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ADDENDUM <br /> (WASHINGTON STATE TRANSPARENCY LAWS) <br /> The City of Everett("City")and Cayenta ("Vendor")are parties to the Professional Services <br /> Agreement made as of the 6th day of December, 2018 .The parties agree that the <br /> provisions of this addendum control all provisions of the Agreement: <br /> A. Scope. Regardless of anything to the contrary in the Agreement,all provisions in the <br /> Agreement that require the City to not disclose information or otherwise preserve <br /> confidentiality are strictly limited to the following: <br /> All Cayenta Product Documentation and Training Materials;Wiki information; and Product <br /> Release Notes and Roadmap information.(the"Confidential Records"). <br /> If the Parties desire anything additional be Confidential Records,then a new addendum shall <br /> be executed by the parties.The City has no nondisclosure or confidentiality obligations with <br /> respect to anything that Is not a Confidential Record as defined by this addendum. <br /> B. Washington Public Records Act.Vendor acknowledges that the City is subject to the <br /> Washington Public Records Act,chapter 42.56 RCW and other Washington statutes related <br /> to open government(collectively,the"Act"). If the City receives a records request under the <br /> Act that requests any Confidential Records,then the City shall give reasonable written <br /> notice to Vendor.The City has no obligation to provide such notice for anything that is not <br /> Confidential Records, If Vendor desires that the Confidential Records not be disclosed, <br /> Vendor shall commence an action in Snohomish County Superior Court before the disclosure <br /> date. Notwithstanding anything to the contrary in the Agreement,the City has no liability <br /> whatsoever to Vendor the disclosure of any record when that disclosure is consistent with <br /> the Act or with an order applying the Act entered by the Snohomish County Superior <br /> Court or a Washington appellate court. <br /> C. Agreement Not Confidential.Vendor acknowledges and agrees that the Agreement,work <br /> orders,service orders and similar documents stating work to be done for the City, pricing, <br /> and agreement terms and conditions are never confidential.All of these may be posted on <br /> the City's public website without notice to Vendor. <br /> D. Venue.The exclusive venue for any dispute regarding the subject matter of this addendum <br /> is Snohomish County Superior Court. <br /> CITY OF EVE N.HARRIS COMPUTER CORPORATION: <br /> M OR By: Scott MacKendrick <br /> Title: Executive Vice President <br /> A E <br /> CITY CLERK <br /> APP OVED AS TO FO <br /> CITY ATTORNEY <br /> PS between Cayenta and City of Everett 20 08/08/20I8 <br />