KITSAP CO INFORMATION SERVICES & PERMITTING SYSTEM - OPERATION OF FINANCE GOV PURCHASING ;= + ='= Insurance Type Amount Amount Begin Date End Date Review Date 06/11/2003 06/15/2007 ", =F Insurance Total Insurance Review Date $0.00 ", + + + ", + +--------------------------------------------------------------------------+ Comments FEES-SEE EXHIBIT C/TERMINATION W/180 DAY WRITTEN NOTICE REVIEW DATE FOR TRACKING PURPOSES ONLY _I , . '. ., ~. INTERLOCAL AGREEMENT FOR PERMITTING APPLICATION COMPUTING KC-132-03-A This Interlocal Agreement for Permitting Application Computing ("this Agreement") is entered into between Kitsap County ("the County"), a municipal corporation, and the City of Bremerton ("the City"), a municipal corporation, pursuant to Chapter 39.34 RCW, as of Aprill, 2003. . RECITALS WHEREAS, in 2000 the County entered into a Contract for Services with Paladin Data Systems Corporation ("Paladin") under which Paladin developed a land information software system to facilitate electronic record storage, access and management of permitting and land parcel information ("the Permitting Application"); and WHEREAS, in 2002 the County entered into a Software Distribution Contract with Paladin specifying the County and Paladin's respective rights in the Permitting Application and which granted to the County the exc1usiveright to license the Permitting Application to governmental entities within Kitsap County, including cities; and WHEREAS, one or more cities within Kitsap County now wisl:1 to obtain a software license from the County to use the Permitting Application, to obtain access to the County's computer systems for that purpose, and to. obtain related services from the County; and WHEREAS, the County and the City [md that entering into this Agreement is in their mutual interest, will enable them to make the most efficient use of their powers, and will further the health and welfare ofthe citizens within their respective jurisdictions; and WHEREAS, the County and the City find that this Agreement is authorized by the Interloca1 Cooperation Act, Chapter 39.34 RCW; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: AGREEMENT ARTICLE I - PURPOSE The purpose of this Agreement is to provide for a software license and related services by the County to the City in order for the City to be able to use the permitting Application in . accordance with the ternisand conditions contained ht;lrein. ARTICLEIl~LICENSEAND SERVICES Section 2.1. LicenSe and Services. The County grants to the City a non-transferable, non- exclusive license to use the PennittirigApplication as described in Exhibit A - License and Services. The County will also provide to the City the services described in Exhibit A. 1 ~- <' . Section 2.2. Desktop Hardware/Software Requirements. The City agrees to obtain and maintain in good working order the land information system hardware and software components identified in Exhibit B - Desktop Hardware/Software Requirements. Section 2.3. Compliance with Requirements: Restrictions. The City agrees to access and use the Permitting Application and any related .applications in strict accordance with the requirements, policies, procedures and practices as the County may from time to time establish or impose. In addition, the City may not: (a) reverse engineer, decompile or disassemble the Permitting Application. or any related applications; (b) modify, or create derivative works from, the Permitting Application or any related applications; or (c) copy or distribute the Permitting Application or any related applications, except as may be expressly provided for in this Agreement. Secticm 2.4. Assignment. The rights conferred to the City under this Agryement may be exercised only by the City. The City is strictly prohibited from assigning or sublicensing any its rights under this Agreement without the express prior written consent of the County, which may be withheld in the County's sole discretion. Section 2.5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. THE PERMITTING APPLICATION AND ALL RELATED APPLICATIONS AND SERVICES UNDER THIS AGREEMENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING BUT NOT LTh1ITED TO ANY WARRANTY OF DESIGN, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CITY EXPRESSLY AGREES THAT IN . NO EVENT WILL THE COUNTY BE LIABLE. FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CITY's. USE OF THE PERMITTING APPLICATION OR ANY RELATED APPLIOATION OR SERVICE, EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF THE COUNTY SHALL BE LTh1ITED TO THE AMOUNT OF FEES ACTUALLY PAID UNDER THIS AGREEMENT, WHETHER THE LIABILITY ARISES IN CONTRACT, TORT OR OTHERWISE. ARTICLE III - FEES The City agrees to pay the County the annual fee described in Exhibit C -:- Annual Fee. The City will pay the fee within 30 days of billing by the County. ARTICLE IV - GOVERNANCE Section 4.1. Administration. This Agreement will be jointly administered by the information' services managers of the County and the City. This Agreement does not create any separate legal or administrative entity. Section 4.2. Financing:; Budget. This Agreement does not contemplate joint financing of the activities within its scope, nor does it contemplate a joint budget. 