HomeMy WebLinkAbout24-234-APD-001 Interlocal Agreement Docusign Envelope ID:69ED314D-4220-41AO-88B5-9FOD7EO4DEAF v
COA#24-234-APD-001
SKAGIT COUNTY
Contract# C20240483
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INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
SKAGIT COUNTY
AND
CITY OF ANACORTES
THIS AGREEMENT is made and entered into by and between City of Anacortes
("Agency") and Skagit County ("County") pursuant to the authority granted by Chapter
39.34 RCW, INTERLOCAL COOPERATION ACT.
Agency agrees to the terms of each service as set forth in this agreement, including:
General Conditions for Service—Technology Services; Exhibit A
Specific Terms and Conditions - Technical Services; Exhibit B
Data Sharing Agreement; Exhibit C
Copies of which are attached hereto and incorporated herein by this reference as if set
forth herein.
1. PURPOSE: This agreement shall address Public Safety services provided by the
County to Agency. Each service is attached as an exhibit to this agreement as stated
above.
2. TERM OF AGREEMENT: The term of this Agreement shall be upon execution by
both parties through December 31, 2027.
4. ADMINISTRATION: The following individuals are designated as representatives
of the respective parties. The representatives shall be responsible for administration of
this Agreement and for coordinating and monitoring performance under this Agreement.
In the event such representatives are changed, the party making the change shall notify
the other party.
4.1 The County's representative shall be the Central Services Director.
4.2 The Agency's representative shall be the Anacortes Police Chief.
5. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real
property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to
this Agreement.
6. INDEMNIFICATION: Each party agrees to be responsible and assume liability for
its own wrongful and/or negligent acts or omissions or those of their officials, officers,
agents, or employees to the fullest extent required by law, and further agrees to save,
indemnify, defend, and hold the other party harmless from any such liability. It is further
provided that no liability shall attach to the County by reason of entering into this contract
except as expressly provided herein.
INTERLOCAL AGREEMENT—City of Anacortes
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7. TERMINATION: Any party hereto may terminate this Agreement upon thirty (30)
days notice in writing either personally delivered or mailed postage-prepaid by certified
mail, return receipt requested, to the party's last known address for the purposes of giving
notice under this paragraph. If this Agreement is so terminated, the parties shall be liable
only for performance rendered or costs incurred in accordance with the terms of this
Agreement prior to the effective date of termination.
7.1 Termination of Agreement— Events of Default
This Agreement may be immediately terminated without notice upon an event of default,
which events of default include but are not limited to the following:
a) The Agency wrongfully uses the data provided by the County per terms of this
agreement including all attachments.
b) The Agency sells, gives, leases, or loans access to the screens or the data
contained therein to any person or in any way, directly or indirectly, allows copies to
be made by any person without the express written approval of the County.
c) The Agency uses a service to process information whose rated security
classification is higher than the rated security classification of the service.
Classification levels are described in Exhibit A. Each service described in Exhibit B
will have a classification level assigned to it.
d) The Agency intentionally performs an action that will result in damage to data,
software or hardware used to perform services as described in this agreement
including all attachments.
e) The Agency provides access to confidential or proprietary information to
unauthorized individuals,third parties, software programs or interfaces, without prior
written permission of the County or in violation of the Data Sharing Agreement.
f) The Agency intentionally or unintentionally bypasses security controls, policies, or
processes, which would allow or create the possibility of allowing unauthorized
access to confidential or proprietary information.
8. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: The Agreement
may be changed, modified, amended, or waived only by written agreement executed by
the parties hereto. Waiver or breach of any term or condition of this Agreement shall not
be considered a waiver of any prior or subsequent breach.
9. RECORDS REQUEST— PUBLIC RECORDS ACT: As a public agencies, County
and Agency are subject to public disclosure laws. Both parties agree pursuant to the
Washington State Public Records Act, Chapter 42.56 of the Revised Code of Washington,
either party may receive a disclosure request for information that is owned by the other,
hereinafter known as the Owner. Upon receipt of a request for information owned by the
other party, the receiving party shall notify the Owner of the request. The Owner shall be
responsible and bear the costs of taking legal action to prevent disclosure of relevant
documents and electronic information. In no event shall the receiving party be liable to
the Owner for disclosure of documents and electronic information the Receiving Party
INTERLOCAL AGREEMENT—City of Anacortes
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deems necessary to disclose under the law. Each party waives any claims against the
other party for such disclosure.
10. VENUE AND CHOICE OF LAW: In the event that any litigation should arise
concerning the construction or interpretation of any of the terms of this Agreement, the
venue of such action of litigation shall be in the Superior Court of the State of Washington
in and for the County of Skagit. This Agreement shall be governed by the laws of the State
of Washington.
11. SEVERABILITY: In the event any term or condition of this Agreement or application
thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms,
conditions or applications of this Agreement which can be given effect without the invalid term,
condition, or application. To this end the terms and conditions of this Agreement are declared
severable.
12. CONFIDENTIALITY: Information that accessed, created or modified under this
agreement may be very sensitive in nature and subject to federal or state regulations.
Unauthorized disclosure of this data could seriously and adversely impact the County or
Agency or the interests of individuals and organizations associated with the County.
Agency acknowledges that some of the material and information that may come into its
possession or knowledge in connection with the services performed under this agreement
may consist of Confidential Information. Agency agrees to hold such Confidential
Information in strictest confidence and not to make use of Confidential Information for any
purpose other than the performance of this Contract. Agency agrees to release
Confidential Information only to authorized employees requiring such information for the
purposes of carrying out their job function; and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make the information known to any other party without
County's express written consent or as provided by law. Agency agrees to implement the
same standard of care as it uses to protect its own Confidential Information but no less
than reasonable standard of care.
