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05-106.00 Sopkane County, City of Spokane GIS Data Licensei GIS DATA LICENSE AGREEMENT THIS AGREEMENT is between the CITY OF SPOKANE, a Washington State municipal corporation, the CITY OF SPOKANE VALLEY, a Gashington State municipal corporation, and the COUNTY OF SPOKANE, a political subdivision of the State of T~~7ashington (jointly referred to as "City/County"), and the Geo-Graphics, LLC, whose address is 2690 $urnt Valley Rd Chewelah, TrlA 99109- (referred to as "Licensee"). The parties agree as follows: 1. LICENSE. The City/County grants to the Licensee a non- exclusive, non-transferable license to use the GIS digital data layers as designated in Attachment A, and hereby incorporated by reference, subject to the terms and conditions of this agreement. 2. LICENSE FEE. Upon delivery of Licensee shall pay a license/labor fee County) for countywide requests or th County, or City of Spokane, or the subarea requests as provided in incorporated by reference. the GIS digital ~ layerrs, the to the Main Licenser (Spokane e Active Licensors} (Spokane City of Spokane Valley) for Attachment A, and hereby 3. TERM. This agreement shall commence upon execution by all parties and continue until terminated. Either party may terminate this agreement at any time upon thirty (30} days written notice to the other party. Failure of the Licensee to comply +,vith this agreement may result in immediate termination of the agreement at the sole discretion of the City/County. This License agreement automatically terminates for the data provided within (30) days of the completion o~ City/County initated and/or authorized Contractor/Subcontractor projects. 4. USE OF GIS DIGITAL DATA. A. The GIS digital data layers may be used by the "Licensee for a.ts internal use, provided that it does not violate any state lavr restrictions. The GIS digital data layers are provided only for use in a computerized record keeping system or for study maps to depict the approximate location of existing and proposed facilities. 5. RESTRICTIONS ON USE. A. The GIS digital data layers shall not be duplicated or copied except for archival purposes, program error verification, or to replace defective media. B. The GIS digital data layers shall only be operated on computers under the control of the Licensee. C~5 i~~ ~\ / ~ ~' ~~ J, C. Exce~p~ as otherv.~ise provided, no copy L~~ the y~ ~ digital data layers shall be sold or transferred to a third party without the prior written consent of the City/County. This license agreement shall not be assigned, sublicensed, or otherwise transferred by the Licensee without the prior vrritten consent of the City/County. 6. TITLE. Except as otherwise provided, the City/County do not transfer any right, title, or interest in the GIS digital data layers to the Licensee. 7. FUTURE RELEASES. The City/County do not guarantee that any future releases of the same data will be in the same format nor even that the data v~il1 be available for release. The City/County vri11 from time to time shift the geographic location of map features to improve the accuracy of GIS data . 7~ny data the requester builds on top of the City/County data may require adjustment. The requester assumes responsibility for aligning and registering data to the CiL-y/County data, if necessary 8. WARRANTY. The GIS digital data layers are provided "AS IS", without any warranty of any type whether express or implied, including any warranties of merchantability or fitness for a particular purpose. The data contained in GIS digital data layers is subject to constant change and its accuracy cannot be guaranteed. The City/County does not warrant that the functions contained in the GIS digital data layers will meet the requirements of the Licensee or that the operation of GIS digital data layers will be uninterrupted or error free, or that any City/County's GIS data defects will be corrected. 