2025/11/12 Council Agenda Packet

3. TREATMENT OF ASSETS:COMPUTER APPLICATION PROGRAMS AND OTHER SOFTWARE SYSTEMS FURNISHED TO AGENCY BY THE COUNTY ARE FURNISHED ON AN “AS IS” BASIS WITH NO REPRESENTATIONS OR WARRANTIES REGARDING USE OR RESULTS INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS INDICATED IN A WO FOR SERVICE. Agency Data: “Agency Data” means the data provided or input by or on behalf of Agency, and User or Affiliate of Agency or any authorized Third-Party User for use with the services. Agency shall own all rights, title and interest in and be completely responsible for the Agency Data, which shall never be deemed to be property of the County, even if delivered or incorporated therewith into any custom software or service provided by the County. The County shall have no responsibility whatsoever for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of Agency Data, and the County shall not review, monitor or check the Agency Data except as necessary to provide the service to Agency. The County shall not be responsible for, or liable, in any way, for the deletion, destruction, damage, breach or loss of any Agency Data through no fault of the County or its providers. Property: Title to all property furnished by the County shall remain in the County. Title to all property purchased by Agency for which Agency is not reimbursed by the County shall remain the property of Agency. Title to all property purchased by Agency for which Agency is reimbursed by the County and is used as a component of services provided under this Agreement shall pass to and vest in the County upon completion, termination, or cancellation of the relevant WO or this Agreement. Any property of the County furnished to Agency shall, unless otherwise provided in this Agreement, or approved by the County, be used only for the performance of this Agreement or a WO. Agency shall be responsible for any loss or damage to County property that County furnishes to Agency. If County property is lost, destroyed, or damaged, Agency shall immediately notify the County and shall take all reasonable steps to protect the property from further damage. Surrender of Property: Agency shall surrender to County all property belonging to County upon completion, termination, or cancellation of this Agreement. Conversely, County shall surrender to Agency all property of Agency upon completion, termination, or cancellation of this Agreement. 4. Time of Performance: Pursuant to RCW 39.34.040 this Agreement shall become effective upon signature by both parties and either (a) listing of the Agreement by subject on either party’s web site or (b) recording of the Agreement with the Snohomish County Auditor. The Agreement shall remain in force for a period up to five (5) years, unless terminated earlier by either party upon ninety (90) days prior written notice to the other party.