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001-01 - Kitsap County - Contract> > R;' JUN 13 2001 CITY OF PORT ORCHARD COOPERATIVE PURCHASING AGREEMENT CITY CLERKS OFFICE FOR POLICE RECORDS MANAGEMENT SYSTEM This interlocal agreement is entered into pursuant to chapter 39.34 RCW and other provisions of law, between Kitsap County, hereinafter called "Kitsap County" and the following named public entity or political subdivision of the State of Washington: City of Port Orchard, herein called the "Public Entity", hereby agree to cooperative governmental purchasing upon the following terms and conditions: 1. Kitsap County in contracting for the purchase of goods and services for itself agrees to seek the same or similar terms for the Public Entity, where appropriate in Kitsap County's sole discretion, to the extent permitted by law. 2. This agreement provides the Public Entity full access and use of the police Records Management System (RMS), licensed to Kitsap County by Intergraph Public Safety, Inc. (IPS), to the extent legally permitted by the Kitsap County contractual agreement of 2/1/99, contract #KC-057-99. Kitsap County will also purchase, independently of the aforementioned contract, the database server necessary for running the RMS. The Public Entity agrees to purchase or contract for Wide Area Network (WAN) infrastructure equipment and telecommunications services necessary for providing the Public Entity remote TI-level access to the RMS. 3. The following schedules are incorporated herein, precedence being in the order that they appear: Schedule A: Public Agency Buy -hi to RMS Schedule B: Public Agency Annual Maintenance for RMS 4. Kitsap County may enter into any future contractual agreement with IPS or any supplier of computer hardware, software or services, without the consent of the Public Entity, however the Public Entity will be notified of any upgrades or changes to the RMS end -user workstation configuration.-1 5. The level of access to records maintained within this system will be the responsibility of each participating agency. At a minimum read-only access to names and criminal history information will be granted electronically to users with legal and appropriate authorization. 6. The Public Entity and Kitsap County agree to provide each other an electronic mailing address for the purpose of exchanging informal communications regarding day-to-day system operations. The electronic mail system must be provided by either Kitsap County's or the Public Entity's own in-house server, a requirement of the Washington State Intergovernmental Network (IGN). 7. The Public Entity agrees to provide its own end -user workstations meeting the minimum requirements established by IPS: Pentium III 233mhz or above, 128mb memory, lOgb disk storage, SVGA resolution of 800x6OO, T-1 network connection. The workstations must run either Windows 2000 or Windows-NT Version 4.0 or greater client operating system. The Public Entity agrees to upgrade its workstations to meet any future IPS requirements. The Public Entity agrees to set up and maintain all end -user workstations accessing the RMS, except that Kitsap County agrees to perform all software and hardware installation related specifically to the end -user access of the RMS. 8. Kitsap County will not be responsible for any impact in functionality or performance to any software running on the Public Entity's end -user workstations arising from its installation of the RMS and related client software, and/or connection to the Kitsap County WAN. Kitsap County will install new releases and versions of the RMS software, and verify that the installed RMS will function properly in the Public Entity's standard workstation environment. The Public Entity assures Kitsap County that the standard workstation environment will be based on industry standard software and that Operating System and communications level software will not be custom-built. The Public Entity acknowledges that Kitsap County does not have ownership of the RMS software and therefore Kitsap County does not control changes or updates to the RMS software. 9. Kitsap County agrees to purchase sufficient concurrent client software licenses to ensure that the Public Entity will not be denied access to the RMS due to the lack thereof. For the purpose of this paragraph, access will be defined as the ability of every licensed workstation for the Public Entity to be able to log on to the RMS 24 hours a day, seven days a week, to the extent that this level of access is under the control of Kitsap County. 10. Kitsap County agrees to use its best efforts, to the extent that it is under its control, to provide the Public Entity uninterrupted access to the RMS, at a level of performance acceptable in common business computer applications. The Public Entity acknowledges and accepts that there will be occasions where the RMS will not be available, for reasons such as but not limited to, hardware and software maintenance, and telephone company service outages. Kitsap County assures the Public Entity that it will inform it of planned down time in advance. Kitsap County will provide a minimum of 24 hours written advanced notice of planned down time to the Public Entity's system administrator. In addition to the e-mail notification, Kitsap County will verbally notify the Public Entity's Information Services Department representative, or the Public Entity's Police Chief, or their designee. The Public Entity will provide, in writing, notification contact information to Kitsap County. Electronic mail satisfies the written requirement for the purposes of this paragraph. It. Kitsap County agrees to provide the Public Entity telephone response within six hours of a request for technical support, and on -site response within 24 hours of the request, if required. 