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027-23 - ALLDATA - ContractDocuSign E nvelope ID: FOA8E359-874D-486E-9050-451A2B045012 on System Service Agreement ALLDATA° m=1520sa 9650 W Taron Drive Ste 100. Elk Grove, CA 95757 Phone: 900 829-8727 478-3069 Date: 2/8/2023 Rep Name: Bruce Lyon Territory: MTD05 Customer Shippind Address (Product Locationl: Business Phone: 360-535-2473 Company: Port Orchard Public Works Business Fax: Address: 1535 Vivian Ct Email Address: 19oh 1s+ n(cf gor1OfChardadwa.goy City: Port Orchard Business Type: Governement State/Prov: WA Zip / Postal: 98367 Fed Tax ID I GST / HST: Country: us Years Months at this address MPM ID: Personal Credit Information (Home Address, NOT Business Address-): Phone: Address: DOB: SSN/SIN: City: State I Prov: Zip I Postal: 1. Product Selection Product Access Points Annual Fee Product Access Points Monthly Fee ALLDATA Re air 3 $ 1,500.00 2. Coverage Type: All Makes 3. Other Fees: 4. Sales Tax: Your Subscription may be subject to sales tax based on stale and/or local laws Applicable rates will be applied when order Is accepted and processed. Currency: TOTAL Subscription Fees $ 1,500.00 :5. Total Fees Per Location: USD TOTAL Other Fees: $ TOTAL Discounts: TOTAL Annual Fees: $ 1,500.00 15. Payment Method: Credit Card ALLDATA will contact you to obtain payment Information. Please do not provide on this form IBy Initialing this line, I hereby authorize ALLDATA to automatically charge the credit card I provide (the "Payment Accounn for the fees owe in connection with the products selected above, I authorize ALLDATA to continue to charge such fees to the Payment Account on the (payment schedule indicate above on or after the payment day indicated above until I revoke this authorization, 1 understand that I may (revoke this authorization at any time by changing the billing method by contacting my ALLDATA Account Manager at 1-800-829-8727, Customer :subject to the additional requirements of the Terms & Conditions of Use up to and including loss of discounted pricing. I understand that I Initials have the right to receive 10 calendar days written notice if the amount of any charge authorized hereunder will vary from the amount of the immediately preceding debit or charge, but I agree to waive that right so long as the new payment amount does not exceed the prior (payment amount by more than 6%. 1 acknowledge that charges under this authorization must comply with U.S. laws. '7. Billing Method: Electronic Statements IBy initialing this line, I agree to receive my ALLDATA statements electronically to the email address listed below. Customer ATL Initials: :B. Billing Information: BiIIIno Address (if different from Shippinn Address): Company: City of Port Orchard Billing Contact Name: Anthony Lang Address: 216 Prospect Street Billing Contact Phone: 360 B76-4991 'City: Port Orchard ;Slate/Prov: WA Zip / Postal: 98366 Electronic Statements Email Address: tlang@portorchardwa.gov DS By initialing this line, I acknowledge and agree that I am commiting to the contract term listed Contract Term: 12 Months Customer S Ihere for both new and an existing products. Y Initials: IBy initialing this line, I acknowledge and agree to the Automotive Information System Service Agreement Terms and Conditions attached Customer .as page 2 of this agreement, Initials By initialing this line, I agree to pay the subscription fees as set forth in this Service Agreement. Customer If the contract is declared in default for any D6vuW5m0"ct amount becomes due and payable, lnifials: By signing below, I agree that all informaliv list b True ah c O. and I am authorized to sign on behalf of the company subscribing to services. ,Authorized Signature: Print Name: 'Title of Authorized Signor: Mayor Date: 212412023 DocuSign Envelope ID: FOA8E359-874D-486E-9060-451A2B045012 Automotive Information System Service Agreement Subscription Terms and Conditions 1. Customer's first monthly invoice will be due upon order acceptance and monthly thereafter. All recurring payment terms are due net 0 days from ALLDATA's invoice date. Invoice and subscription date are determined by order acceptance date. Electronic Funds Transfer Authorization ("EFTA") or credit card payments will be charged on the day of the month selected by customer. Late payments may be charged a late fee of 1.5% per month or the maximum amount allowed by law, whichever is less. With respect to any credit card payment, Customer agrees to pay all charged amounts according to the credit card issuer agreement. 2. Customer is responsible for providing hardware, operating system software, and Internet connection(s) to use the product(s ). 3. Customer agrees to be bound by the Terms and Conditions of Use contained in each product or found online ("Terms and Conditions"). The Terms and Conditions are displayed at installation of each product and must be accepted by you before access to the information contained in each product is granted. Your continued use of the product (including, but not limited to, use of the Software, Data and/or Documentation, each defined in the Terms and Conditions) constitutes your acceptance of any changes made by ALLDATA to the products Terms and Conditions, as such Terms and Conditions may be amended from time to time at ALLDATA's sole discretion. Each product's Terms and Conditions can be viewed athtt)-://wwvd.alidata.com/terms=condflons- 0 4. Online subscribers receive the number of access points per product listed on their Automotive Information System Service Agreement. Access points (nodes) per subscription to be used at a single subscriber location. 