9. LIABILITY. A. The Licensee assumes the entire risk, including quality, performance, and usefulness of any data requested. B. .In no event will the City/ County be liable for (i} special, indirect, incidental or consec,~uential damages, or (ii} any damages resulting from loss of data, frustration of economic or business expectations, loss of profits, revenues or use axising out of or in connection with this agreement, or the use of the GIS data layers provided hereunder, regardless of whether the Licensee has been notified in advance of such damages or whether such damages were foreseeable. This limitation of the City/County's liability vri11 apply regardless of the form of action, whether in contract or tort. Tn no event cvi11 the City's/ County's liability to the Licensee far any damages in contract or tort exceed the total amount paid by the Licensee for the GIS digital data layer (s} that causes said damages. The remedies provided for in this agree~~nent axe the sole and exclusive remedies for both parties. ~' ~ ~ C. The ~~~ensee expressly agrees to inden~'iiiy, u~-~~end, and hold harmless the City/County, and any of theix afficers, agents, employees or otherwise, from any and all liability, loss or damage that the City/County or any of its officers, agents, employees or otherwise may suffer as a result of claims, demands, actions, damages or injuries of every kind or nature ~•~hatsoever, by or to any and all persons or property, or judgments against the City/County or any of its o.f.ficers, agents, employees or otherv,~ise evhich arise either directly or indirectly from this agreement. 10. TERMINATION A. USER Rights. Upon the termination of this license, the rights of the User shall cease. B. Return of the GIS Digital Layers and Copies. The GIS Digital ~~ayers and any digital copies shall be returned to City/County within 30 days from the date this license is terminated. 11. VENUE.Any litigation regarding this Agreement or arising out of the performance thereof shall be commenced and maintained only in competent courts of jurisdiction within Spokane County, Washington. This Agreement shall be interpreted in accordance with the laws of the State of t~7ashington. 12. ALL WRITINGS CONTAINED HEREIN.This Agreement contains all of the terms and conditions agreed upon by the Parties. No other understandings, oral. or otherwise, regarding the subject matter of this Agreement shall be deemed to exist- or to bind any of the Parties. The Parties have read and understand all of the Agreement and that no representations, promises or agreements not expressed in the Agreement have been made to induce either to execute the same. 13. MODIFICATION.This Agreement may be modified or amended at any ta.mE by mutual agreement of the Parties. ?pia modification or amendment shall be valid until reduced to writing and executed with the same formalities as the present Agreement. 14. COMPLIANCE WITH LAWS. The parties hereto specifically agree to observe all k'ederal, State and local lacas, ordinances and regulations to the extent that they may have any bearing upon the services required to be performed by the parties under the terms of this Agreement. 15. SEVERABILITY. In the event that any portion of this agreement should become invalid or unenforceable, the rest of the agreement shall remain in full force and effect. j `~ ~ . ~ ~ ~ 16. WAIVE.. ~No waiver of any breach of this ~g:~:eeme~~~shall be held to be a waiver of any other or subsequent breach. Faalure of any party to enforce at any time any of the provisions of this Agreement or to requite at any tune performance by the other of any provision shall not in any way affect the validity of this Agreement or any part hereof, or the right of eitezerco hereafter enforce each and every such provision. 17. FORCE MAJEURE. No party shall be liable for failure or delay in performance of its obligations under this Agreement due to events of force majeure including, but not limited to strikes, ~~vars, revolutions, fires, floods, explosions, earthquakes, other acts of God, government regulations, or other causes beyond its control. 