2 , , Section 4.3. Property Acquisition and Disposition. This Agreement does not contemplate the joint acquisition of property by the parties. At termination, each party will remain the sole owner of its own property. Any property acquired by the County in connection with this Agreement will be, and remain, solely owned by the County, even if the property is acquired by the County using payments made by the City under this Agreement. ARTICLE V -'- TERM; TERMINATION Section 5.1. Term. This Agreement will continue in effect until terminated as provided in Section 5.2. Section 5.2. Termination. Either party may, terminate this Agreement, with or without cause, by providing the other party with at least l80-days' advance written notice. Section 5.3. Continued Use. In the event this Agreement is terminated because the County discontinues using the Permitting Application, the parties agreeto negotiate in good faith to reach a new agreement on mutually acceptable terms and conditions allowing the City to continue to use the Permitting Application on its own computer systems. ARTICLE VI - MISCELLANEOUS Section 6.1. Notices. Notice by one party to the other party must be in writing and addressed as follows: To County: Kitsap County Information Services 614 Division Street, MS-21 Port Orchard, W A 98366 Attention: Bud Harris, Director, Information Services To City: City ofBiemerton ~'1.J:th '>IH:;:l 3a.tS 10Th 5tt'~c:...t; SU\-\-c.. CoOO Bremertoh W A 98337-, & , 3 Attention: Bill Eley, Information Services Manager Either party may change its address for notices by providing written notice to the other party. Section 6.2. Governing Law; Jurisdiction; Venue. This Agreement will be governed by the laws ofthe State of Washington and any legal proceeding arising under it may be brought only in the courts of Kitsap County, Washington. Section 6.3. Amendment. This Agreement may be amended or modified only upon the written agreement of the parties executed with the same formalities as this Agreement. Section 6.4. Filing. This Agreement will be filed with the Kitsap County Auditor prior to entry into force, in accordance with RCW 39.34.040. 3 IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to execute this Agreement a fthe e first set forth above. By I<1~ap ~ of ~ommiSSl.' oners ~ -- - ./ Chris Endresen, Chair J~m~o~J ATTEST: . -..t 4 EXHIBIT A - LICENSE AND SERVICES I. LICENSE The City is authorized to use the Permitting Application by accessing the County's computer systems in accordance with the terms and conditions contained in this Agreement. II. SERVICES The County will provide the following services to the City: Installation: · County IP Addresses for the Land Information System ("LIS") clients · Installation of the following software (specific versions are required): -Virtual Network Computing Software (remote desktop control) -Jlnitiator (Java Runtime Environment) -Adobe Acrobat Reader version 5.05 or greater -Internet Explorer 5.0 or greater -LIS icon with LIS URL -Print Lite (for LIS printing from Windows XP) -Discoverer URL (for ad hoc query, reporting and analysis) On~going Support: · Support for products needed to access LIS · Access to the Product Support Service (Help Desk) as subcontracted through Interlocking Software Corporation and described below: Product Support Service Product Support consists of: · . Assistance with TARs 8 hours per day. 5 days a week · Ability to log TARs with Interlocking Software Corporation .. Non-technical customer service during normal business hours SUPPort Period Interlocking Software Corporation technical support pricing reflects a 12-month support period (the "support period"). Severity Definition TARs are defined as individual problems referred by customers to Interlocking Software Corporation. Interlocking Software Corporation support center analysts categorize TARs identified by customers as follows: Severity 1 The problem causes complete loss of service. Work cannot reasonably continue, the operation is mission critical to the business and the situation is an emergency. A Severity 1 problem has one or more ofthe following characteristics: · Data corrupted · A critical function is not available 5 . . · System hangs indefinitely, causing unacceptable or indefinite delays . for