HomeMy WebLinkAbouteCityGov Alliance
SUBSCRIPTION AGREEMENT
Between
City of Auburn
And
eCityGov Alliance
September 2, 2004
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TABLE OF CONTENTS
IDENTITY OF PARTIES .......................................................................................1
II PURPOSE ............................................................................................................1
III DEFINITIONS .......................................................................................................2
IV APPLICATION SOFTWARE SUBSCRIPTION ....................................................3
V SUPPORT ............................................................................................................6
VI BENEFITS/RELA TIONSHIP ................................................................................7
VII FEES AND PAYMENTS ....................................................................................... 8
VIII CHANGE IN MEMBERSHIP STATUS .................................................................8
IX GENERAL PROVISIONS ..................................................................."................. 8
APPENDIX A: Description of Application Service(s)
APPENDIX B: Subscriber Fees and Payment Terms
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SUBSCRIPTION AGREEMENT
This Agreement is entered into between the eCityGov Alliance, hereinafter referred to as the
"Alliance", and the City of Auburn, hereinafter referred to as the "Subscriber".
WITNESSETH:
WHEREAS, the Alliance was created and duly authorized by the legislative body of each
jurisdiction in accordance with the Interlocal Cooperation Act, Chapter 39.34 RCW; and
WHEREAS, the purpose of the Alliance is to provide a regionally coordinalted portal for
the delivery of municipal services via the Internet and to provide a forum fc¡,r the sharing
of resources in the development and deployment of such services; and
WHEREAS, in keeping with its purpose, the Alliance has created several shared software
applications and related products to deliver public sector services via the Internet; and
WHEREAS the Alliance provides said software applications as a hosted service; and
WHEREAS, the Subscriber wishes to use certain shared software application(s) and
related product(s) to deliver public sector services via the Internet; and
WHEREAS, the Alliance pledges to work cooperatively in maintaining the highest level of
standards for maintenance and operation of the Software Application(s) and related
product(s) on behalf of Partners, Subscribers and users;
WHEREAS, the Alliance is duly authorized to enter into agreements as an independent
entity; and
WHEREAS, it is the desire of the Parties to enter into an agreement for Software and
related product(s) to deliver public sector services via the internet;
NOW THEREFORE, the Parties agree as follows:
IDENTITY OF PARTIES
1. Alliance. The Alliance is an agency formed under Chapter 39.34 RCW, the
Interlocal Cooperation Act, to deliver public sector services via the Internet.
2. Subscriber. The Subscriber is an agency that desires to subscribe to an
Alliance hosted service(s) and/or application(s), and to participate as a non-
voting but active member in the teams supporting that service(s) anel/or
application( s)_
II PURPOSE
The purpose of this Agreement is to provide the terms and conditions under which the
Subscriber will receive hosted services from the Alliance. To accomplish this purpose,
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and in consideration of the benefits to be received by each of the Parties hereto, the
Parties agree as follows:
III DEFINITIONS
1. "Agreement",:this Agreement", "the Agreement", "hereof', "herein", "hereto",
"hereby", "hereunder" and similar expressions mean this Subscription
Agreement, including all instruments supplementing, amending or confirming this
Agreement. All references to "Articles" or "Sections" mean and refe,r to the
specified Article or Section of this Agreement.
2. "Application Software", "Application" and/or "Software" means cc)mputer
application and related computer code, presented in object code form operating
on Hosting Service hardware. Application Software includes, but is not limited to
computer code, databases, programs and interfaces in executable Gode form
which have been created or licensed by Alliance.
3. "Application Team" means a team made up of a representative(s) from each
Alliance partner and subscriber city for a particular Software Applicaltion. The
purpose of the Application Team is to guide development and management of
the Application.
4. "Backend Integration" means that a software application owned and/or licensed
by the Subscriber is linked to the Application Software for the purpose of passing
data between the two systems.
5. "Board" means the Alliance Executive Board, a joint board established pursuant
to the eCityGov nterlocal Cooperation Agreement executed by the Cities of
Bellevue, Bothell, Issaquah, Kenmore, Kirkland, Mercer Island, Sammamish,
Snoqualmie, Woodinville, and any subsequent agencies that formally adopt the
eCityGov nterlocal Cooperation Agreement.