18. CAPTIONS. The captions contained herein are for convenience of reference only and shall not affect or be construed to affect the meaning or the terms of this Agreement. . ~ ~ ~ ~` ( GY S DA'1'A~CEiVSE AGREEMENT S z GNATUI2E PAGE ) ~ ~~ CITY OF SPOKANE By Deputy Mayor Attest: City Clerk DATED this day of 200_ Approved as to form: Assistant City Attorney CITY OF SPOKANE VALLEY Approved as to form: By ~~~ Community Development Director DATED tr-is ~~ day of c~nT~ 200 S, SPOKANE COUNTY Approved a to r . $Y= Geographic Znfox'ination Systems Manager DATED this / ~ day of , v 200 Geo-Graphics, LLC $Y • ~~ ~.~ Title: ~wtncr///d~1do ~r DATED this ~ fl day of r 200,6. ~~ J Attachment A LIC>H•NSE FFE SCHEDULE Layer Name Resolution Jurisdiction Attachment Date License Fee Pirc Stations Valley Only 4122/2005 SU.00 Pire Districts Valley Only 4!22/2005 50.00 Police Stations Valley Only 4122P2005 $O.UO Stremns Lakes 4/22120()5 50.00 Valley 4Vatershed l3ou 4/22/2005 $O.UU Valley Cornp Plan 4/22/2005 SU.UU Valley Water Distriets 4/22/2U(l5 S0.00 ~~lunicipal 13oundarys County ~4'idc 4/22/2005 S0.00 Parcels Valley Only 4/22/2005 50.00 •rotai So.oo Data provided on Apirl 2005 covers die City of Spokane Valley and parcel data for the County. It w ill be developer! ;end distributed via CD or DVD in a la}~ered I'DF file format only, marketed to real estate professionals. Data Format GIS Digital Data Transfers are provided in ArcJinfo. Other special formats are negotiable depending on the CitylCounty sofhvare capability and charged can a pe.r hour basis as a custom yucry. Most uvpotlant, the client should }mrnv that fom~ats other than Arcllnfo, such as TaX.F, have limited attribute handling capability. Licensee # 159 Geo-Graphics, LLC Revision Date: 4!2212005 i~~ ~ ~ ~ i S P Ca K A N E 4~~ i~.~1t i C O U N I X INFC~IZMATIot~! SYSTRMS DEPAirrMtENT WILLIAI~'i A. FIL'ULEI2, faIRFCTQR Marina Sukup; Enclosed are two items: (1) llle City of.Spol~:ar7e Volley - Spokcnie Coculty Interlocal ESRI FLA Agreement and a separate si~nage page from the same Agreement (which once sinned, will need to be returned to the L7aniela Erickson whose office is within the Commissioner's Offce here at the County). The invoice for year one of SRI-Ill's portion of the ESRI ELF agreement will be included in Spokane County 1Si7's regular SEtE-I=[0 December bill which you should be seeing within the First two weeks of January 2005. During 2005 ISD «=ill bill on a monthly basis for year two of the ES.RT ELA based on a the actual ESRI software licenses that are being used by the City of Spokane Malley. Please let me kno«~ if you ha~~e any further questions in regards to this agrceinent or if 1 can be of any assistance in any other matters related to Spokane County's GIS Program. Thanks again for all of your help and support. Sincerely, ~~ Ian Von Essen Spokane County GIS i'bianager ISD-GIS 815 N..Iefferson St. Spokane, VVA 99260-0400 509-477-6344 ivonessen@spokallecounty.org 815 ~V. JF.FFFRSOP! Sr., $FOKANE, tiM1'A 99260-(1100 • (509) 977-6020 • FAX (509) 977-4705 Return to: ~niela E~„~~;on .,~zrk of the Board 1116 West Broadway Spokane, Washington 99260 ~-~~pokax;~'~ ~t~lley Contract '~~o. CG:~._..~~ Approved: April 8, 2003 INTERLOC.~.I1 AGREEMENT BETWEEN SPOKAtt'E COUNTY .3 O30'~ Al~'D CITY OF SPOKAd`FE VALLEY REGARDIl~'G DATA PROCESSING SERVICES (April 2003 -Ae¢ember~31, 2004) TES AGREEMENT, made and entered into by and betweem Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 V~~est Broadway Avenue, Spokane, ~'Vashington, 99260, hereinafter referred to as the "COUNTY," and City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington, 9920b, hereiraafrer referred to as the "CITI'," jointly hereinafter referred to as the "PARTIES." WITNESSETH: ~'~'I~FRE.A.B, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of county property and management of funds and business; and VlrliEREAS, pursuant to chapter 35.02 RCVJ, the CITY of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date will commence operations as a cit} ,and WI~RFAS, pursuant to chapter 35.02 RCW, as of the official date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated azea transfers from Spokane County to