HomeMy WebLinkAboutC20100656 Interlocal Agreement SKAGIT COUNTY
Contract # C20100656
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INTERLOCAL PUBLIC SAFTEY
TECHNOLOGY SERVICE AGREEMENT NTq
BETWEEN SKAGIT COUNTY AND THE
isHiNG-1° CITY OF ANACORTES
'I PARTIES
This AGREEMENT is made and entered into by and between City of Anacortes,
("Agency") and Skagit County, Washington ("County") pursuant to the authority granted
by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT.
2 PURPOSE
This agreement shall address Agency access to Public Safety Services which include
information derived from the Spillman Public Safety System, hereinafter known as the
SPSS. The SPSS shall also include the Mug Shot System, hereinafter known as MSS,
and Domestic Violence Protection Orders System, hereinafter known as DVPOS.
3 DEFINITIONS
Current Payment Period - The Current Payment Period shall be-the first, second, third
or fourth quarter of the year that is accruing expenses when termination notice is given.
The first quarter of the year shall be January through March, the second quarter shall be
April through June, the third quarter shall be July through September, and the fourth
quarter shall be October through December.
Partner Agency - All agencies that have entered into an Inter-local agreement with the
County for Public Safety Technology Services.
System Management Plan -A document created by Skagit County Information Services
in conjunction with the Partner Agencies that details information management policies,
procedures and guidelines regarding the Public Safety Technology Services. The System
Management Plan is based on the Skagit County Information Technology Security
Standards and Guidelines and documents management items that are required to exceed
the security and management standards. For the purposes of this contract the SPSS
Policies and Procedures shall fulfill the function of the System Management Plan.
4 Administration
The following individuals are designated as representatives of the respective parties. The
representatives shall be responsible for the administration of this Agreement and for
coordinating and monitoring performance under this Agreement.
In the event that such representatives are changed, the party making the change shall
notify the other party.
The County's representative shall be Mike Almvig.
The Agencies representative shall be
5 GENERAL TERMS AND CONDITIONS
5.1 DURATION
This Agreement commences upon execution by signature of both parties and shall
terminate on January, 1st 2014.
5.2 NO JOINT VENTURE
It is understood that this agreement is solely for the benefit of the parties hereto and
give no right to any other party. No joint venture or partnership is formed as a result of
this agreement.
5.3 USE OF SOFTWARE
Use of the SPSS system shall be in accordance with the licensing terms and conditions
of Spillman Technologies, Inc., which are available via Skagit County's public web site
or from the Contract Administrator.
To access all agreements between County and Spillman Technology Inc., please use
the Contract Search available at the following link:
http:/Iwww.skagitcou ntv.net/apes/Commissioners/ContractSearch/defau It.aspx
Specify "Spillman" in the Contractor Name field.
5.4 DATA AVAILABLE
The County shall deliver data derived from the SPSS to network devices accessible to
Agency personnel and software applications.
Extent of access shall conform to the SPSS Policies and Procedures and regulations
set forth in Chapter 13.50 RCW and other applicable federal, state, and local law.
The Agency 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 or as required by federal, state,
or local law.
5.5 PROPRIETARY INFORMATION
Proprietary or confidential information disclosed by either party to the other for the
purposes of this Agreement, 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.
5.6 PUBLIC DISCLOSURE
As a public agency, the County is bound by the Public Disclosure and Criminal Records
laws as declared in Chapter 42.56 RCW, the Washington State Criminal Records Act,
Chapter 10.97 RCW and other applicable state and federal laws.
Terms for addressing request for public information shall be as provided dependent on
whether the information requested is owned by a Washington State Municipality or a
Sovereign Nation.
5.6.1 Applicable to Washington State Municipalities only.
Dissemination of data or information is the responsibility of the agency recording the
data or information in accordance with this Agreement and Public Disclosure Act,
Chapter 42.56 RCW, the Washington State Criminal Records Act, Chapter 10.97 RCW
and other applicable state and federal laws. Other entities will not disclose data except
through specific contracts, court orders or agreements with application and data
owners.
Agency and the County agree that all records are owned by the Agency and maintained
by the County for the exclusive benefit of the Agency. Nothing in this agreement is
intended to create a situation where the County has Agency records in its possession or
control for purposes other than maintenance and operation of this agreement. Agency
agrees that it is solely responsible for responding to public records requests.
In the event County receives a public records request for Agency information or records
covered under this agreement, County will immediately forward such request to Agency.
Agency will assume all responsibility for the handling and satisfaction of the forwarded
request and agrees to defend, indemnify and save harmless the County, its appointed
and elective officers and employees, from and against all loss or expense, including but
not limited to judgments, settlements, attorneys fees and costs by reason of any and all
claims and demands upon the County, its elected or appointed officials or employees
related to any requests for Agency records covered under this agreement.