The County has the right to refuse acceptance of proprietary or confidential information
supplied by the Agency.
In the event of a Public Disclosure Request for Agency Information, Section 9 Public
Disclosure shall control.
13. WAIVER: Waiver of any breach or condition of this contract shall not be deemed a
waiver of any prior or subsequent breach. No terms or conditions of this contract shall be
held to be waived, modified or deleted except by an instrument, in writing, signed by the
parties hereto.
14. SURVIVAL: The provisions of paragraphs 6 (Indemnification), 7 (Termination), 10
(Venue and Choice of Law), 12 (Confidentiality), 13(Waiver), shall survive, notwithstanding
the termination or invalidity of this Agreement for any reason.
INTERLOCAL AGREEMENT—City of Anacortes
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15. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions
agreed upon by the parties. All items incorporated herein by reference are attached. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind any of the parties hereto.
DATED this 9/11/2024
CITY OF ANACORTES
F
Mayor
Mailing Address:
PO Box 547
904 6V" Street
Anacortes, WA 98221
Approving Management Control Agreement
Anacortes P61ice Chief
INTERLOCAL AGREEMENT—City of Anacortes
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DATED this 20—day of ,2024.
BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY,WASHINGTON
Peter Brown' g, air
Lisa Janicki, Cotinissioner
jqv�
Attest: Ron Wesen, Commissioner
Clerk of the Board
Approving Management Control Agreement
Per Criminal Justice Information Services(CJIS)
Security Policy Interagency and Management Control
Agreements 01
Recommended: County Adni6istrator, Russell O.Walker
� ___. Central Services Director
Skagit County Sheriff
Approved as to form:
Civil Deputy Prosecuting Attorney
Approved as to indemnification:
Risk Man ger
Approved as to budget:
�/� 4rrlinJ
Budget& inance Director
INTERLOCAL AGREEMENT—City of Anacortes
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Docusign Envelope ID:69ED314D-4220-41AO-B8B5-9FOD7EO4DEAF
Exhibit A
General Terms and Conditions — Technology Services
1 DEFINITIONS
DIRECT TECHNICAL SERVICE
A Direct Technical Service is a service used by and billed directly to agencies.An example of a direct
technical service would be a service such as electronic messaging. This service is billed based on
the number of accounts and each agency that uses the service can expect to see a bill based on the
total cost of delivering the service.All services below will identify if they are a direct technical service.
INDIRECT TECHNICAL SERVICE
An indirect technical service is a service that other services utilize in order to accomplish their scope
of work. The Skagit County Data Center is a good example of an indirect technical service. Many
services rely on the Skagit County Data Center for facilities, physical security and redundant power,
however there is no direct billing to any agency for its use.
REGIONAL INTER-GOVERNMENTAL NETWORK(RIGN)
The Regional Inter-Governmental Network is a shared inter-connecting network between the
municipalities of Skagit County. The network resides fully within the boundaries of Skagit County
and is administered by the partner members of the network.
2 SERVICE AVAILABILITY
County will strive to provide service available twenty-four (24) hours per day, seven (7) days a
week unless stated otherwise in Technology Services, Exhibit "B". The following items are
exceptions to Service Availability.
SCHEDULED MAINTENANCE
The County reserves the right to schedule preventative maintenance on all systems. When
possible, preventative maintenance will be scheduled a minimum two weeks in advance and
attempt to minimize impacts to each user agency. The Agency will have three (3) business days
after getting notification of scheduled maintenance to inform the County if the scheduled
maintenance will cause an undue burden on the Agency. County and Agency will discuss the
issue and work to resolve a mutually agreeable time to conduct the maintenance if the
maintenance can be delayed.
Scheduled maintenance may result in loss of service for a period of time.
SOFTWARE AND HARDWARE UPGRADES
Software and Hardware upgrades differ from normally scheduled maintenance, in that systems
will be unavailable for the duration of the upgrade. It is conceivable that an upgrade may take a
couple of days. When possible, the Agency will be informed a month prior to the scheduled
upgrade time. Skagit County will make every reasonable attempt to schedule the upgrade to
minimize impacts to each Agency; however, both parties agree that due to the wide use of this
system and the minimal amount of support personnel, there will be Agency impacts.
EMERGENCY MAINTENANCE
Emergency maintenance will be coordinated with the Agency when possible.
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Exhibit A
General Terms and Conditions — Technology Services
SYSTEM FAILURE
It is possible that the system may fail due to unforeseen hardware, software, security or network
failure. In the event of a failure, County will work to restore services as soon as practical. County
reserves the right to move services to backup systems if needed but is not required to do so.
3 AUTHORIZED USE
This agreement is intended for use by the Agency's authorized agents only.All accounts must be
approved by the County.
4 SERVICE CHARGES
Charges for products and services provided by the County will be based on actual costs incurred
by County.All billing will be on a quarterly basis based on the actual expenditures for the previous
quarter.
CALCULATIONS FOR TECHNOLOGY SERVICES
For each service there is a metric that is defined that is used to determine the allocation of costs
to the Agency. Some examples of metrics, include, but are not limited, to number of accounts,
workstations, disk space used, and physical space used. Each service has a unique metric
defined and can be found in the exhibit attached describing the service.
The formula for determining the cost per agency for Services Billing shall be:
(TC -S ) " (AM/TA)
Where;
TC = Total cost of support for systems required to support the service inclusive of Help Desk
Expenditure within a fiscal quarter.
S = Other external revenues (including grants)
AM = Number of items used to calculate the Metric for an Agency
TA= Total number of Metric items of all Agencies.