City of Spokane Valley; and WSEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, the City of Spokane Valley desires to contract with Spokane County through its Information Systems Department to provide quality data processing ser~dces to its staff and residents. Page 1 of 8 1\iOW, T~REFORE, for and in consideration of the mutual promises set forth hereinafter, the FA.XZ'Z'xES do mutually agree as follo~~s: SECTIOI~F nTO. 1: PURPOSElSERY1CES The purpose of this Agreement is to set forth the terms and conditions under which COUNTY, through the Spokane County Infomiati_on Systems Department ("ISD") will pro~7de Data Processing Services ("Services") to CTI"Y. Such Services include Fixed Price Services and GIS Services. Such Services.aze more particulazly discussed in Attachments "A" and "B" attached hereto and incorporated herein by reference. SEC770N N0.2: D~CJ~RAT1<ON This Agreement shall commence upon execution by both PARTIES and run through 12:00 P.M. December 31, 2004, unless one of the PARTIES pro~~ides written nonce of termination as fw~her described in Sections No. 5 and 10 of this Agreement. SECTION 10.3: COST OF SERVICES AI\TD PAYMENTS CITY shall pay COUNTY the costs for Fixed Price Services to include Access to PRISM and Access to WebPadal as set forth in Attachment "A" attached hereto and incorporated herein by reference. CITY shall pay COUI\rl'Y the actual costs for GIS Services as set forth in Attachment `B," attached hereto and incorporated herein by reference. Actual costs of such GI.S specialists will include salary, benefits, supplies, materials, equipment, and administrative overhead costs as outlined in Attachment `B" which are directly attributable to such Services. The PARTIES agree that the costs sets forth in Attachments `B" are projected costs. COUNTY will charge CITY actual costs. Actual costs will include the actual direct labor, supervision, employee benefits, equipment rental, materials and supplies, utilities, subcontracted work and permits and overhead costs. Labor razes can be affected by overtime, extra holiday pay, shift difl`erential, labor contracts, and on-call rates. Accordingly labor rates set forth in Attachment `B" will be reviewed and modi5ed when required. COUNTY wti.ll notify CITY in writing of any changes to or modifications of such labor rates. COUNTY will bill CITY for t}ae cost of all Services, to include Fixed Price Services and G1S Services, monthly, during the first week of the month for the preceding month. Payments by CITY for these services urill be due within 30 days of bi]ling. At the sole optson of COUNTY, a penalty may be assessed on any late payment by CITY based on lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. Page 2 of 8 ~~ ~ ~) ~ ~ ~~ ~r t ~c end of calendar year 2.003 and ca~end~r year ~0~, using acts-a] exp~ndit~res fvr all itc~vs set forth i~ ~4ttachment °`B" ~>'J'1"'S~ will defieratinc whether or not the e.ima.tcd host; used the basis for establishing the budget were arcurafie, To the extezit that CITY gas over billed in any year, it wY)a receive a credit to be applied as mut~rall agreed. Yf ~` way under billed, it will receive a debit in the subsequent billing- The adjustment will normally take place in TvYarc)~ oi:'the year following the year eaices were p'orrned, Ta the ekont irhafi GT!' was over billed in any year, it will reagve a credit to be applied as uznty agreed- If 1"T vvas under bill it will receive a debit in ~e subsequent billing. 'I'he adjvs~ent will normally take place in Ivlarel~ . but n-o later than June 34a' ("daze of determination"} of the ~~ear foDo~vrgg the year ervires ~rcre performed. t the sole discretion of fibe TTY, i.u tb.e case of over billing, or the sole discretion of the ~~TI', in the case of au render billing, the pait}r zuay request interest on such amount rased on last interest P.~rnings had the tend-er billing-az~aount been in~+ested since tl~e end of the cal~,~ndar year to fibc date of determination in the go)~ane bounty Treasurer's In~~eskment Peal or tlye over billing amount been invested since t><7e end of the calendar year to the date of d-efemvnation in the ashir~gfion pities Investment Pool- SI~G~P~ ~. 