HomeMy WebLinkAboutSpillman System - Algona
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CITY OF AUBURN - CITY OF ALGONA
INTERLOCAL AGREEMENT FOR
SPILLMAN PUBLIC SAFETY SYSTEM
THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on the 7th day of
December, 2004, by and between the City of Auburn, a municipal corporation of the State of
Washington (hereinafter referred to as "Auburn"), and the City of Algona.1 a municipal corporation
of the State of Washington (hereinafter referred to as the "Algona"),
WITNESSETH:
WHEREAS, Auburn has in place a Spillman Public Safety System that assists it in
managing its law enforcement records; and,
WHEREAS, Auburn is willing and able to share that servIce via contract with its
neighboring municipality, Algona.
NOW THEREFORE in consideration of their mutual covenants, conditions and promises,
THE PARTIES HERETO DO HEREBY AGREE as follows:
1. SCOPE OF AGREEMENT
This Agreement shall provide Algona access to Auburn's Spillman Public Safety System,
hereinafter known as the "SPSS."
2. GENERAL CONDITIONS
2.1 USE OF SPSS SOFTWARE
Use of the SPSS shall be in accordance with the licensing policies of Spillman, Inc. and
subject to current and subsequent policies set forth in the City of Auburn Administrative
Policy and Procedure 200-16, Internet & Use Electronic Resources/Equipment Use and
Auburn Police Department Manual of Standards, 27.1.6, Passwords, Access
CodesNiolations Audit, attached hereto and incorporated herein by this reference. (See
Exhibits "c" and "D")
2.2 DATA AVAILABLE
Auburn shall allow Algona access to computer programs and stored data for which
Spillman, Inc. licensing has been purchased by Algona. Access to Algona's data and the
data of other agencies will be established and directed by Auburn and in cooperation with
each participating agency. Data entered into the system by any agency becomes a part of the
SPSS database and will be subject to maintenance or archival procedures as determined by
Auburn.
The extent of access shall conform to the regulations set forth in Chapters 10.97, 13.50, and
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42.17 RCW and other applicable federal, state, and local law.
Algona 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 Auburn. Algona acknowledges that Auburn may deny any of the
aforementioned acts to be undertaken by Algona.
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 42.17
RCW, and the Washington State Criminal Records Act, Chapter 10.97 RCW. Other
entities will not disclose data except through specific contracts and agreements with
application and data owners.
2.3 PROPRIETARY INFORMATION
Proprietary 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 Auburn's network shall be treated as proprietary regardless of ownership.
2.4 USE OF LIST OF INDNIDUALS NOT FOR COMMERCIAL PURPOSES
Algona agrees, warrants, promises and swears under penalty of perjury that it shall not use
or allow others to use directly or indirectly the data, screens, or access thereto as a list or
lists of individuals for commercial purposes.
a. AUBURN MAY PRIORITIZE PROVISION OF ACCESS
Auburn may limit, control or prioritize the access described herein to any extent
necessary to prevent such from unreasonably disrupting Auburn's operations and to
prevent excessive interference with other essential functions of Auburn 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.
b. ASSIGNMENT
Algona agrees that it shall not assign any right or interest in the Agreement without
the written permission of Auburn. Any attempted assignment by Algona without
written permission by Auburn, or its authorized agent, shall be wholly void and
totally ineffective for all purposes of this agreement. Furthermore, Algona and
Auburn agree that neither shall delegate any obligation which it has under this
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Agreement without the written permission of the other party.
Any attempted delegation without written permission shall be wholly void and
totally ineffective for all purposes.
2.5 LIMITATION OF LIABILITY
The information supplied by Auburn described herein is provided on an "as is" basis "with
all faults".
Nothing contained herein shall be construed to require Auburn to maintain the information
or data in a more current form than Auburn shall from time to time determine.
The obligations of Auburn and the rights and remedies of Algona set forth in this clause are
exclusive and in substitution for all the warranties, obligations and liabilities of Auburn and
rights, claims and remedies of Algona against Auburn express or implied, arising by law or
otherwise, with respect to any data provided hereunder, including but not limited to any
implied warranty arising from course of performance, courses of dealing or uses of trade,
and, any obligation, liability, right, claim or remedy for tort, or for any actual or alleged
infringement of patents, copyrights or similar rights of third parties, or for any other direct,
incidental or consequential damages.