6. "Data and Content Management Tool(s)" means the Internet restricted
accessible software application used by the Subscriber to update, change and
manage application content and data.
7. "Effective Date" means the date this Agreement commences.
8. "Hardware" means the computers, application servers, magnetic storage devices
and other related computer hardware owned by the Alliance for the purposes of
providing services and software applications to Alliance partners, subscribers
and the general public.
9. "Hosting Service" means the city and/or business at which Alliance
Application(s), related software and hardware is physically located. The Hosting
Service is also responsible for maintaining the shared portion of the service( s)
and application(s) affected by this Agreement.
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10. 'Prlncipal" or 'Partner" means the city or other governmental jurisdiction that
elects to enter into the eCityGov nterlocal Cooperation Agreement as a full
partner-owner of Alliance Application Software, intellectual property and capital
equipment. A Principal or Partner is a signatory to the eCityGov Alliance
Interlocal Cooperation Agreement.
11. "Subscriber" means the city or other governmental jurisdiction that elects to
enter into an agreement with the Alliance to purchase specific hoste¡d Internet
software application service(s) on an annual basis,. Subscriber staltus is further
defined by the Alliance By-Laws and the Alliance Interlocal Cooperation
Agreement.
12. 'Subscription(s)" means the Internet accessible computer application(s)
identified in Appendix A.
13. 'Subscription Liaison(s)" means the Subscriber assigned staff member(s) for
each subscription application.
14. "User" means members of the general public and city staff who use the services
defined herein.
IV APPLICATION SOFTWARE SUBSCRIPTION
1. Subscription. During the term of this Agreement, the Alliance grants the
Subscriber a non-transferable, nonexclusive subscription to use the Application
Software in accordance with the terms and conditions state herein.
2. Application Software License(s). Application Software license(s) ,are and shall
remain the property of the Alliance or its third-party service providers. The
Subscriber shall have a non-exclusive right to use the Application Software
specified in Appendix A. The Subscriber shall not have taken, or att<empt to take,
any right, title or interest therein or permit any third party to take any interest
therein. The Subscriber will not transfer, sell, assign, sublicense, ple¡dge, or
otherwise dispose of, encumber or suffer a lien or encumbrance upon or against
the Application Software or any interest in the Application Software.
3. Application Software and Data. The Subscriber may not move any Application
Software or data from any installed location at the Hosting Service place of
business without the prior written notification and subsequent technic;a approval
of the Alliance.
4. Hardware and Provision of System and Application Software.
(a) The Alliance shall obtain, install and maintain the necessary hardware,
systems software, and Application Software at the location of the Hosting
Service to provide the appropriate computing platform to> deliver the
application services defined in Appendix A.
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(b) The Hardware, Systems Software licenses, and Applicaltion Software
code and licenses are and shall remain the properly of the Alliance or its
third-party service providers. The Subscriber shall not have taken, or
attempt to take, any right, title or interest therein or permit any third party
to take any interest therein. The Subscriber will not transfer, sell, assign,
sublicense, pledge, or otherwise dispose of, encumber or suffer a lien or
encumbrance upon or against the Hardware or Systems S<)ftware or any
interest in the Hardware or Systems Software.
5. Subscriber Data and Databases
(a) The Subscriber shall provide applicable data for each Software
Application Subscription to the Alliance in accordance with data
specifications in Appendix A.
(b) The Subscriber is responsible for updating, changing and maintaining
said data as specified in Appendix A.
(c) Each Party shall treat all data and information to which it has access by
its performance under this Agreement as confidential. Unless required to
do so by law, a Party shall not disclose such data or information to a third
Party without specific written consent of the other Party. In Ilhe event that
one Party receives notice that a third Party requests divulgence of
confidential or otherwise protected information and/or has se,rved upon it
a sUbpoena or other validly issued administrative or judicial process
ordering divulgence of such information, the receiving Party shall
promptly inform the other Party. This section shall survive the termination
or completion of this Agreement and shall continue in full forGe and effect
and shall be binding upon all Parties and their agents, employees,
successors, assigns, subcontractors or any Party or entity claiming an
interest in this Agreement.