5.6.2 Applicable to Agencies that are Sovereign Nations only.
County is a public agency and as such is required to allow members of the public
access to certain materials within Skagit County's control or possession. In the event
Skagit County receives a public records request for information clearly belonging to
Agency, and not available in other form by other municipalities, within five days of
receiving such request and prior to providing any materials to the Requestor, Skagit
County will notify Agency of such request for information and will make attempts to
provide Agency with adequate time to seek a protective order under applicable law.
5.7 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 may include scheduled shutdowns for backups or maintenance and unscheduled
shutdowns due to hardware or software malfunctions.
5.8 SERVICE AVAILABILIY
The SPSS and Skagit County networks will be available twenty-four (24) hours per day,
seven (7) days a week with the following exceptions.
5.8.1 SCHEDULED MAINTENANCE
Skagit County Information Services 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 to the SPSS for a period of time.
5.8.2 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.
5.8.3 EMERGENCY MAINTENANCE
Emergency maintenance will be coordinated with the Agency whenever possible.
5.8.4 SYSTEM FAILURE
It is possible that the system may fail due to unforeseen hardware, software or network
failure. In the event of a system failure, Skagit County will work to restore service as
soon as possible, the County may move service to the backup server if needed.
5.9 AGENCY MAINTENANCE DEMARCATION POINT
Skagit County will repair, configure and maintain the SPSS from each system to the
Agency's' Ethernet side of the last network device owned and maintained by Skagit
County. Responsibility to repair, configure or maintain Agency workstations, electronic
messaging systems, network equipment, network transmission lines, printing devices,
smart devices, or any other equipment or software application resident on Agency's
network shall be the responsibility of the Agency.
5.10 SUPPORT COVERAGE
5.10.1 SKAGIT COUNTY SERVICE DESK COVERAGE
The Skagit County service desk is staffed approximately 8 hours per day, five days a
week, excluding holidays. Support hours are generally from 8:00 AM - 4:30 PM. The
phone number is:
(360) 419 - 3338
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
SUPPORT@CO.SKAGIT.WA.US.
The Agency is responsible for providing a current contact list to Skagit County
Information Services.
5.10.2 After Hours Coverage
After hour basic support is not part of this agreement. Currently the County has no after
hours support.
5.11 CONFIGURATION MANAGEMENT
All configuration changes to the SPSS system will be made by Skagit County
Information Services or Spillman Technologies Incorporated in coordination with the
County. The Agency will provide Skagit County Information Services with a primary and
alternate contact name of authorized personnel who can coordinate/request changes to
the system.
5.12 DISASTER RECOVERY
Skagit County Information Services shall implement a disaster recovery capability
consisting of creating a secondary copy of the SPSS system to alternate media on a
nightly basis. 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 SPSS services and data.
5.13 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 Agency determines to disconnect from access to Skagit County's network or
Skagit County's RIGN they must notify the County immediately. Such action will
terminate this agreement.
The County, in conjunction with the partner agencies shall work to comply with local,
state and federal security standards and requirements, inclusive of the federal Criminal
Justice Information Systems security requirements, SPSS Policies and Procedures
Manual, Skagit County Security Policy, and Information Technology Security Standards
and Guidelines. A System Management Plan for the SPSS shall be created to address
specific security or system management issues that pertain specifically to the SPSS.
The SPSS Policies and Procedures Manual is available to Spillman Customers through
the help link on the Spillman screen.
The Skagit County Security Policy is available on Skagit County's public web site. You
may access this document at the URL listed below or by using the Commissioner's
Ordinance and Resolution Search for Resolution Number 20020125.
http:llwww.skagitcountv.net/apps/commissioners/ResolutionOrdinanceSearch/Selected
Results.aspx?wc='R20020125'
The Information Technology Security Standards and Guidelines document is available
upon request to the County Information Services department. Please contact the
contract administrator for this document.
5.13.1 AUTHORIZED USE
This agreement is intended for use by the Agency's authorized agents only. All
accounts must be approved by Skagit County Information Services per SPSS Policies
and Procedures.
5.13.2 INDIRECT ACCESS
Agency will take measures to prevent unauthorized third party indirect access to the
SPSS system. Examples of this would include but not be limited to gateways, dial-up,
or cascaded telnet sessions where the originator is not a Agency authorized user of the
RIGN or State Inter-Governmental Network, but whose resultant IP address would
appear to the network as being the Agency's address.
5.14 ORIGINATING AGENCY IDENTIFIERS
To accommodate management of the Originating Agency Identifiers (ORI) as required
by federal and state law enforcement agencies. Current Federal requirements or
technology are subject to change, however, currently It is required that each terminal,
workstation, laptop, tablet pc, pocket pc, or other device that will require use the SPSS
State Access application to access state or federal criminal history or other information
that requires an ORI designation be statically addressed.
