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HomeMy WebLinkAboutC20170106 Interlocal Agreement SKAGIT COUNTY Contract # C20170106 Page 1 of 38 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, Washington ("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; Exhibit A Technology Services; Exhibit B Copies of which are attached hereto and incorporated herein by this reference as if set forth herein. 1. PURPOSE: This agreement shall address 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 from January 1, 2017 through December 31, 2019. 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. 5.1 The County's representative shall be the Information Services Manager. 5.2 Agency's representative shall be the City of 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, INTERLOCAL AGREEMENT Page 1 of 5 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. 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. f) The Agency intentionally or unintentionally bypasses, security controls, policies, processes, or policies 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. 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.. 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, INTERLOCAL AGREEMENT Page 2 of 5 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 the County receives for Agency records held by the County pursuant to the Services subject to this agreement. 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 response to 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, attorney's fees, costs and penalties 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. 10. 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. 11. 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. INTERLOCAL AGREEMENT Page 3 of 5 GOVERNMENT AGENCY: City of Anacortes ,i7- - L Grimm ere, NI� Or ATTEST: r Clerk, City of Anacortes APPROVED AS TO FORM: Attorney, C ty\o Anacortes INTERLOCAL AGREEMENT Page 4 of 5 DATED this 6 day of Nlarrin , 2017. BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON . PM/\- We6O-V\.% o Wesen, Chair o, Kenneth A. Dahlstedt, Commissioner 9673 - Attest: Lisa Janicki, C m issioner v-- Clerk of the Board For contracts under $5,000: Authorization per Resolution R20030146 comme d : County Admin tr or Airt_ f(i3)A Department Head Sheriff, Will Reichardt Approved as to form: / -0_1( Z� L k Civil Deputy Prosecuting Attorney Approved as to indemnification: Risk Manager Approved as to budget: jtrje--,9 ) Budget& Finance Direct Exhibit A General Terms and Conditions — Technology Services 1 DEFINITIONS 1.1 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 total cost of delivering the service. All services below will identify if they are a direct technical service. 1.2 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. 1.3 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. 2.1 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. 2.2 SOFTWARE AND HARDWARE UPGRADES Software and Hardware upgrades differ from normally scheduled maintenance, in that systems Page 1 of 8 Exhibit A General Terms and Conditions — Technology Services 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. 2.3 EMERGENCY MAINTENANCE Emergency maintenance will be coordinated with the Agency when possible. 2.4 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. 4.1 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. 4.2 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 Page 2 of 8 Exhibit A General Terms and Conditions — Technology Services 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. • Data Center Service — The expenses and labor required to operate and maintain Skagit County's data centers. Cost is allocated by amount of space used per service. • File Transfer Services — The expenses and labor required to support secure Internet file transfer of data to other agencies or companies. • Regional Inter-Governmental Network (RIGN) Services — The expenses and labor required to support the RIGN, which connects Spillman Services to Agency systems over private networks. Each of these technical services use the same cost allocations model as described previously. 4.3 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.. 4.4 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. 4.5 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. Page 3 of 8 Exhibit A General Terms and Conditions — Technology Services 5.1 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 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. 6.1 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 regards to the delivery of telecommunications by third parties unless elsewhere specified in this agreement. 6.2 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. 