4: ~P£11~F1=6)tLi' Jn conjurre~on with ~~TIx] l' providing the services described in E'FI~' 7~~. 1 1'I`1~ dogs ~a} Confer on OCTI~lT the authority to per#'onn the l.S and mapping main#~;naoce services within Tl ~,mi#s for the purposes of carrying out this Agreement, (~~ .gree that when C~~]I~iT pro~-icles Services CU'`~ ID may exercise all the powers and perform all the duties vested by Ia~~r or by resolutior! in ~.e CFITY or other o~oez or depax#ro.ent charged by CTS' with data processing services {c) Agree that the IT sl'ia11 be zesponsible ~'or providiz.~ worlcspar.~ and furr~is)~,i~g phones, desk, chair and any other iteFns deemed necessary ~'or ~ specialist to perform their worl~ at theiz site. pAl~t">:'TF.S agfee khat in connec{~-n.~ their nexwoxks to ea~i ctlyex tl5ey recognize their respective responsibilities to ~i~ maintain Virus protectZOn on all ~~ and ~LT7'' desl~ops and servers as well as iii} maintain a properly eonfigu.red firewali an any other connections into the TI` or ~J?~ networks fpr the protection of the Wide Area etwor)~ corr~prised of ~~, City o#' Spokane Valley, City of pol~ane, Spokane County Regional I~ealth .L~ist<ict, Spokane Transit Authority, and the State of V4~ashintan- `t TI~I~ I~~. ~: DTI All notices or othez communicatio~.s given hereunder shall be deemed given on: l) the da}~ s~cl~ notices or other coznmrmications are received when sent by personal delivery; or ~ fi}re third day following the day on u~hicl; the see have been maned b first cuss delivery, postage prepaid addressed to I'A,TIE at t1~e address sit forth below, or at such cthez address Page 3 ai S l ~ ~ ~ ~ ~ ~_ as the PARTIES shall from time-to-time designate by notice in waiting to the other PARTIES: COUY~7Y: Spokane County Chief Executive Officer or hislber authorized representative 1116 Wcst Broadway Avenue Spokane, Washington 99264 Spokane County Director of ISD S 15 North Je$erson Spokane, Washington 99260-0400 CITY: City of Spolo~nc Valley City Manager or hislher authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite ] 06 Spokane Valley, Washington 99206 SECTION NO. 6: COUNTERPARTS This Agreement may be executed in any nurAber of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION N0.7: SUBCONTRACT COUN'T'Y may subcontract any of its responsibilities set forth herein pro~~ided COUNTY retains the appropriate supervision anal inspection. of the contractor's work.. SECTION' NiO. 8: LLABT.C,ITY (a) COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of COUNTY, its officers, agents and. employees, or any of them relating to or arising out of performing services pursuant to this Agreement. Zn the event that any suit based upon such claim., action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to pa~cipate in said suit if any principle of governmental or public law is involved; and if final judgment i.n said suit be rendered against CITY, and its ofcers, agents, and employees, or any of them, or jointly against CITY and COUNTY and their respective officers, agents, and employees, C0~1TY shall satisfy the same. (b} CITY shall indenwify and hold harmless COUNTY and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of CTI'Y, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any Page 4 of 8 ~~ ~ ~~~ principle of governmental or public law is involved; anal if final judgment in said suit be rendered against COT31\'T'Y, and its officers, agents, and employees, or any of them, or jointly against COZJN'TY and CITY and theiz respective officers, agents, and employees, CITY shall satisfy the same. (c) The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter ~ 1 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified party with a fU]1 and complete indemnity of claims made by the indernnitor's employees. The PARTIES aclmowledge that these provisions were specifically negotiated and agreed upon by them. (d) COl1NTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement v~2th coverages of not less than $5,000,000 