The static address must be at the Internet Protocol address level not at the device
Ethernet (MAC) level. Please have your technical support staff contact Skagit County
Information Services if there are any questions regarding this protocol.
Network devices that do not require access to State or Federal criminal histories or
other information delivered by the State Access application do not need an ORI and
consequently do not need to be statically mapped.
5.15 AGENCY FIELD OFFICE ENVIRONMENT
The Agency is responsible for providing an acceptable operating environment for all
equipment used to access the SPSS. The Agency is responsible for the security,
power quality and cleanliness of the equipment environment. Equipment replacement
due to damage resulting from, but not limited to, power surges, water damage, improper
handling or extremely high temperatures is the responsibility of the Agency.
6 SERVICE OFFERING
6.1 SPILLMAN PUBLIC SAFETY SYSTEM SERVICE
Basic support shall consist of SPSS software administration, server hardware support,
operating system administration, and network management and troubleshooting to
Agency demarcation point. Support shall include failover server and replication
management, Criminal Justice Information System (CJIS) security requirement
management, disaster recovery planning, capacity management planning, and SPSS
service management, monitoring and reporting.
Basic support shall apply to all public safety personnel who are authorized agents of
Agency with access to the SPSS. Public Safety personal are considered Law
Enforcement, Prosecutors, Fire Personnel, 911 dispatchers and supporting staff.
•
Agency is responsible to provide computing devices, for its authorized agents that
comply with published Spillman Technology standards for the current SPSS software
revision level and published Skagit County MSSIDVPOS technology standards.
7 Service Reliability
The Mean Time Between System Incidents (MTBSI) shall be tracked by County, with a
target goal of having no more than 4 system incidents per annum.
A system incident shall be defined as an outage of the system where no agencies can
access basic services as defined herein and where the issue is a result of equipment,
software, hardware or network that is under the control of County.
Since State Link is dependent on State systems to deliver that service to the SPSS, loss
of State Link will be tracked as a separate incident with a target MTBSI of 12 per annum.
8 TERMINATION
8.1 TERMINATION FOR CAUSE
If for any cause, the County or the Agency does not fulfill in a timely and proper manner
its performance obligations under this Agreement, or if either party violates any of these
terms and conditions, the aggrieved party will give the other party written notice of such
failure or violation. The responsible party will correct the violation or failure within 60
working days. If the failure or violation is not corrected, this Agreement may be
terminated immediately by written notice from the aggrieved party to the other party.
Upon termination of this Agreement, Agency will pay its appropriated share for all
services rendered within the current payment period.
8.2 TERMINATION FOR PUBLIC CONVENIENCE
Either the County or Agency may terminate the contract in whole or in part whenever
the County or Agency determines, in its sole discretion that such termination is in the
best interests of the County or Agency. Whenever the contract is terminated in
accordance with this paragraph, County shall be entitled to payment for work performed
through the current payment period. No adjustment shall be made for loss of
anticipated profit or deleted or uncompleted work. Termination of this contract at any
time during the term, whether by default or for convenience, shall not constitute a
breach of contract.
The termination date of this agreement shall be the first day after the current payment
period expires. A minimum of 30 days notice before the current payment period end
shall be provided by Agency or County when terminating this agreement.
8.3 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. 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 Agency 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 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.
f. If the vendor of the SPSS changes its support, architecture, licensing, policy
or creates any other condition that would create a situation where Skagit
County could no longer meet the scope of work as defined in appendix A.
g. The agency violates the account management terms as provided in the
SPSS Policies and Procedures.
9 PAYMENT FOR SPSS SERVICES
9.1 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.
9.2 CALCULATIONS FOR PUBLIC SAFETY TECHNOLOGY SERVICES
The current metric utilized to determine cost per agency is based on the type of access
to the SPSS. As an example, fire personal do not have the same access to the SPSS
as law enforcement personal so a different rate will be applied that more fairly
distributes actual costs. This metric can be changed if needed by the partner agencies
under the following conditions:
1) a quorum of the partner agencies agree to the metric change.
2) the metric is relatively easy to determine by Skagit County Information Services
3) the metric is applicable to all partner agencies
4) the metric may only be changed 30 or more days before the next quarter billing
period and shall apply to the next billing period and beyond.
Upon a change of metric, the form of the metric shall be documented and notification
shall be sent to each of the agency representatives.
The formula for Public Safety Technology Services Billing shall be:
(TEQ .. S ) * AM/TM
Where;
TEQ = Total cost of support for systems required to support Public Safety Technology
Services 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 if Metric items of all Agencies.
This formula is applied to each type of Account, based on the use of the Public Safety
System by that account type.
9.3 SPILLMAN PUBLIC SAFETY TECHNOLOGY SYSTEM LICENSING COSTS
AND REQUIREMENTS
The Agency shall be responsible to pay for licensing costs required by Spillman
Technologies, Inc. This may additionally include a separate license agreement with
Spillman Technologies, Inc. Agency also agrees to comply with all terms and conditions
of any Spillman License agreement Agency as separately negotiated and signed with
Spillman.
