HomeMy WebLinkAboutAuburn Valley Human Society LICENSE AGREEMENT
This License Agreement("Agreement"), dated San _, 2013, is by and between the
City of Auburn, a Washington municipal ("Auburn"), and Aub; nfir' c 1p,. u uQ Sicc` �1
rrv_�_na O cr,,cr��z , ("Host.").
RECITALS
A. Host is the owner of certain real property and facilities, located at
��\O �c ef-� �� E hereafter referred to as the "Space."
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B. Auburn wants to place a computer and/or peripheal equipment(i.e. computer
table) and signage, as needed, in the Space for the purpose of allowing citizens to obtain pet
licenses.
C. Host has agreed to allow Auburn to place a computer and/or associated equipment
and signage in the Space.
NOW, THEREFORE, in consideration of the promises, covenants and conditions
contained herein, the parties agree as follows:
1. Grant of License. Host grants to Auburn the right to enter upon and use the Space
for the purpose of placing one computer, necessary peripheral equipment and signage therein,
which computer is to be used solely for the purposes of pet licensing.
2. Consideration. The parties agree that the mutual benefits of allowing the City to
place a computer in the Space are adequate consideration for each of them to enter into this
Agreement. Auburn shall not pay any monetary consideration.
3. Term. The term of this Agreement shall begin on the date indicated above, and
shall be a perpetual agreement. This Agreement may be terminated by either party with or
without cause by giving the other party three(3) calendar days' written notice.
4. Installation and maintenance.
a. Auburn shall provide one computer, including all necessary peripheral equipment.
b. Host agrees to provide a location convenient for the public's access for the computer.
The location shall include a counter or table near a power source. If Host does not have furniture
suitable for location of the computer, the City may, at its discretion, provide a computer stand.
Auburn will provide a locking cable to allow the computer to be secured to the facility or
furniture. Host agrees to allow minor modifications to its facility or furniture if necessary to
provide a secure method of affixing the locking cable.
License for Pet Licensing Computer
Version date 12.18.12 _ 1 _
c. If available, Host agrees to provide internet access.
d. The computer will be configured to only allow access to the PetData site, no other
internet access pages will be allowed to display on the computer.
e. A restricted user account will be configured to launch on startup and will not allow the
user to make changes to the configuration of the computer. Auburn will configure the computer
for connection with its admininstrative credentials, but will not provide those credentials to the
Host.
f. Auburn will maintain the computer at its discretion.
g. Auburn reserves the sole right to remove the computer. If the computer fails, Auburn
retains the sole right to decide whether to repair it. Nothing in this Agreement requires Auburn to
replace a failed computer.
6. Assumption of Risk. Auburn assumes all risks and liabilities arising out of
Auburn's use of the Space..
7. Host's Responsibilities. Host agrees to take reasonable precautions to physically
secure the computer as it would any of the Host's own equipment. Host agrees to notify Auburn
as soon as practical if the computer is not working.
8. Notices. All notices, demands, consents, approvals and other communications
(each, a"Notice")which are required or desired to be given by either party to the other under
this Agreement shall be in writing and shall be(a) hand delivered, (b) sent by U.S. regular mail,
(c) sent by reputable overnight courier service, or(d)transmitted by facsimile machine (with a
copy, including the transmission sheet indicating successful transmission of the Notice by
facsimile machine, to follow by regular mail), addressed to the appropriate party at its address set
forth below, or at such other address as such party shall have last designated by Notice to the
other. Notice addresses for the parties are as follows:
To Host:
+Alter r,\ So u
To Auburn: City of Auburn
25 West Main St
Auburn, WA 98001
Attention: Innovation&Technology Department
Facsimile: (253) 876-1920
License for Pet Licensing Computer
Version date 12.18.12 - 2 -
9. Miscellaneous.
(a) Entire Agreement—No Oral Modifications. This Agreement and the
exhibits hereto constitute the final and complete agreement, and supersede all prior
correspondence, memoranda or agreements between the parties relating to the subject matter
hereof. This Agreement cannot be changed or modified other than by a written agreement
executed by all parties.
(b) Severability. If any term or provision of this Agreement shall,to any
extent, be held invalid or unenforceable,the remaining terms and provisions of this Agreement
shall not be affected thereby, but each remaining term and provision shall be valid and enforced
to the fullest extent permitted by law.
(c) Authori1y. Each person executing this Agreement represents and warrants
that he or she has the authority to so execute this Agreement and that no further approval of any
kind is necessary to bind the parties hereto.
DATED as of the day and year first set forth above.
AUBURN: CITY OF AUBURN,
a Washington cipa oration
By:
Its:
HOST : A v
By:
Its:
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License for Pet Licensing Computer
Version date 12.18.12 - 3 -