TECHNICAL AND ADMINISTRATIVE SERVICE COSTS
Many services offered by County utilize other technology services in order to accomplish the
scope of work. Each service described in Technical Services, Exhibit B, shall identify other
technology services required for use. These currently consist of, but are not limited to;
• Administrative Services—Those expenses and labor that support all services provided by
Skagit County Information Services.
• File Transfer Services —The expenses and labor required to support secure Internet file
transfer of data to other agencies or companies.
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Exhibit A
General Terms and Conditions — Technology Services
Each of these technical services use the same cost allocations model as described previously.
PROFESSIONAL SERVICES
Professional Services shall be incorporated into this agreement as an amendment. Each service
shall address scope and compensation of the work to be performed.
Professional Services shall not be initiated under any circumstance unless approved by the Skagit
County Board of Commissioners.
COUNTY PAYMENT OF TAXES
If the County is required to pay sales or use tax in order to provide service under this Agreement to
Agency, such taxes will be added to the total cost of the service being provided.
INVOICES AND LATE PAYMENT
The County will invoice Agency quarterly detailing charges for services rendered during the
preceding quarter. Payment is due upon receipt of invoice by Agency and becomes delinquent 30
days thereafter.
A late payment charge may be applied to any remaining balance 60 days after invoice. Late payment
charges, if any,will be imposed on the unpaid balance at the rate of 1%per month.Agreements with
balances more than 90 days past due may be terminated under the TERMINATION FOR CAUSE
provision of this Agreement, and services discontinued.
5 SOFTWARE
Computer applications programs and other software systems furnished to Agency by the County at
no charge to Agency are furnished on an"as is"basis with no representations or warranties regarding
use or results.
OWNERSHIP OF SOFTWARE
All software required to operate services as defined in exhibit"B", shall be provided by County and
shall not be jointly or cooperatively, acquired, held, or disposed of.
In the event that software can be separately licensed by Agency and such license allows use with
County's service offering, Agency shall have responsibility to acquire and dispose of this form of
licensed software. Software of this type shall be identified in the services section in Exhibit B.
6 TERMINATION
BUYBACK OF EQUIPMENT
On contract termination the Agency may opt to buy any equipment in use by Agency to perform their
business functions that is owned by County. County agrees to sell the equipment based on the
depreciated value which is calculated as the cost of the equipment times the ratio of the current
equipment life divided by the anticipated life of the equipment in months.
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Exhibit A
General Terms and Conditions — Technology Services
Depreciated Value = Cost*(Months of use/total anticipated life in months)
SOFTWARE
In the event of contract termination, the County will transfer licenses/subscription to Agency if the
license or subscription agreement with the vendor supports such a transfer.
In the event that the license agreement does not support the transfer of the license, the Agency will
be responsible for the costs of the software to the end of the subscription or license agreement term
as applicable.
7 AGENCY FIELD OFFICE ENVIRONMENT AND COMPUTING DEVICES
Agency is responsible to provide computing devices for its authorized agents that comply with
Vendor's published standards as applicable for each technology service utilized.
AGENCY MAINTENANCE DEMARCATION POINT
County will repair, configure and maintain the services provided and defined in Exhibit B and
specifically owned by County.
County shall have no responsibility to repair, configure or maintain Agency own equipment or
software, including but not inclusive of, workstations, network equipment, network transmission
lines, printing devices, smart devices, or any other equipment or software application resident on
Agency's network.
Skagit County shall have no responsibility or incur any liability in regard to the delivery of
telecommunications by third parties unless elsewhere specified in this agreement.
AGENCY EQUIPMENT COSTS AND MANAGEMENT
The Agency shall be totally responsible and liable for all costs incurred in the acquisition of its
own equipment, including telephone lines and other supplemental equipment and the costs of
connecting that equipment with the County's equipment, if necessary. The Agency will be
responsible for trouble shooting, maintaining and managing their equipment and network to the
County demarcation point.
Agency equipment that is located in County facilities shall be tagged with an inventory tag
identifying that equipment as Agency owned.
8 CONFIGURATION MANAGEMENT
All configuration changes to County provided services will be made by Skagit County Information
or Geographic Information Services or by system support vendors with County
approval/coordination. The Agency will provide County with a primary and alternate contact name
of authorized personnel for requests for and coordination with County staff for changes to the
system.
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Exhibit A
General Terms and Conditions — Technology Services
9 DISASTER RECOVERY
Where applicable, County shall implement a disaster recovery capability consisting of creating a
secondary copy of systems used in support of County provided services. Disaster recovery is
intended to restore data in the case of a catastrophic event. The secondary copy is only
maintained for a short period of time and then refreshed and is intended only to restore County
provided services and data.
10 GRANTS
County has no obligation to support any grant award received by Agency unless specifically
agreed to by the County as part of the service scope of work, as described in Exhibit"B".
11 SECURITY AND INTEGRITY
The Skagit County network is protected from the Internet with firewall security to prevent
unauthorized access from the Internet. The Agency is responsible for securing their
organization's computer resources against all unauthorized access.
If the service utilized by the Agency requires an RIGN connection and the Agency determines to
disconnect from (RIGN), Agency agrees to notify County immediately. This action will terminate
delivery of the affected service to Agency.
The County, in conjunction with the Agency, shall work to comply with Federal, State and Local
security requirements. Each Technical Service may have specific security requirements that are
defined in the Technical Services, Exhibit B.
12 SUPPORT COVERAGE
SKAGIT COUNTY SERVICE DESK COVERAGE
The Skagit County service desk is staffed approximately 8 hours per day, five days a week,
excluding holidays and County closure days. Support hours are generally from 8:00 AM - 4:30
PM. The phone number is:
(360) 416 - 1111
Guaranteed availability of the Service Desk personnel is not possible due to staffing constraints.
