HomeMy WebLinkAboutIL155 Interlocal Agreement 'I of 8
AGREEMENT ORIGINAL
BETWEEN
SKAGIT COUNTY EMERGENCY MANAGEMENT COUNCIL
AND
CITY OF ANACORTES
FOR THE PURPOSE OF
MANAGING AND MAINTAINING
TECHNOLOGY SUPPORTING FIRE & EMS USERS
IDENTITY OF PARTIES
THE PARTIES OF THIS AGREEMENT ARE:
A. The Skagit County Emergency Management Council, the governing body
of Skagit 911 as defined by Interlocal Agreement, hereinafter referred to
as the "EMC", and
B. City of Anacortes, a Washington Municipal Corporation of the State of
Washington, hereinafter referred to as "Anacortes".
II. RECITALS
WHEREAS, Anacortes provides fire protection for the area and citizens
within its boundaries; and,
WHEREAS, Anacortes has agreed to provide consolidated emergency
and public safety communications by Interlocal agreement and,
WHEREAS, the parties of the agreement have provided in the Interlocal
Cooperation Agreement, recorded under Skagit County Auditor's File No.
9901040106 (the "Interlocal Agreement'), and amended under File No.,
200508100029 for a County-Wide Public Safety Communications Center.
The Interlocal Agreements specify that allocation of financial responsibility
between local governments and agencies for service specific capital
expenditures shall be funded by the agencies of the specific service that
receive the benefit.
Ill. AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual benefits of this
agreement and the considerations recited herein, the PARTIES do hereby
agree as follows:
A. Purchase of Software, Equipment, Supplies. The EMC, acting through
Skagit 911 shall purchase software and/or equipment to support
technology enhancements that will support Fire and EMS agencies within
Skagit County to include:
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(a) Fire Mobile System, herein referred to as "Mobile", provided by
Spillman Technologies to include all components and licensing to
support Automatic Vehicle Location (AVL), Voiceless Dispatch (VLD)
and SPSS service provided by Skagit County Information Services
(b) CADView connections provided by Skagit County Information
Services
(c) Future technologies provided by Spillman Technologies as specifically
approved by EMC, Skagit County Information Services and Skagit
County Sheriff supporting Skagit County Fire and EMS agencies
(d) Future technologies, as approved by EMC, to support technology
advances supporting Skagit County Fire and EMS agencies
B. System Management and Maintenance. The EMC acting through Skagit
911 shall manage and maintain Mobile and CADView to support the Fire
and EMS agencies within Skagit County to include costs for licensing,
administration, maintenance, and enhancements as described herein.
C. Maintenance Fees. The Fire and EMS agencies utilizing Mobile within
Skagit County shall pay to the EMC an annual amount for actual incurred
costs for licensing, administration, maintenance and enhancements of
said system based on the total costs of the system, as determined by
Skagit County Information Services, Skagit 911 and the associated
Vendor of said products, divided equally by the number of apparatus
licenses accessing the system, so long as costs are not provided by grant
funding. The agency amount will be billed and is to be paid in quarterly
increments in January, April, July and October of each year. A summary
of all costs will be provided with each invoice. Costs for reserve licenses
and maintenance will not be attributed to the current user agencies but
will be supported by future users of Mobile.
D. The Fire and EMS agencies utilizing CADView within Skagit County shall
pay to the EMC an annual amount of actual incurred costs for licensing,
administration, maintenance and enhancements as determined by Skagit
County information Services and Skagit 911, divided equally by the
number of agency users utilizing the product. Skagit 911 will not be
responsible for purchasing or maintaining any equipment owned by
Anacortes for this product.
E. Future Costs. Costs for future technology changes will be addressed at
that time with an amendment.
F. Term. This Agreement shall continue from year to year and may be
terminated by the parties by giving 6 months written notice of its intention
to terminate its agreement.
G. Additional Rules and Obligations. The parties further agree to abide by
and support all rules and regulations as are adopted by the EMC as those
rules now exist or may hereafter be amended.
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IV. OWNERSHIP OF SPILLMAN PUBLIC SAFETY SYSTEM
A. System Ownership. Skagit County shall retain full ownership of the
Spillman Public Safety System (SPSS) system. The Skagit County Sheriff
shall be the sole and final authority for any process, procedural or
configuration conflicts in any aspect of,the system operation and/or use.
