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HomeMy WebLinkAboutC20100656 Contract Modification A20120147 SKAGIT COUNTY Amendment# A20120147 Page 1 of 7 AMENDMENT TO INTERLOCAL PUBLIC ;3;a SAFETY TECHNOLOGY SERVICE AGREEMENT C20100656 BETWEEN SKAGIT COUNTY AND THE CITY OF 4141I ANACORTES 9 PARTIES This AGREEMENT amends Interlocal Agreement is made and entered into by and between the 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 amendment addresses the terms and conditions relating Agency funding and operation of Spillman Mobile Software (SMS) to be installed in Agency law enforcement vehicles and consisting of the following software modules. Voiceless Dispatch Automated Vehicle Location Records Management System Query State System Query Driver's License Scanning. 3 ADMINISTRATION The following individuals are designated as representatives of the respective parties. The representatives shall be responsible for administration of this Agreement and for coordinating and monitoring performance under this Agreement. In the event such representatives are changed, the party making the change shall notify the other party. 4.1 The County's representative shall be the County's Information Services Director or Designee and Skagit County Sheriff. , 4.2 The Designee City of Anac°rte s representative shall hall be O�NER�H/P OFthe Anacortes P Skagit County THE$M3 SySTEM Police Chief or servers Mobile Server��shall twin fill ownership yy and agit to support lled at County facilities, o n rs�p of the S D nership of SAS access.:1ties, and an Tech a system network ° t which REQUIRED E all equipment procured equipment Skagit County, shall consist of Access rship o TERMS urea by the Agency with ed encyhardware the Sheriff. �� the ��� s �ACCESS T© TM cY shall remain with County procedural o Skagit f,- Coon/ be the so E red th the Agency. 6 GENE configuration conflictsn Sheriff be�� absolute - RAC TERMS AND �n any aspect D and discretion of the 6.1 TERMINATION CONDITIONS the system operation tY for Skagit County ��a'�amendment and/or use. Spillman County Sheriff terminate a This Any bile Licenses. t will tes s not reimburse if the g,2 U endment terminates a the County�� Security Grant, Use USE OF SOFTIVA� s°n the date °f t 5,� of the t to owarded to t Spillman tT SI t�j� s E he original agreement, procure /�Q Agency Technologies, be in Decor January 7 sr for use cY agrees t execute Inc., Which accordance with 2014. e of s �systems.to any lice a available trth�, licensing G pATq license agreement as Aired n terms and condition The AVAI�AR�E required by spilt s of Agency County e� shall deliver man T echno%gins sonnet and software data derived froi application$ the Sti1S to network devices ac cessrb/�' to Extent of access shall conform to the Spillman Policies and Procedures and regulations set forth in Chapter 13.50 RCW and other applicable federal, state, and local law. 7 AGREEMENT OF SMS CLIENT SOFTWARE LOAN County agrees to procure 23 licenses for Agency with five years of pre-paid maintenance at a cost of $1,903.45 per Law Enforcement Vehicle ($43,779.35) including applicable taxes. Each Vehicle that communicates with the Spillman Public Safety System is required to have an SMS Client license per Spillman Technologies License policy. Agency agrees to reimburse County for initial SMS Client license procurement over a period of five (5) years with an interest rate of 0%. Payments will be billed at each quarter of the year in January, April, July, and October starting on the first quarter after the SMS Client is installed on Agency Law Enforcement Vehicles. Agency agrees that if they fall behind on the payment schedule by greater than 90 days that County may charge interest of land 1/z percent per year on all funds that are outstanding greater than 90 days. 8 SERVICE OFFERING 8.1 SPILLMAN MOBILE SYSTEM (SMS) SERVICE SMS client support shall consist of assistance in installation and troubleshooting of SMS client software. Agency shall support all hardware components, operating systems, network and third party software resident within their Law Enforcement Vehicles. SMS Server support shall consist of software administration, support of server hardware that SMS software operates on, Server network management and troubleshooting to the demarcation point at Agency's firewall, management of Criminal Justice Information System (CJIS) technical security requirements, disaster recovery planning, capacity management planning, SMS service management, monitoring and reporting. 9 SERVICE SUSPENSION The Agency agrees that the County may suspend, without notice, the privileges of any Agency to obtain information through the SMS if County has reasonable cause to believe that Agency has violated any provision of this agreement, including, but not limited to: the confidentiality protections, security requirements, inappropriate data entry, and payments of fees. In such event, or in the event of an alleged breach of the terms of this agreement for which County has elected to impose an emergency suspension, County will provide a written notice of the circumstances to the Agency. A meeting will then be scheduled by the Skagit County Sheriff within a reasonable amount of time (and in no event, more than thirty days after the notice) to afford the accused Agency the opportunity to explain or rebut the allegations of breach. The decision on whether the accused Agency will be allowed to continue as a member or be terminated will be decided by the Skagit County Sheriff. Further County retains the right to shut down the SMS or portions of the SMS for security, public safety, maintenance, network integrity or other good cause as determined by the Skagit County Sheriff or Skagit County Information Services Director. In the event of such an occurrence, where practical, County shall notify the Agency. 10 PAYMENT FOR IBS and SMS SERVICES Service costs for the SMS shall be as defined in the originating agreement. Agency shall not be billed for service until they are actually using the SMS service. 11 INDEMNIFICATION Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party harmless from any such liability. It is further provided that no liability shall attach to County by reason of entering into this contract except as expressly provided herein. Agency agrees to Indemnify Skagit County its Elected Officials, Department Heads, employees and agents for any breach or infraction of Spillman Technologies License Agreement caused by any act of Agency. 12 LIMITATION OF LIABILITY 12.1 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 County, County's liability shall be limited to not charging the service fee to 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. County is not responsible for any damage caused in whole or in part by inaccurate or inadequate data, programs, or software furnished. Agency accepts information "As Is"with no warranty or guarantee of accuracy. 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. 12.2 SOFTWARE Computer applications programs and other software systems furnished to Agency by County at no charge to Agency are furnished on an "as is" basis with no representations or warranties regarding use or results. 13 TRANSFER OF SMS CLIENT LICENSE Upon termination of this agreement, County agrees to transfer all rights to Agency for SMS client licenses procured on behalf of Agency by County. Server licenses shall not transfer upon termination of this Agreement. 14 ENTIRE AGREEMENT: This Amendment and the originating 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 Amendment shall be deemed to exist or to bind any of the parties hereto. 15 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: 7J 7/146/A4 Title of Si natory (Date rlll2_ "Nti r' Print Name of Signatory Mailing Address: (Street address required in addition to P.O. Box) lays S� A D. 5W7 jekaanies (Ufa 1 gul DATED thiS "` day of A ! �p 80ARD or CO. N 1Y COMMISSIONERS G/T CpUN1yWA H/NGTO0enneth A. D ahlstedt Chairman Attest. Sharon D. Dillon, C°mmist 09, _‘")1,"--,e,42,01 . Ron �1/ese n Commissioner For pp Recommend d Aut contracts under$5 ization per Resolution esoi. R � Department h ad C°un�Admi /� nistrator Approved a t° l form: Ciyi/�Deputy eput y Prosecuting Attorney ... Approved as to in�e 1 mhificatipn. sk Manager Approve . d as to budget: 8'ud9et&Finance Dir Ctpr