Interface Agency Agreement w/ Ada County for Access to Certain Computerized Records,~- - RECEIVED
NQV ~ 6 2010
AGREEMENT NO. L Z ~
ADA COUNTY ASSESSOR
INTERFACE AGENCY AGREEMENT BETWEEN ADA COUNTY AND
CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY
COMPUTERIZED RECORDS
I.
THIS AGREEMENT is entered into this Z~ day of ItiC~~Z~~i , 2010,
between Ada County, a duly formed and existing county pursuant to the laws and Constitution of the
State of Idaho (hereinafter referred to as ("County") and City of Meridian (herein after referred to as
"Agency").
WHEREAS, County agrees to provide Agency with access to and use of those certain
computerized records that Ada County Sheriff, Ada County Clerk of the Court and Ada County
Assessor, as owner of the records, has authorized; and.
WHEREAS, Agency agrees to pay all costs associated with being provided such access, and
Agency agrees not to access or utilize any of the information obtained from County to violate any
federal, state or local law, or to allow anyone else to violate any federal, state or local law. Agency
agrees to hold County harmless and indemnify County for any claims, judgments, liabilities or
settlements that may arise from any use of information gained by Agency through use of County
information.
NOW, THEREFORE, it is hereby expressly agreed between the parties as follows:
II.
DEFINITIONS
Term
Definition
Agency Government entity that has entered into an agreement with County and
has received written authorization from County and owner(s) to access
certain computerized County records
AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY
COMPUTERIZED RECORDS -Page 1 of 8
Authorized User Agency's users, who have passed the background requirements of their
employing agency and who have authorization pursuant to this
Agreement to access certain computerized County records.
Concurrent License A client access license on a network server that allows a given number
of users to access certain computerized County records.
Unauthorized Access Access to County's computer records by any unauthorized user, through
Agency, its agents, officers, or employees, or through the use of
Agency's password.
III.
ACCESS AND LOGISTICS
A. County shall provide Agency with access to the following computerized records stored
by the County: LE Lookup, ISTAR's Hosting, Public Property System.
B. Agency agrees to pay County two hundred fifty dollars ($250.00) per month for up to
25 users. Agency agrees and understands that the aforementioned fees are not refundable should
County or Agency terminate this Agreement.
C. Agency fully understands that the owners of the records, Ada County Sheriff, Ada
County Clerk of the Court and Ada County Assessor, have only authorized access and use of the
aforementioned computerized records solely to Agency's Detectives, Police, Investigators and Utility
Billing Staff. Agency has no right to access or right to continued access.
D. County employees maintain County computer system purely for County purposes.
County does not maintain said system for Agency, nor does it maintain staff to aid Agency.
E. County simply provides connectivity to certain County computerized records. Agency
Authorized Users need to have an established Internet connection or other County authorized method
of connection.
AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY
COMPUTERIZED RECORDS -Page 2 of 8
F. If accessing the County Network by utilizing VPN services, tunnels must originate
from static IP addresses. Dynamic addresses may cause service outages, since ISP's will renew their
IP address pool.
IV.
SECURITY
A. It is the responsibility of Agency to ensure that unauthorized users are not allowed
access to County data. All of the terms and conditions of this Agreement are applicable to each
Authorized User employed by or associated with the Agency.
B. County reserves the right to conduct an audit of Agency's accessing personnel and
verify that the Agency has conducted a background check of all Agency's users prior to the Agency
users access to the County's information. If any of Agency's users have not had a background check,
County may terminate this Agreement in accordance with Section V.
C. While accessing County records, Agency users must not leave their computers
unattended. If an Agency user leaves the computer, the computer must be locked either via a
screensaver password or screen lock.
D. All computers, including personal computers, accessing data from the County system
must use the most up-to-date anti-virus software that is the industry standard.
E. All computers, including personal computers, accessing data from the County system
must be under the oversight and control of the Agency. Agency agrees to designate one Agency
employee as the security supervisor for the Agency who will exercise the oversight and control. The
Security Supervisor shall supervise staff, equipment, and operation of the access to the County
system. The Security Supervisor shall be the one point of contact for the County regarding security
issues.
AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY
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V.
TERMINATION
A. County may immediately and permanently discontinue access service to Agency if any
violation of this agreement occurs.
B. County may permanently discontinue access service to Agency at any time and for any
reason. If possible, County will give Agency ten (10) calendar days written notice before
discontinuing access.
C. County will not be responsible for any inconvenience, loss, or damage sustained by
Agency as a result of County's discontinuance or disruption of access services.
D. If an Agency's access is discontinued for any reason, Agency must again apply for
access. County may deny Agency's application for any reason, including the reason Agency was
originally discontinued.