2.6 TERMINATION OF AGREEMENT - EVENTS OF DEFAULT
This agreement may be immediately terminated by Auburn without notice upon an event of
default. Events of default include but are not limited to the following:
a. Algona wrongfully uses data provided by Auburn.
b. Unauthorized copying of data
c. In the event the Agreement is determined to be in conflict with federal or state law,
City resolutions or ordinances which are in effect at the time of this Agreement or
may be imposed in the future.
d. Algona uses or attempts to use information provided in such a manner as to violate a
citizen's right to privacy or to create an unfair competitive disadvantage for a
citizen.
e. Algona sells, gives, leases, or loans access to the screens of 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 Auburn.
f. Algona allows access to the screens of the data contained therein, or any part
thereof, to be used as a list of individuals for commercial purposes.
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g. Algona allows the connection of a computer network operated by any entity that is
outside of Auburn's influence.
h. Algona allows access to the system by any employee or other person without first
notifying and making application to Auburn.
1. Algona violates any ofthe conditions set forth in the City's Computer Use Policies
and Procedures, included as Exhibit "c."
J. Any other action or circumstance that interferes or jeopardizes Auburn's rights or
interests in the SPSS.
3. TERM OF AGREEMENT, EXTENSIONS & TERMINATIONS
The term of this Agreement shall commence upon execution by signature of both parties and
shall continue for a period of one year; provided that this Agreement shall be automatically
renewed thereafter for successive extensions of one year in length unless either party gives
notice to the other of its intent that the Agreement not be so renewed, which notice shall be
given to the other party not less than thirty (30) days prior to the expiration date; and further
provided that either party may terminate the Agreement upon thirty (30) days written notice, or
as otherwise mutually agreed by both parties.
4. SERVICE RATES
4.1 BASIC RATE FOR SPSS ACCESS
The basic rates for access to the SPSS, annual hardware maintenance fee, and hourly fees
for network and user setup changes are given in Exhibit "A."
Basic support for the SPSS consists of SPSS account management, security management,
name merges, application troubleshooting and capacity planning. Basic support shall apply
to all Public Safety personnel who are employees of Algona. Public Safety personnel, for
the purposes ofthis Agreement, are considered Law Enforcement Personnel.
See Exhibit B, Hardware and Software Required to access the SPSS for hardware and
software requirements. Please note that hardware and software requirements are subject to
change.
4.2 RATES REVIEWED ON A YEARLY BASIS
All rates will be reviewed on a yearly basis. Rate schedules will be available in August of
each year.
4.3 ALGONA EQUIPMENT COSTS
Algona shall be totally responsible and liable for all costs incurred in the acquisition of its
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own equipment, including telephone lines and other supplemental equipment and the costs
of connecting that equipment with Auburn's equipment. Where required by Auburn,
Algona will buy equipment specified by Auburn for their computer network access. Algona
will be responsible for trouble shooting and maintaining their equipment and data link.
5. BILLING GUIDELINES
Auburn will bill on a yearly or monthly basis dependent on the type of service being billed.
Billing for basic Spillman access will be on a yearly basis in July of each year. Time and
materials charges will be billed on a monthly basis for services rendered during the previous
month. Payment is due within 30 days ofthe billing date.
5.1 SERVICE ADDS/CHANGES
Service additions or changes occurring on or before the 15th of the month will be charged
for the full month. Additions or changes occurring after the 15th of the month will invoiced
starting the first day of the following month. All service additions or changes must be
submitted in writing. All additions and changes will be billed on a time and materials basis.
5.2 SERVICE CANCELLATION
Services canceled on or before the 10th of the month will not be charged for the month.
Services canceled after the 10th of the month will be charged the full month. All service
cancellations must be submitted in writing.
6. SPSSINETWORK AVAILABILITY
The SPSS availability objective is 99.8% seven days a week, 24 hours per day.