The Service desk will log computer and network problems and dispatch problems to the
responsible engineer. If the service desk technician is away from the phone for any reason, the
caller will be asked to leave a voice mail message. The service desk will return the call as soon
as possible.
The Agency may also send electronic mail to us regarding problems at
HELPDESK@CO.SKAGIT.WA.US.
The Agency is responsible for providing a current contact list of employees who are authorized to
request services from Skagit County.
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Exhibit A
General Terms and Conditions — Technology Services
AFTER HOURS COVERAGE
After hours support is not part of this agreement. There is no support offered outside of service
desk hours.
13 LIMITATION OF LIABILITY
NON-CONFORMING SERVICES
For any services which fail to conform to the specification(s) detailed in this Agreement and such
failure is caused solely caused by the negligence of Skagit County, the County's liability shall be
limited to reimbursement of the quarterly charges in which the service(s)failed to conform.
If both parties are negligent, they agree to apportion between them the damage attributable to the
actions of each.Agency is solely responsible for any damage caused in whole or in part by inaccurate
or inadequate data, programs, or software furnished to the Agency by County.
Neither party will be liable for any failure to comply with or delay in performance of this Agreement
where failure or delay is caused by or results from any events beyond its control, including but
not limited to, fire,flood, earthquake, accident,civil disturbances,acts of any governmental entity,
war, shortages, embargoes, strikes (other than those occurring in the workforce of the party
claiming relief, or the workforces of its subcontractors), transportation delays, or acts of God.
County is not liable for system failure, power loss, loss of Internet, loss of network connectivity,
software system failure, security breach/failure or other unforeseeable conditions that result in the
unavailability of service to Agency.
LOSS OR DAMAGE TO AGENCY SUPPLIED DATA
For any loss or damage to Agency supplied data or programs due to negligence of the County,
Agencies liability shall be limited to reasonable attempts by County to replace or regenerate lost or
damaged data from the County's supporting material. County shall limit reasonable attempts to
restore information to 40 hours of staff time per incident per service.
DAMAGES
Neither party will seek damages, either direct, consequential, or otherwise against the other in
addition to the remedies stated herein.
THIRD PARTY CLAIMS
In the event that either party is found liable for damages to third parties as a result of the performance
of services under this Agreement,each party will be financially responsible for the portion of damages
attributable to its own acts and responsibilities under this Agreement.
14 OWNERSHIP OF ITEMS PRODUCED
All writings, programs, data, public record or other materials prepared by the County and/or its
consultants or subcontractors, in connection with performance of this Agreement shall be the sole
and absolute property of the County.
All writings, programs, data, public records or other materials prepared by the Agency and/or its
consultants or subcontractors, in connection with the performance of this Agreement shall be the
sole and absolute property of the Agency.
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Exhibit A
General Terms and Conditions — Technology Services
Vendors providing software, hardware or services shall retain all intellectual property rights for
programs, documentation or other optional materials to County or Agency.
15 DATA CLASSIFICATION
Each service described in Exhibit B will have a security rating associated with it that specifies the
type of information that the system is rated to process. Data is classified as follows:
Category 1 — Public Information
Public information is information that can be or currently is released to the public. It does not need
protection from unauthorized disclosure but does need integrity and availability protection
controls.
Category 2—Sensitive Information
Sensitive information may not be specifically protected from disclosure by law and is for official
user only. Sensitive information is generally not released to the public unless specifically
requested.
Category 3—Confidential Information
Confidential information is information that is specifically protected from public disclosure by law.
It may include but is not limited to:
a. Personal information about individuals, regardless of how that information is obtained.
b. Information concerning employee personnel records.
c. Information regarding Information Technology infrastructure and security of computer and
telecommunications systems.
Category 4—Confidential Information Requiring Special Handling
Confidential information requiring special handling is information that is specifically protected from
disclosure by law or contract and for which:
a. Especially strict handling requirements are dictated, such as by statutes, regulations, or
agreements.
b. Serious consequences could arise from unauthorized disclosure, such as threats to health
and safety, or legal sanctions.
Each service will have a data classification rating. Agency shall interpret the rating to mean that
the service is authorized to process the level of data category specified and below.A system rated
at Category 3 is also rated to process Category 1 and 2 data classifications.
FEDERALLY PROTECTED INFORMATION
Federally Protected Information shall be considered Category 4. In the cases where a service is
rated to process Category 4 information it shall also state what federally protected data it has
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Exhibit A
General Terms and Conditions — Technology Services
been certified to process as well.
16 CRIMINAL JUSTICE INFORMATION SYSTEM MANAGEMENT CONTROL AGREEMENT
Public Safety Services that contain Criminal Justice Information (CJI) are provided to Agency as
part of the scope of this agreement as defined in Exhibit B. Delivery of services as provided by
the Skagit County Central Services Department that contain CJI are required to have a
Management Control Agreement as required Criminal Justice Information System Security Policy.
For the purposes of this section, the Criminal Justice Agency (CJA) shall be the Agency.
Pursuant to the CJIS Security Policy, it is agreed that with respect to administration of that portion
of computer systems and network infrastructure interfacing directly or indirectly with A Central
Computerized Enforcement Service System (ACCESS) for the interstate exchange of criminal
history/criminal justice information, the Criminal Justice Agency shall have the authority, via
managed control, to set and enforce:
(1) Priorities
(2) Standards for the selection, supervision, and elimination of access to personnel who may
be tasked with working on or interfacing with any of the telecommunication systems or
criminal justice systems/computers enumerated in paragraph three below.
(3) Policy governing operation of justice systems, computers, access devices, circuits, hubs,
routers, firewalls, and any other components, including encryption, that comprise and
support a telecommunications network and related criminal justice systems to include
but not limited to criminal history record/criminal justice information, insofar as the
equipment is used to process or transmit criminal justice systems information
guaranteeing the priority, integrity, and availability of service needed by the criminal
justice community.