E. Agency may discontinue access at any time and for any reason, but must provide
County with written notice ten (10) business days prior to discontinuation.
VI.
MISCELLANEOUS PROVISIONS
A. Agency shall bear sole responsibility for all costs relating to the equipment owned and
used by Agency to access County's system, including purchase, maintenance, and repair costs.
County maintains its equipment for County purposes. County will not provide computer expertise to
aid Agency.
B. Agency bears the sole responsibility for protecting against Unauthorized and/or
Damaging Access to County records by Agency. Agency is liable for any damages where access was
through Agency, its agents, officers, or employees, or through the use of Agency's password, whether
authorized or unauthorized.
AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY
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Agency shall bear all costs of restoring all damaged data to its original state as well as any incidental
and/or consequential damages or liability that might result directly or indirectly from such access.
C. Agency agrees that the use of the computer records covered by this Agreement is
limited to authorized Agency use and personnel. Agency agrees and understands that it is not
authorized and has no right or authority to distribute the computer records to other agencies,
personnel within the Agency not covered by this Agreement, or any third parties.
D. Agency understands the law may be unclear as to records which must be, may be, or
should not be released to Agency. Some or all of the information received by the Agency may be
private. Divulging or publishing this information may cause harm or an actionable wrong against an
individual(s). By requesting, receiving, releasing, and/or publishing this information Agency agrees
to indemnify and defend County and anyone employed by County, if any such harm is claimed to be
the result, or somehow connected to the release and/or publication of such information.
E. Agency agrees to indemnify, defend, and hold harmless County, its officers, agents,
and employees from and against any and all liability, loss, damage, cost, and expense, including legal
expense (providing and paying for counsel of County's choice), which may accrue or be sustained by
County, its officers, agents, or employees as a result or consequence, whether direct or indirect, of any
claims, suits, demands, actions, judgments, settlements or forfeiture, including any suit instituted to
enforce the obligations of this agreement of indemnity, made or brought by any party against County,
its officers, agents, or employees, arising out of or in connection with this Agreement, or, information
or computer records accessed, utilized by or released by or through Agency.
F. Agency understands and agrees that the County makes no warranties, express or
implied, as to the accuracy, validity, availability or correctness of any of the information contained in
the computer records.
AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY
COMPUTERIZED RECORDS -Page 5 of 8
G. County's decision to provide access is strictly pursuant to this Agreement; and Agency
agrees that remote computer access to County records is not mandated bylaw.
H. This Agreement expires at the end of each County fiscal year on September 30. It may
be renewed annually at the option of the County. A completed request for renewal must be received
by County no later than the preceding July 1, and all renewal information must be received by County
prior to August 31 of the expiration year.
I. This Agreement shall be governed and interpreted in accordance with the laws of the
State of Idaho.
J. In the event of any litigation or any other legal dispute arising under, or as a result of
this Agreement between County and Agency, the prevailing party shall recover its costs and
reasonable attorney fees.
K. In the event any provision or section of this Agreement conflicts with applicable law,
or is otherwise held to be unenforceable, the remaining provisions shall nevertheless be enforceable
and shall be carried into effect.
L. This Agreement maybe modified or amended only by a writing duly executed by both
the County and the Agency.
M. This Agreement embodies the whole agreement of the County and the Agency. There
are no promises, terms, conditions, or obligations other than those contained in this Agreement. All
previous, or contemporaneous communications, representations, or agreements, either verbal or
written, between the parties are superseded by this Agreement.
AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY
COMPUTERIZED RECORDS -Page 6 of 8
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above.
Board of Ada County Commissioners:
By. Rick Y guirre, Ch ' an
f
By: Sharon M. Ullman, Commissioner
BY~ Fred Tilman, Commissioner
--
ATTEST:
J. avid Nav da County Clerk
AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY
COMPUTERIZED RECORDS -Page 7 of 8
ACCESS AUTHORIZATION
LE Lookup
By:
Gary Raney, A County hen
ISTAR's Hosting
By:
7. David Navarro, Ada County Clerk of the Court
System
By:
Rob~Bit~T'I. Mc~iade, Ada County Assessor
By:
STATE OF IDAHO )
ss.
County of Ada )
On this ~'~ day of ~Pp~embex- , 20_lQ ,before me, a notary public, personally appeared
`To~mm~ ~P APP r~ ,known or identified to me to be the person whose name is subscribed to the
within instrument, and ac cnowledged to me that. he executed the same on behalf of Renter.
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AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY
COMPUTERIZED RECORDS -Page 8 of 8
City of Meridian