7 CONFIGURATION MANAGEMENT All configuration changes to County provided services will be made by Skagit County Information or Geographic Information Services or system support vendors in coordination with the County. The Agency will provide County with a primary and alternate contact name of authorized personnel who can coordinate/request changes to the system. 8 DISASTER RECOVERY Where applicable, County shall implement a disaster recovery capability consisting of creating a Page 4 of 8 Exhibit A General Terms and Conditions — Technology Services 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. 9 GRANTS County has no obligation to support any grant award received by Agency unless specifically agreed to be the County as part of the service scope of work, as described in Exhibit "B". 10 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. 11 SUPPORT COVERAGE 11.1 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. 11.2 AFTER HOURS COVERAGE Page 5 of 8 Exhibit A General Terms and Conditions — Technology Services After hours support is not part of this agreement. There is no support offered outside of service desk hours. 12 LIMITATION OF LIABILITY 12.1 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. 12.2 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 reasonable attempts by County to replacement 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. 12.3 DAMAGES Neither party will seek damages, either direct, consequential, or otherwise against the other in addition to the remedies stated herein. 12.4 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. Page 6 of 8 Exhibit A General Terms and Conditions — Technology Services 13 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. All writings, programs, data, public records or other materials prepared by the Agency and/or its consultants or subcontractors, in connection with performance of this Agreement shall be the sole and absolute property of the Agency Vendors providing software, hardware or services shall retain all intellectual property rights for programs, documentation or other optional materials to County or Agency. 14 CONFIDENTIALITY 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. The County has the right to refuse acceptance of proprietary or confidential information supplied by the Agency. 15 DATA CLASSIFICATION Each service described 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 Page 7 of 8 Exhibit A General Terms and Conditions — Technology Services 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 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's 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. 15.1 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 been certified to process as well. 16 CRIMINAL JUSTICE INFORMATION SYSTEM MANAGEMENT CONTROL AGREEMENT For the purposes of compliance with section 5.1.1.4 of the Criminal Justice Information System Security Policy Version 5.4, Interagency and Management Control Agreements, Agency agrees that the Skagit County Sheriff shall be the Criminal Justice Agency (CJA) that will have management control of all systems, software, hardware, network equipment that is owned and operated by Skagit County Government and used to provide access to CJIS information for Agency. The Skagit County Sheriff shall maintain a Management Control Agreement (MCA) with Skagit County Information Services that meets the requirements of section 5.1.1.4 of the CJIS Security Policy. The Skagit County Sheriff shall have no control over equipment, software, hardware, network equipment owned by agency and used to interconnect to the County for the purposes of sharing CJIS information as provided in Exhibit B, Technology Services of this agreement. Agency shall be responsible for any Management Control Agreements that may be required for technical support of systems, software, hardware, or network equipment owned and operated by Agency per CJIS Security Policy. Page 8 of 8 Exhibit B Specific Terms and Conditions - Technical Services Contents 1 GEOGRAPHIC INFORMATION SERVICE [2] 1 1.1 SERVICE SCOPE 1 1.2 SERVICE COMPENSATION 1 1.3 SERVICE SPECIFIC TERMS AND CONDITIONS 1 1.4 INDIRECT TECHNICAL SERVICES 1 Security Level of this Service 1 2 STORAGE AREA NETWORK SERVICE [4] 2 2.1 SERVICE SCOPE 2 2.2 SERVICE COMPENSATION 2 2.3 SERVICE CLASSIFICATION 2 2.4 SERVICE SPECIFIC TERMS AND CONDITIONS 2 2.5 INDIRECT TECHNICAL SERVICES 2 2.6 SECURITY LEVEL OF THIS SERVICE 2 3 DISASTER RECOVERY SERVICE [5] 3 3.1 SERVICE SCOPE 3 3.2 SERVICE COMPENSATION 3 3.3 SERVICE SPECIFIC TERMS AND CONDITIONS 3 3.4 INDIRECT TECHNICAL SERVICES 3 3.5 SECURITY LEVEL OF THIS SERVICE 3 4 SECURE FILE TRANSPORT SERVICE (SFTS) [9] 4 4.1 SERVICE SCOPE 4 4.2 SERVICE COMPENSATION 4 4.3 SERVICE SPECIFIC TERMS AND CONDITIONS 4 Provision of SFTS Accounts 4 