(d) The Alliance will not transfer, sell, assign, sublicense, pledge, or
otherwise dispose of, encumber, or suffer a lien or encumbrance upon or
against the Subscriber data or database or any interest in the! Subscriber
data or database. The Alliance will maintain the Subscriber elata or
database at the Hosted Service, and shall notify Subscriber ill writing if
the data or database is to be moved from the Hosted Service. The
Alliance shall not be responsible for any damage to, or loss of, the data,
except in cases of gross negligence or wilful misconduct.
6. Access and Use of Data and Content Management Tool(s)
(a) The Subscriber shall name and authorize certain employees as content
managers for the Software Application(s) specified in Appendix A.
(b) It is the responsibility of the Subscriber to authorize and manage opening
and closing user accounts for third party vendors and/or contract
employees.
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(c) The Alliance will manage password protected user accounts for said
employees and vendors. The Alliance will manage only named user
accounts. The Subscription Liaison is responsible for authorizing new
user accounts and ensuring unneeded user accounts are cl<Dsed in a
timely manner.
(d) Access to Alliance web-based products is not restricted in anyway,
however: Software Application functionality may be restricted or limited
for certain Software Applications or portions of a Software Application to
the citizens of Alliance partner and subscriber cities. Such restrictions or
limitations is depended on the level of service(s) purchased by the
Subscriber and shall be described in Appendix A.
(e) An unlimited number of citizens, staff and other customers of the Alliance
product(s) may access and utilize the product(s) via the Internet, except
as noted in the previous section.
7. Warranties.
(a) Alliance represents and warrants that (a) Alliance has the 1Ø1~al right and
authority to provide the services that are the subject of this Agreement;
and (b) Application Software does not infringe upon any copyright, patent,
trademark, trade secret, or any other intellectual property right of any third
Party.
(b) No Other Warranty. Other than the express warranties contained above,
any software Subscription provided and all services performjad pursuant
to this Agreement are provided and performed on an "as is· basis, and
Subscriber's use of the Application Software and services is at its own
risk. Alliance does not make, and hereby disclaims, all other warranties,
whether express or implied. Alliance does not warrant that the
Application Software and services provided hereunder will be
uninterrupted, error-free, or completely secure.
(c) Limitation of Liability; Damages. Alliance's sole liability to Subscriber for
any loss, liability or damage, including attorney's fees, for any claim
arising out of or related to this Agreement, regardless of the Iform of
action, shall be limited to Subscriber's actual direct out-of-po<cket
expenses which are reasonably incurred by Subscriber and shall not
exceed the amount of the fees paid to Alliance by Subscriber under this
Agreement for the calendar year in which such claim accrueel. In no
event shall Alliance be liable to Subscriber or any third party for lost
profits, revenue, lost data, consequential, special, incidental, or
punitive damages arising out of or related to this Agreement
regardless of the basis of the claim.
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V SUPPORT
1 . Backend Integration
(a) Alliance is responsible for Alliance product(s) on the eCityGov.net site,
including the transmittal of data to and from the Subscriber in the
formats(s) identified in Appendix A, to meet the needs of Subscriber's
back-end process. Interface and data transmittal standards are subject to
approval by the Board.
(b) The Subscriber is responsible for any and all direct integration with their
own business processes and systems, including the entire cost and
overhead associated with integration of Alliance products to Subscriber-
owned systems.
(c) For the purpose of Backend Integration, the Alliance may assign, on a
temporary basis, a reasonable number of Internet Protocol Addresses
("IP Addresses") from the address space assigned to Subscriber by the
Hosting Service. The Subscriber acknowledges that the IP Addresses
are the sole property of the Alliance and/or of its contracted Service
providers, and are assigned for the term of this Agreement to Subscriber
as part of the Software Application Subscription( s), and are not "portable".
(d) The Alliance reserves the right to change IP Address assignments at any
time; however, the Alliance shall use all reasonable efforts to avoid any
disruption to the Subscriber resulting from such renumberin~ requirement.
The Alliance will give Client reasonable notice of any such rElnumbering.
The Subscriber agrees that it will have no right to IP Addresses upon
termination of this Agreement and that any renumbering required of the
Subscriber after termination shall be the sole responsibility of Subscriber.
