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Kittitas Harris Professional Services Agreement v1_Final
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2024-03-05 10:00 AM - Commissioners' Agenda
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Kittitas Harris Professional Services Agreement v1_Final
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Last modified
2/29/2024 1:11:38 PM
Creation date
2/29/2024 1:11:27 PM
Metadata
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Meeting
Date
3/5/2024
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve and Authorize the Auditor to Sign the Cayenta Financial Software Contracts
Order
2
Placement
Consent Agenda
Row ID
115019
Type
Contract
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<br /> <br />(B) assuring proper installation, configuration, verification, audit controls and <br />operating methods for its computer systems; and <br />(C) implementing proper procedures to assure security and accuracy of input <br />and output and restart and recovery in the event of malfunction. <br />ARTICLE III <br />REPRESENTATIONS AND WARRANTIES <br />3.1 Warranty <br />Harris warrants that the Professional Services will be performed in a professional and diligent manner by <br />personnel who are competent in performing their individual tasks. <br />Harris shall have no liability hereunder if the Organization has modified or interfered with the Professional <br />Services in any manner without the prior written consent of Harris. <br /> <br />3.2 No Other Warranties <br />TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE LIMITED WARRANTY PROVIDED IN <br />SECTION 3.1, THE PROFESSIONAL SERVICES ARE PROVIDED TO THE ORGANIZATION “AS IS” AND THERE <br />ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR <br />ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR <br />OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED <br />HEREUNDER OR IN CONNECTION HEREWITH. <br /> <br />HARRIS, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS <br />REGARDING THE PROFESSIONAL SERVICES, SOFTWARE AND MATERIALS PROVIDED HEREUNDER OR IN <br />CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, <br />MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. <br /> <br />HARRIS DOES NOT REPRESENT OR WARRANT THAT THE PROFESSIONAL SERVICES SHALL MEET ANY <br />OR ALL OF THE ORGANIZATION’S PARTICULAR REQUIREMENTS, OR THAT ALL ERRORS OR DEFECTS IN <br />PROFESSIONAL SERVICES CAN BE FOUND OR CORRECTED. <br /> <br />NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT <br />SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED SIGNING <br />OFFICER OF HARRIS. <br />ARTICLE IV <br />FEES AND PAYMENTS <br />4.1 Fees and Payments <br />(a) The Organization agrees to pay Harris the Professional Services fees set out in the <br />applicable Statement of Work, which details the associated fee structure and payment <br />schedule. The fees set out in a Statement of Work are exclusive of taxes. Organization <br />agrees to pay all foreign, federal, state, provincial, county or local income taxes, value <br />added taxes, use, personal, property, sales and any other taxes, tariff, duty or similar <br />charges that may be levied by a taxing authority (excluding taxes on Harris ’ net <br />income).The Organization agrees to reimburse Harris for direct expenses incurred in <br />providing the Services, including but not limited to travel, lodging, meals, and other out of <br />pocket expenses as set out in the applicable Statement of Work.
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