Agency Responsible for Data Preservation 4 Agency Responsibilities 5 4.4 INDIRECT TECHNICAL SERVICES 5 4.5 SECURITY LEVEL OF THIS SERVICE 5 5 SPILLMAN DIGITAL ELECTRONIC CONTENT SERVICE [12] 6 5.1 SCOPE 6 5.2 COMPENSATION 6 5.3 SERVICE CLASSIFICATION 6 5.4 SPECIFIC TERMS AND CONDITIONS 6 Agency Responsibilities 6 5.5 INDIRECT TECHNICAL SERVICES 7 6 SPILLMAN SHARED SERVICES [13] 8 Exhibit B Specific Terms and Conditions - Technical Services 6.1 SERVICE SCOPE 8 6.2 COMPENSATION 8 Service Metric 8 6.3 SPECIFIC SERVICE TERMS AND CONDITIONS 8 Agency Responsibilities 8 6.4 INDIRECT TECHNICAL SERVICES 9 6.5 SYSTEM POLICIES 9 6.6 SECURITY LEVEL OF THIS SERVICE 9 7 SPILLMAN BASIC SERVICE [17] 10 7.1 SCOPE 10 7.2 COMPENSATION 10 Service Metric 10 7.3 SPECIFIC TERMS AND CONDITIONS 10 Agency Responsibilities 10 7.4 INDIRECT TECHNICAL SERVICES 11 7.5 SECURITY LEVEL OF THIS SERVICE 11 8 SPSS INSIGHT SERVICE [23]-SKAGIT COUNTY LAW ENFORCEMENT AGENCIES 12 8.1 PURPOSE 12 8.2 SERVICE SCOPE 12 8.3 ADMINISTRATIVE RESPONSIBILITIES 12 8.4 TECHNICAL ROLES AND RESPONSIBILITIES 13 8.5 COMPENSATION 14 8.6 DATA LIMITATIONS 14 8.7 AGENCY RESPONSIBILITIES 14 8.8 SERVICE CLASSIFICATION 15 8.9 INDIRECT TECHNICAL SERVICES 15 9 LAW MOBILE SERVICE [25] 16 9.1 SCOPE 16 9.2 COMPENSATION 16 9.3 SERVICE CLASSIFICATION 16 9.4 SPECIFIC TERMS AND CONDITIONS 16 Agency Responsibilities 16 9.5 INDIRECT TECHNICAL SERVICES 17 10 REGIONAL INTER-GOVERNMENTAL SERVICE [26] 18 10.1 SERVICE SCOPE 18 10.2 SERVICE COMPENSATION 18 10.3 SERVICE SPECIFIC TERMS AND CONDITIONS 18 Agency Responsibilities 18 10.4 SECURITY LEVEL OF THIS SERVICE 18 11 ADMINISTRATIVE SERVICE [29] 19 11.1 SERVICE SCOPE 19 11.2 SERVICE COMPENSATION 19 Exhibit B Specific Terms and Conditions - Technical Services 11.3 SERVICE CLASSIFICATION 19 11.4 SERVICE SPECIFIC TERMS AND CONDITIONS 19 12 DATA CENTER SERVICE [36] 20 12.1 SERVICE SCOPE 20 12.2 SERVICE COMPENSATION 20 12.3 SERVICE CLASSIFICATION 20 12.4 SERVICE SPECIFIC TERMS AND CONDITIONS 20 13 SPILLMAN ENHANCED LAW SERVICE [49] 21 13.1 SCOPE 21 13.2 COMPENSATION 21 Service Metric 21 13.3 SPECIFIC TERMS AND CONDITIONS 21 Agency Responsibilities 21 13.4 INDIRECT TECHNICAL SERVICES 22 13.5 SECURITY LEVEL OF THIS SERVICE 22 Exhibit B Specific Terms and Conditions - Technical Services 1 Geographic Information Service [2] This service is an indirect technical service that supports the Geographic Information Services Department. 1.1 Service Scope This service pays for hardware, software, consumables and professional services to support the Geographic Information Services department. 1.2 Service Compensation Compensation shall be the total cost of all software, hardware, consumable items and professional services within a billing period. This cost shall be distributed by the number of hours for each service that is provided by the Geographic Information Services Department. 1.3 Service Specific Terms and Conditions There are no specific terms and conditions for this service. 1.4 Indirect Technical Services This service relies on the following indirect technical services in order to support the scope of the Geographic Information Service • Storage Area Network Service • Remote Access CITRIX Service • Secure File Transport Service An allocation of the cost of these services will be incorporated as part of the service cost. Security Level of this Service This services is rated to process up to Category 3 information. Page 11 Exhibit B Specific Terms and Conditions - Technical Services 2 Storage Area Network Service [4] This service is primarily an indirect technical service that supports the virtual server hosting environment. 2.1 Service Scope This service pays for hardware, software, consumables and professional services to support the Storage Area Network. 2.2 Service Compensation Compensation shall be the total cost of all software, hardware, consumable items and professional services within a billing period. This cost shall be distributed by disk space allocated for each type of disk system. 2.3 Service Classification This service is rated to process Category 3 information. Category 4 processing will require a separate service offering. 2.4 Service Specific Terms and Conditions There are no specific terms and conditions for this service. 2.5 Indirect Technical Services This service relies on the following indirect technical services in order to support the scope of the Geographic Information Service • Data Center Service An allocation of the cost of these services will be incorporated as part of the service cost. 2.6 Security Level of this Service This services is rated to process up to Category 3 information. Page 12 Exhibit B Specific Terms and Conditions - Technical Services 3 Disaster Recovery Service [5] This service is primarily an indirect technical service that supports the all services that create information. 