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Home My WebLink AboutSH21-050 Agreement-Clancy Systems and KCSOAGREEMENT BETWEEN Clancy Systems International, 2149 S. Grape St. Denver, Colorado 80222 and Kittitas County Sheriffs Oi 307 W. Umptanum Rd. Ellensburg, WA 98926 This Agreement made and entered into this 1 st day of Janua, 2022, by and between County of Kittitas Sheriffs Office, hereinafter referred to as "Custo er" and Clancy Systems International, Inc., hereinafter referred to as the "Company". WITNESSETH WHEREAS, Customer has determined that computerizing and monitoring some of its installation will be of benefit; and WHEREAS, the Company is in the business of providin a computerized parking control and enforcement systems that may prove to be effective a d compliment Customer parking operations; and WHEREAS, the Company has evidenced a willingness to for Customer on a service contract basis. NOW, THEREFORE, in consideration of mutual herein set forth, it is agreed as follows: and implement its system promises and agreements I . PORTABLE DATA ENTRY EQUIPMENT The Company will provide all cellular data entry terminals an accompanying printers for use by the Parking Enforcement personnel in the field to is ue citations. 2. OFFICE EQUIPMENT The Company will supply charging devices to recharge printers and cell phones. 3. SUPPLIES The Company will procure all preprinted citation forms, ayment envelopes, and batteries. 4. EQUIPMENT WARRANTY The Company warrants all equipment. At any time during the contract, or any renewal thereof, Company will provide for repair or replacement of equipment Jbr malfunction without extra charge. Repair or replacement for abuse, misuse or damage by disaster or theft is not covered and repairs or replacement costs will be billed at actual cost. Customer recognizes that the field units are computers and printers, and, although ruggedized for portable use, do require care to ensure the integrity of same. The user shall take required measures to protect from frequent drops, exposure to extreme weather conditions and at all times treat the equipment with respect. T1 e Company will provide special mounts, mounting materials and plastic covers upon the reques of Customer. 5. SYSTEM PROGRAMS AND DATA All system programs and data will be hosted under Clancy's c accessed by customer via the internet. 6. INSTALLATION The Company will install the System (System is defined herein above or listed on any exhibit and all custom software for ticks management). Initial training will be done by tele -conference. are provided by telephone without limit. . 7. SOFTWARE computing environment and as all hardware described t issuance, processing and ongoing training and support The Company will produce all custom programming and pros dures for both the office computers and data entry terminals to reflect Customer requirenients. Company personnel will devote such time as is necessary to familiarize themselves with Customer protocol for citation generation and the general geography and logistics of Customer. The software will operate on the Company's Cloud providing departments that require use and access of system. The Company will provide ticket management software complaint generation, notices, permit information manag required. System software and data will be held for customer on the Corr computing environment. Customer shall have full access to the password assignment. Customer agrees to notify Company of a Washington Public Records Act, RCW 42.56, and to allow the days to object to the request and seek injunctive relief pursuant this contract document are not subject to this provision, which, proprietary information. access for all agency ling ticket management reports, as well as other reports as zany's server system, in a cloud programs and data by secure iy request pursuant to the ',ompany at least 15 working .o RCW 42.56.540. Requests for pplies only to potentially The Company shall put forth best efforts to deliver the initial system software and any additional software provided to, or developed for Customer ir error free form. Company shall promptly debug and correct any deficiencies upon notice of d fect from Customer. S. DATA OWNERSHIP The customer's data records belong to the customer. The so are has a full extract module that allows the customer to extract the data in any of five formats ( cel, Fixed Length ASCII, CSV, DBF, DIF). Photos can be sent to a FTP site for c ownload or put on media (i.e. thumb drive). 9. SITE LICENSE By execution of this contract and any extensions thereof, Customer is granted a site license to use the system software and any modifications or customiz ition thereof to operate its computerized parking citation issuance and management operat ons. This software is protected by both United States copyright lav r and international treaty provisions. Clancy grants Customer the right to make archival copies of the software for sole purpose of backing up and protecting your data from hazard or oss. You may not give copies to another person, city, organization or duplicate the softwo re by any other means including electronic transmission. In the event that any litigation. should arise concerning the constn ction or interpretation of any of the terms of this Agreement, including with regard to the Washin on Public Records Act as described in Section 7, above, the venue of such action of litigatic n shall be determined pursuant to RCW 36.01.050. The statements in this section of the contr, et shall be construed, interpreted and governed by the laws of the state of Colorado. 10. CONSULTING SERVICES The Company agrees to be immediately available for consultation by telephone when required. With 5 business days notice, a representative can consultation if/when required. The Customer will be billed all 11. UPDATES The Company will provide updating and improvements to the technology becomes available. Such updates shall include updates and software enhancements and will be provided at n Software updates and enhancements shall be delivered on 12. TRAINING The Company will provide training for operators who will be in the field and for all personnel who will work on system rr 13. SUPPORT The Company shall provide Ongoing system support for the renewal period thereof. Support shall include telephone delivery of critical materials, and on-site visits as required. 