Cayenta 11/26/2018 (2) - Laserfiche WebLink

ADDENDUM (WASHINGTON STATE TRANSPARENCY LAWS) The City of Everett ("City") and Cayenta ("Vendor") are parties to the Professional Services Agreement made as of the day of . The parties agree that the provisions of this addendum control all provisions of the Agreement: A. Scope. Regardless of anything to the contrary in the Agreement, all provisions in the Agreement that require the City to not disclose information or otherwise preserve confidentiality are strictly limited to the following: All Cayenta Product Documentation and Training Materials; Wiki information; and Product Release Notes and Roadmap information. (the "Confidential Records"). If the Parties desire anything additional be Confidential Records,then a new addendum shall be executed by the parties.The City has no nondisclosure or confidentiality obligations with respect to anything that is not a Confidential Record as defined by this addendum. B. Washington Public Records Act. Vendor acknowledges that the City is subject to the Washington Public Records Act, chapter 42.56 RCW and other Washington statutes related to open government (collectively, the "Act"). If the City receives a records request under the Act that requests any Confidential Records,then the City shall give reasonable written notice to Vendor.The City has no obligation to provide such notice for anything that is not Confidential Records, If Vendor desires that the Confidential Records not be disclosed, Vendor shall commence an action in Snohomish County Superior Court before the disclosure date. Notwithstanding anything to the contrary in the Agreement, the City has no liability whatsoever to Vendor the disclosure of any record when that disclosure is consistent with the Act or with an order applying the Act entered by the Snohomish County Superior Court or a Washington appellate court. C. Agreement Not Confidential. Vendor acknowledges and agrees that the Agreement, work orders, service orders and similar documents stating work to be done for the City, pricing, and agreement terms and conditions are never confidential. All of these may be posted on the City's public website without notice to Vendor. D. Venue. The exclusive venue for any dispute regarding the subject matter of this addendum is Snohomish County Superior Court. CITY OF EV -s■ • N. HA$RIOOIkIPUTEI2,L?ORYO.ItATION: r f MAYOR ;'Byy: Richard Goodfellow Title: Director, Sales and Marketing ATTE' CIT CLERK APP•OVED AS TO FORM: CITY ATTORNEY • • •enta and City of Everett 12 08/08/2018