3.1 Service Scope This service pays for hardware, software, consumables and professional services to support the Disaster Recovery system. 3.2 Service Compensation Compensation shall be the total cost of all software, hardware, consumable items and professional services within a billing period. This cost shall be distributed by the number of desktop workstations supported by Information Services. 3.3 Service Specific Terms and Conditions There are no specific terms and conditions for this service. 3.4 Indirect Technical Services This service relies on the following indirect technical services in order to support the scope of the Disaster Recovery Service • Data Center Service An allocation of the cost of these services will be incorporated as part of the service cost. 3.5 Security Level of this Service This services is rated to process up to Category 3 information. Page 13 Exhibit B Specific Terms and Conditions - Technical Services 4 Secure File Transport Service (SFTS) [9] 4.1 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: • Provided 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. • Management, troubleshooting and support of the hardware and software used to operate this service. 4.2 Service Compensation The metric for the Secure Internet File Transfer Service will be the number of County and/or Agency employees or Contractors 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. 4.3 Service Specific Terms and Conditions 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 in order to meet their security needs. Agency shall discuss security options with County prior to provisioning of any SFTS accounts. 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 Page 14 Exhibit B Specific Terms and Conditions - Technical Services 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. 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 or an RIGN connection 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. 4.4 Indirect Technical Services This service does not utilize any indirect technical services. 4.5 Security Level of this Service This services is rated to process up to Category 3 information. Page 15 Exhibit B Specific Terms and Conditions - Technical Services 5 Spillman Digital Electronic Content Service [12] 5.1 Scope This service provides the Spillman Imaging module for the purpose of adding digital attachments to electronic records resident in the Spillman Public Safety System (SPSS). This support shall include: • Configuration of SPSS to provide the capability to attach digital files to Spillman records. • Train the trainer support for the Agency • Capacity management to insure adequate storage exists for this service • Backup and disaster recovery support of this service • On-going normal support of this service 5.2 Compensation The metric for this service shall be ratio of used disk space versus the total allocated production disk space for the Spillman Public Safety System (SPSS). 5.3 Service Classification This service is rated to process Category 4 information. This service is rated to support Criminal Justice Information. This services is not rated to support federally protected Medical Information covered under the Health Insurance Portability and Accountability Act (HIPAA) 5.4 Specific Terms and Conditions Agency Responsibilities The Agency shall be responsible for: • 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 Spillman and County standards. • Ensure files attached are compliant with published Spillman standards. • Access to the Regional Inter-Governmental Network or Skagit County Private's network. • To protect the confidentiality, integrity and accessibility of the SPSS, the Agency shall comply with section 5.10.4, System and Information Integrity Policy and Procedures of the Criminal Justice Information Systems (CJIS) Version 5.4 as follows: Page 16 Exhibit B Specific Terms and Conditions - Technical Services O 5.10.4.1 Patch Management O 5.10.4.2 Malicious Code Protection O 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. • The agency shall be a subscriber to the SPSS Basic Law Service 5.5 Indirect Technical Services This service relies on the SPSS Shared and Basic Law services. Page I 7 Exhibit B Specific Terms and Conditions - Technical Services 6 Spillman Shared Services [13] 6.1 Service Scope The Spillman Public Safety System (SPSS) Shared service is an indirect technical service used by all other Spillman 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 SPSS services. The SPSS shared service includes, but is not limited to the following activities. • Disaster Recovery and Backup Systems • Training of Information Services Staff on Spillman software and systems • Procurement, training, installation and management of hardware platforms used to operate the SPSS • Encryption hardware and software service • Procurement, training, installation and management of network equipment used to support SPSS shared service • Support of software modules shared between all services • Support and maintenance of Geographic Information System Information into the Spillman GEOBASE SENTRYX software • SPSS Account Management 6.2 Compensation Compensation for this service shall be as defined in the General Terms and Conditions. 