2. Training. The Alliance shall provide such training and consultation to the
Subscriber regarding the use of a Software Application(s) and servic:es as is
determined to be appropriate by the Board and/or the Application Te,am(s)
associated with specific Alliance Software Application(s).
3. Software Support
(a) For Application Software residing on Alliance Server(s): The Hosting
Service for each product is responsible for ensuring that the Application
Software functions correctly, and for responding to Subscribers who
submit requests for Application Software corrections in a timoly manner.
Application Software malfunctions that result in a non-responsive system
or incorrect results for customers will be given high priority. Other
Application Software malfunctions will be prioritized based on resources
and overall project priorities. The actual response escalation levels are
specified in Section V. 3. (c).
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(b) For other software residing on Subscriber Servers: The Subscriber is fully
responsible for the functioning of any software residing on Subscriber
Servers, including software designed to handle the interfacE' between
Alliance service(s) and Software Application(s) and all software licensed
directly through third parties to the Subscriber.
(c) Technical Support - Requests for technical support will be classified into
three priority levels:
· High - system is down or is returning incorrect results and
customer is unable to fulfill critical business functions such as.
those pertaining to core business functions
· Urgent - serious issue significantly impacting use of system
although customer is still able to perform core business functions
. Normal - all other issues.
Regular Hosting Service business hours are Monday throu~lh Friday 7:00
a.m. - 5:00 p_m., excluding holidays. During regular business hours,
there is a guaranteed response time of 1 hour for High and Urgent calls.
All other calls will be responded to within 8 business hours. Off-hours
support (5:00 p.m. - 7:00 a.m., weekends and holidays) is offered only for
network and server support. Only high priority calls will be responded to
within 2 hours. The contact phone number is 425.452.2886.
VI BENEFITS/RELATIONSHIP
1. This Agreement is entered into for the benefit of the Parties to this Agreement
only and shall confer no benefits, direct or implied, on any third persons. No joint
venture or partnership is formed as a result of this Agreement.
2. The Subscriber is considered a non-voting member of the Application Team(s)
supporting Alliance service(s) and Software Application(s) identified in Appendix
A: Description of Application Service(s).
3. The Subscriber is entitled to attend Board meetings, but is not a voting member
of the Board.
4. The Subscriber is entitled to use the regional portal for delivery of Software
Application(s) subscribed to and defined in Appendix A.
5. The Subscriber may participate in and receive the benefits of all Allialnce
functions, projects, programs, and partnerships including but not limited to:
. Training programs
. Information sharing events
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· Projects/programs with other public entities, including, but not limited to;
state, county, utility districts, libraries, and other cities
6. The Subscriber may elect to move to Principal status upon obtaining approval
from the Board, formally adopting the eCityGov Interlocal Cooperatiion
Agreement, and paying associated fees as adopted by the Board.
VII FEES AND PAYMENTS
1. The Subscriber shall pay a Subscription fee as set forth in Appendix B:
Subscriber Fees and Payment Terms.
VIII CHANGE IN MEMBERSHIP STATUS
1. The Subscriber may elect to change request a change in membership status at
anytime.
2. Subscribers wishing to change to Principle status must be approvedl by the
Board. Upon approval the Subscriber and must pay the net difference between
current subscription(s) and the established Principle cost for the city. Changes
made during the calendar year will be pro-rated. Subscribers wishing to change
to Principle membership status at the beginning of the following calE,ndar year
are requested to make such a request to the Board by September 30th of the year
proceeding the desired change in status.
IX GENERAL PROVISIONS
1. Liability/Hold Harmless. If a claim, demand or cause of action arises from the
negligent act or failure to act or intentional wrongful act of one of the Parties
hereto, or its officers, agents or employees, then that Party shall ind'3mnify,
defend and save the other Party and its officers, agents and employ,ees harmless
there from; provided, however, that such provision shall not apply to the extent
that damage or injury arises from the fault of the other Party, its officers, agents
or employees. In the case of negligence of both the Subscriber and the Alliance,
any damages allowed shall be levied in proportion to the percentage of
negligence attributable to each Party, and each Party shall have the right to seek
contribution from the other Party in proportion to the percentage of negligence
attributable to the other Party.
