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RMS INTERLOCAL AGREEMENT
MULTI=AGENCY RECORDS MANAGEMENT SYSTEM
THIS INTERLOCAL AGREEMENT is made and entered into this 1St day of November.,
20165 by and between CLARK COUNTY, WASHINGTON, (hereinafter " Clark County"), the
Clark County Sheriff' s Office (hereinafter " Sheriff' s Office ") , and the Camas Police Department.
Authority to enter into the Agreement is pursuant to RCW 39 . 34 . 030 .
This Agreement may refer to Clark County, the Sheriff s Office, and the Camas Police Department
individually as a "Party" or jointly as the "Parties . "
This Agreement is intended to function as a memorandum of understanding and not an Interlocal
agreement as it relates to the responsibilities, obligations and rights between the Sheriff' s Office
and Clark County. This Agreement considers the Sheriff' s Office and Clark County as parts of one
legal entity and does not confer the legal rights and/or remedies of an Interlocal agreement to the
Sheriff' s Office with regard to Clark County or to Clark County with regard to the Sheriff' s Office .
RECITALS
WHEREAS , the Sheriff' s Office, the Camas Police Department, and other local law
enforcement agencies have been actively evaluating and pursuing options to replace the existing
RegJIN system to better meet agency needs ; and
WHEREAS , Clark County entered into a contract with Executive Information Services,
Inc. (EIS ) to implement and support a multi- agency Records Management System (RMS) and
related Interfaces for the benefit of the Sheriffs Office and other Participating Law Enforcement
Agencies within Clark County; and
WHEREAS , the Sheriff s Office has invited local law enforcement agencies to join in the
implementation and use of the RMS to improve available system functionality and enhance
collaboration and information sharing amongst Participating Law Enforcement Agencies ; and
WHEREAS , the Camas Police Department desires to partner with Clark County, the
Sheriffs Office, and other Participating Law Enforcement Agencies in the implementation and
ongoing full Use of the RMS ; and
WHEREAS , this AGREEMENT has been authorized by the respective governing bodies of
the Camas Police Department and Clark County; now, therefore,
IT IS COVENANTED AND AGREED as follows :
I . Defmitions
The following is a definition of terms used herein :
A . "Access" means the authority granted to the Camas Police Department ' s
Authorized Users to review or receive information from the RMS .
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 1
Be "ACCESS " means A Central Computerized Enforcement Service System and
refers to the statewide law enforcement telecommunications system operated by
the Washington State Patrol (WSP) . ACCESS provides telecommunications
linkage to law enforcement and other criminal justice agencies . It provides a
means for agencies to query multiple state and national databases to include
information systems provided by the Department of Corrections , Department of
Licensing, Parks, the Washington Crime Information Center (WACIC) , and the
Washington State Identification Section (WASIS ) . The system also allows both
national and international queries through the International Justice and Public
Safety Information Sharing Network (NLETS) switch to include Interstate
Identification Index (III) and the National Crime Information Center (NCIC)
provided by the Federal Bureau of Investigation (FBI) . NLETS also provides
responses from the Canadian Police Information Centre (CPIC) , and Interpol as
well as other state hot file and licensing information . ACCESS usage is limited to
criminal justice purposes as outlined by the FBI standards , and as audited (every
three years at present) by WSP and the FBI.
CO "Agreement" means this Interlocal Agreement.
D . "Amendment" means a written document required to be signed by the affected
Parties when in any way altering the Terms and Conditions or provisions of the
Agreement.
E . "Authorized Use" means functions and capabilities that a User is assigned and
able to perform based on User ID and password, as established by an authorized
RMS System Administrator, and within WSP ACCESS and FBI CJIS policies .
F . "Authorized RMS User" means any User that has passed the authentication
process of the RMS and is thereby authorized to Use the RMS ' s functions and
components based on the permissions established by that User ' s credentials (User
ID and password, etc . ) .