(4) Restriction of unauthorized personnel from access or use of equipment accessing the
State network.
(5) Compliance with all rules and regulations of the criminal justice agency policies and
CJIS Security Policy in the operation of all information received.
Responsibility for management control of the criminal justice function remains solely with the
criminal justice agency, as required by the CJIS Security Policy.
This agreement covers the overall supervision of all criminal justice agency systems,applications,
equipment, systems design, programming, and operational procedures associated with the
development, implementation, and maintenance of any criminal justice agency system to include
NCIC Programs that may be subsequently designed and/or implemented within the criminal
justice agency.
The Agency agrees to work with the Skagit County Sheriffs office in the event of conflict between
the MCA and services provided by Skagit County. This agreement may be terminated by Agency
in the event that a conflict in the implementation of the MCA is not resolved.
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Exhibit B
Specific Terms and Conditions - Technical
Services
Contents
1. SECURE FILE TRANSPORT SERVICE(SFTS).................................................................................1
1.1 SERVICE SCOPE............................................................................................................................1
1.2 SERVICE COMPENSATION...............................................................................................................1
1.3 SERVICE SPECIFIC TERMS AND CONDITIONS...................................................................................1
1.3.1 Provision of SFTS Accounts....................................................................................................1
1.3.2 Agency Responsible for Data Preservation............................................................................1
1.4 AGENCY RESPONSIBILITIES ............................................................................................................2
1.5 INDIRECT TECHNICAL SERVICES......................................................................................................2
1.6 SECURITY LEVEL OF THIS SERVICE .................................................................................................2
2. MOTOROLA MODULE SUBSCRIPTION MAINTENANCE................................................................2
1.1 SERVICE SCOPE............................................................................................................................2
2.1 SERVICE COMPENSATION...............................................................................................................2
2.2 SERVICE SPECIFIC TERMS AND CONDITIONS...................................................................................3
2.3 AGENCY RESPONS1131LITIES ............................................................................................................3
2.4 INDIRECT TECHNICAL SERVICES......................................................................................................3
2.5 SECURITY LEVEL OF THIS SERVICE .................................................................................................3
3. MOTOROLA PUBLIC SAFETY SYSTEM SHARED SERVICES.......................................................3
3.1 SERVICE SCOPE............................................................................................................................3
3.2 COMPENSATION.............................................................................................................................4
3.3 SERVICE METRIC...........................................................................................................................4
3.4 SPECIFIC SERVICE TERMS AND CONDITIONS...................................................................................4
3.4.1 Agency Responsibilities..........................................................................................................4
3.5 INDIRECT TECHNICAL SERVICES......................................................................................................5
3.6 SYSTEM POLICIES..........................................................................................................................5
3.7 SECURITY LEVEL OF THIS SERVICE .................................................................................................5
4. MOTOROLA LAW SERVICES............................................................................................................6
4.1 SCOPE ..........................................................................................................................................6
4.2 COMPENSATION.............................................................................................................................6
4.3 SERVICE METRIC...........................................................................................................................6
4.4 SPECIFIC TERMS AND CONDITIONS.................................................................................................6
4.4.1 County Responsibilities...........................................................................................................6
4.4.2 Agency Responsibilities..........................................................................................................6
4.5 INDIRECT TECHNICAL SERVICES......................................................................................................7
4.6 SECURITY LEVEL OF THIS SERVICE .................................................................................................7
6. ADMINISTRATIVE SERVICE..............................................................................................................8
5.1 SERVICE SCOPE ............................................................................................................................8
5.2 SERVICE COMPENSATION...............................................................................................................8
5.3 SERVICE CLASSIFICATION...............................................................................................................8
5.4 SERVICE SPECIFIC TERMS AND CONDITIONS...................................................................................8
Docusign Envelope ID:69ED314D-4220-41AO-B8B5-9FOD7EO4DEAF
Exhibit B
Specific Terms and Conditions - Technical
Services
1. Secure File Transport Service (SFTS)
1.1 Service Scope
The Secure File Transport Service is a direct technical service. It is also used by other services
as an Indirect Technical Service with costs being apportioned between all uses. Secure Internet
File Transfer Services are intended to provide the capability to encrypt transmission of files across
the Internet to the intended receiver of the file.
This service shall:
• Provide a password protected account for the agency to upload/download files for transfer
across networks.
• Provide a password protected account for the user of the service for which the agency
wishes to share files.
• Instruction to Agency and file sharing partners on how to correctly use this service.
• Encrypt files sent across the Internet to the intended receiver.
• Provide management, troubleshooting and support of the hardware and software used to
operate this service.
1.2 Service Compensation
The metric for the Secure Internet File Transfer Service will be the number of County and/or
Agency employees, Contractors or Service Accounts provided accounts to utilize this service.
For agencies providing electronic discovery to the Skagit County Prosecutor's office, Skagit
County will pay for one seat of this service for this purpose.
1.3 Service Specific Terms and Conditions
1.3.1 Provision of SFTS Accounts
Each account provisioned will need to meet the security needs of the agency. As such, there are
cases where many accounts may be needed by an agency to meet their security needs. Agency
shall discuss security options with County prior to provisioning of any SFTS accounts.
1.3.2 Agency Responsible for Data Preservation
All files that are transferred by this service are considered transitory. As such there is no backup
or disaster recovery processes that run on this system. In the event of a disaster, Information
Services will rebuild the system to its initial state. All data will be lost. The Agency is responsible
to ensure it has a copy of the primary record that will be transferred through this service.