2. Assignment. The Subscriber shall not assign, transfer, conveyor otherwise
dispose of its rights or obligations under this Agreement or permit use of
applications and/or services by another entity or person who is not an Alliance
Principal, Subscriber, or employee, officer or agent thereof, except to the extent
as may be authorized by Alliance rules and procedures.
3. Notices. All notices, requests, demands and other communications required by
this Agreement shall be in writing and, except as expressly provided elsewhere in
this Agreement, shall be deemed to have been given at the time of delivery if
City of Auburn 8 of 11 September 2, 2004
personally delivered or three business days after mailing if mailed by first class
mail, postage prepaid and addressed to the Party at its address as stated in this
Agreement or at such address as any Party may designate at any tiime in writing
with notice pursuant to this paragraph. At the time of execution the addresses of
the Parties are:
4. eCitvGov Alliance Subscriber
P.O. Box 90012 xxxx
Bellevue. WA 98009-9012 xxxxx
Attn: John Backman xxxxxx
(425) 452-7821 ¡QQQ¡
5. Dispute Resolution. This section governs any dispute, or controve¡rsy between
the Parties arising out of or relating to this Agreement or its breach (the "Disputed
Matter"). It is agreed that King County shall be the venue for any arbitration. All
Disputed Matters shall be submitted to the following dispute resolution process:
(a) Internal Mediation
First the Disputed Matter shall be referred jointly to the Alliance's
Executive Director and the Subscriber's representative. If they do not
agree within ten (10) days, the Disputed Matter shall be referred jointly to
the Co-Chairs of the Board and the Subscriber's chief execullive or
designee. If such persons do not agree upon a decision within ten (10)
days after referral of the matter to them, or within such other period as
may be mutually agreed upon, the Parties shall proceed to the next stage
of the dispute resolution procedure.
(b) Aroitration Procedures
The Subscriber or the Alliance may, within ten (10) days following
completion of internal mediation, submit a written demand for arbitration
to the American Arbitration Association. The decision of the other Party
to invoke the aroitration process below shall constitute an ele'ction of
remedies barring the Party from further recourse to the dispute resolution
or arbitration process not invoked by it.
City of Auburn
Any Disputed Matter referred to arbitration shall be conducted under the
Commercial Rules of the American Arbitration Association. The arbitrator
may be selected by agreement of the Parties or through the American
Arbitration Association. Any such arbitration will be held in the Seattle
Metropolitan Area. The Parties will share the costs of the aroitration
equally, subject to final apportionment by the arbitrator. Howl3ver each
Party shall bear the expenses of its own counsel, experts, witnesses and
preparation of evidence. The decision of the arbitrator shall be final and
shall not be subject to appeal by the Parties. Judgment upon any award
9 of 11 September 2, 2004
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rendered by the arbitrator may be entered in any court of competent
jurisdiction.
(c) Performance to Continue
Pending the resolution of any Disputed Matter, both Parties shall continue
their performance under this Agreement to the extent that such
performance is feasible, including but not limited to the payment of all
sums which are due or which become due during the disput,e resolution
process. Neither Party will institute any action or proceedin¡¡ against the
other Party in any court concerning any Disputed Matter that is or could
be subject to resolution under this section.
6. Effective Date and Duration. This Agreement shall be effective on upon
execution of both Parties, and shall continue until termination or withdrawal.
7. Termination.
(a) Termination by annual notice and/or default. The Subscriber may
terminate this Agreement by giving ninety (90) days written notice to
Alliance in any year of its intention to terminate effective January 1 of the
fOllowing year provided notice is given in writing and Subscriber is not in
default of its obligations under this Agreement. There will be, no refunds
of monies collected for the current year. If the Subscriber is in default of a
material obligation under this Agreement, and such default n~mains
uncorrected more than thirty (30) days after receipt of written notice of
default, the Alliance, in addition to any other rights available to it under
law or equity, may terminate this Agreement by giving thirty (30) days
written notice to the Subscriber. The Alliance shall be deem,~d in default
if, as a result of the Software Application(s) or Alliance's failure to perform
its obligations hereunder, the Software Application{s) continues to exhibit
defects causing serious disruption of use and/or repeated periods of
downtime, notwithstanding the Alliance's remedial or maintenance efforts,
over a continuous period of ninety (90) days, and the Subscriber may
terminate the Agreement by giving thirty (30) days written notice to the
Alliance, after which the Alliance shall reimburse the Subscriber for a pro-
rated share of the Subscription Fee.
(b) Mid-year termination request by Subscriber. The Subscriber may
terminate this Agreement by giving written notice to the Alliance at any
time during the calendar year. The Alliance will terminate thet
Subscriber's service at the earliest practical date in which the necessary
Application reprogramming can be completed. There will be no refunds
of monies collected for the current year.
(c) Termination as a result of changes to the Applicatiòn(s). In the event that
the Alliance initiates changes to the Application(s) and/or Subscription
fee{s) for which the Subscriber chooses not to continue with the
Application Subscription, the Alliance will provide a pro-rata n~fund of the
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balance of current year Subscription fee. The refund will be calculated
from the date in which the Application changes and/or Subscription fee
changes take effect.
8. Modification. This Agreement represents the entire Agreement between the
Parties. No change, termination or attempted waiver of any of the provisions of
this Agreement shall be binding on either of the Parties unless executed in
writing by authorized representatives of each of the Parties. The A!¡reement
shall not be modified, supplemented or otherwise affected by the course of
dealing between the Parties.
9. Severability. In the event any term or condition of this Agreement or application
thereof to any person or circumstance is held invalid, such invalidity shall not
affect other terms, conditions or applications of this Agreement whic:h can be
given effect without the invalid term, condition or application. To this end the
terms and conditions of this Agreement are declared severable.
In witness whereof, the Parties have executed this Agre
~::~ -;
Accepted By (Signature)
ective Date.
V
pted By (Signature)
-
-
.
Brenda Cooper
Secretary
eCityGov Alliance
Name and Title
/ ,2004
~byf::)
Month day, 2004
Toni Cramer
Co-Chair
eCityGov Alliance
,2004
Month day, 2004
City of Auburn
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APPENDIX A
Description of Application Service(s)
PRODUCT SUBSCRIPTION(S):
1. NWPRoperty.net - Economic Development Browser
II DESCRIPTION OF PRODUCT SERVICE(S)
1. NWProperty.net is a geographic information system (GIS) based web
application intended to serve a number of public and private constituent
groups with interests in available commercial properties. Specifically the
application combines a number of public and private data sets, in a
structured web interface, providing the user with the ability to search for
available commercial properties.
2. The application functionality includes, but is not limited to:
(a) NWProperty.net home page which explains the purpose of the site
and provides navigational elements. These elements inc:lude:
· Link(s) to community economic development pages for each
city. Subscribers may choose to use pages supplied by the
Alliance or direct links to pages located elsewhere
. Site and Regional pages
o Contacts, including a contact for each city or agency
o Site Map
o Feedback
o Privacy and Security
o Site Information
o Regional map indicating each of the participating cities
as well as major geographic elements
(b) NWProperty.net for sale and lease search pages include the
following functionality:
· Regional interactive GIS map indicating each of the
participating cities. Interactive map features include:
· Zoom, pan, information, legend, overview map and selection
of layers
City of Auburn
3-A
Appendix A
· Property search functionality includes filtering by:
o City
o Sale or lease
o Property attributes such as cost, type, location, building
classification and size.
· Query return functionality includes:
o Vicinity map with location(s) of queried properties
o A list of queried properties including a small photo (if
available) and summary data for each property
o A link to detailed property and demographic/business
data
. Detailed Property Data
o Orthographic photo of the subject property (if available)
o A photo the property and detailed sales infomlation
o Zoning and comprehensive data (if available) for sale
properties
o Detailed demographic and business data, including the
interactive functionality to queried this data by a
specific mile radius
. Other Features and Services
o Web Trend reports
o Ability to use hyperlinks directly to an individual city
property search function
III TECHNICAL DATA SPECIFICATIONS
1. Data supplied by the Subscriber
· Property (parcel) pOlygons
· Zoning polygons. Zoning codes and descriptions should be
include in the zoning shapefile. If no descriptions are provided
only the codes will be used.
. Data should be provided in shapefile format and will be used
as-is from the subscriber city. If specific rendering for zoning is
City of Auburn
3 -A
Appendix A
desired, it should be delivered in ArcXML format as exported
from the free ArcExplorer viewer from ESRI.
