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HomeMy WebLinkAbout003693 Interlocal Agreement City of Anacortes-Agreement For Computer Network Access AGREEMENT FOR COMPUTER NETWORK ACCESS OO' 93 THIS AGREEMENT is made this I-r day of No vent(D?Y , 1960, by and between SKAGIT COUNTY, a municipal corporation, hereinafter referred to as the "County", and the CITY OF ANACORTES,a municipal corporation,hereinafter referred to as the "City". The parties to this Agreement, in consideration of the mutual covenants and stipulations setforth herein,agree as follows: 1. TERM OF AGREEMENT. The term of this Agreement shall be from January 1, 1997, through December 31, 1997, twelve (12)months unless terminated as specified herein. 2. PURPOSE OF AGREEMENT. The City and the County agree that subject to the terms and conditions that follow, the County will provide access to the "Force" computer software program and other software applications operated on Skagit County's computer system as deemed appropriate by the Information Services Department and the Sheriffs Department. Use of software shall be in accordance with the appropriate software vendors licensing policies and subject to the current and subsequent policies set forth in Section 12.5 of the County Personnel Policies and Procedures Manual(See Appendix A). 3. DATA AVAILABLE. The County shall allow the City access to computer programs and stored data compiled by the participating law enforcement agencies utilizing the County acquired Force computer software and stored in the Skagit County computer system. Access to the City's data and the data of other agencies will be established and managed by the County Sheriff as set out in the Agency User Agreement and in cooperation with each participating agency. Data entered into the system by any agency becomes a part of the Force database and will be subject to maintenance or archival procedures as determined by Skagit County. Extent of access shall conform with the regulations set forth in Chapter 13.50 RCW and other applicable federal,state,and local law. The City will not sell,give, loan, lease or otherwise transfer title, possession, or allow access or use of any of the data or screens by any person, firm, corporation or association without prior written approval of the County. Disclosure of data is the responsibility of the owner of the data in accordance with the Public Disclosure Act, Chapter 42.17 RCW. Other entities will not disclose data except through specific contracts and agreements with application and data owners. 4. RIGHTS IN DATA. The County does not convey, nor does the City obtain, any rights in the computer systems, programs, or related documentation owned and furnished by the County for the performance of this Agreement. All County owned equipment shall be subject to the policies set forth in section 12.5 (Appendix A) of the County Personnel Policies and Procedures Manual. 5. PROPRIETARY INFORMATION. Proprietary information disclosed by either party to the other for the purposes of this Agreement, b �l tSw o t!IC e..S CA r1 P01-rnYL.. Page 1 of5 City of Anacortes-Agreement For Computer Network Access00: ' 93 which is clearly so identified in writing as proprietary, shall be protected by the recipient in the same manner and to the same degree that the recipient protects its own proprietary information. Such information will be disclosed only to those employees of the recipient requiring access thereto in order to perform this Agreement. All information or data on the County network shall be treated as proprietary regardless of ownership. 6. CITY NOT TO HAVE OR USE LIST OF INDIVIDUALS FOR COMMERCIAL PURPOSES. The City agrees, warrants, promises and swears under penalty of perjury that it shall not use or allow others to use directly or indirectly the data, screens, or access thereto as a list or lists of individuals for commercial purposes. 7. THE COUNTY MAY PRIORITIZE PROVISION OF ACCESS. The County may limit, control or prioritize the access described herein to any extent necessary to prevent such from unreasonably disrupting the County's operations and to prevent excessive interference with other essential functions of the County and to the extent necessary to provide access to its public records by other members of the public. This includes scheduled shutdowns for backups or maintenance and unscheduled shutdowns due to hardware or software malfunctions. 8. PAYMENT. In consideration of the provision of access to the County's computer system and software as described herein, the City shall pay the County, an annual fee of$ 7,500.00, payable upon execution of this agreement and in January of each successive year of the agreement. 9. COSTS The City 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. Where required by the County, the City will buy equipment specified by the County for this computer network access. The City will be responsible for trouble shooting and maintaining their equipment and data link. Any equipment located at a County facility will become the property of Skagit County. As technology changes, the County, at the direction of the City may enhance the services provided by the network. The first City requesting enhanced networking services may be required to purchase the equipment required to support enhanced services. The acquiring City will be reimbursed a proportional share of the equipment purchase price by each City that subsequently subscribes to enhanced network services. Skagit County will pay the ongoing maintenance costs of this equipment. 