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Docusign Envelope ID:69ED314D-4220-41AO-B8B5-9FOD7EO4DEAF
Exhibit B
Specific Terms and Conditions - Technical
Services
1.4 Agency Responsibilities
The agency shall be responsible to:
1) Provide all hardware and software to connect to the SFTS service.
2) Provide high speed Internet access to employees that will utilize this service
3) Provide all desktop support and client software support for Agency employees.
4) Provide staff or support contracts with knowledge of File Transport Protocol, desktop
computers and the Internet to configure and support their systems that will access
County's service.
1.5 Indirect Technical Services
This service does not utilize any indirect technical services.
1.6 Security Level of this Service
This service is rated to process up to Category 3 information.
2. Motorola Module Subscription Maintenance
1.1 Service Scope
The Motorola Subscription Service is used to allocated Motorola module maintenance costs
across different agencies based on the agency's use of the particular module used.
This service shall:
• Allocate the Motorola software subscription across each agency that uses the specific
module for which maintenance is being paid.
2.1 Service Compensation
The maintenance expense for each module shall be allocated across agencies by the number of
accounts each agency is licensed for. As an example, if an agency uses the Driver's License
Scanning module and Motorola charges the County $5,000 per year for the module and the
agency has 10 accounts,then the agency cost will be 10 accounts divided by the total number of
agency accounts that use the module times $5,000:
Agency accounts = 10
Total number of accounts = 100
Agency cost is: 10/100*$5,000 = $500
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Docusign Envelope ID:69ED314D-4220-41AO-B8B5-9FOD7E04DEAF
Exhibit B
Specific Terms and Conditions - Technical
Services
2.2 Service Specific Terms and Conditions
There are no specific terms and conditions for this service. This service is governed by the
Motorola licenses associated with each module of the Public Safety system.
2.3 Agency Responsibilities
The agency shall be responsible to:
1) Notify the County in advance if Agency wishes to procure a license to operate a Motorola
module.
2.4 Indirect Technical Services
This service does not utilize any indirect technical services.
2.5 Security Level of this Service
This service is rated to process up to Category 4 CJIS information.
3. Motorola Public Safety System Shared Services
3.1 Service Scope
The Motorola Public Safety System (MPSS) Shared service is an indirect technical service
used by all other Motorola services. The service consists of all expenses and labor associated
with the operation, maintenance, design, procurement, capital recovery of hardware, software,
technical services, contractual labor, or employee labor in performance of support of hardware,
software, or networking that is shared between all other MPSS services. The MPSS shared
service includes but is not limited to the following activities:
• Disaster Recovery and Backup Systems
• Training of County Staff on Motorola software and systems
• Procurement, training, installation, and management of hardware platforms used to
operate the MPSS
• Encryption hardware and software service
• Procurement, training, installation, and management of network equipment used to
support MPSS shared service
• Support of software modules shared between all services
• Support and maintenance of Geographic Information System Information into the Motorola
modules including GEO Validation, FLEX CAD Map, Classic Mobile. FLEX Mobile.
• MPSS Account Management
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Docusign Envelope ID:69ED314D-4220-41AO-B8B5-9FOD7E04DEAF
Exhibit B
Specific Terms and Conditions - Technical
Services
• Regional Inter-Governmental Network operation and support
• Motorola HUB module
• Digital Electronic Document Management to include:
o Configuration of MPSS to provide the capability to attach digital files to Motorola
records.
o Train the trainer support for the Agency
o Capacity management to ensure adequate storage exists for this service
o Backup and disaster recovery support of this service
o On-going normal support of this service
• Regional Inter-Governmental Service
o Configuration, installation and troubleshooting of network devices resident on the
RIGN and owned by Skagit County
o Configuration of Skagit County Firewall(s) and Switches for the purposes of
providing transport of data for services offered by the County that utilize the RIGN.
• Research and troubleshoot system problems
• Spatial data management
• Automation utilizing software scripts
• Supporting failover systems
• System updates, patching and configuration
• Data preparation, configuration, and data conversion
• System documentation and customer correspondence
• System testing
• Correspondence with vendors
• Cyber Security Program
3.2 Compensation
Compensation for this service shall be as defined in the General Terms and Conditions.
3.3 Service Metric
The current metric utilized to determine cost per agency shall be the sum of the number of
authorized accounts for Law Enforcement agencies and the number of Motorola licensed
apparatus' with access to the MPSS for fire and medical agencies.
3.4 Specific Service Terms and Conditions
3.4.1 Agency Responsibilities
The Agency shall be responsible for:
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Docusign Envelope ID:69ED314D-4220-41AO-BBB5-9FOD7E04DEAF
Exhibit B
Specific Terms and Conditions - Technical
Services
• The installation and maintenance of all equipment owned by the agency to use this
service, this may include photographic devices, video devices, audio devices, computer
and/or network equipment.
• Ensuring all hardware is compliant with published Motorola and County standards.
• Ensure files attached are compliant with published Motorola standards.
• To protect the confidentiality, integrity and accessibility of the MPSS, Agencies
processing Criminal Justice Information Systems (CJIS) information shall comply with
section 5.10.4 and 5.5.5 System and Information Integrity Policy and Procedures of the
Criminal Justice Information Systems Version currently released version as follows:
0 5.5.5 Session Lock
0 5.10.4.1 Patch Management
0 5.10.4.2 Malicious Code Protection
0 5.10.4.3 Spam and Spyware Protection
• Ensuring the file names are less than 128 characters for both the file path and file name.
• Ensuring that computer systems processing file attachments have the appropriate
CODECs or software required to read, process, or visualize attachments.
• For Access to RIGN:
o Procure, configure, support, and maintain any equipment it needs to access the
RIGN.
o Take proper actions to ensure the integrity and security if it's private network.