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 Spillman licensed apparatus' with access to Spillman for fire and medical agencies. 6.3 Specific Service Terms and Conditions Agency Responsibilities The Agency shall be responsible for: Page 18 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 Spillman and County standards. • Ensure files attached are compliant with published Spillman standards. • Access to the Regional Inter-Governmental Network or Skagit County Private's network. • To protect the confidentiality, integrity and accessibility of the SPSS, the Agency shall comply with section 5.10.4, System and Information Integrity Policy and Procedures of the Criminal Justice Information Systems (CJIS) Version 5.4 as follows: O 5.10.4.1 Patch Management O 5.10.4.2 Malicious Code Protection O 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. . 6.4 Indirect Technical Services This service relies on the following indirect technical services in order to support the scope of work as defined within this section: • Geographic Information Services • Storage Area Network Services • Disaster Recovery Services • Data Center Services • Regional Inter-Governmental Service Each indirect technical service will be included in the total billing for this service. 6.5 System Policies Agency agrees to adhere to the SPSS Policies and Procedures Manual which shall be used for policies and procedures that are specific to the operation and management of the SPSS system. 6.6 Security Level of this Service This service is rated to process up to Category 4 information. This services is not rated to support federally protected Medical Information covered under the Health Insurance Portability and Accountability Act (HIPAA). Page 19 Exhibit B Specific Terms and Conditions - Technical Services 7 Spillman Basic Service [17] 7.1 Scope The Basic Law Service shall consist of, but not limited to the following activities in support of Authorized Law Enforcement agencies utilizing the SPSS as follows; • Spillman HUB • Support of and access to the Imaging System • Access to the Spillman Records Management Module • Support of and access to the Imaging System • State Link (State Returns) • Spillman Summit • Spillman Summit CAD Mapping • Support of and access to Domestic Violence Protection Orders System • USB Security device management, replacement and configuration • Processing of Law Enforcement Reports • Training as applicable • On-going normal support of above services 7.2 Compensation Compensation for this service shall be as defined in the General Terms and Conditions. Service Metric The current metric utilized to determine cost per agency is based on the type of access to the SPSS. This shall be the sum of agency accounts. 7.3 Specific Terms and Conditions Agency Responsibilities The Agency shall be responsible for: Page I10 Exhibit 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 Spillman and County standards. • Ensure files attached are compliant with published Spillman standards. • Access to the Regional Inter-Governmental Network or Skagit County Private's network. • To protect the confidentiality, integrity and accessibility of the SPSS, the Agency shall comply with section 5.10.4, System and Information Integrity Policy and Procedures of the Criminal Justice Information Systems (CJIS) Version 5.4 as follows: O 5.10.4.1 Patch Management O 5.10.4.2 Malicious Code Protection O 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. 7.4 Indirect Technical Services The following indirect technical services are utilized by this service a) Data Center Service b) Secure File Transfer Service c) Spillman Digital Electronic Content Service As such an allocation of the cost of the service will be part of the billing. 7.5 Security Level of this Service This service is rated to process up to Category 4 information. This services is not rated to support federally protected Medical Information covered under the Health Insurance Portability and Accountability Act (HIPAA) Page 111 Exhibit Specific Terms and Conditions - Technical Services 8 SPSS Insight Service [23] —Skagit County Law Enforcement Agencies 8.1 Purpose The parties of this agreement intend to share Law Enforcement information, inclusive of Criminal Justice Information (CJI) with Agency. This agreement provides guidance for the creation, viewing, modification, transmission, dissemination, storage and destruction of CJI data. This agreement applies to the Agency and its contractors with access to, or who operate in support of Agency. 8.2 Service Scope This service provides the capability of doing law queries against participating agencies with Spillman Systems. The system is available to authorized Law Enforcement Agencies only. This support shall include: • Configuration, management and operation of the Insight Query Module • Network Security system support for secured encrypted access to participating agencies as required. • Insight Broker Server support, repair and Management • Security configuration for authorized law enforcement agencies within the boundaries of Skagit County, limited to two changes per year. 8.3 Administrative Responsibilities Agency and Skagit County will develop mutually and separately appropriate procedures for transmission, dissemination, storage and destruction of CJI data. 1. Agency shall determine if its criminal justice information shall be made available to the Insight Service network by providing direction in a memorandum to the County that it wishes to provide its information. By default none of the Agencies data will be shared with other Insight partners. 2. Agency has formalized written procedures for the following, if applicable: a. Handling and storage of information to protect that information from unauthorized disclosure, alteration or misuse. b. Password Management Page 1 12 Exhibit Specific Terms and Conditions - Technical Services c. Storage of CJI data d. Destruction of CJI data 3. Agency shall apply appropriate administrative, technical, and physical safeguards to insure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity. 4. Agency is responsible for compliance to technical standards as set forth in the CJIS Security Policy. 5. Agency will conduct periodic self-audits to ensure compliance with CJIS Security Policy. 6. Agency will ensure all appropriate staff members are trained according to state and federal requirements. 8.4 Technical Roles and Responsibilities Agency must comply with and enforce system security. Agency shall have someone designated as the security point of contact (POC). Security POC's shall be responsible for the following: 1. Identifying the user of the hardware/software and ensuring that no unauthorized users have access to the same. 2. Identifying and documenting how the equipment is connected to the Insight Service. 3. Ensuring that personnel security screening procedures are being followed as stated in the CJIS Security Policy. 4. Ensuring that appropriate hardware security measures are in place. 5. Supporting policy compliance and keeping County informed of security incidents. 6. Notifying County of a change in the technical POC at your Agency. Physical Security A physically secured location that is subject to criminal justice agency management control security addendum and which contain hardware, software, and/or firmware (e.g., information system servers, controlled interface equipment, associated peripherals or communications equipment, wire closets, patch panels, etc.) that provide access to the CJIS sensitive facilities and restricted/controlled areas shall be prominently posted and separated from non-sensitive facilities and non-restricted/controlled areas by physical barriers that restrict unauthorized access. All personnel with access to computer centers, CJI, or areas where CJI information is housed shall either be escorted by authorized personnel at all times or receive a fingerprint-based background check. All personnel must review security awareness training within six months of their appointment or assignment. Personnel Security Page 113 Exhibit Specific Terms and Conditions - Technical Services To verify identification, state of residency and national fingerprint-based record checks shall be conducted within 30 days of initial employment or assignment for all personnel who have authorized access to FBI CJIS information and those who have direct responsibility to configure and maintain computer systems and networks with access to FBI CJIS information. Agency shall use the data supplied by the Insight service only for the authorized purpose intended. Agency shall not use this data for any other purpose and shall not disseminate this data with any other parties unless required by law. Security Incident Reporting Agency shall report security incidents that result or may result in the unauthorized disclosure of CJI data to the County and Washington State Patrol. 