per occurrence with $x,000,000 aggregate limits including auto liability coverages. SECTION NO.9: RELATIONSL~ OF TF.IE PARTIES The PARTIES intend that an independent contractor relationship will. be created by this Agreement. No agent, employee, servant or representative of COUNTY shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall b$ deemed to be an employee, agent, servant or representative of COUNTY for any purpose. SECTION NO. l 0: iV10DIFICATION AND TERIVIJNATION This Agreement may be modified in writing by mutual agreement of the PARTIES. Either Party may terminate this Agreement for any reason whatsoever upon a miniinuna of 90 days written notice to the other Party. Any Party may temlir-ate this Agreement upon a material breach by the another Party, provided the Party seeking to terminate the Agreement shall pro~~ide at least 30 days writfen notice and an opportunity to cure to the breaching Party. Upon termination, CITY shall be obligated to pay for only those Services rendered prior to the date of termination. SECTION NO. 11: PROPER'l"Y AND EQ>ITIPA7ENT The ownership of all property and equipment utilized by COUI~zTY or CITY respectively in providing Services or meeting its obligations under the terms of this Agreement shall remain c~~ith Party providing such property or equipment unless specifically and mutually agreed by the PARTIES to the contrary. Page 5 of 8 l ~ ~ ~ , SECTION \j0. 12: GE\'ERA;I. TEItri1.S fihis Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there aze no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. Both PARTIES agrees to aid and assist the other Party in accomplishing the objectives of this Agreement. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION N0.13: VENUE STZFUL ATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each Party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdic- tionwithin Spokane County, Washington. SECTION I`TO.14: SEVER4BI.LITY It is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PART]ES shall not be affected in regard to the remainder of the Agreement. If it should appear that any pact, term or proti~ision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that Tray be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to com,forca to such statutory provision. SECTION NO. 15: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 16: CONTR4CT ADM[NISTRATIO~1 COUI~ITY will identify specific COUNTY liaisons to handle day-today operational activities related to Services. CITY will identify a liaison for the same purposes. The liaisons will meet regularly to review the performance of this Agreement. Page 6 of 8 /~ 1 ~ ~ ~ i \ ~~ The PARTIES shall each appoint representatives to review contract perfomaance and zesol.ve problems, which cannot be dealt with by COUNTY and CTTY liaisons. The PARTIES shall notify the other. i.n writing of its designated representatives. COUNTY and CITY liaisons Rill meet periodically, with either Party authorised to call additional meetings with ten days written notice to the other. Any problem., which cannot be resolved by the PARTIES' designated representatives, shall be referred to C1fiY A~Ianager and the Spokane County ISD Director for settlement. SECTION NO. 17: AUDITS AND I1~7SPECI'IONS The records and documents, with respect to all matters covered by this Agreement, steal] be subject to inspection, review, or audit by COUNTY or CITY during fhe term of this contract and three (3) years after termination. SECTION NO.18: REPORTING COUNTY shall provide a mutually acceptable quarterly report to CITY that will contain information relating to Services performed during the preceding quarter. CO(Jl~r!"Y agrees to keep such records and make such separate reports as are reasonably necessary for CITY to ascertain performance and cost accounting for Cl'~'Y'S budgetary and management needs. SECTJCON NO. 19 RECORDS All records (except as set forth in Section 18) prepared or produced by COLTrTY in conjunction providing services to C1TY under the terms of this Agreement shall. be the property of the COUNTY. Upon