6.1 SPSSINETWORK MAINTENANCE
The SPSS and Auburn networks will be available as set forth in Section 7 with the
following exceptions:
a. SCHEDULED MAINTENANCE
Auburn's Information Services department reserves the right to schedule
preventative maintenance on all systems. Preventative maintenance will be
scheduled a minimum two weeks in advance and attempt to minimize impacts to
each user agency. Algona must notify Auburn's Information Services department
one week prior to the scheduled maintenance window, if Algona requires the SPSS
to be available during scheduled maintenance. Scheduled maintenance may result
in loss of service to the SPSS for a period of time.
b. SOFTWARE AND HARDWARE UPGRADES OR MODIFICATIONS
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Software and Hardware upgrades or modifications differ from normally scheduled
maintenance, in that the SPSS will be unavailable for the duration of the upgrade. It
is conceivable that an upgrade may take a couple of days. In the event of an
upgrade, Algona will be informed a month prior to the scheduled upgrade time.
Auburn will make every reasonable attempt to schedule the upgrade to minimize
impacts to each Algona.
c. EMERGENCY MAINTENANCE
Emergency maintenance will be coordinated with Algona whenever possible.
6.2 SPSS AND NETWORK SUPPORT COVERAGE
a. CITY OF AUBURN HELP DESK COVERAGE
Algona should contact the Auburn PD Records Manager At 253-931- 3046 or the
Auburn PD Professional Standards Manager at 253-931-3042.
b. CONFIGURATION MANAGEMENT
All configuration changes to the SPSS will be made by Auburn's Information
Services' department in coordination with Algona. Algona will provide Auburn's
Information Services department with a primary and alternate contact name of
authorized personnel who can coordinate/request changes to the current network.
c. DISASTER RECOVERY
Auburn's Police Department backs up the SPSS to tape on a nightly basis. These
tapes are saved for a period of three months and then rotated. Auburn will not
maintain information longer than this time unless Algona requires data be dumped
to tape for archival purposes.
d. SECURITY AND INTEGRITY
Auburn's network is protected from the Internet with firewall security to prevent
unauthorized access from the Internet. Algona is responsible for securing their
organization's computer resources against all unauthorized access.
7. AUTHORIZED USE
The Agreement is intended for use by Algona's Public Safety employees only. Auburn's
Information Services department must approve all accounts.
8. INDIRECT ACCESS
Algona will take measures to prevent unauthorized third party indirect access to the SPSS.
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Examples of this would be gateways, dial-up, or cascaded Telnet sessions where the originator
is not a Algona authorized user of Auburn's network, but whose resultant IP address would
appear to the network as being Algona's address. Should unauthorized use of Algona's access
as described in Section 2.2 paragraph 3 occur, any damages or costs of litigation including
attorney's fees incurred by Auburn shall become the financial responsibility of Algona.
9. USER ACCOUNT ACCESS TO SPSS SYSTEM
Each user of the SPSS shall have a unique user account with a unique password. This account
is used within the SPSS to determine system rights of the user and to provide a method of
accounting for access to information. Sharing of accounts within an agency for the purposes of
reducing access cost is expressly prohibited.
10. TRAINING REQUIREMENTS
Algona will give Auburn an application (Exhibit E) in order to obtain User Account Access.
Auburn reviews and approves the application and establishes a user account. Auburn will
assess training needs on an individual basis, depending on the position they were hired for and
their training progress. The training costs will be the responsibility of Algona. Algona will be
responsible to advise the APD Records Manager within 10 working days when an employee
terminates.
11. FIELD OFFICE ENVIRONMENT
Algona is responsible for providing an acceptable environment for all equipment used to access
the SPSS. Algona 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 Algona.
12. SUPPLEMENT CHANGES
All changes to this Agreement shall be mutually agreed upon in writing in advance. All such
changes shall take precedence over this original Agreement.
13. INSURANCE
13.1 Algona shall be responsible for maintaining, during the term of this Agreement and at its
sole cost and expense, the types of insurance coverages and in the amounts described
below. Algona shall furnish evidence, satisfactory to Auburn, of all such policies.
During the term hereof, Algona shall take out and maintain in full force and effect the
following insurance policies:
a. Comprehensive public liability insurance, including automobile and property
damage, insuring Auburn and Algona against loss or liability for damages for
personal injury, death or property damage arising out of or in connection with the
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performance by Algona of its obligations hereunder, with minimum liability limits
of $1,000,000.00 combined single limit for personal injury, death or property
damage in anyone occurrence.
b. Such workmen's compensation and other similar insurance as may be required by
law.