County requests to review license terms and conditions between Agency and Spillman
Public Safety systems to ensure no conflict in license terms arise.
9.4 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. The Agency will
be responsible for trouble shooting, maintaining and managing their equipment and
network to the County demarcation point.
Equipment that is resident in County facilities shall be tagged with an inventory tag
identifying that equipment as Agency owned.
9.5 TAXES
9.5.1 COUNTY PAYMENT OF TAXES
If the County is required to pay sales or use tax in order to provide service under this
Agreement, such taxes will be added to the TEQ (Total cost of support for systems
required to support Public Safety Technology) as defined in section 10.2.
9.6 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.
Amounts disputed by Agency under Section 8.2 are not subject to late payment charges.
10 LIMITATION OF LIABILITY
10.1 NON-CONFORMING SERVICES
For any services which fail to conform to the specification of this Agreement and such
failure is caused solely by the negligence of Skagit County, the County's liability shall be
limited to not charging the Agency for the quarter period in which the service 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, software system failure or other
unforeseeable conditions that result in the unavailability of service to Agency.
10.2 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 the replacement or regeneration of lost or
damaged data from the County's supporting material up to a maximum of $5,000 per
year.
10.3 EQUIPMENT DAMAGE
For any equipment damaged as the result of negligence by either party, that party will be
obligated to pay for repair or replacement of that equipment. If both parties are negligent,
the parties agree to apportion between them the damage attributable to the actions of
each. Liability for equipment shall be limited to the actual replacement cost.
10.4 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.
10.5 DAMAGES
Neither party will seek damages, either direct, consequential, or otherwise against the
other in addition to the remedies stated herein.
10.6 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.
11 SOVEREIGN NATION RESOLUTION WAIVING SOVEREIGN IMMUNITY
Further, County cannot process this agreement without a resolution from the Sovereign
Nation Council waiving sovereign immunity.
12 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.
13 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.
14 TREATMENT OF ASSETS
No fixed assets or personal or real property will be jointly or cooperatively, acquired, held,
or disposed of pursuant to this agreement.
14.1 PROPERTY TITLE
Title to all property furnished by the County shall remain with the County. All property
furnished by the Agency shall remain with the Agency.
14.2 USE OF PROPERTY
Any property furnished by the County to the Agency shall, unless otherwise provided in
this contract, or approved by the owner, be used for the performance of this contract.
14.3 LOSS OR DAMAGE
The Agency shall be responsible for any loss or damage to property of the County which
results from negligence of the Agency or which results from the failure on the part of the
Agency to maintain and administer the property in accordance with sound management
practices.
14.4 PROPERTY LOSS NOTIFICATION
If any County property is lost, destroyed, or damaged, Agency shall promptly notify the
County and shall take all reasonable steps to protect the property from further damage.
14.5 SURRENDER OF PROPERTY
Both parties shall surrender to the other all property owned by the other prior to
settlement upon completion, termination, or cancellation of this Agreement.
14.6 AGENCY EMPLOYEES OR AGENTS
All reference to the Agency under this clause shall include any employees or agents of
Agency.
15 OWNERSHIP OF ITEMS PRODUCED
All writings, programs, data, public records 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.
Spillman Technologies, Inc. shall retain all intellectual property rights for programs,
documentation or other optional materials provided by Spillman Technologies, Inc. to
County or Agency.
16 SIGNATURE BLOCKS
The parties acknowledge that they have read, understand and accept this Agreement,
including any supplements or attachments, and that this Agreement constitutes the entire
agreement between them and supersedes all other communications, written or oral,
relating to the subject matter of this Agreement.
GOVERNMENT AGENCY:
Title of Signatory
(Date I ' /.J }/: )
Print Name of Signatory
Mailing Address:
(Street address required
in addition to P.O. Box)
541 /q64 js+
�) `Jt4
4 ���1
IN WITNESS WHEREOF, the parties have executed this Agreement this aaday
of s ;.r; ;—: lb ram , 2010.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY, WASHINGTON
Sharon D. Dillon, Chair
Pf").-\ 1-)17
7 Wesen, Commi inner
kAtivai a t
Kenneth A. Dahlstedt, Commissioner
For contracts under$5000:
County Administrator
(Authorization per Resolution#R20030146)
Recom en
By:
Depa ment Head
By:
Budget & Finance ' ector
Approved as to Indemnification:
ByUI it_i a_et/fyaL. .Z' A.21,26,/ ,P/
Risk Manager
Approved as to Form:
cRK:IL -i\K-KC-2-\ \ . D oi; o it '
Deputy Prosecuting Attorney
est:
Clerk of the Board