resources or response · System crashes, and crashes repeatedly after restart attempts r 24 Hour Commitment to Severity I TARs: Interlocking Software Corporation will work 24x7until the issue is resolved or as long as useful progress can be made. Customer must provide Interlocking Software Corporation with a contact during this 24x7 period, either on site or by pager, to assist with data gathering, testing, and applying fixes. Customers are requested to propose this classification with great care, so that valid severity 1 situations obtain the necessary resource allocation from Int~r1ocking Software Corporation. Severity 2 The problem causes a severe loss of service. No acceptable work around is available; however, operation can continue in a restricted fashion. The issue action response shall be available to monitor through the customer support website within one working day. Severity 3 The problem causes minor Joss of service. The impact is an inconvenience, which may require a workaround to restore functionality. Severity 4 The problem causes no loss of service. The result is a minor error, incorrect behavior, or a documentation error that does not impede the operation of a system. A mechanism for escalating the severity level of existing TARs will be provided by Interlocking. Levell through 4 severity level response and status shall be available to monitor through the customer support website. Upl!rades. Patches & Releases Interlocking Software Corporation may periodically issue.upgrades, patches and releases of the software defmed as updates. During the term specified herein, Interlocking Software Corporation shall provide Kitsap County with a copy ofthe software update, along with reasonable assistance to help Kitsap County install and operate each new update. · Maintenance including hardware and operating systems of Sun Solaris servers and SunBlade workstations for support ofthe LIS application. . Maintenance ofthe 3rd party software tools - Oracle's database - Oracle's Internet Application Server · Oracle database support - Database security and access control - Database performance monitoring and tuning - Data Integrity · County Network support related to the LIS application 6 . . - County supports the network to the host router located at the County - City ofBremerton and County share support of the network between the host and remote router - City ofBremerton supports the network beyond the remote router . Travel time to and from City's information services office if a technician is dispatched for service call 7 ,. . EXHIBIT B - DESKTOP HARDWARE/SOFTWARE REQUIREMENTS The City will maintain the following to enable it to use the Perinitting Application via the County's computer systems: . Pentium III-400 . 256 ME RAM . 266 ME of free disk space . Windows NT, 2000 or XP Professional 8 't ~ EXHIBIT C - ANNUAL FEE The City will pay an annual fee based on its number of users of the system: 1-5 users: $12,500 per year 6-10 users: $20,000 per year 11 or more users: $25,000 per year The fee will be billed in advance in January of each year and will be considered fully earned as of January 1. Halfofthe increase for 2005 shall be paid by Kitsap County totaling $2,500 for the year. The remaining balance as determined by the scale above minus the amount paid by Kitsap County shan be paid by the City. There after, the total fee as detennined by the scale shall be paid by the City. No refund will be made in the event the> City' s actual number of users falls below the user category it has selected, nor will any refund be made if the City elects to terminate this Agreement prior to the end of a calendar year. 9 +--------------------------------------------------------------------------+ ~Press Esc Key to Insert new record, Ctrl-Z to Clear form -~ress Del Key to Terminate Insert Mode .. INSERT Contract Number Contract Maintenance 4360 +vendor Name ~"Subj ect - -Department - -Status Code KITSAP CO INFORMATION SERVICES & PURCHASING PERMITTING SYSTEM - OPERATION OF FINANCE GOV T + ,.I. Insurance Type Amount Amount Begin Date End Date Review Date 06/11/2003 " .. 