10. ASSIGNMENT. The City agrees that it shall not assign any right or interest in this Agreement without the written permission of the County. Any attempted assignment by the City without written permission by the County, or its authorized agent, shall be wholly void and totally ineffective for all purposes. Furthermore, the City and the County agree that neither shall delegate any obligation,which he has under this Agreement without the written permission of the other party. Any attempted delegation without written permission shall be wholly void and totally ineffective for all purposes. Page 2 of 5 City of Anacortes-Agreement For Computer Network Access 00 c93 11. LIMITATION OF LIABILITY. The information supplied by the County described herein is provided on an "as is" basis "with all faults". Nothing contained herein shall be construed to require the County to maintain the information or data in a more current form than the County shall from time to time determine. The obligations of the County and the rights and remedies of the City set forth in this clause are exclusive and in substitution for all the warranties, obligations and liabilities of the County and rights, claims and remedies of the City against the County expressed or implied arising by law or otherwise with respect to any data provided hereunder, including but not limited to any implied warranty arising from course of performance, courses of dealing or uses of trade, and, any obligation, liability, right, claim or remedy for tort, or for any actual or alleged infringement of patents, copyrights or similar rights of third parties, or for any other direct,incidental or consequential damages. 12. INDEMNIFICATION AND HOLD HARMLESS. The City understands that Chapter 42.17 RCW imposes various penalties upon an agency for violation of its provisions. The City further understands that RCW 42.17.260(6) prohibits any public agency or employees from giving, selling, or providing access to lists of individuals for commercial purposes unless specifically authorized or directed by law. The City also understands that RCW 42.17.310(l)(c) excepts from public inspection and copying information required of any taxpayer in connection with the assessment or collection of any tax if the disclosure of the information to other persons would violate the taxpayer's right to privacy or would result in unfair competitive disadvantage to such taxpayer. The City understands that taxpayers may seek to recover damages for the unreasonable invasion of personal privacy or other rights recognized by Chapter 42.17 RCW and other laws. The City specifically and expressly agrees to indemnify and save harmless the County, its officers, agents and employees from and against any and all suits, claims, actions, losses, costs, penalties and damages of whatsoever kind and nature, including attorney's fees and claims by employees of the City, arising out of and in connection with or incident to the provisions of this Agreement, except that caused by the sole negligence of the County. The City specifically and expressly waives any immunity under Industrial Insurance, Title 51 RCW, and acknowledges that this waiver was mutually negotiated by the parties herein. In the event of litigation between the parties to enforce the rights under this paragraph, reasonable attorneys'fees shall be allowed to the prevailing party. 13. TERMINATION OF AGREEMENT-EVENTS OF DEFAULT. Without limiting the generality of the foregoing,this Agreement may be terminated by default upon an event of default,which events of default include but are not limited to the following: a. The City wrongfully uses the data provided by the County. b. Unauthorized copying of data. c. In the event this Agreement is determined to be in conflict with federal or state law, County resolutions or ordinances which are in effect at the time of this Agreement or may be imposed in the future. d. The City uses or attempts to use information provided in such a manner as to violate a taxpayer's right to privacy or to create an unfair competitive disadvantage for a taxpayer. e. The City 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. £ The City allows access to the screens or the data contained therein, or any part thereof,to be used as a list of individuals for commercial purposes. Page 3 of 5 City of Anacortes-Agreement For Computer Network Access 0 0 2 C 93 g. The City allows the connection of a computer network operated by any entity that is outside of the County's influence. h. The City violates any of the conditions set forth in Section 12.5 of the County's Personnel Policies and Procedures Manual,included as Appendix A. 14. SCOPE OF AGREEMENT. This Agreement and the Agency User Agreement referenced herein constitute the entire Agreement between the County and the City and supersede all proposals, oral or written, and all of the communications between the parties in relation to the subject matter of this Agreement. No other agreement or understanding exists between the County and the City except as expressly set forth in this Agreement. These terms and conditions shall prevail notwithstanding any additional or different terms and conditions of any other document or writing submitted by the City in respect to the data to be provided hereunder. 15. TERMINATION BY NOTICE. Any party to this Agreement may terminate the agreement, for any reason, by providing the other party with thirty(30)days prior written notice of its intention to terminate the agreement. 16. VENUE STIPULATION. This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually understood and agreed to by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action in law,suit in equity or judicial proceedings for the enforcement of this Agreement or any provisions thereof shall be instituted and maintained only in the courts of competent jurisdiction in Skagit County, Mount Vernon,Washington. 17. MODIFICATION. No change or addition to this Agreement shall be valid or binding upon either party unless such change or addition be in writing,executed by both parties. 18. GENERAL. a. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement shall be taken and construed as cumulative,that is, in addition to every other remedy provided here-in or by law. b. The failure of any party to enforce at any time any of the provisions of this Agreement,or to exercise any option which is herein provided, or to require at any time performance by the other party of any of the provisions hereof, shall in no way be construed to be a waiver of such provisions, nor in any way to effect the validity of this Agreement, or any part thereof, or the right of any party to thereafter enforce each and every such provisions. c. If any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not effect other terms, conditions or applications of the agreement. d. All terms,conditions applications of this Agreement are declared severable. e. The parties acknowledge that they have read and understand this Agreement, including any supplements or attachments hereto and do agree thereto in every particular. f. The remedies of the County in the case of default by the City are in no way waived by, limited by, or exclusively set forth in this Agreement. Page 4 of 5 City of Anacortes-Agreement For Computer Network Access 002 C .3 IN WITNESS THEREOF,the parties have caused this Agreement to be properly executed on this day of 1\)0\l,,Wt k 10 CITY OF ANACORTES BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY,WASHINGTON 74/.401,0_ DEAN MAXWELL, ayor HARVEY OLDEN,Chairman f'N( MIKE KING,Po e Chief ,Z6(Y1 ' 1ED W.ANDERSON,Commissioner City of Anacortes Mailing Address: City Hall 6th and Q Anacortes, WA 98221 ROBERT HART,Commissioner Approved: A f ESTED: MICAHEL ALMVIG, 4,fit amsf rteS Information Services M ger Clerk of the Board Approved as to Form Only: AVE FLEMING, anager P I .REI , Civil Litigator Page 5 of 5 City of Anacortes-Agreement For Computer Network Access APPENDIX A ')Cg '? 12.5- COMPUTER HARDWARE AND SOFTWARE POLICIES COMPUTER EQUIPMENT a. All computer related equipment purchased by Skagit County shall be the sole property of the County. All hardware, software, and accompanying documentation shall remain on County premises. 1. All software installed on a County-owned computer will be accompanied by the original master diskettes,or a site licensing agreement. There must be a one-to-one correspondence for all software and master diskettes and licenses. 2. No software or hardware shall be installed on any computer equipment, or peripheral equipment without approval from the Data Processing Department. This specifically includes games and other"shareware" types of programs. 3. Computers owned by individuals or external agencies may not be connected to any Skagit County equipment (hardware or software) unless they are approved for connection by the Data Processing Department. 4. External agencies who provide their own technical support may not work on any County owned equipment without prior scheduling with the Data Processing Department. 5. Changes to cabling and switch configurations shall be done through the Data Processing Department. Individuals within departments shall not modify site cabling without assistance from the Data Processing Department 6. County licenses the use of computer software from a variety of outside companies. County does not own this software or its related documentation and, unless authorized by the software developer, does not have the right to reproduce it. With regard to use on local area networks or on multiple machines, County employees shall use the software only in accordance with the license agreement. County employees learning of any misuse of software or related documentation within the company shall notify the department manager or County's legal counsel. According to the U.S. Copyright Law, persons involved in the illegal reproduction of software can be subject to civil damages of as much as $50,000, and criminal penalties, including fines and imprisonment. County does not condone the illegal duplication of software. County employees who make, acquire or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination. 7. Each individual shall be responsible for adherence to these policies and violations will result in disciplinary action. b. Electronic records, including E-Mail messages and bulletin boards are public records under the Public Disclosure Act (RCW 42.17) and the law governing preservation and destruction of public records (RCW 40.14). All employees are required to assure compliance with these laws in their use of electronic records. Appendix A Page 1 of 2 City of Anacortes-Agreement For Computer Network Access 00.793 APPENDIX A - Continued 1. The electronic communication/information system operated by the County shall be used to conduct County business only.Users of the electronic communications/information system shall exercise common sense and discretion in operation of the sstem to ensure that use of the system is appropriate, and maintains the professional integity of the County. The electronic communications/information system shall not be used for transmission of information that promotes or transacts the following: Discrimination on the basis of race, color, national origin, age, sex, religious creed; sexual harassment or harassment of any emplyee or member of the public; copyright infringement; political activity; personal business; or any unlawful activity. 2. User of any portion of the electronic communications/information system shall be limited only to those employees specifically authorized by the Information services Department. Unauthorized use of the system is strictly prohibited. 3. For the purposes of this section,the electronic communications/information system is defined as any application capable of processing information in digital electronic format including, but not limited to, electronic mail, voice mail, local databases, externally accessed databases, clip art, digital images,voice and sound recordings and any digitized information that may be made available on the local area network. 4. Because computer equipment is County property, employees have no right or expectation of privacy in it or its contents. The Information Services Department reserves the right to access computer equipment as it deems necessary for the conduct of business and enforcement of these policies. Appendix A Page 2 of 2