12. Kitsap County agrees to perform a daily tape backup of the RMS system each Kitsap County business work day. In the unlikely event of a major system failure that requires a system reload from tape, the Public Entity acknowledges that data would be restored from the most recent daily backup, and that any additions, modifications or deletions performed by the Public Entity after the backup would have been lost and would have to be re-entered. 13. The Public Entity will pay Kitsap County, on contract signing, 100% of the 'Total Cost to Agency Payable to Kitsap County' on Schedule A. The Public Entity will pay Kitsap County the then -current rate for software client licenses purchased in the future for additional end -user workstations, beyond the number of workstations specified in Schedule A. The Public Entity will also pay Kitsap County .75% of the base RMS cost specified in Schedule A for each additional end -user workstation accessing the RMS, beyond the number of workstations specified in Schedule A. 14. The Public Entity will pay Kitsap County the 'Total Annual Cost to Agency Payable to Kitsap County' specified in Schedule B, in quarterly payments commencing July 1, 2001. Payments, in advance, are due on the 25"day of each: January, April, July, and October for the life of this contract. An additional, non- recurring, semi-annual payment covering January through June of 2001, is due on contract signing. The charges for 'Contribution toward IPS maintenance of the base RMS' and 'Kitsap County Technical Services Staff Support' will be based on the actual number of workstations accessing the RMS at the beginning of each quarter. The 'Contribution toward IPS maintenance of the base RMS' will be increased by .75% of the base RMS maintenance cost specified in Schedule B for each additional end -user workstation accessing the RMS, beyond the number of workstations specified in Schedule B. Kitsap County reserves the right to annually review its cost to provide the goods and services to the Public Entity, and to establish a revised Schedule B, beginning January 1, 2005. After year 2005, this rate will not increase more than 10% per year for Kitsap County staff support. Any increase in costs due to network infrastructure or IPS Services will not be greater than the percentage of increase to Kitsap County. 15. The method of financing or payment of purchases pursuant to this agreement shall be through budgeted funds or other available funds of the public entity. 16. Kitsap County accepts no responsibility for the performance or suitability of any good or service to be provided by the vendors. 17. This agreement shall remain in force until canceled by either party with 90 day written notice. Upon the cancellation of the agreement, the Public Entity will be provided with a backup tape of all the entity's RMS data, current through the date of notification, within five working days of the date of notification. The Public Entity will be provided a second tape of the entity's RMS data that is current through the last day of the 90 day notification time. The second backup tape will be provided within 24 hours of the termination of service. 18. Each party shall be liable and responsible for the consequences of any sole negligent or wrongful act on the part of itself and its employees. Neither party assumes responsibility to the other party for the consequences of any act or omission of any person, firm or corporation not a party to this agreement. The Public Entity agrees to defend, indemnify and hold harmless the County, its officers, agents or employees from any claims, costs and/or demands arising out of or related to this agreement. 19. Kitsap County will contract for the purchase of goods and services according to the laws and regulations governing purchases by and on behalf of Kitsap County. The Public Entity accepts responsibility for compliance with and any additional or varying laws and regulations governing purchases by or on behalf of the Public Entity in question. u C s ndresen, Chair Jan Tim Botkih, Commissioner Leslie J Weatherill, Mayor, City ATTEST: Patricia Parks, City Clerk, City of Port Orchard APPROVED O Loren Combs, City Attorney, City of Port Orchard ATTEST: Holly And 9n Clerk of the MOW j14o , 11.1A001 Date Jud(, I1,)-001 Date JUAft/ II.,0001 Date May 29, 2001 Date May 30, 2001 Date ;� W.1 JuNt, 11..1001 Date 00 6 2 k/§ 0 , It CL 2= \co { , # � k /®(\ �&�/ f � » ) L CL ( )2 �a - 2\m � <j) I §7j / E $c < \/ /{{ 0 _ {/\ 0 ° IL )f;CL «/ §/\: ) /\k\ u R//) k � k /�/ 69 # } . k� G ) 0 /( f �` mk} \ )2a fk ƒ L! (\\ 0 )) }(\ m §| :mm o |< 22\ ) cm t{A G cm 0` RU)! \ M C L § ) ( -2 /f 2 a) Cl 0 7� }0M Co 0 u� coax �