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:
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",Subject
= =Department
==Status Code
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CHANGE Contract Transactions +
Contract Number 4360 +
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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
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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
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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.