8.5 Compensation For law enforcement agencies using this service who reside within Skagit County's boundaries, the metric shall be the number of Spillman accounts in use by that agency. 8.6 Data Limitations The County makes no warranty, expressed or implied, concerning the integrity of information provided or obtained through the SPSS Insight Service including the content, accuracy, currency or completeness, or concerning the results to be obtained from queries or use of the data. The SPSS Insight Service is provided "as is" and with all faults. The County makes no warranty of fitness for a particular purpose, and no representation as to the quality of any products supplied to the Agency. No employee or agent of the County or the Agency is authorized nor may waive or modify this paragraph. 8.7 Agency Responsibilities The Agency shall be a Criminal Justice Agency as defined by the Criminal Justice Information Services (CJIS) Security Policy Version 5.2, Section 3.2.4 or subsequent released versions of this policy. No information shall be released to a non-Criminal Justice Agency that is derived from the Insight Broker service without specific permission of the agency from which the information was derived. Page 114 Exhibit Specific Terms and Conditions - Technical Services 8.8 Service Classification This service is rated to process Category 4 information. This service is rated to support Criminal Justice Information as defined in the CJIS Security Policy Version 5.2 or subsequent versions of that policy. This services is not rated to support federally protected Medical Information covered under the Health Insurance Portability and Accountability Act (HIPAA) 8.9 Indirect Technical Services The following indirect technical services are utilized by this service a) Data Center Service As such an allocation of the cost of the service will be part of the service costs. Page 115 Exhibit B Specific Terms and Conditions - Technical Services 9 Law Mobile Service [25] 9.1 Scope This service provides the Spillman Mobile Software to devices intended to be mobile and authorized to access Law Enforcement Information. This support shall include: Configuration of Mobile device into Spillman system • Spillman Voiceless CAD software • Spillman Records Management System Query Module • Spillman Automated Vehicle Location Module • Driver's License Scanning Module • Mobile State Query • Keyfob management, replacement and configuration • Training as applicable • On-going normal support of above services Agency shall provide all computers and network equipment or services required to utilize this service 9.2 Compensation The metric for this service shall be the number of licensed apparatus. 9.3 Service Classification This service is rated to process Category 4 information. This service is rated to support Criminal Justice Information. This services is not rated to support federally protected Medical Information covered under the Health Insurance Portability and Accountability Act (HIPAA) 9.4 Specific Terms and Conditions Agency Responsibilities The Agency shall be responsible for: • The installation and maintenance of all equipment resident in Agency vehicles that access the Law Mobile Service • All costs to access the Internet. • Ensuring all hardware is compliant with published Spillman standards. • Access to Netmotion operated by the City of Mount Vernon Page116 Exhibit 1 Specific Terms and Conditions - Technical Services • Access to the Regional Inter-Governmental Network or Skagit County Private's network. The Agency shall be responsible for: • Ensure files attached are compliant with published Spillman standards. • To protect the confidentiality, integrity and accessibility of the SPSS, the Agency shall comply with section 5.10.4, System and Information Integrity Policy and Procedures of the Criminal Justice Information Systems (CJIS) Version 5.4 as follows: O 5.10.4.1 Patch Management O 5.10.4.2 Malicious Code Protection O 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. 9.5 Indirect Technical Services This service relies on the SPSS Shared Indirect Technical Service. As such an allocation of the cost of the service will be part of the billing. Page 117 Exhibit B Specific Terms and Conditions - Technical Services 10 Regional Inter-Governmental Service [26] This service is an indirect technical service that supports the Regional Inter-Governmental Network which connects many municipalities and the County together via a private and public networks. 10.1 Service Scope This service pays for hardware, software, consumables and professional services to support the Regional Inter-Governmental Network. Labor includes: • Configuration, installation and troubleshooting of network devices resident on the RIGN and owned by Skagit County • 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. 