termination of this Agreement, COUNTY agrees to make copies of all such records, which may be requested by CITY. SECTIOl~' NO.20: STAFFING COUNTI' shall hire, assign, retain. and discipline all employees perfomaing Services under ties Agreement according to collective bargainisag agreements and applicable state and federal laws. COUNTY agrees to meet and confer with CITY with respect to GIS Specialist assigned to provide Scr~~ices at its site. To the extent that COUNTY has more than one GIS Specialist available to pro«de such ser~~ices, it will allow the CITY to select the assigned GIS Specialist. SECTION N0.21: ASSURANCE COUNTY represents and assures CITY that n.o other city or town or muaaicipal corporation will receive more favored treatment in receipt of Services Haan that made available to the CTIY for similar serrvices. Page 7 of 8 _- \ `~ % ~~ l .. Ir ~'VITN.~SS `REOF, the PARTIES have caused this Agreement to be executed on dale and year opposite their respective signatures. DATED: ~ ; /5 03 ATTEST: VICKY M. DALTC CLERK OF THE 13 o~ CO"~s s 0 OQ" . QQC' ~ COG fO~ • i ° '•_ ®~ - `~ , sE.~ . ' ~ ~ `~itr~ ~,,-~'t~ :i aniela Erickson, Deputy DATED: ~ ~_s~~ City Clerk Approved as to form only: A 'ity A ey BOARD OF CO~[J?~-T'Y COM1vIISSTOI~'ERS OF SPOK/A~I~i®E, COUNTY, VJASHII~iGTON /"~®~~~~ JOHN ROSKELLEY, CITY OF SPOKA~FE VALLEY: By: Its: ~„ ~`e.r~ (~,~f~, /YI er (Title) v i Psge 8 of S F`.CX~D PRICE SERVICES Spokane County «7ll provide the following Fixed Price Services within CITY limits of Spokane Valley. Actual levels of Fixed Price Service provided by COUNTY will be those adopted by CITY and COUAITY iu annual budget processes. Fixed Price Sen7ces levels as set by CITY shall reflect CITY pola.cies and may or may not be similar to COUNTY policies. (1) Access to PRISM $35.00 /user/ ip /month for an indefinite term uziless modified by parties as herein provided. (2) Access to WebPadal $35.00 /user/ip /month for az~ indefinite term un]ess modiffied byparties as herein provided.. ATfiACH1V~N~' "A" . /' ~ GIS SERVICES Cost-Itemization contract for GIS Services' for the CITY of S okane Valle If the choose 50% Services. nnual Costs Contract Period Costs April 2003-Dec 2004 onthly cost 50% Monthly Billing for Contract Period Employee Software Maintenance Arclnfo $1,520.40 $2,660.70 $126.70 $63.35 COGO $217.20 $380.10 $18.10 $9.05 ArcView $217.20 $380.10 $18.10 $9.05 Phofosho $'200.00 $350.00 $16.67 $8.33 Pagemaker $200.00 $350.00 $16.67 $8.33 Sala lus benefits : G1S S ecialist $56,161.00 $98,281.75 $4,680.08 $2 340.04 ISD Mana ement Su ort Overhead $J3,083.57 $22,896.25 $1,090.30 ~ $545.15 UNIX Deskto Su ort: Sun / Citrix $1 849.76 $3,237.08 $154.15 $77.07 G1S Pro ram /Database A dmin Su ort: $5 568.08 $9,744.14 $464.01 $232.00 Avista Digital Orthos Access: Full CITY of Spokane Valley Access $5,800.00 $10,154.00 $483.33 $241.67 ' , Total Monthly billing for 50%GIS Tech. 3,534.05 ~•~ ~~i ~~~~~ - ~~1~ 1,~ ~.~~ ruu nme cmpioyee ror a m,n,mu,m of 6 months. This will give the CITY the usage of a GIS ana]yst for 18 hours and 45minutes a week on a mutually agreed upon work schedu]e. Any usage over SO% for this employee will be billed at the GIS analyst's actual hourly rate. Detailed time sheets will be provided with each billing. It is the intention of the CITY to contract for one half (.S) FI'E GIS Specialist services for six (t7 months as well as retain the right to request additional hours of services at rates herein listed during the term of the Agreement, subject to the COUNTY'S ability to provide the additional services. CITY and COU-NTY uray extend or adjust G1S ser~~ices and terms as mutually agreed according to the conditions of the Agreement. The CITY will abide by all applicable COUNTY union contract terms regarding working conditions and will provide breaks and lunches as outlined in the COUNTY Master Contract and ISD's addendum to said contract... COUNTY will provide copies of such contract and addendum to CITY. ~,. ATTACHII~ENT "B" ._ ~ ~ ~ ~; 5 4 1050 No. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKAN>~ COUNTY, WASHII~IGTON IN THE NiAT"1 ER OF EXECU'T'ING ENTER.PRIS.E LICENSE AGREEMENT N0.2004FSL6082 BE'I'~VE>/N ENVIItONMENTAL SYS'1'EIvIS RI:S);ARCH INSTITUTE, .INC. AND SPOKANE COUNTY FOR THF_ ACQUISITION AND USE OF SELECTED SOFTWARE, DATA, DOCUIvIENTATION, TECHi\TICAL SUPPORT, MAIN'1~NANCE, AND TRAINI~FG, AS R'ELL AS THE EXECUTION OF AN T.1V'T]rRLOCAL AGREEMENT ~VITT3 TIC CITTY OF SPOKANE, CITY OF SPOKANE VALLEY, THE HEALTH DISTRICT, AND TI-IE SPOKANE REGIONAL TRANSPORTATION COUNCIL FOR TI•IE USE OF THE SOFItiVARE COVERED U1~TDBR ENTERPRISE LICENSE AGREEMENT \TO.2004ESL6082 1tESOLU'1'iON WHE1tEAS, pursuant to the provisions of the Revised Code of Washington (RC'~'V) Section 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHER,IaAS, Bill Fielder, Director of Information Systems, has recommended that Spokane County acquire and use selected ESRI Software, Data., Documentation, technical support and maintenance, and selected training over a three (3) year period from )environmental Systems Research Institute, Inc., 380 New York St., Redlands, CA 92373-8100 subject to a payment of fees and under the terms and conditions set forth in the attached Enterprise License Agreement No. 2004I?SL6082; and WHEREAS, in addition to Spokane County, several eligible agencies listed in the Enterprise License Agreement No. 2004ESL6082 are authorized to receive and use selected software, data and document~~ttion, with Spokane County acting as the lead agency responsible for management, administration, oversight and redistribution of the software identified in the Agreement; and redistribution, use and control of the selected ESRI software, data and documentation provided to these eligible agencies by Spokane County shall be in accordance with the terms of Enterprise License Agreement No. 2004ESL6082 via an interagency agreement that shill flow through the requirements of the Agreement to the eligible agencies; and R'H.I{aREAS, the City of Spokane, City of Spokane Valley, the Spokane Regional Health District., and the Spokane Regional Transportation Council are the eligible agencies designated in Enterprise License Agreement No. 2004ESL6082 to receive and use selected software, data and documentation, and are desirous of entering into interlocal agreements with Spokane County to accomplish that purpose (a copies of those interlocal agreements are attached hereto and incorporated by reference); and ~VHERI;AS, Bill Fielder, Directar of Information Systems, has recommended that the Board of Count}~ Commissioners authorize him to execute, at other than a public meeting: on behalf of the County, the iZESOLUT101~1--1 .. _ ~~. ~ 4 1050 ~~ attached Enterprise License Agreement No. 2004ESL6082 and the attached interlocal agreements with the City of Spokane, City of Spokane Valley, the Spokane Regional Health District, and the Spokane Regional Transportation Council. NOW, THERErORE, B>Ea IT HEREBY RESOLVED, by the $oard of County Commissioners of Spokane County that: (1) Spokane County acquire and use selected ESRI Software, Data, Documentation, technical support and maintenance, and szleeted training over a three (3) year period from Environmental Systems Research Institute, Inc., 380 New York St., Redlands, CA 92373-8100, subject to a payment of fees and under the terms and conditions set forth in the attached Enterprise License Agreement No. 200.4FSL6082; and (2) bill Fieldee, Director of Information Systems, is authorized to execute, at other than a public meeting, on b~chalf of Spokane County, the attached Enterprise License Agreement \jo. 2004ESL6082 and the attached interlocal agreements with the City of Spokane, City of Spokane Valley, the Spokane Regional Health District, and the Spokane Regional Transportation Council. ADOPTED by the Board of County Commissioners of Spokane County, Washington this ]4'r' day of December 2004. ~vf COMM,tSSI~ ~Q o~l~ CpG~i, p~ d '~ •t . s y i~Ci ~ ~- o :lti ATTEST: VICKY M. DALTON CLERK F THE BO By: Daniela Erickson, Deputy BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON RESOLUTION --2 r T Mielke, Commissioner