Authority: IC 6-1.1-31-1; IC 6-1.1-31.5-3.5

Affected: IC 6-1.1-31.5

Sec. 2. (a) This section applies to all assessment software vendors and all tax and billing software vendors.

(b) A contract between an assessment software vendor and a county or a tax and billing software vendor and a county must include the following provisions:

1. (1) An agreement that the vendor will provide a software maintenance agreement that meets the standards prescribed in this article.
2. (2) An agreement that the vendor will provide assistance to the county as may be required to modify the property tax management system to comply with changes in state law, department rules, department policy statements, or this article within the time period prescribed by the law, rule, or department.

3. (3) Should for any reason a county change the assessment or tax and billing software or any other part of the computer system at:

   1. (A) the end of a contractual period;
   2. (B) contract termination;
   3. (C) decertification; or
   4. (D) failure of recertification;
4. the vendor of the software shall in no way impede or delay the smooth, orderly, and timely transfer of the county's data from the current database to a new database.
5. (4) An agreement that the vendor will reimburse the county for all costs incurred as a result of the vendor's failure to continue to support the assessment software or tax and billing software during the life of the maintenance agreement.

6. (5) An agreement that the contract and the escrow agreement both provide for the vendor's documentation and source code to be released by the escrow agent to the county when the department, an arbitrator, or a court rules that the vendor:

   1. (A) has ceased to provide continued support; and
   2. (B) is incapable of resuming support.

7. (6) An agreement that, unless the total system installation is:

   1. (A) confirmed by an independent entity; and
   2. (B) locally certified by the department;
8. the contract is void.

9. (7) An agreement that, unless the property tax management system is recertified and the total system installation is:

   1. (A) confirmed by an independent entity; and
   2. (B) locally recertified by the department;
10. the contract is void.

11. (8) An agreement that the contract is void if the property tax management system certification is:

    1. (A) denied;
    2. (B) decertified; or
    3. (C) revoked.

12. (9) An agreement that the contract is void if the local certification of the county installation is:

    1. (A) denied;
    2. (B) decertified; or
    3. (C) revoked.

(Department of Local Government Finance; 50 IAC 26-19-2; filed Jan 28, 2011, 3:07 p.m.: 20110223-IR- 050100165FRA; readopted filed Oct 4, 2024, 4:04 p.m.: 20241030-IR-050230833RFA)