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Fracta 1/28/2020
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Fracta 1/28/2020
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Entry Properties
Last modified
1/30/2020 9:32:32 AM
Creation date
1/30/2020 9:32:04 AM
Metadata
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Template:
Contracts
Contractor's Name
Fracta
Approval Date
1/28/2020
Department
Purchasing
Department Project Manager
Theresa Bauccio Teschlog
Subject / Project Title
Software Subscription Service
Tracking Number
0002175
Total Compensation
$88,000.00
Contract Type
Agreement
Contract Subtype
Technology
Retention Period
6 Years Then Destroy
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ADDENDUM <br /> (WASHINGTON STATE TRANSPARENCY LAWS) <br /> The City of Everett ("City") and Fracta, a California corporation ("Vendor") <br /> are parties to an agreement entitled "Software as a Service Subscription" (the <br /> "Agreement"). The parties agree as follows: <br /> A. Scope. Regardless of anything to the contrary in the Agreement, all <br /> provisions in the Agreement that require the City to not disclose <br /> information or otherwise preserve confidentiality are strictly limited to <br /> those on the following list: <br /> 1. Fracta's algorithms and methodology for estimating likelihood of pipe <br /> failure, <br /> 2. Fracta's algorithms and methodology for estimating consequences of pipe <br /> failure <br /> 3. Fracta's algorithms and methodology for estimating business risk exposure <br /> 4. Fracta algorithm and methodology used for planning jobs in the <br /> Fracta Job Planner application <br /> 5. Fracta auto-wrangler and methodogy for assessing, cleaning, normalizing <br /> and transforming data for use in Item <br /> 6. Software documentation including but not limited to user and help <br /> guides, release notes, product roadmap, and training materials. <br /> 7. <br /> The items in the list above are referred to as the "Confidential <br /> Records". <br /> If the Parties desire anything additional be Confidential Records, then a <br /> new addendum shall be executed by the parties. The City has no non- <br /> disclosure or confidentiality obligations under the Agreement with <br /> respect to anything that is not a Confidential Record as defined by this <br /> addendum. <br /> B. Washington Public Records Act. Vendor acknowledges that the City is <br /> subject to the Washington Public Records Act, chapter 42.56 RCW <br /> and other Washington statutes related to open government <br /> (collectively, the "Act"). If the City receives a records request under the <br /> Act that requests any Confidential Records, then the City shall give <br /> reasonable written notice to Vendor. The City has no obligation to <br /> provide such notice for anything that is not Confidential Records. If <br /> Vendor desires that the Confidential Records not be disclosed, Vendor <br /> shall commence an action in Snohomish County Superior Court before <br /> the disclosure date. Notwithstanding anything to the contrary in <br /> 1 <br />
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