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MUNISERVICES, LLC - #2016-290
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MUNISERVICES, LLC - #2016-290
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Last modified
12/28/2016 5:02:33 PM
Creation date
12/28/2016 5:00:51 PM
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Contracts
Company Name
MUNISERVICES, LLC
Contract #
A-2016-290
Agency
FINANCE & MANAGEMENT SERVICES
Council Approval Date
10/4/2016
Expiration Date
12/31/2017
Insurance Exp Date
10/31/2017
Destruction Year
0
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1.6 Paper reports. Some of the reports may be delivered in paper-based or excel formats while our <br />online report platform continues to be expanded. For example, Geo Area reports are currently still <br />being provided in paper format. As we expand the online portal, additional reports will become <br />available on your home page. <br />Assistance <br />1. Confidentiality. The information provided to the City in the STARS Reports is confidential. It is not open to <br />public inspection. A City may use the information only for lawfully permitted purposes. City shall not <br />distribute the STARS Reports to any person unless that person is legally entitled to access the information <br />in the STARS Reports, or except as may otherwise be required by law or court order. <br />Consultant is authorized by this Agreement to examine transaction tax, sales tax, and use tax records of <br />the State Board of Equalization (BOE), including, but not limited to, any transaction and use tax that may <br />become effective and be collected for City. Consultant is required to disclose information contained in, or <br />derived from, those transaction, sales, and use tax records only to an officer or employee of the City who is <br />authorized by resolution to examine the information. Consultant is prohibited from performing consulting <br />services for a retailer during the term of this Agreement. Consultant is prohibited from retaining the <br />information contained in, or derived from, those transaction, sales, and use tax records, after this <br />Agreement has expired. <br />2. Data. In order for Consultant to provide the STARS Reports, the City will need to deliver to Consultant the <br />signed documents/authorizations required to access the proper data from the applicable governmental <br />authorities as may be required by law. <br />3. Additional Terms. <br />a. License. Consultant grants to City a license for each of City's designated users to access the New <br />STARS reports service for so long as this Agreement is in effect. Each of City's designated users must <br />be submitted in writing to Consultant. Consultant will provide the user with the necessary log -in <br />information. Any passwords issued for this service may only be used by the person to whom the <br />password is issued; sharing of passwords is STRICTLY PROHIBITED. City has the obligation to <br />protect those passwords. <br />b. Limitations of Liability. Consultant is not responsible for any breach of data resulting from City's <br />failure to protect passwords or systems used to access the Service. Consultant does not warrant that <br />the service is error free. CONSULTANT DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO <br />THE SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED <br />WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON - <br />INFRINGEMENT OF THIRD PARTY RIGHTS. Some jurisdictions do not allow the exclusion of implied <br />warranties or limitations of how long an implied warranty may last, or the exclusion of limitation of <br />incidental damages, so the above limitations or exclusions may not apply to City. In no event shall <br />Consultant or its licensors, suppliers, or licensees be liable to City for any consequential, special, <br />incidental, or indirect damages of any kind arising out of the performance or use of the service, even if <br />Consultant has been advised of the possibility of such damages. <br />c. Non -disclosure. City's use of the New STARS services is conditioned on City's agreement not to <br />make the service or any of output of the system available to Consultant's competitors. Nothing in this <br />provision prohibits the City from exporting data and formatting it for its own use or from making <br />documents marked as `public' known to the public. <br />
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