HomeMy WebLinkAboutContractSOFTWARE AGREEMENT WITH MANAGE MY MARKET
FOR RENTON FARMERS MARKET
This SOFTWAR,E Agreement, which. is a contract for. professional services· for the engagement described
below, dated March 6, 2023, is made by and between the City of Renton and State 33, Inc. dba 'Manage
My Market.'
: . ' :· ;. .. : 1.Name of Professional Service Provider: State. 33, Inc.,. DBA ManageMyMarket, (''Provider"), an
Oregon Do;mestic Business Corporation, Registry #615975-80.
Professional Service: Administrative Software Services for Renton Farmers Market .· . . ; ' . . -· ' . . . . " -. 2.Scope of Services:. Administrative and Management Software Services that include mapping of
Renton Farmers Market, vendor profile information, .vendor application services, reporting services
(hereinafter "Services"}.
Additional details regarding Services: Online platform for Farmers Market management solutions.
If additional.information is attached, check here: □
3., Location of Services: Online platform to be usedby City of Renton, Parks and Recreation Department,
Parks and Trails Division, Farmers Ma.rket Coordinator and Information Technology Division; Renton,
WA
4.Date(s) of Services: 2023 .Calendar Year Venue: Renton farmers Market Performance time(s):
Annual subscription service
5.Total compensati<m to Provider by City of Renton: $15 per approved Farmers Market Vendor,
estimate .. 60 vendors in 2023for anapproximate annual total of $900.
Check should be made payable to: N/ A
. C.heck should be sent to the following address: N/ A
NOTE: Payment will occur with a credit card transaction.
6.City of Renton will make payment as follows: One hundred percent payment with a credit card
transaction upon full execution of this SOFTWARE Agreement, and after receipt of invoice from
Manage My Market. Paymentswill be issued. as part of standard payment processing cycles.
7.Insurance:
t8l Evidence of liability insurance coverage, with the City of Renton named as an Additional
Insured, is required. □Evidence of liability insurance coverage is waived by Risk Management and is not required.
The City of Renton does not represent that any required minimum insurance, or waiver of such
insurance, is adequate to protect Provider from financial liability created by Provider's acts or
omissions.
CAG-23-099
8.Additional Provisions:
a.City of Renton's primary contact for this SOFTWARE Agreement is:
Contact: Andria Shirk, Account Manager
Phone: 971-220-5047; Email: andria@managemymarket.com . .. . . . . b.Provider holds the copyrightto the ManageMyMarket website, has the right to permit the
city to use the website, and, to the best of its knowledge, no part of the website infringes on
any other person's or entity's patent, copyright or other proprietary right.
c.Provider shall maintain all records relating to the Services and retain such records for as long
as required by applicable Washington State records retention laws, but in any event no less
than six years after the last date of the Services: Provider agrees to provide access to and
copies of any records related to the Services as required by the City for audit purposes or to
comply with the Washington State Public Records Act (Chapter 42.56 RCW). The provisions of
this section shall survive the expiration ortermination of this SOFTWARE Agreement. City of
Renton has the right to cancel the Services and/or this SOFTWARE Agreement due to
inclement weather or for any other reasori, in which case the Provider is not entitled to any
compensation.
·d. Provider, and its agents or assigns; agrees to release, indemnify, defend, and hold harmless
the City of Renton from any and all claims from any person or entity which may arise due to
any act or omission, whether or not intentional, by Provider or anyone acting on Provider's
behalf.
e.The nature of the relationship between Provider and the City of Renton under this SOFTWARE
Agreement shall be that of an independent contractor, not employee, consultant, or agent.
f.To the extent a Provider-prepared attachment conflicts with the terms in the body of this
SOFTWARE Agreement or contains terms that are extraneous to the purpose of this
SOFTWARE Agreement;the terms in the body of this SOFTWARE Agreement shall prevail, and
the attachment's extraneous terms shall not be incorporated herein.
g.The laws of the State of Washington shall apply to this SOFTWARE Agreement.
h.Any lawsuit or legal action brought by any party to enforce or interpret this SOFTWARE
Agreement or any of its terms or covenants shall be brought in the King CountySuperior Court
for the State of Washington at the Maleng Regional Justice Center in Kent, King County,
Washington, or its replacement or successor. Provider hereby expressly consents to the
personal and exclusive jurisdiction arid venue of such court even if Provider is not registered
with the State of Washington.
i.Provider and the City of Renton may execute this SOFTWARE Agreement in any number of
counterparts, each of which shall constitute an original, and all of which together constitute
this one SOFTWARE Agreement.
This SOFTWARE Agreement contains the entirety of the agreement between the parties: No further
agreements have, been made between the parties.
RFM SOFTWARE Agreement with Manage My Market I Page 2 of 3
Signed by:
PROVIDER
· [Enter Name]
1831 SE 7th Ave, Ste 100
Portland, OR 97214
Enter phone number]
[Enter e-mail address]
CITY OF ,RENTON
Kellyl!:14�
Parks and Recreation Administrator
1055 South Grady Way
Renton, WA 98057
Date Signed: P day of IAJd]2. •1• 2023
(425)430-6617
kbeymer@rentonwa.gov
Date Signed: Zf2. day of �-2023
Approved as to Legal Form:
SHANE MOLONEY
City Attorney
RFM SOFTWARE Agreement with Manage My Market I Page 3 of 3
(approved by Cheryl Beyer via email on 3/13/2023)