· If no data is provided, data will be extracted from the King
County GIS data set and no city zoning information will be
available.
2. Data interfaced from the Alliance Application to the Subscribers back-end
system
Not applicable for NWProperty.net
IV SPECIAL REQUIREMENTS AND CONDITIONS
1. Subscriber cities are responsible for the maintenance of:
· The content of Community Pages and/or linked content
· Supplying zoning and other pertinent data to the Alliance, in a
format compatible with Alliance systems. Cities are also
responsible for the accuracy of said data and periodically
supplying updates of Subscriber data to the Alliance.
· Actively participating in Economic Development Browser Team
meetings.
City of Auburn
3-A
Appendix A
APPENDIX B
Subscriber Fees and Payment Terms
ANNUAL FEE(S)
1. NWProperty.net Annual Fee - annual cost of the subscription for this
service is $7,500, with the pro-rata 2004 cost of $2,000.
2. Establishment of Fees; Each year the Board shall set Subscriber Fees
for the next calendar year, no later than September 30th. At such time the
Board may increase, decrease or leave fees unchanged depencling need.
II PAYMENT TERMS
1. The invoice shall encompass Subscription feel s) for one full cale¡ndar
year or for the applicable pro-rata Subscription feet s).
2. Annual payment is due within 60 days of invoice.
3. The invoice for the current year will be sent upon signing of this
Agreement. Payment is due within 60 days of invoice.
4. Payments which are 60 days past due shall be considered to be in
arrears. The Alliance may elect to discontinue service to the Subscriber
until said account is paid in full. The Board, at its sole discretion" by elect
to not disconnect a Subscriber that is in arrears if suitable arrang'ements
have been made for future payment.
III MODIFICATION OF FEES
1. The Board may make modifications to the Application( s) based on
recommendations from the Project Team(s). Any resulting fee changes
will be either billed on a pro-rata basis and/or calculated in to the
Subscription rate in the next calendar year.
City of Auburn
1 - B
Appendix B
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AMENDMENT #1
Human Resource Portal
(Compensation & Classification only)
March 11, 2008
The eCityGov Alliance and the City of Auburn, having entered an Agreement for
NWProperty.net service dated September 2, 2004, now, in consideration of the mutual
promises herein stated, the parties request amendment of the Agreement as follows:
1. Human Resource Portal (Compensation & Classification only) service
Appendix A shall be amended by the addition of new Sections V through VII
(Appendix D) and Appendix B shall be amended by the addition of new Sections
IV and V (Appendix E), as attached hereto and incorporated by reference.
All other terms and conditions shall remain the same.
In witness whereof, the Parties have executed this Amendment as of the Effective Date.
eCityGov Alliance C'
A ted By (Signature) A cepted By (Signature)
John Backman
Executive Director
Date:
Peter B. Lewis
Mayor
Date: -4-1I Slog
Appr ed as to Form (S gnature):
Attorney K1n1'
Date: -'//Y/o ?
APPENDIX D
Description of Application Service(s)
City of Auburn
IV PRODUCT SUBSCRIPTION(S):
1. Human Resource Portal (Compensation & Classification only)
V DESCRIPTION OF PRODUCT SERVICE:
2. The Human Resource Portal (Compensation & Classification only)
application functionality includes, but is not limited to:
(a) Secure user access
(b) Document Library folders including, but not limited to:
(i) Classification/Job Descriptions
(ii) Salary Schedules
(iii) Organizational Charts
(iv) Labour Agreements
(v) Benefits Information
(vi) Completed Salary Surveys
(vii) Miscellaneous
(c) Project team documents and communications
VI TECHNICAL DATA SPECIFICATIONS
1. Data supplied by the Subscriber
Human Resource Portal project committee members are responsible for
uploading and maintaining the Compensation and Classification
documents and data for their city/agency. The data shall be maintained
on a schedule established by the Human Resource Portal Project
Management Committee.
2. Data interfaced from the Alliance Application to the Subscribers back-end
system
Not applicable
- 1 - Appendix D
VII SPECIAL REQUIREMENTS AND CONDITIONS
1. Subscriber agencies are responsible for the maintenance of:
(a) The 'content of relating to city/agency specific information such as
contacts, address, phone numbers, email addresses and/or linked
content.