14. INDEMNIFICATION
14.1 Algona shall indemnify and hold Auburn and its agents, employees, and/or officers,
harmless from and shall process and defend at its own expense any and all claims, demands,
suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or
nature, brought against Auburn arising out of, in connection with, or incident to the
execution of this Agreement and/or Algona's performance or failure to perform any aspect
of this Agreement; provided, however, that if such claims are caused by or result from the
concurrent negligence of Auburn, its agents, employees, and/or officers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of the
ALGONA; and provided further, that nothing herein shall require Algona to hold harmless
or defend Auburn, its agents, employees and/or officers from any claims arising from the
sole negligence of Auburn, its agents, employees, and/or officers. No liability shall attach
to Auburn by reason of entering into this Agreement except as expressly provided herein.
14.2 Auburn shall indemnify and hold Algona and its agents, employees, and/or officers,
harmless from and shall process and defend at its own expense any and all claims, demands,
suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or
nature, brought against Algona arising out of, in connection with, or incident to the
execution of this Agreement and/or Auburn's performance or failure to perform any aspect
of this Agreement; provided, however, that if such claims are caused by or result from the
concurrent negligence of Algona, its agents, employees, and/or officers, this indemnity
provision shall be valid and enforceable only to the extent of the negligence of Auburn; and
provided further, that nothing herein shall require Auburn to hold harmless or defend
Algona, its agents, employees and/or officers from any claims arising from the sole
negligence of Algona, its agents, employees, and/or officers. No liability shall attach to
Algona by reason of entering into this Agreement except as expressly provided herein.
15. WAIVER OF SUBROGATION
15.1 Algona and Auburn hereby mutually release each other from liability and waive all right of
recovery against each other for any loss caused by fire or other perils which can be insured
against under fire insurance contracts including any extended coverage endorsements
thereto which are customarily available from time to time in the State of Washington,
provided, that this paragraph shall be inapplicable to the extent that it would have the effect
of invalidating any insurance coverage of Algona or Auburn.
16. COMPLIANCE WITH REGULATIONS AND LAWS
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The parties shall comply with all applicable rules and regulations pertaining to them In
connection with the matters covered herein.
17. ATTORNEYS' FEES
If either party shall be required to bring any action to enforce any provision of this
Agreement, or shall be required to defend any action brought by the other party with respect to
this Agreement, and in the further event that one party shall substantially prevail in such action,
the losing party shall, in addition to all other payments required therein, pay all of the prevailing
party's reasonable costs in connection with such action, including such sums as the court or
courts may adjudge reasonable as attorney's fees in the trial court and in any appellate courts.
18. NOTICES
All notices and payments hereunder may be delivered or mailed. Likewise, questions about
levels of service, requests for new service, changes to existing service, or billing and service
agreement changes shall be submitted, in writing, to the other party. If mailed, such items
shall be sent to the following respective addresses:
To Algona:
City of Algona
Danielle Stafford, City Clerk
402 Warde St.
Algona, WA 98001
Phone: (253) 833-2897
Fax: (253) 939-3366
To Auburn:
City of Auburn Information Services
Attention: Shelley Coleman, Director
25 West Main St.
Auburn, WA 98001
Phone: (253) 804-5019
Fax: (253) 876-1900
or to such other respective addresses as either party hereto may hereafter from time to time
designate in writing. All notices and payments mailed by regular post (including first class)
shall be deemed to have been given on the second business day following the date of mailing, if
properly mailed and addressed. Notices and payments sent by certified or registered mail shall
be deemed to have been given on the day next following the date of mailing, if properly mailed
and addressed. For all types of mail, the postmark affixed by the United States Postal Service
shall be conclusive evidence of the date of mailing.
19. NONDISCRIMINATION
Each of the parties, for itself, its heirs, personal representatives, successors in interest, and
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assigns, as a part ofthe consideration hereof, does hereby covenant and agree that it will comply
with pertinent statutes, Executive Orders and such rules as are promulgated to assure that no
person shall, on the grounds of race, creed, color, national origin, sex, age, or the presence of
any sensory, mental or physical handicap be discriminated against or receive discriminatory
treatment by reason thereof.
20. MISCELLANEOUS
20.1. All of the covenants, conditions and agreements in this Agreement shall extend to and bind
the legal successors and assigns ofthe parties hereto.