06/15/2006 Press F1 for .. valid insurance .. type codes '" ,l, Insurance Total Insurance Review Date l $0.00 + + ,l, Comments ANNUAL FEE - SEE EXHIBIT C REVIEW DATE FOR TRACKING PURPOSES ONLY .. .. " +--------------------------------------------------------------------------+ INTERLOCAL AGREEMENT FOR PERMITTING APPLICATION COMPUTING KC-132-03 This Interlocal Agreement for Permitting Application Computing ("this Agreement") is entered into between Kitsap County ("the County"), a municipal corporation, and the City of Bremerton ("the City"), a municipal corporation, pursuant to Chapter 39.34 RCW, as of April 1, 2003. RECITALS WHEREAS, in 2000 the County entered into a Contract for Services with Paladin Data Systems Corporation ("Paladin") under which Paladin developed a land information software system to facilitate electronic record storage, access and management of permitting and land parcel information ("the Permitting Application"); and WHEREAS, in 2002 the County entered into a Software Distribution Contract with Paladin specifying the County and Paladin's respective rights in the Permitting Application and which granted to the County the exclusive right to license the Permitting Application to governmental entities within Kitsap County, including cities; and WHEREAS, one or more cities within Kitsap County now wish to obtain a software license from the County to use the Permitting Application, to obtain access to the County's computer systems for that purpose, and to obtain related services from the County; and WHEREAS, the County and the City find that entering into this Agreement is in their mutual interest, will enable them to make the most efficient use of their powers, and will further the health and welfare of the citizens within their respective jurisdictions; and WHEREAS, the County and the City find that this Agreement is authorized by the Inteflocal Cooperation Act, Chapter 39.34 RCW; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: AGREEMENT ARTICLE I - PURPOSE The purpose of this Agreement is to provide for a sof~vare license and related services by the County to the City in order for the City to be able to use the Permitting Application in accordance with the terms and conditions contained herein. ARTICLE II - LICENSE AND SERVICES Section 2.1. License and Services. The County grants to the City a non-transferable, non- exclusive license to use the Permitting Application as described in Exhibit A - License and Services. The County will also provide to the City the services described in Exhibit A. Section 2.2. Desktop Hardware/Software Requirements. The City agrees to obtain and maintain in good working order the land information system hardware and software components identified in Exhibit B - Desktop Hardware/Software Requirements. Section 2.3. Compliance with Requirements; Restrictions. The City agrees to access and use the Permitting Application and any related applications in strict accordance with the requirements, policies, procedures and practices as the County may from time to time establish or impose. In addition, the City may not: (a) reverse engineer, decompile or disassemble the Permitting Application or any related applications; (b) modify, or create derivative works from, the Permitting Application or any related applications; or (c) copy or distribute the Permitting Application or any related applications, except as may be expressly provided for in this Agreement. Section 2.4. Assignment. The rights conferred to the City under this Agreement may be exemised only by the City. The City is strictly prohibited from assigning or sublicensing any its rights under this Agreement without the express prior written consent of the County, which may be withheld in the County's sole discretion. Section 2.5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. THE PERMITTING APPLICATION AND ALL RELATED APPLICATIONS AND SERVICES UNDER THIS AGREEMENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE CITY EXPRESSLY AGREES THAT IN NO EVENT WILL THE COUNTY BE LIABLE FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE CITY'S USE OF THE PERMITTING APPLICATION OR ANY RELATED APPLICATION OR SERVICE, EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF THE COUNTY SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID UNDER THIS AGREEMENT, WHETHER THE LIABILITY ARISES IN CONTRACT, TORT OR OTHERWISE. ARTICLE III - FEES The City agrees to pay the County the annual fee described in Exhibit C - Annual Fee. The City will pay the fee within 30 days of billing by the County. ARTICLE IV - GOVERNANCE Section 4.1. Administration. This Agreement will be jointly administered by the information services managers of the County and the City. This Agreement does not create any separate legal or administrative entity. Section 4.2. Financing; Budget. This Agreement does not contemplate joint financing of the activities within its scope, nor does it contemplate a joint budget. Section 4.3. Property Acquisition and Disposition. This Agreement does not contemplate the joint acquisition of property by the parties. At termination, each party will remain the sole owner of its own property. Any property acquired by the County in connection with this Agreement will be, and remain, solely owned by the County, even if the property is acquired by the County using payments made by the City under this Agreement. ARTICLE V - TERM; TERMINATION Section 5.1. Term. This Agreement will continue in effect until terminated as provided in Section 5.2. Section 5.2. Termination. Either party may terminate this Agreement, with or without cause, by providing the other party with at least 180-days' advance written notice. Section 5.3. Continued Use. In the event this Agreement is terminated because the County discontinues using the Permitting Application, the parties agree to negotiate in good faith to reach a new agreement on mutually acceptable terms and conditions allowing the City to continue to use the Permitting Application on its own computer systems. ARTICLE VI - MISCELLANEOUS Section 6.1. Notices. Notice by one party to the other party must be in writing and addressed as follows: To County: . Kitsap County Information Services and Purchasing Division 614 Division Street, MS-21 Port Orchard, WA 98366 Attention: Morrie Black-Eagle, IS Manager/CTO To City: City of Bremerton 239 4th Street Bremerton WA 98337 Attention: Bill Eley, Information Services Manager Either party may change its address for notices by providing written notice to the other party. Section 6.2. Governing Law; Jurisdiction; Venue. This Agreement will be governed by the laws of the State of Washington and any legal proceeding arising under it may be brought only in the courts of KJtsap County, Washington. Section 6.3. Amendment. This Agreement may be amended or modified only upon the written agreement of the parties executed with the same formalities as this Agreement. Section 6.4. Filing. This Agreement will be filed with the Kitsap County Auditor prior to entry into force, in accordance with RCW 39.34.040. 3 IN WITNESS VVI-IEREOF, the parties have caused their duly authorized representatives to execute this Agreement as of the date first set forth above. By ~ ~~ Printed Name ~/~ .~l>:~ ~ Its ~/~$~ ~ ~-- CO~TY: ~ /~/ / 0 ~ Kitsap County Board of Commissioners Jan t~gel~-C-h~r ' NOT PRESENT Chris End~esen, Commissioner Patty Lent, ~issi~oner ATTEST: Op~Robertson, Clerk of the Board 4 EXHIBIT A - LICENSE AND SERVICES I. LICENSE The City is authorized to use the Permitting Application by accessing the County's computer systems in accordance with the terms and conditions contained in this Agreement. II. SERVICES The County will provide the following services to the City: Installation: · County IP Addresses for the Land Information System ("LIS") cliems · Installation of the following software (specific versions are required): --Virtual Network Computing Software (remote desktop control) --Jlnitiator (Java Runtime Environment) --Adobe Acrobat Reader version 5.05 --Internet Explorer 5.0 or greater --LIS icon with LIS URL --Print Lite (for LIS priming from Windows XP) --Discoverer (for ad hoc query, reporting and analysis) On-going Support: · Support for products needed to access LIS · Access to the Techn/cal Services Help Desk: --360.337.5555 option 1 offthe voice mailbox system 4 hour response time to problems related to the LIS application - staffed Monday through Friday 8:00AM to 4:30PM · Maintenance including hardware and operating systems of Sun Solaris servers and SunBlade workstations for support of the LIS application. · Maintenance of the 3rd party software tools -- Oracle's database -- Oracle's Internet Application Server · Oracle database support -- Database security and access control -- Database performance monitoring and tuning -- Data Integrity · County Network support related to the LIS application --County supports the network to the host router located at the County --City of Bremerton and County share support of the network between the host and remote router ~ity of Bremerton supports the network beyond the remote router · Travel time to and from City's information services office if a technician is dispatched for service call EXHIBIT B - DESKTOP HARDWARE/SOFTWARE REQUIREMENTS The City will maintain the following to enable it to use the Permitting Application via the County's computer systems: · Pentium 111-400 · 256 MB RAM · 266 MB of free disk space · Windows NT, 2000 or XP Professional EXHIBIT C - ANNUAL FEE The City will pay an annual fee based on its number of users of the system: 1-5 users: $7,500 per year 6-10 users: $15,000 per year 11 or more users: $20,000 per year The fee will be billed in advance in January of each year and will be considered fully earned as of January 1. The first year's fee will be billed upon commencement o£service and will be prorated based on the number of months of use for that year. No refund will be made in the event the City's actual number of users falls below the user category it has selected, nor will any refund be made if the City elects to terminate this Agreement prior to the end ora calendar year.