G . " Confidential Information" means any information that is disclosed in written,
graphic, verbal , or machine-recognizable form, and is marked, designated, labeled
or identified at the time of disclosure as being confidential or its equivalent; or if
the information is in verbal form, it is identified as confidential or proprietary at
the time of disclosure and is confirmed in writing within thirty (30) days of the
disclosure . Confidential Information does not include any information that : is or
becomes publicly known through no wrongful or negligent act of the receiving
Party; is already known to the receiving Party without restriction when it is
disclosed; is , or subsequently becomes, rightfully and without breach of this
Agreement or any other agreement between the Parties or of any applicable
protective or similar order, in the receiving Party ' s possession without any
obligation restricting disclosure; is independently developed by the receiving
Party without breach of this Agreement; or is explicitly approved for release by
written authorization of the disclosing Party.
H . "Criminal History Record Information" means information collected by criminal
justice agencies and stored or available through the RMS on individuals
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 2
consisting of identifiable descriptions and notations of arrests , detentions,
indictments, information, or other formal criminal charges and any dispositions
arising therefrom, including, but not limited to sentencing, correctional
supervision, and release.
I . "Criminal Justice Information" means information collected by criminal justice
agencies that is needed for their legally authorized and required functions . This
includes Criminal History Record Information and Intelligence and Investigative
Information. It does not include agency personnel or administrative records used
for agency operations or management.
J . "Criminal Justice Information Services Security Policy" is referred to more
simply as "CJIS " and is a published standard of the FBI to provide appropriate
controls to protect the full lifecycle of CJI, whether at rest or in transit. The CJIS
Security Policy provides guidance for the creation, viewing, modification,
transmission, dissemination, storage, and destruction of CJI. By Washington State
and Federal law, this Policy applies to every individual—contractor, private
entity, noncriminal justice agency representative, or member of a criminal justice
entity—with access to , or who operate in support of, criminal justice services and
information.
K. "Documentation" means User manuals , and other written and electronic materials
in any form that describe the features or functions of the RMS , including but not
limited to published specifications , technical manuals , training manuals , and
operating instructions .
L. "Equipment" means any hardware, machinery, device, tool , computer, computer
components, computer system or other high-technology equipment, including
add-ons, or peripherals of tangible form together with the necessary supplies for
upkeep and maintenance, and other apparatus necessary for the proper execution,
installation and acceptable completion of the RMS .
M . "Error" means any defect, problem, condition, bug, or other partial or complete
inability of the RMS to operate in accordance with the applicable Specifications
and Documentation.
N . "Interface" means a point of interaction between RMS components or the device
or code which enables such interaction; applicable to both Equipment and
Software.
O . "Intelligence and Investigative Information" means information compiled in an
effort to anticipate, prevent, or monitor possible criminal activity, or compiled in a
course of investigation of known or suspected crimes .
P . "Material Breach" means any breach of this Agreement that (a) causes or may
cause substantial harm to the non-breaching party; or (b ) substantially deprives
the non-breaching party of the benefit it reasonably expected under this
Agreement.
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 3
Q . "Mobile Data Computer (MDC)" means commercial grade mobile computers
operating in a law enforcement vehicle or otherwise not connected via a local or
wide area network that are capable of Accessing RMS server(s) via a network
connection that is compliant with the FBI ' s Criminal Justice Information System
(CJIS) security policies .
R . "Participating Law Enforcement Agencies" means those law enforcement
agencies that have executed an Interlocal Agreement for the ongoing full Use of
the RMS and related Interfaces .
S . "Personal Computer (PC)" means commercial grade desk top computers that are
capable of accessing RMS server(s) via a CJIS compliant connection.
T . "Person" means an individual of any age, concerning whom Criminal History
Record Information is contained in, or accessible through the RMS .
U . "Police Department Asset" shall mean hardware, software, equipment, real
property and fixtures that are owned, operated or leased by the Camas Police
Department .
v . "Records Management System (RMS)" is the law enforcement records
management system acquired and implemented by Clark County for use by the
Sheriff' s Office, the Camas Police Department, and other Participating Law
Enforcement Agencies within Clark County.
w . "RMS System Administrator" shall mean a specially trained Authorized User that
is authorized to perform RMS administrative functions .
X. "RMS System Manager" is the individual with designated named backups
appointed by the Sheriff' s Office to manage and operate the RMS on a daily basis .
Y. " Specifications " shall mean the specifications contained in the contract between
Clark County and EIS for the RMS governing its implementation and use by the
Clark County, the Sheriff' s Office, and the Camas Police Department .
Z . "Terminal Agency Coordinator (TAC)" is the individual within the Sheriff' s
Office or other Participating Law Enforcement Agencies designated to serve as
the point-of- contact at the local agency for matters relating to CJIS information
access . The TAC administers CJIS systems programs within the local agency and
oversees the agency ' s compliance with CJIS systems policies .
AA . "Use" means authorized Access provided to the Camas Police Department to
assign Users and their designated permission levels within the RMS ; and Users '
actual access to enter data, and/or receive information from the RMS .
BB . "User" shall mean any person employed by or working on behalf of Clark
County, the Sheriff' s Office , the Camas Police Department, and other
Participating Law Enforcement Agencies within Clark County; including all
Officers, Directors , and any person or entity authorized to provide Services
requiring use of the RMS , in the course of assisting one or more of the Parties .
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 4
CC . "User Fees" are fees set by mutual agreement between the Parties to recover the
centralized costs related to RMS support and server replacement.
2 . Purpose
The Purpose of this Agreement is to define the terms and conditions under which the RMS
will be Accessed and Used by the Camas Police Department and mutually administered,
supported, and maintained by Clark County, by and through its Department of Information
Technology(hereinafter the "County") , the Clark County Sheriff, by and through its
Sheriff s Office, and the Camas Police Department.
3 . Responsibilities of Clark County :
A . Clark County agrees to enable Access to the RMS via Equipment, including PCs ,
MDC, and other hand held devices for Authorized Use by Sheriffs Office and
Camas Police Department Users .
Be Clark County agrees to both provide and limit Access in a procedural ,
technological , and infrastructure design and maintenance manner consistent with
the CJIS Security Policy requirements — as published by the FBI and as audited
(every three years at present) by WSP and FBI .
C . Clark County agrees to both provide and limit Access in a procedural,
technological, and infrastructure design and maintenance manner consistent with
the ACCESS policy requirements — as published and audited (every three years at
present) by WSP .
D . Clark County agrees to provide procedures, instructions and other documents to
the Camas Police Department regarding the methods available and minimum
requirements for network connections to gain Access via Clark County ' s network
demarcation points .
E . Clark County agrees to maintain and administer the County-owned Equipment
and Network infrastructure according to Clark County Information Technology
policies and procedures , to include :
1 ) Maintain and update physical and virtual servers and storage devices hosted
within Clark County' s environment .
a. Operating system updates and security patches
b . Anti-Virus , spam and malware protection
2) Provide planned replacement of servers at the end of service life.
3 ) Manage, monitor, and service the SQL database(s) .
4) Manage and maintain backup routines of servers and databases .
5) Manage and monitor disk space.
Interlocal Agreement for Multi-agency RMS on Camas Police Department Page 5
6) Manage and maintain the network infrastructure within Clark County ' s
domain, including the provision of NetMotion access for MDCs other mobile
devices .
7) Implement application software upgrades and patches . Working closely with
EIS , Clark County Information Technology staff will supervise, monitor, and
perform the implementation of upgrades , updates, and patches provided by
EIS to the production server.
8) Clark County IT shall schedule, at least 48 hours in advance, all maintenance
and/or administration activities that will or could result in a system outage . A
notification will be provided to the RMS System Manager and affected
Participating Law Enforcement Agency System Administrators at least 48
hours prior to the scheduled activity for each such instance .
F . Clark County agrees to provide weekly updates to the RMS System Manager and
the Camas Police Department System Administrator, to include :
1 ) Percent of uptime for the RMS during the week,
2) Percent of disk space utilized/available each week,
3 ) Percent of CPU usage each week,
4) Percent of memory usage each week,
G. Clark County agrees to partner with the RMS System Manager to provide updates
on an as needed basis to the Camas Police Department System Administrator, that
could include :
1 ) Detailed explanation of any hardware or network downtime during the week,
including root cause, duration, magnitude and resolution, or observations that,
left unaddressed, may lead to future outages and/or disruptions ,
2) Scheduled outages and planned maintenance, which will include the duration
of the maintenance window and a base level of detail .
H . Clark County agrees to monitor, audit, and trouble- shoot the connections
necessary to upload information from the RMS to NCIC , and other interfaced
crime and public safety databases and systems including but not limited to LInX
Northwest .
I . Clark County agrees to provide procedures, instructions and other documents to
the Camas Police Department regarding the minimum requirements for PCs ,
MDCs , network connections , etc. to gain and maintain ongoing Access to Clark
County ' s Network and/or the RMS .
J . Clark County agrees to provide billing to the local agencies for collecting funds
for the perpetual support and servicing of the servers and databases , EIS annual
support and maintenance, and future expenditures as mutually agreed by the
Parties .
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 6
K. Clark County agrees to provide a 24-hour, 365 days per year phone line for the
Sheriff' s Office and the Camas Police Department to report suspected Network
and/or Connectivity problems . The response requirements and protocol for
addressing such problems is established in Exhibit A, RMS Support Model .
L. Clark County agrees to provide the access, permission, and authority to the RMS
System Manager and designated backups necessary to enable them to
troubleshoot and resolve problems and outages that occur outside Clark County
IT ' s normal business hours related to Clark County owned Equipment and
Software , to include the RMS System ' s physical and virtual servers and the RMS
System ' s databases . Such troubleshooting and problem resolution will be done in
partnership with Clark County IT staff whenever possible . Also , Clark County IT
agrees to provide the RMS System Manager and their designee(s) with access to
SolarWinds or similar network monitoring and diagnostic tools to enable ongoing
insight into the status of the Clark County network.
4. Responsibilities of the Sheriffs Office :
A . The Sheriff' s Office, Pursuant to Part IV of the National Crime Information
Center (NCIC) Computerized Criminal History, Program Concepts and Policy,
approved October 20 , 1976 , shall exercise management control of the RMS .
B . The Sheriff' s Office agrees to provide instructions , documents, and arrange for
the necessary training to certify one or more Camas Police Department RMS
System Administrators to perform necessary administrative functions such as
adding and removing Users from the RMS , establishing User IDs and passwords,
setting up each User ' s Authorized Uses , and resetting passwords . The Sheriffs
Office will provide ongoing training for RMS System Administrators at the times
and places as mutually agreed upon by the Parties .
C . The Sheriffs Office agrees to provide, to the extent resources permit, limited
ongoing support to the Camas Police Department to aid its RMS System
Administrator(s) in the performance of their responsibilities and functions .
D . The Sheriffs Office agrees to provide training materials , training mentors and
access to the RMS training environment to enable the Camas Police Department ' s
trainers to provide RMS training and instruction to its Users .
E . The Sheriffs Office agrees to monitor, audit, and trouble- shoot the content and
information that is shared from the RMS to NCIC, and other interfaced crime and
public safety databases and systems including but not limited to LInX Northwest.
F . The Sheriff s Office agrees to provide a 24-hour, 365 days per year phone line for
the Camas Police Department to report problems involving the EIS application
and/or the RMS that do not appear to be Network and Connectivity problems .
The response requirements and protocol for addressing such problems is
established in Exhibit A, RMS Support Model ,
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 7
5. Responsibilities of the Camas Police Department:
A. The Camas Police Department warrants it has complied and shall comply with all
applicable law, ordinances, orders, decrees , labor standards and regulations of its
domicile and wherever performance occurs in connection with the execution,
delivery, and performance of this Agreement.
Be The Camas Police Department acknowledges and agrees that its Users will only
Access or Use the RMS for Authorized Uses . Permission to Access or Use the
information available in or through the RMS other than for Authorized Use shall
be obtained in writing from the Sheriff s Office prior to any such use.
C . The Camas Police Department acknowledges and agrees that its Users will not
modify through computer programming or other techniques the functions ,
capabilities , and operations of the RMS unless written authorization is provided
by the RMS System Manager prior to performing such modifications .
D . The Camas Police Department shall at all times have at least one designated RMS
System Administrator. The RMS System Administrator(s) shall be responsible for
creating User IDs , passwords , and establishing the Authorized Uses of the RMS
for its Users within the constraints of this Agreement.
E . The Camas Police Department is responsible for providing, installing and
configuring, in a manner that complies with the minimum requirements of the
RMS , its own Equipment. This includes, but is not limited to PCs , . MDCs ,
printers , scanners, image capture devices and other peripherals required or
necessary for its Users to Access and Use the RMS .
F . The Camas Police Department is responsible for providing secure network Access
that 1 ) meets CJIS security requirements and 2 ) enables its Equipment to reach
Clark County ' s network demarcation points .
G. The Camas Police Department is responsible for identifying to the RMS System
Manager a designated qualified TAC , and for ensuring that all of its Equipment,
network access points, and Users with Access to the RMS comply with the most
current CJIS and ACCESS security policies . The Camas Police Department is
responsible for curing on a timely basis (as determined by the WSP and/or FBI)
any problems uncovered as a result of either a WSP or an FBI audit.
H . The Camas Police Department authorizes the Sheriffs Office to provide its public
records category data that is contained in the RMS to LInX Northwest for access
and authorized use by LInX Northwest users .
6. Confidentiality
A. Maintenance of Confidentiality. The Parties shall treat as confidential any
Confidential Information that has been made known or available or that has been
received, learned, heard or observed; or to which a Party has had access . The
Parties shall use Confidential Information exclusively for the Parties ' benefit and in
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 8
furtherance of this Agreement. Except as may be expressly authorized in writing
by the Parties, in no event shall a Party publish, use, discuss or cause or permit to be
disclosed to any other person such Confidential Information. The Parties shall ( 1 )
limit disclosure of the Confidential Information to those directors, officers,
employees and agents who need to know the Confidential Information, (2) exercise
reasonable care with respect to the Confidential Information, at least to the same
degree of care as it employs with respect to protecting its own proprietary and
confidential information, and (3 ) return immediately to the Party who provided the
information, upon its request, all materials containing Confidential Information in
whatever form, that are in the Parties ' possession or custody or under its control .
The Parties are expressly restricted from and shall not use Confidential intellectual
property of the Parties without prior written consent.
Be The Parties acknowledge that each is subject to the Washington Public Records Act
and related Federal law. Third persons may claim that the Confidential Information
may be, by virtue of its possession by one or more Parties, a public record and
subject to disclosure. The Party receiving a public records request agrees,
consistent with state public records law, not to disclose any information that
includes a written request for confidentiality and as described above and
specifically identifies the information to be treated as Confidential . Specifically,
the Parties shall abide by RCW 42 . 56 for cases involving public records contained
in the RMS . A Parties ' commitments to maintain information confidential under
this Agreement are all subject to the constraints of Washington Statutes and Federal
laws . Within the limits and discretion allowed by those laws, the Parties will
maintain the confidentiality of information.
C . The Parties acknowledge and agree that the Sheriffs Office and the Camas Police
Department each owns its own data in the RMS .
D . Each Party acknowledges that unauthorized disclosure of Confidential Information
will result in irreparable harm to one or more of the other Parties and/or other
Participating Law Enforcement Agencies . In the event of a breach or threatened
breach of this Agreement, the Sheriff s Office or the Camas Police Department may
obtain equitable relief prohibiting the breach, in addition to any other appropriate
legal or equitable relief.
7. Limits on Dissemination
Dissemination by the Parties of Criminal Justice Information available in or through the
RMS shall follow current Criminal Justice Information policies and procedures and/or
other applicable State and/or Federal Laws .
8. Information Control and Responsibility
Additions, modifications, and deletions of information or data stored in the RMS shall be
restricted to being performed by the agency owning the information or data. Such changes
may be made by the Sheriffs Office at the request of the owning agency. In any event,
such changes will be restricted to specifically authorized Users and devices in accordance
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 9
with the most current CJIS Security Policy, and consistent with each Party ' s scope of
responsibility in providing Access .
9. Security
A. Physical Security - each Party shall be responsible for maintaining the physical
security of all devices that are authorized to Access the RMS , as well as any printed
output or RMS Documentation which might permit unauthorized Access to , or Use
of the RMS .
B . On-Line Security - The RMS contains procedures and tools to ensure that only
authorized Users and devices can Access the information available in or through the
RMS . The Parties acknowledge and agree that their Users will be required to enter
RMS User IDs and passwords before gaining Access to the RMS , including RMS
functions and RMS data. Each Party is responsible for issuing individual RMS User
IDs and passwords to its respective Users and each acknowledges and agrees that its
Users will not share RMS User IDs and passwords .
Co Personnel Security - Any individual(s) that are provided Access to the RMS by the
Parties through the issuing of RMS IDs and passwords shall undergo the following
security checks :
1 ) A personal background investigation equivalent to a background investigation
that would enable them to Access their respective agency ' s confidential
information.
2) Be fingerprinted and their identification and personal history verified through a
check of the RMS master name index; as well as the National Crime
Information Center, and the FBI ' s Criminal Identification files .
3 ) Complete training and/or obtain appropriate certifications from WSP for any
LEDS and NCIC transactions for which the User is authorized to perform
within or via the RMS .
4) ACCESS training and certifications .
D . The Parties acknowledge and agree to comply with applicable CJIS Security Policy,
including, but not limited to, verifying identification, performing a state of
residency and national fingerprint-based record check within 30 days of assignment
for all personnel who have direct access to Criminal Justice Information through the
RMS and for those employees or contractors who have direct responsibility to
configure and maintain computer systems and networks with direct access to
Criminal Justice Information through the RMS . If applicable, the Parties shall deny
or terminate Access to any prospective or current User that is found to be in
violation of current CJIS policy.
E . The Parties acknowledge and agree to immediately deactivate the RMS User ID
and password of any employee or contractor who is no longer an employee, a
contractor, or who no longer requires Access to the RMS .
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 10
F . The RMS System Manager will perform an annual audit of all Authorized Users ,
The Parties agree to certify annually, at the RMS System Manager ' s request, the
full and complete list of all Authorized Users from their agency.
G. The Parties shall limit RMS access to authorized Users, and shall not grant access
to outside agencies or their representatives without expressed consent from the
Sheriff s Office for each instance individually.
H . The Parties shall provide immediate notification to the RMS System Manager of
any security breach that affects the RMS or any other Clark County or Sheriffs
Office system. The Parties shall provide notification to the RMS System Manager
of any incident relating to RMS integrity such as a computer virus .
I. Failure to comply with the Security and Access specifications contained in the
Agreement may, as necessary to protect the data of other Participating Law
Enforcement Agencies, result in the partial or full suspension of a Party ' s Access or
its Users ' Access to the RMS until such failures are corrected.
10. Payment
A. Clark County shall invoice the Sheriffs Office and the Camas Police Department
an annual User Fee by January 31 of each year based on the number of authorized
and budgeted sworn officers per agency as of January 1 of each year.
Be By January 10 of each year, The Sheriff s Office and the Camas Police Department
shall each report to Clark County Information Technology the number of
authorized and budgeted sworn officers as of January 1 of that year.
C . Starting in 2017 and continuing through 2021 , the User Fee shall be fixed and equal
to $426 . 00 per year ($ 35 . 50 per month) per authorized and budgeted sworn officer
as of January 1 of each year.
D . Any User Fees collected by Clark County from the Sheriffs Office and all
Participating Law Enforcement Agencies over and above $ 94, 570 per year from
2017 through 2021 shall result in an itemized credit on the following year' s billing.
E . Starting in 2022 , the User Fee may be adjusted annually to recover the actual
ongoing RMS support/maintenance charges payable to EIS and actual ongoing
server repair and replacement charges only, subject to a 5 % maximum annual
increase.
F . Additional RMS -related services and/or RMS functions that may be added via an
Amendment to this Agreement will be invoiced as a separate line item.
G. The Sheriff s Office and the Camas Police Department shall submit payment within
thirty (30) days of receipt of the invoice from the Clark County Information
Technology.
H . Failure to pay Clark County Information Technology as due may result in the
suspension of Access to the RMS until fully paid up .
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 11
11 . Duration, Withdrawal and Termination :
A. The term of this Agreement is five (5) years and will be automatically renewed
unless terminated as provided below.
B . This Agreement may be terminated by either the Sheriffs Office or the Camas
Police Department by the provision of a 180-Day written notice of termination to
the other Party. Termination notices must be provided in writing and sent by either
certified US mail, return receipt requested, or by personal delivery.
C . The effective date of termination shall be on January 1 of the year following the
year during which the 180-day written notice expired .
D . Upon the effective date of termination, the Camas Police Department may remove
its assets from the RMS including its owned RMS data. All costs associated with
the reasonable removal of the Camas Police Department' s assets and owned RMS
data will be the responsibility of the Camas Police Department, unless termination
notice is provided by the Sheriff s Office in which case the Sheriffs Office will
either keep the data or the Camas Police Department will be responsible for all
costs associated with the reasonable removal of the Camas Police Department' s
assets and owned RMS data.
E . Up to 90 days shall be allocated for the RMS System Manager to withdraw the
Camas Police Department ' s assets and owned RMS data from the RMS after the
date upon which the termination becomes effective. The Camas Police Department
may, at its option, continue to Access the RMS during this period.
F . In the event of termination, the Camas Police Department shall pay Clark County
for work performed in accordance with the Agreement prior to the effective date of
termination.
12 . Force Majeure :
In the event that either Party is unable to perform any of its obligations under this
Agreement (or in the event of loss of Use) due to natural disaster, actions or decrees of
governmental bodies or communications line failure not the fault of the affected Party, the
Party who has been so affected immediately shall give notice to the other Party and shall do
everything possible to resume performance.
13 . Dispute Resolution :
The Camas Police Department shall cooperate with the Sheriffs Office and Clark County
to assure that all claims and controversies which arise under this Agreement and which
might affect the quality of such Services will be resolved as expeditiously as possible in
accordance with the following resolution procedure :
A . Any dispute between the Camas Police Department and the Sheriff s Office and/or
Clark County under this Agreement shall be resolved, if possible by the RMS
System Manager or their designee on behalf of the Sheriffs Office and Clark
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 12
County, and the RMS System Administrator or their designee on behalf of the
Camas Police Department.
Be If the RMS System Manager and Camas Police Department ' s RMS System
Administrator are unable to resolve any dispute within seven (7) Business Days, or
such other time as mutually agreed upon, after notice of such dispute is given by
either Party to the other, the matter shall be submitted to the Sheriff or their
designee on behalf of the Sheriff' s Office and the Chief of Police or their designee
on behalf of the Camas Police Department for resolution, if possible.
Co Should any dispute arise between the Parties concerning this Agreement that is not
resolved by mutual agreement above within thirty (30) calendar days, or such other
time as mutually agreed upon, it is agreed that such dispute will be submitted to
mandatory mediated negotiation prior to any Party commencing binding arbitration
or litigation. In such an event, the Parties to this Agreement agree to participate in
good faith in a mediation process . The mediator shall be selected by mutual
agreement of the Parties, but in the absence of such agreement each Party shall
select a temporary mediator and those mediators shall jointly select the permanent
mediator. All costs of mediation shall be borne equally by the Parties .
D . Should an equitable solution not result from the foregoing, the Sheriff' s Office and
the Camas Police Department shall be free to agree to pursue either binding
arbitration, litigation, or other remedies allowed under this Agreement. Each Party
shall bear equally the expense of the arbitrator and all other expenses of conducting
the arbitration. Each Party shall bear its own expenses for witnesses, depositions,
other costs incurred and attorney ' s fees .
E . The Sheriffs Office and the Camas Police Department shall proceed with Use
without any interruption or delay during the pendency of any of the foregoing
dispute resolution. During the pendency of any of the foregoing dispute resolution
procedures, the Sheriff s Office and the Camas Police Department shall continue to
make all payments that are not in dispute, in accordance with the Agreement.
14 . Notice
Any notice provided for under this Agreement shall be sufficient if in writing and delivered
personally to the following address or deposited in the United States Mail, postage prepaid,
certified mail , return receipt requested, addressed as follows, or to such other address as the
receiving Party hereafter shall specify in writing:
If to Clark County: Chief Information Officer
Clark County Information Technology
707 W. 13 '1' Street
Vancouver, WA 98666
If to the Sheriff' s Office : RMS System Manager
Clark County Sheriff s Office
707 W. 13 ' Street
Vancouver, WA 98666
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 13
If to the Camas Police Department : it 0j e
C hX ,*e .� Po \ , c
Camas Police Department
IyG nE a 2)49 A %jewN z
4%A C� W A- . 9P
15 . Amendments
Except as a section or subsection may otherwise specifically provide, limit, or prohibit, the
Parties may amend this Agreement at any time only by written Amendment executed by
the Parties .
Any changes to the provisions of this Agreement shall be in the form of an Amendment .
No provision of this Agreement may be amended unless such Amendment is executed in
writing by authorized representatives of the affected Parties . If the requirements for
Amendment as described in this section are not satisfied in full , then such Amendments
automatically will be deemed null, void, invalid, non-binding, and of no legal force or
effect.
16. Interpretation
The terms and conditions of this Agreement shall be liberally construed in accordance with
the general purposes of this Agreement and according to Washington law. Any litigation
between the Parties arising under this Agreement shall occur in the Superior Court of Clark
County, Washington.
17. Indemnification
To the extent permitted by the Constitution and laws of Washington, Clark County, the
Parties shall hold each other harmless and indemnify each other for the negligent acts,
actions or omissions to act of their respective entity ' s councilors, officers, employees, and
agents in the performance of their respective responsibilities and duties under this
Agreement. Notwithstanding the foregoing, no Party shall in any way be liable to hold
harmless or indemnify another Party for any costs or claims arising directly, or indirectly,
out of any RMS related activities in which they are not participating.
18 . Assignment
The rights and obligations of each party under this Agreement may not be assigned in
whole or in part. Any attempted transfer shall be null and void, of no force or effect.
Attempted transfer of this Agreement shall be considered Material Breach of contract .
19. Waiver
No waiver or any breach of Agreement shall be held to be a waiver of any other or
subsequent breach of this Agreement.
20 . Remedies
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 14
The remedies provided in this Agreement are cumulative, and may be exercised
concurrently or separately. The exercise of any one remedy shall not constitute an election
of one remedy to the exclusion of any other.
21 . Survival
All obligations relating to confidentiality; indemnification; publicity; representations and
warranties ; proprietary rights as stated in this Agreement shall survive the termination or
expiration of this Agreement.
22 . No Third Party Beneficiaries
The Parties expressly agree that nothing contained in the Agreement shall create any legal
right or inure to the benefit of any third party. This Agreement is entered into for the
benefit of the Parties . Except as set forth herein, nothing in this Agreement shall be
construed as giving any benefits, rights, remedies or claims to any other person, firm,
corporation or other entity, including, without limitation, the general public or any member
thereof, or to authorize anyone not a Party to this Agreement to maintain a suit for breach
of contract, personal injuries, property damage, or any other relief in law or equity in
connection with this Agreement.
23 . Severability
The terms of this Agreement are severable and a determination by an appropriate body
having jurisdiction over the subject matter of this Agreement that results in the invalidity of
any part, shall not affect the remainder of this Agreement.
24 . Execution in Counterparts
This Agreement may be executed in several counterparts, each of which shall be an original
and all of which shall constitute the same Agreement.
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Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 15
IN WITNESS WHEREOF , the parties have executed this Agreement on the day and year first
written below .
CLARK COUNTY, WASHINGTON, a subdivision of the State of Washington
By: �,4 Approved as to Form Only
Mark McCa , County Manager ANTHONY F . GOLIK
Date : G� ` Prosecuting Attorney
Ba
Y: ° fi 'jm By:
Sam Kim, Chief Information Officer Deputy Prosecuting Attorney
Date :
By:
= /
�l
Chuck E . Atkins, Sheriff
Date : gr2 Z l
1
CITY OF CAMAS , WASHINGTON
By: C, t;)� By:
r
QF;te� Ca{'�a o' , City mw"M"r� s -Q �� r cater is rn irz�- y vtZ-
Date : 1131417 '°'D "" ' 4 ` s rv� Date : 4 3
17
By: Approved as to Form Only
Nl ; �C� , Police Chief
Date : / I - �o IL- By:
Interlocal Agreement for Multi-agency RMS - Camas Police Department Page 16