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ADDENDUM <br /> (WASHINGTON STATE TRANSPARENCY LAWS) <br /> The City of Everett ("City") and Cayenta ("Vendor") are parties to an <br /> agreement entitled "An Upgrade for Cayenta Financials" (the "Agreement"). The <br /> parties agree that the provisions of this addendum control all provisions of the <br /> Agreement: <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 /> the following: <br /> All Cayenta Product Documentation and Training Materials; Wiki <br /> information; and Product Release Notes and Roadmap information. <br /> (the "Confidential 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 with respect to anything that is <br /> not a Confidential Record as defined by this 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 /> the Agreement, the City has no liability whatsoever to Vendor the <br /> disclosure of any record when that disclosure is consistent with <br /> the Act or with an order applying the Act entered by the <br /> Snohomish County Superior Court or a Washington appellate <br /> court. <br /> C. Agreement Not Confidential. Vendor acknowledges and agrees that <br /> the Agreement, work orders, service orders and similar documents <br /> stating work to be done for the City, pricing, and agreement terms and <br /> conditions are never confidential. All of these may be posted on the <br /> City's public website without notice to Vendor. <br /> 1 <br />