14. ACCESS Customer will provide the Company with reasonable and app writing parking tickets and to data processing personnel who systems. 15. SYSTEM FEE COSTS available at Customer for vel costs. system as needs arise and as new xdware upgrades, software additional cost to Customer. lne via FTP site. the ticket issuance devices ment on agency workstations. of the contract and any rt, on-line support, overnight -fate access to both the operators 1 be using the computer Customer agrees to pay $70 per month for each wireless field i nit (includes cellular service) and $150 per month system }icense/support/servcr fee. Customer agrees to pay thirty-eight cents for each ticket form purchased (this includes envelopes or remittance). Any applicable WA state taxes for system and supplies will be added. Any on Re visits requested by customer shall be reimbursed to Company at actual travel costs. 16. NON-DISCRIMINATION CLAUSE The Company agrees not to discriminate against any employed or applicant for employment because of age, race, creed, color, sex, national origin or ancestry. The Company shall take affirmative action to insure that employees are treated without regard to their age, race, creed, color, national origin, sex or 'ancestry. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, of ay or other forms of compensation and selection ;for training, including apprenticeship. In the event of the Company's non-compliance with this non-discrimination clause, the contract may be canceled or terminated by Customer. The Company may be declared by Customer ineligible for further contracts with Customer until s tisfactory proof of intent to comply shall be made by the Company. The Company agrees to include this non-discrimination with the performance of this agreement. 17. NOTICE Any written notice provided for hereto shall be deemed when the same is deposited 'n the United States mail, postage the party to whom such notice is directed. Proper address of th Customer: Kittitas County Sheriff's Office 307 W. Umptanum Rd. Ellensburg, SVA 98926 Company: Clancy Systems International, Inc. 2149 S. Grape St. Denver, CO $0222 18. PROPERTY TAX, SALES TAX, USE TAX, LICENSES in any subcontracts connected roperly mailed and delivered )repaid and properly addressed to two parties shall be as follows: TAX, OTHER SPECIAL Any property tax due on the hardware placed on Customer pre ises for use by Customer shall be the responsibility of Customer in such event that Customer does not have tax exempt status. Should Customer fall under tax exempt status provisions, such hardware shall fall under such provisions. Any applicable sales tax, use tax, excise tax or other special t xes or licensing requirements shall be paid directly by Customer to the proper taxing agen y. The Company shall not be required to collect, file and transmit such taxes on behalf of Clustomer. 19. OWNERSHIP All hardware, software and source code shall at all times remain the exclusive property of Clancy Systems International, Inc. At the expiration of the contract term, all equipment shall be returned to the Company. Any missing equipment shall be billed to Customer at depreciated value. 20. RETURN OF SYSTEM Subsequent to non -renewal or cancellation of contract, all systefn hardware and peripherals placed on Customer premises for use during contract term sh11 be properly packaged and returned to the Company in food working order. All software provided for system use during the term of the 1contract shall no longer be used nor shall any copies of the software be made and transferred t other equipment. 21. CUSTOMER PROVIDED RESPONSIBILITIES Customer shall be responsible for providing the following item 1. Desk or table top space to accommodate field units 2. A dedicated modem telephone line or network connection charging devices. Internet access. 3. A staff person assigned as the system administrator. This erson shall be given in depth training, shall be the liaison between the Company and stomer, and shall have the responsibility of operating the system and providing tr ining to new personnel. 4. Computer workstations for personnel to access system. 22. TERM OF AGREEMENT The term of this Agreement $hall be for twelve months comme 2022, and ending on the 30`�, day of November, 2022. Howe, seasonal usage period from December through March for each returned during the non -usage months (April through Novemb described in Section 16, abode, shall accrue. Thereafter, the co each year for an additional one year term until notice of cancel It is hereby agreed, that this 'Contract shall take effect, and rer the date of the execution horeof, and further this Contract mE either party, upon the giving of thirty (30) days notice, in writi will be prorated or any portion of a month that equipment i; cancellation occur. ing the 1 st day of January, , this shall be based on a ar. The devices shall be , during which time no fees as -act shall automatically renew iin in force and effect, from be terminated at any time, by to the other party. Charges in place should such 23. ENTIRE AGREEMENT It is expressly understood and agreed by the parties hereto that he provisions embodied in this Agreement contain all covenants, agreements, obligations and tipulations agreed upon by the parties and upon execution thereof. This Agreement may be modified or amended at any time by mutual agreement in writing of the parties. This Agreement shall be executed in multiple counterparts each of which shall be deemed an original. This Agreement shall inure to the benefit of and shall be binding upon Customer, the Company and their respective successors and assigns, if such assignment as been approved by both parties. This agreement shall be gov�med by and construed in Colorado, including its conflict of laws provisions. In Witness Whereof, the parties have hereunto set their hands CLANCY SYSTEMS .00 KITTITAS COUNTY B Y with the laws of the State of seals. ATIONAL, INC. 'S OFFICE