B. System Management. Skagit County shall be the license manager of the
Spillman Technologies software provided to the Skagit County region in
support of the SPSS including the newly added modules to support local fire
districts and emergency medical services responders. In this capacity, all
agencies with license to use the SPSS system from Spillman Technologies
and through agreement with Skagit County Government or Skagit 911 shall
be contractually required to receive approval from Skagit County
Information Services and Skagit County Sheriff prior to purchase of any
additional modules to determine compatibility and any additional costs
associated with such license. All procured user licenses shall be transferred
to Skagit County as soon as possible providing for grant requirements, but
in any case, shall be at the acceptance of the next major release of the
Spillman Public Safety System Software or two years from the date of
procurement of license from Spillman, whichever is shorter.
C. Local Agency Management. Anacortes will identify a SPSS manager to
represent their agency in discussions of technology changes,
enhancements, training and cost allocations.
V. TERMS AND CONDITIONS OF USE
A. Access Restrictions. The Skagit County Sheriff may restrict access to the
SPSS. In the event that it is discovered or reasonable belief is formed
that there is unauthorized access including but not limited to hacking, the
presence of computer viruses, or users utilizing the system for an
improper purpose, the Skagit County Sheriff has sole discretion to restrict
access and may take immediate measures and action necessary to
protect public safety, that of law enforcement and other emergency
providers, against damage to SPSS, and protect all confidential or
sensitive information contained within SPSS. The Skagit County Sheriff
shall employ reasonable efforts to specifically tailor both scope and
duration of such restrictions to address the specific emergency situation
at hand including evaluating whether or not it is reasonable to restricting
access to only the portal or portals which this unauthorized access is or is
likely to be gained based on the particular circumstances. The Skagit
County Sheriff will provide notice of any restrictions as soon as
reasonably feasible to the party.
B. Licensing. Anacortes shall acquire a user license from Spillman
Technologies to use software licensed by Spillman Technologies, and
pay such maintenance fees as required by Spillman Technologies.
Anacortes shall comply with all other terms and conditions of the Spillman
Software license(s).
C. Protection of Confidential Information. Any agency that is granted access
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to the SPSS shall be fully compliant with Federal, State and Local laws
that pertain to the protection of confidential information, including the
Standards for Privacy of Individually Identifiable Health Information
("Privacy Rule") (45 C.F.R. Parts 160 and 164) under the Health
Insurance Portability and Accountability Act of 1996. The definitions set
forth in the Privacy Rule are incorporated by reference into this Contract
(45 C.F.R. §§ 160.103 and 164.501).
D. Disclaimer. Anacortes contractually agrees and acknowledges that
Skagit County and Skagit 911 do not make any claims or assurances as
to the accuracy of any information contained in the Spillman Public Safety
System or the CADView Service and that Anacortes assumes all risks
and hold Skagit County and Skagit 911 harmless in accessing and relying
on information in the Spillman and/or CADView system.
E. Insurance. Anacortes shall acquire and maintain Commercial General
Liability (CGL) Insurance with policy limits of not less than $1 million
dollars ($1,000,000) through an insurance company authorized to write
insurance in the State of Washington and has an A- or better rating in the
AM Best Ratings Guide. Unless the insurance is obtained through
membership in a self-insured governmental risk pool which prohibits the
naming of others as additional insured, the Skagit County Emergency
Management Council and Skagit County, its elected officials, officers,
employees and volunteers shall be named as additional insured on all
policies.
F. Personnel Access. Anacortes agrees to provide an updated list of all
persons (First Name, Last Name, Position, and Date of Birth) who have
access to the SPSS system to Skagit 911 for the Skagit County Sheriff on
an annual basis. Personnel of Anacortes are granted access to the
SPSS at the sole and absolute discretion of the Skagit County Sheriff. In
addition the Sheriff may perform a background check on any individual
who has access to the SPSS.
G. Apparatus Identifier. Anacortes shall provide to Skagit 911 and Skagit
County the number and identifier of apparatus (vehicles) that will contain
devices accessing the SPSS.
H. Personnel Identifier. Anacortes agrees to abide by access and password
methodology as determined by Skagit County Information Services.