3.5 Indirect Technical Services
This service relies on the following indirect technical services to support the scope of work as
defined within this section:
• Disaster Recovery Services
Each indirect technical service will be included in the total billing for this service.
3.6 System Policies
Agency agrees to adhere to the MPSS Policies and Procedures Manual which shall be used for
policies and procedures that are specific to the operation and management of the MPSS system.
3.7 Security Level of this Service
This service is rated to process up to Category 4 information.
This service is not rated to support federally protected Medical Information covered under the
Health Insurance Portability and Accountability Act (HIPAA).
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Docusign Envelope ID:69ED314D-4220-41AO-B8B5-9FOD7E04DEAF
Exhibit B
Specific Terms and Conditions - Technical
Services
4. Motorola Law Services
4.1 Scope
The Law Service shall consist of, but not limited to the following activities in support of Authorized
Law Enforcement agencies utilizing the MPSS as follows;
• Access to the Motorola Records Management Module
• State Link (State Returns)
• Flex Client
• Flex Mobile Mapping
• Export of data to an agencies body camera vendor
• Support of and access to Domestic Violence Protection Orders System
• USB Security device management, replacement, and configuration
• Processing of Law Enforcement Reports
• Linx data export according to agency's configuration instructions.
• Training as applicable
• On-going normal support of above services
4.2 Compensation
Compensation for this service shall be as defined in the General Terms and Conditions.
4.3 Service Metric
The current metric utilized to determine cost per agency is based on the type of access to the
MPSS. This shall be the sum of agency accounts.
4.4 Specific Terms and Conditions
4.4.1 County Responsibilities
Transfer law enforcement agencies data,with the exception of tribal nations,to the Naval Criminal
Investigative Service (NCIS) Law Enforcement Information Exchange (LiNX) system. Data
transferred then becomes part of the National Data Exchange Program (N-DEx) system
4.4.2 Agency Responsibilities
The Agency shall be responsible for:
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Docusign Envelope ID:69ED314D-4220-41AO-B8B5-9FOD7EO4DEAF
Exhibit B
Specific Terms and Conditions - Technical
Services
• The installation and maintenance of all equipment owned by the agency to use this
service, this may include photographic devices, video devices, audio devices, computer
and/or network equipment.
• Ensuring all hardware is compliant with published Motorola and County standards.
• Ensure files attached are compliant with published Motorola standards.
• Access to the Regional Inter-Governmental Network or Skagit County Private's network.
• The agency is responsible to partition Flex data records, or request configuration
changes in the LiNX export, according to their needs.
4.5 Indirect Technical Services
The following indirect technical services are utilized by this service:
a) Secure File Transfer Service
As such an allocation of the cost of the service will be part of the billing.
4.6 Security Level of this Service
This service is rated to process up to Category 4 information.
This service is not rated to support federally protected Medical Information covered under the
Health Insurance Portability and Accountability Act (HIPAA)
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Docusign Envelope ID:69ED314D-4220-41AO-B8B5-9FOD7EO4DEAF
Exhibit B
Specific Terms and Conditions - Technical
Services
5. Administrative Service
This service is primarily an indirect technical service that supports all other services.
5.1 Service Scope
This service pays for costs that are used by all services.
5.2 Service Compensation
Compensation shall be the percentage of the cost for an agency in a quarter divided by the total
cost incurred by Skagit County Information Services. This is multiplied by the expense incurred
for administrative costs.
5.3 Service Classification
This service has no data classification rating.
5.4 Service Specific Terms and Conditions
There are no specific terms and conditions for this service.
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Docusign Envelope ID:69ED314D-4220-41AO-B8B5-9FOD7E04DEAF
Exhibit C
Data Sharing Agreement ( DSA)
The revised Code of Washington(RCW)39.34.240 requires a written agreement for information that is
identified as Category 3 or higher. For the purpose of this agreement,this is known as a Data Sharing
Agreement(DSA).
Purpose and Justification for Sharing of Data
The purpose of this DSA is to provide the requirements and authorization for the Agency to have access
to disparate datasets captured through the County's Motorola Public Safety System (MPSS)with
capabilities to search the Federal Bureau of Investigation and Washington State criminal databases,
including data that is derived from the Federal Government and called Criminal Justice Information (CJl).
The Criminal Justice Information Services(C IS)Security Policy written and administered by the United
States Department of Justice and Federal Bureau of Investigation (FBI) identifies controls and policies
required for the dissemination of the CAS information.
This information is considered Category 4 data.
DEFINITIONS
"Confidential Information" means information that may be exempt from disclosure to the public or
other unauthorized persons under either chapter 42.56 RCW or other state and federal statutes and
data defined as more sensitive than "public" and requires security protection. Confidential Information
includes, but is not limited to, social security numbers, credit card information, drivers license numbers,
personal Information, law enforcement records,agency security data,and data derived from Criminal
Justice Systems.
"Criminal History Data"shall mean data defined by the Criminal Justice Security Policy as Criminal
History Record Information as "information collected by criminal justice agencies on individuals
consisting of identifiable descriptions and notations of arrests, detentions, indictments,or other formal
criminal charges,and any disposition arising therefrom, including sentencing,correctional supervision,
and release."
"Data" means information obtained from the MPSS operated and maintained by Skagit County
Government.
"Data Access" refers to rights granted to Agency to access the MPSS which contains disparate datasets
related to systems, networks and/or applications with required information needed to implement these
rights.
"Data Encryption" refers to ciphers,algorithms or other encoding mechanisms that will encode data to
protect its confidentiality. Data encryption can be required during data transmission or data storage
depending on the level of protection required for this data.
Docusign Envelope ID:69ED314D-4220-41A0-B8B5-9FOD7E04DEAF
"Data Transmission" refers to the methods and technologies to be used to move a copy of the data
between systems, networks and/or employee workstations.