20.2. This Agreement shall be deemed to be made and construed in accordance with the laws of
the State of Washington jurisdiction and venue for any action arising out of this Agreement
shall be in of the county in Washington State in which the property or project is located, and
if not site specific, then in King County, Washington.
20.3. The captions in this Agreement are for convenience only and do not in any way limit or
amplify the provisions ofthis Agreement.
2004. Unless otherwise specifically provided herein, no separate legal entity is created hereby, as
each of the parties is contracting in its capacity as a municipal corporation of the State of
Washington. The identity ofthe parties hereto is as set forth hereinabove.
20.5. The funding of the respective obligations of the parties shall be out of the respective general
funds/current expenses ofthe parties, except as otherwise specifically provided.
20.6. The performances of the duties of the parties provided hereby shall be done in accordance
with standard operating procedures and customary practices ofthe parties.
20.8. Unless a joint oversight and administration board is created as provided herein, the
oversight and administration of the Agreement shall be by the respective named
representatives identified in Paragraph 18 hereof, or their designees.
20.9. No provision of this Agreement shall relieve either party of its public agency obligations
and or responsibilities imposed by law.
20.10. If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision
of any court having jurisdiction on the matter, the remainder of this Agreement or the
application of such term or provision to persons or circumstances other than those as to
which it is held invalid or unenforceable shall not be affected thereby and shall continue in
full force and effect, unless such court determines that such invalidity or unenforceability
materially interferes with or defeats the purposes hereof, at which time Auburn shall have
the right to terminate the Agreement.
20.11. This Agreement constitutes the entire agreement between the parties. There are no terms,
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obligations, covenants or conditions other than those contained herein. No modifications or
amendments of this Agreement shall be valid or effective unless evidenced by an agreement
in writing signed by both parties.
20.12. Copies of this Agreement shall be filed with the Auditor's Office of the county in
Washington State in which the property or project is located, and ifnot site specific, then in
the King County Auditor's Office; the Secretary of State of the State of Washington; and
the respective Clerks ofthe parties hereto.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year
first above written.
CITY OF AUBURN
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Peter B. ewis, Mayor ~
Attest:~tùtDi ¿ ~
DanieIÍe E. askam, City Clerk
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STATE OF WASHINGTON)
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COUNTY OF KING )
0.N THIS -=t-\idayof ~.u:mhe: y , 200ld, before me, personally
appeared 1::0 \1' (À>LŒ5+Q~dJr~\" ~,\ hCtT _, to me known to be the Mayor and City
Clerk of the CITY OF ALGONA, a muni ipal corporation, the corporation that executed the within
and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they
were authorized to execute said instrument, and the seat of said municipal corporation is affixed
hereon.
WITNESS my hand and official seal hereto the day and year in this certificate first above written.
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STATE OF W ASH~GT(:)N""Y
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appeared tt-ùr fJ /....ew,':s andDa ¥II1'elle b ""}asta~ to me known to be the Mayor and City
Clerk of the CITY OF AUBURN, a municipal corporation, the corporation that executed the within
and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they
were authorized to execute said instrument.
WITNESS my hand and official seal hereto the day and year in this certificate first above written.
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EXHIBIT" A"
1. Yearly Hardware and Software Maintenance Agreement for the Spillman Server will be 10% of
the annual cost that Auburn pays.
2. Network and user setup changes to be billed at $75 per hour with a Y2 hour minimum.
.
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EXHIBIT "B"
Hardware requirements:
Cisco Router - 1 each at contract agency and Auburn location
Pentium Computers
Connection to the City of Auburn Server through either a T -1, ISDN or fiber-optic cable
Software Requirements:
Appropriate firewall software
Windows 98 OS (minimum)
Emulation Software such as TinyTerm, Reflections, Exceed
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EXHIBIT "D"
Auburn Police Department Manual of Standards
27.1.6 Passwords, Access CodesNiolations Audit 82.1.6
The Professional Standards Manager audits the central records computer system annually for
verification of all passwords, access codes, or access violations.
,
EXHIBIT "E"
Spillman New
Employee Setup
Form
Last First M.I.
Employee Name:
Department: Date Start:
Assignment: D Patrol D Admin
DOB:
Last 4 ofSSN:
...................................................................................
F or Auburn PD and IS Use Only
Spillman ID #
Spillman Group Name
Assigned to:
Date:
Completed Date: