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Interagency Agmt with ACHD for Access to Certain County Computerized Recordsr AGREEMENT N0. I ~~ ~: INTERFACE AGENCY AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS I ~.. THIS AGREEMENT is entered into this ~.. day of (~~~ ~„~~~: , ~~}~ 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's Sheriff, Clerk of the Court, Assessor and Prosecuting Attorney, 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 re uirements of their q 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: Ada County Prosecuting Attorney's Read Only Screening Look-up, Ada County Public Property System, ISTAR's Hosting, Ada LE Lookup. 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's Sheriff, Clerk of the Court, Assessor and Prosecuting Attorney, have only authorized access and use of the aforementioned computerized records solely to Agency's Detectives, Police, Investigators, Pol. Civilian Staff, Atty's & Atty Supp 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 on mate g 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 COMPUTERIZED RECORDS -Page 3 of 8 v. TERMINATION A. County may immediately and permanently discontinue access service to A enc if an g Y Y violation of this agreement occurs. B. County may permanently discontinue access service to Agency at any time and for an Y reason. If possible, County will give Agency ten (l o} 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 (l o) 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 COMPUTERIZED RECORDS -Page 4 of 8 ' . . . . 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, maybe, 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 ,y rr G. County's decision to provide access is strictly pursuant to this Agreement; and A enc g Y agrees that remote computer access to County records is not mandated by law. 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 b of 8 ~~ IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. B d of Ada County Commissioners: B• y' i si ner m s f' _ e ~ .___. _. By. Co ssioner By' Com ' mission ATTEST: Christopher D. Rich, Ada County Clerk Phii IMGGr~rt~~ Chief De~ut~ AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS -Page 7 of 8 ACCESS AUTHORIZATION Ada County Prosecut' g orney's Read Only Screening Look-up By• Greg H. Bower, o my Prosecuting Attorney A a Co my Pu is Property System By• R H. Quade, Ada County Assessor ISTAR's Ho ting ~~ r" By• Christo ~ er D. Ric ~ ,Ada County Clerk of the Col A a_ T T"~ T _ _1_____ By• By• STATE OF IDAHO Title Name: (print) ~ ss. County of Ada ) ____, On this 1\ day f ~~jPX, 20 ~~ ,before me, a notary public, personally appeared known or identified to me to be the person whose name is subscribed to the within in merit, and acknowledged to me that he executed the same on behalf of Renter. „~..... j"~~v , ~ ~. i "'` `~,' i ,~ ~"'I~j` ~ ~ r. ~ iv # ` E ~ ary Public r ~ ~~ a i ~~ +. s r ~ . . ~ ' IsI p : 4 ; «_ ~ a~ Commission Expires ~ ~ AGREEMENT BETWEEN ADA COUNTY AND CITY OF MERIDIAN FOR ACCESS TO CERTAIN COUNTY COMPUTERIZED RECORDS -Page 8 of 8 City of Meridian