I. Compliance with System Rules, Procedures. Anacortes agrees to comply
with SCSO rules for access, and SPSS policies and procedures which the
Sheriff may promulgate from time to time, and which rules are provided
upon request.
J. Encryption. Anacortes agrees to meet Federal encryption standards for
access to the SPSS as set forth by Federal, State or Local requirement.
K. Disclaimer of Liability. Skagit County and Skagit 911 assumes no liability
or control over any grants that may be used to procure or otherwise assist
to access SPSS or other related modules or SPSS technologies. The
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agency receiving such grant to assist in accessing SPSS or to procure
modules or any technologies involving the SPSS have the full burden to
manage and otherwise comply with any applicable grant conditions and
requirements.
L. Hardware. All hardware used to access the SPSS system should be first
approved by the Skagit County Information Services SPSS Administrator
to ensure compatibility. Skagit County and Skagit 911 are not responsible
for hardware used that is not compatible with the Skagit County SPSS.
VI. CADVIEW SERVICE
A. CADView is a web based service created by Skagit County Government
to provide the status of an agencies active calls and apparatus in near
real-time.
B. Skagit 911 shall manage user licenses procured by Skagit County for the
CadView service to Anacortes as defined above. Skagit County shall
retain all intellectual property rights of the CadView software and service.
C. This service may be provided to those Emergency Responder Agencies
with access to the Skagit Regional Inter-Governmental Network only. The
service shall only be made available within facilities operated and secured
by the Agency that is subscribing to the service.
D. Upon execution of this agreement, Skagit County Information Services
shall work with Anacortes to set-up the service.
VII. ADHERENCE TO LAWS
This Agreement is subject to all applicable State and Federal laws. Should any
article, section, or portion thereof of this Agreement be held unlawful or invalid by
any court, agency or board of competent jurisdiction, the parties shall enter into
negotiations for the purpose of arriving at a mutually satisfactory replacement of such
article or section only.
VIII. SAVINGS CLAUSE
Should any part hereof or any provision herein contained be rendered or declared
invalid by reason of any existing or subsequently enacted legislation or by a decree
of a court or competent jurisdiction, such invalidation of such part or portion of this
Agreement shall not invalidate the remaining portions thereof, and the remaining
parts of portions remain in full force and effect.
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IX. ENTIRE AGREEMENT
This Agreement and all if its' Articles, Appendices and/or Attachments together with
the Amended Interlocal Agreement and any implementing agreements constitute the
entire Agreement between the parties and no oral statement shall add to nor
supersede any of its provisions. Each party agrees that it has had the unlimited right
to make proposals that are subject for inclusion in this Agreement and waives the
right to oblige the other party to negotiate any matters to become effective until the
expiration of this Agreement.
X. INDEMNIFICATION
Anacortes agrees to assume all liability for its wrongful and or negligent acts or
omissions or those of their officials, officers, agents, employees or volunteers to the
fullest extent allowed under law, and further agrees to save, indemnify, defend and
hold Skagit County and Skagit 911, its appointed and elected officials, officers,
employees, agents and volunteers harmless from any such liability to the fullest
extent allowed by law.
XI. NOTIFICATION
Notices: All notices hereunder shall be in writing, and shall be deemed to have been
duly given (except as may otherwise be specifically provided herein to the contrary) if
delivered by hand, by facsimile or email transmission followed by mail, or mailed by
certified or registered mail with postage prepaid:
(a) If to the EMC: (b) If to Anacortes
Address: Skagit 911 Address: (1rtatcor s R
2911 E College Way, Suite A P o• 13 5y7
Mount Vernon, WA .cods, WA- 9722.1
Attention: Director Attention: Chief ieiw{ C 's
Telephone 360-428-3200 Telephone
3100 —2q3 — I z5
Na. No.:
Facsimile 360-848-9445 Facsimile
No. No.: �31o0 " ay3-19 ,5
email Skagit911@co.skagit.wa.us email
Such notice or communication will be deemed to have been given as of the date so
delivered or faxed, or if mailed, two business days thereafter.
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WHEREFORE, the parties have executed this Agreement on the dates
set forth below.
CITY OF ANACORTES
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EMERGENCY MANAGEMENT COUNCIL
SKAGIT 911
Ken Dahlstedt Commissioner, EMC Chair
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Deb Flewelling Interim Director
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Notary Attest:
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Fire and EMS Technology Agreement