5. The ALLDATA key enables access to: (i) Disc or other media based product (excluding the online version) information in the product is accessible based on subscription status. One key and Service Advisor disc is included with Service Advisor or Manage subscription. (ii) Customer is responsible for key replacement charges (US $85.00 per key.) Customer's key will remain active as long as customer's account is current, and in compliance with all Terms and Conditions. 6. End of term options: At the end of the Initial Term and monthly thereafter Customer may, elect in writing to: Cancel the subscription with a thirty (30) day prior notification and return the key(s) within thirty (30) days. All product access will cease upon cancellation. A fee will be applicable for any key not returned to ALLDATA within thirty (30) days of cancellation. *ALLDATA Online Customer: Cancel the subscription to the product with a thirty (30) day prior notification provided that there is no media access within the prior thirty (30) days. *Upon cancellation of the subscription, no further access will be granted to the ALLDATA database or any associated options. *ALLDATA Products: ALLDATA will provide customer support for during the hours of 8:30am Eastern time to 7:30pm Eastern time, Monday through Friday via phone (800-859-3282) or email (support@alldata.eom.) *There is no buyout option for any ALLDATA Products. *If Customer does not select one of the options above, the subscription will continue on a month -to -month basis until cancelled by either ALLDATA or Customer. 7. ALLDATA reserves the right to raise subscription fees in an amount not to exceed 6% annually following the initial twelve (12) months. National account customer rates will be defined under the appropriate national account agreement. ALLDATA may offer additional options to the named products which will be available for additional subscription fee(s). 8. In the event that you receive discounted or special pricing under this Agreement as a result of your participation or membership in an association, buying group, national account or other special pricing program (each, a "Program"), then, upon your ceasing to be a member or participant of such Program, ALLDATA reserves the right to increase your fees to its current list prices. 9. This agreement shall not be binding on ALLDATA until it is accepted by ALLDATA's corporate office in Elk Grove, CA. 10. Upon sale of Customer's business, the ALLDATA subscription may be transferred to subsequent owner only with ALLDATA's prior permission. Current and/or new business owner(s) must contact ALLDATA regarding completion of the transfer or assignment of this agreement. 11. The license for ALLDATA product(s) is site or device specific (for Mobile and other products). The ALLDATA product may not be distributed for use across multiple locations without additional subscriptions and licenses being purchased for each physical site or device. A physical site is defined as one physical building and/or address. 12. Additional ALLDATA products: If you purchase additional ALLDATA products, the term for any and all previous ALLDATA products purchased by you for which you still have a subscription shall be extended for the term of the additional ALLDATA products purchased. 13. Automatic Payments: If you authorize ALLDATA to automatically debit or charge your account for the fees you owe in connection with the products selected, you authorize ALLDATA to continue to debit or charge such fees to the payment account on the payment schedule indicated on or after the payment day indicated until you revoke this authorization. You understand that you may revoke this authorization at any time by changing the billing methodby contacting your ALLDATA Account Manager at 1-800-829-8727, subject to the additional requirements of the applicable Terms and Conditions of Use up to and including loss of discounted pricing. You understand that you have the right to receive 10 calendar days written notice if the amount of any debit or charge authorized hereunder will vary from the amount of the immediately preceding debit or charge, but you agree to waive that right so long as the new payment amount does not exceed the prior payment amount by more than 6%. You acknowledge that debits or charges under this authorization must comply with U.S. laws. Page 2 DocuSign Envelope ID: FOA8E359-874D-486E-9060-451A2BO45012 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 PURCHASE ORDER M ALLDATA 9650 W Taron Drive Ste. 100 Elk Grove, CA 95757 Bill To: Attn: Accounts Payable City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ap@portorchardwa.gov P.O. No. 018-23 Date: February 24, 2023 Ship To: City of Port Orchard Public Works 1535 Vivian Court Port Orchard, WA 98367 Ordered B Authorized Signature: Heidi Draper Public Works lerk or j h ized Representative Signature Qty Unit Price Total Service Agreement to Purchase ALLDATA Software for Mechanics $1,500 $1,500 **Please see attached Service Agreement for more information* IF TOTAL COST IS OVER $7,500.00 ATTACH PROCUREMENT DOCUMENTS THIS ORDER IS A CONFIRMATION Yes Subtotal $1,500 THIS ORDER IS NOT A CONFIRMATION Sales Tax (9.3%) $139.50 ACCOUNT CODE 500.10.548.30.30 Bal Due $1,639.50