(b) Actively participating in the application business team meetings.
2. Subscriber agency staff that desire user account(s), must;
(a) Be authorized by their agency
(b) Agree to the Alliance Technology Resource Usage Policy dated March
19, 2008
-2- Appendix D
APPENDIX E
Subscriber Fees and Payment Terms
City of Auburn
IV ANNUAL FEE(S)
Human Resource Portal (Compensation and Classification only)
Annual Fee - annual cost of the subscription for this service is $1,400.
2. Establishment of Fees; Each year the Board shall set Subscriber Fees
for the next calendar year, no later than September 30'". At such time the
Board may increase, decrease or leave fees unchanged depending need.
V PAYMENT TERMS
The invoice shall encompass Subscription fee(s) for one full calendar
year or for the applicable pro-rata Subscription fee(s).
2. Annual payment is due within 60 days of invoice.
3. The invoice for the current year will be sent upon signing of this
Agreement. Payment is due within 60 days of invoice.
4. Payments which are 60 days past due shall be considered to be in
arrears. The Alliance may elect to discontinue service to the Subscriber
until said account is paid in full. The Board, at its sole discretion, by elect
to not disconnect a Subscriber that is in arrears if suitable arrangements
have been made for future payment.
VI MODIFICATION OF FEES
The Board may make modifications to the Application(s) based on
recommendations from the Project Team(s). Any resulting fee changes
will be either billed on a pro-rata basis and/or calculated in to the
Subscription rate in the next calendar year.
- 1 - Appendix E
A t:~ 9 \ ro - I
AMENDMENT #o-
Human Service Portal
November 30, 2009
The eCityGov Alliance and the City of Auburn, having entered an Agreement for
NWProperty.net service dated September 2, 2004, now, in consideration of the mutual
promises herein stated, the parties request amendment of the Agreement as follows:
1. Human Service Portal, HSConnect.net service Appendix F shall be added to
this Agreement by the addition of new Sections VIII through XII (Appendix F), as
attached hereto and incorporated by reference.
All other terms and conditions shall remain the same.
In witness whereof, the Parties have executed t is Amend t as f e ective Date.
eCityGov Alliance 'ty o
~
cepted By (Signature) Accepted By (Signature)
John Backman
Executive Director
Peter B. Lewis
Mayor
Date: Date: I
proved a's-to Form Signat e):
Attorney
Date: ~ 2 - I - yc-- c-ir'j
APPENDIX F
Description of Application Service(s)
City of Auburn
VIII PRODUCT SUBSCRIPTION(S):
1. Human Service Portal; HSConnect.net
IX ANNUAL FEE(S)
1. Human Service Portal Annual Fee - There shall be no fee for the balance
of 2009, thereafter the annual cost of the subscription for this service is
$5,700, unless modified as provided in Section VII, Fees and Payments
Amendment 2.
X DESCRIPTION OF PRODUCT SERVICE: HUMAN SERVICE PORTAL
1. The Human Service Portal application functionality includes, but is not
limited to:
(a) Secure, central portal for on-line management of human service RFP's
(b) On-line management and coordination of master contracts
(c) Private human service manager communications portal
(d) Project team documents and communications
(e) Secure document library
(f) Service provider profile; one-stop registration for multiple agencies
(g) On-line provider performance reporting
(h) On-line RFP and submittal process
(i) On-line agency performance reporting (2010);
XI TECHNICAL DATA SPECIFICATIONS
1. Data supplied by the Subscriber
None
1. Data interfaced from the Alliance Application to the Subscribers back-end
system
Not applicable
- 1 - Appendix F
XII SPECIAL REQUIREMENTS AND CONDITIONS
Subscriber agencies are responsible for the maintenance of:
(a) The content of relating to city/agency specific information such as
contacts, address, phone numbers, email addresses and/or linked
content.
(b) Actively participating in the application business team meetings.
2. Subscriber agency staff that desire user account(s), must;
(a) Be authorized by their agency
(b) Agree to the most current version of the Alliance Technology Resource
Usage Policy
- 2 - Appendix F