"Data Security" means defending information from unauthorized access,use,disclosure, disruption,
modification, perusal, inspection, recording or destruction.This applies regardless of the form the Data
may take (electronic, physical, etc.).
"Data Security Breach" means unauthorized acquisition of Confidential Information that compromises
the security,confidentiality or integrity of the Confidential Information maintained by the person or
business as defined in RCW 19.255.010.
"Data Storage" refers to the Data's state when at rest. Data can be stored on off-line devices such as
compact disks or on-line on County or Agency servers or employee workstations.
"Permissible Use" means only those uses authorized in this Agreement and as specifically defined.
"Personal Information" means information identified to any person, including, but not limited to
information that relates to a person's name, health,finances, education, business, use or receipt of
governmental services or other activities,addresses(except 5-digit zip code),telephone numbers, social
security numbers,driver license numbers, e-mail addresses,credit card information, law enforcement
records or other identifying numbers or Protected Health Information, any financial identifiers, and
other information that may be exempt from disclosure to the public or other unauthorized persons
under either RCW 42.56.360,chapter 42.56 RCW,or other state and federal statutes.
PERIOD OF PERFORMANCE
The Period of Performance shall be as defined in Section 2,Term of Agreement.
JUSTIFICATION FOR DATA SHARING
Local law enforcement in Skagit County may elect to share confidential information with other law
enforcement agencies or other entities in order to protect the lives of the citizens that they support.
Data sharing is done via two methods,direct access to information in the MPSS as directed by the
agency that creates the data or via interfaces to other systems as approved by the County Sheriff in
conjunction with other law enforcement agencies.
DESCRIPTION OF DATA TO BE SHARED
Data shared will include data received from State, Federal,other Washington Counties and locally
created data as approved by each agency of the MPSS. Data defined below may be shared by written
authorization.
Skagit County and the City of Anacortes agree to share confidential information to include:
Category 4:Criminal History Data as defined in the Criminal Justice Security Policy and derived from
federal, state or local law enforcement agencies.
• Arrests
• Detentions
• Indictments
Docusign Envelope ID:69ED314D-4220-41AO-B885-9FOD7E04DEAF
• Formal criminal charges
• Dispositions
• Sentencing
• Correctional supervision
• Release
DATA ACCESS
Agency shall access the MPSS via approved encrypted transport methods as approved by Skagit County
Government.
ACCESS SECURITY
Agency shall use MPSS access controls to access MPSS Data.
The Agency authorizes the County to set up permission for the following agencies to view Criminal
History Data. County staff shall configure access permissions based on this document or with specific
written direction by Agency.The Agency is responsible for any data sharing agreements required under
39.34.240 for the agencies listed following:
• The City of Burlington Police Department
• The City of Mount Vernon Police Department
• The City of Sedro-Woolley Police Department
• The Swinomish Tribal Nation Police Department
• The Upper Tribal Nation Police Department
DATA STORAGE AND HANDLING REQUIREMENTS
All data derived from the MPSS by Agency shall comply with Criminal Justice Security System Policy
requirements if stored on Agency workstations or Mobile Device Terminals (MDT). No Data at any time
may be processed on or transferred to any portable storage medium,with the exception of County
provided USB drives used to create encrypted sessions to the MPSS. MDT computing devices are not
considered portable storage medium in this context provided it is installed with end point encryption
and malware detection and resides in a physically secured area.
Data derived from the MPSS and turned over to courts shall be encrypted in transit.
PROTECTION OF DATA IN TRANSIT
All data shall be transferred via FIPS 140-2 compliant encryption protocols.County shall provide
encryption to access the MPSS.
DATA DISPOSAL
When the Agency no longer has a use for data that is stored externally to the MPSS,then it shall dispose
of the data as follows:
1. Category 4 CHRI shall be disposed using sanitation methods as described in the CJIS Security
Policy.
Docusign Envelope ID:69ED314D-4220-41AO-B8B5-9FOD7EO4DEAF
2. Category 3 data shall be sanitized via National Institute fo Standards(NIST)Special Publication
800-88.
INCIDENT NOTIFICATION
The compromise or potential compromise of Confidential Information pf the MPSS,that may be via
breach that requires notice to affected individuals under RCW 42.56.590, RCW 19.255.010,or any other
applicable breach notification law or rule must be reported by the Agency to the County Sheriff within
one(1) business day of discovery.
If the Agency does not have full details about the incident, it will report what information it has and
provide full details within 15 business days of discovery.To the extent possible,these initial reports
must include at least:
a) The nature of the unauthorized use or disclosure, including a brief description of what
happened,the date of the event(s)and the date of discovery;
b) A description of the types of information involved;
c) The investigative and remedial actions the Agency or its Subcontractor took or will take to
prevent and mitigate harmful effects and protect against recurrence;
d) Any details necessary for a determination of whether the incident is a breach that requires
notification under RCW 19.255.010, RCW 42.56.590,or any other applicable breach notification
law or rule; or
e) Any other information County reasonably requests.
The Agency must also take actions to mitigate the risk of loss and comply with any notification or other
requirements imposed by law or County.
Notification: If notification to individuals must, in the sole judgement of County, be made,the Agency
will further cooperate and facilitate notification to required parties,which may include notification to
affected individuals,the media,the Attorney General's Office, or other authorities based on the
applicable law.
At County's discretion,Agency may be required to directly fulfill notification requirements,or if County
elects to perform the notifications Agency must reimburse County for all associated costs.
AWARENESS AND/OR TRAINING
The Agency shall ensure that all staff with access to the MPSS described in this Agreement receive UIS
security awareness training as required by the CJIS Security Policy.