10.2 Service Compensation Compensation shall be the total cost of all software, hardware, consumable items and professional services within a billing period. These costs shall be allocated to the services that utilize the RIGN service. 10.3 Service Specific Terms and Conditions Agency Responsibilities Agency shall a) Procure, configure, support and maintain any equipment it needs to access the RIGN. b) Take proper actions to ensure the integrity and security if it's private network. 10.4 Security Level of this Service This service is rated to process up to Category 2 information. For greater security requirements other controls may need to be incorporated. Please contact Skagit County Information Services for questions related to network security. Page 118 Exhibit B Specific Terms and Conditions - Technical Services 11 Administrative Service [29] This service is primarily an indirect technical service that supports all other services. 11.1 Service Scope This service pays for costs that are used by all services. 11.2 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. 11.3 Service Classification This service has no data classification rating. 11.4 Service Specific Terms and Conditions There are no specific terms and conditions for this service. Page 119 Exhibit B Specific Terms and Conditions - Technical Services 12 Data Center Service [36] This service is primarily an indirect technical service that supports other services. 12.1 Service Scope This service pays for all expense that support the operation of Skagit County's data centers. 12.2 Service Compensation Compensation shall be the total cost of incurred in the operation of the data center multiplied by the ratio of the space in the data center used by the service divided by the total available space utilized by all services. 12.3 Service Classification The security rating for data stored at the Data Center is based on the controls placed to protect the information. The data center can store and process Category 4 information as long as the appropriate controls are in place. The data center currently has controls in place to process Health Insurance and Portability Accountability Act (HIPAA) protected and Criminal Justice information. 12.4 Service Specific Terms and Conditions This service relies on the following Indirect Technical Services. • Security Camera Service • Access Control Service Page 120 Exhibit E Specific Terms and Conditions - Technical Services 13 Spillman Enhanced Law Service [49] 13.1 Scope The Enhanced Law Service shall consist of, but not limited to the following activities in support of Authorized Law Enforcement agencies utilizing the SPSS as follows; • Civil Process • Fleet Management • Licenses/Permits • Premises Information • Personnel Management • Traffic Information • Support of the NIBRS (WIBRS) module • Support of the Sector Electronic Citations Interface • XML Accident Interface • XML Citation Interface • On-going normal support of above services 13.2 Compensation Compensation for this service shall be based on the modules used by each agency. For each item in the Scope, an agency will be charged based on the ratio of accounts with access to the SPSS for that agency. For labor and other incidental costs, the ratio shall be determined by the total number of modules uses by an agency divided by the total number in use by all agencies. Service Metric The current metric utilized to determine cost per agency is based on the type of access to the SPSS. This shall be the sum of agency accounts. 13.3 Specific Terms and Conditions Agency Responsibilities The Agency shall be responsible for: Page 121 Exhibit 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 Spillman and County standards. • Ensure files attached are compliant with published Spillman standards. • Access to the Regional Inter-Governmental Network or Skagit County Private's network. • To protect the confidentiality, integrity and accessibility of the SPSS, the Agency shall comply with section 5.10.4, System and Information Integrity Policy and Procedures of the Criminal Justice Information Systems (CJIS) Version 5.4 as follows: o 5.10.4.1 Patch Management O 5.10.4.2 Malicious Code Protection O 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. 13.4 Indirect Technical Services The following indirect technical services are utilized by this service a) Data Center Service b) SPSS Shared Service c) Spillman ECM Service for Sector Citations As such an allocation of the cost of the service will be part of the billing. 13.5 Security Level of this Service This service is rated to process up to Category 4 information. This services is not rated to support federally protected Medical Information covered under the Health Insurance Portability and Accountability Act (HIPAA) Page 122