CON0001622 - 3/16/2015 - RegJIN Participant Intergovernmental Agreement WA Regional Partner Agency City of Portland Contract & Agreement upload form
Agreement Contract Description*
RegJIN Participant Intergovernmental Agreement WA Regional Partner Agency City of Portland
As described at the top of the Contract/Agreement,including other party.
Contract Amount
(if applicable)
City Staff Contact
(Responsible) Staff Contact Phone# Staff Contact Title
Mitch Lackey 4302 Police Chief
Contracting Contracting Agency Contact Email
Agency\Party Contact Contact Phone john.brooks@portlandore
City of Portland John Brooks 503-823-0000 gon.gov
Department* Dept.Admin Assistant Additional Contact Information
Police Alicia Stevens 4309
Type of Contract* Project Number
Interlocal Agreement(ILA)
Media Type*
Paper Electronic Both
*IMPORTANT!-if related to another contract, provide that contract number here:
Provide if its an amendment,addendum,exhibit,replacement,continuation,etc.
Additional Contract Information
Key words,other agency-related,ordinance,amendment no.to original contract dated
Start Date* Completion Date
3/16/2015
Expiration Date
Renews Automatically Specific Date
Upon Project Completion Other
Renewal/Termination/Extensions Terms*
(i.e.90 days written;until superseded;none specified) Disposition Authority#(DAN)
90 Days Written GS50-01-11
Description of Records
Contracts and Agreements- Retention Disposition Action
General 6 years Destroy
Designation
Archival-Appraisal Required Archival-Permanent Retention Essential
Non-Essential ✓ Non-Archival OFM
OPR
Remarks
Confidential Exempt Information
Comments
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20150316 RegJIN Participant Intergovernmental Agreement WA
2.34MB
Regional Partner Agency Full Entry-EXECUTED.pdf
RegJIN PARTICIPANT INTERGOVERNMENTAL AGREEMENT
WASHINGTON REGIONAL PARTNER AGENCY — FULL ENTRY
This Intergovernmental Agreement ( "Agreement" ) is made effective on 01 -01 - 15 ( " Effective Date " ) by and
between the City of Portland , a municipal corporation of the State of Oregon , and its successors or assigns
( hereinafter referred to as " City" ) and City of Camas ( hereinafter referred to as " RPA" ) , an agency of the
State of Washington , by and through their duly authorized representatives . Authority to enter into the
Agreement is pursuant to Oregon Revised Statues (" ORS " ) 190 . 003 and RCW 39 . 34 . 030 ,
This Agreement may refer to the City and RPA individually as a " Party" or jointly as the " Parties . "
This Agreement shall be perpetual and remain in effect unless otherwise terminated per the terms of this
Agreement .
RPA Contact : City of Portland Contact :
Chief Mitch Lackey Captain John Brooks
Camas Police Department Portland Police Bureau
2100 NE 3rd Avenue 1111 SW 2nd Avenue
Click Here and Type Portland , OR 97204
Camas, Washington 98607
TEL : 3604344151 TEL : ( 503) 823 - 0000
E - MAIL : mlackey@ci . camas . us E - MAIL : john . brooks ( portlandoregon . gov
RECITALS
WHEREAS , the City has acquired a law enforcement Records Management System (" System " ) to maintain
a multi - agency , multi -jurisdictional set of law enforcement applications and associated databases ; and
WHEREAS , the City and the RPA are both signatories to the Intergovernmental Agreement for the User
Board of the Regional Justice Information Network ( RegJIN ) ; and
WHEREAS , the RPA is an Entry RPA as defined in the Intergovernmental Agreement for the User Board of
the RegJIN and herein ; and
WHEREAS , the RPA desires to fully use the System ; and
WHEREAS , the City and the RPA desire to enter into this Agreement and being fully advised ; and
NOW THEREFORE , IN CONSIDERATION of the mutual promises and covenants contained herein , it is
agreed as follows :
1 . DEFINITIONS :
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The following is a definition of terms used herein :
A . "Access " means the authority granted by the City to the RPA' s Authorized Users to review or
receive information from the System .
B . "Agreement" means this Participating Intergovernmental Agreement and all the Terms and
Conditions , including all the documents referenced in the Order of Precedence .
C . "Amendment" means a written document required to be signed by both Parties when in any
way altering the Terms and Conditions or provisions of the Agreement .
D . "Authorized Use" means functions and capabilities that a User is assigned and able to
perform based on User ID and Password , as established by a System Administrator.
E . "Authorized System User" means any User that has passed the authentication process of the
System and is thereby authorized to Use the System ' s functions and components based on
the permissions established by that User' s credentials ( User ID and password , fingerprints ,
etc . ) .
F . " City Confidential Information " means any information , in any form or media , including verbal
discussions , whether or not marked or identified by the City , which is reasonably described
by one or more of the following categories of information : ( 1 ) financial , statistical , personnel ,
human resources data or Personally Identifiable Information as described in the Oregon
Consumer Identity Theft Protection Act of 2007 ; (2 ) business plans , negotiations , or
strategies ; ( 3 ) unannounced pending or future products , services , designs , projects or
internal public relations information ; (4 ) trade secrets , as such term is defined by ORS
192 . 501 (2 ) and the Uniform Trade Secrets Act ORS 646 . 461 to 646 . 475 ; (5 ) Exempt per
ORS 192 . 501 and/or ORS 192 . 502 (6 ) attorney/client privileged communications , (7 ) exempt
per federal laws ( including but not limited to Copyright , HIPAA) and ( 8 ) information relating to
or embodied by designs , plans , configurations , specifications , programs , or systems
developed for the benefit of the City including without limitation , data and information
systems , any software code and related materials licensed or provided to the City by third
parties ; processes ; applications ; codes , modifications and enhancements thereto ; and any
work products produced for the City .
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 Contract 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 Contract ; or is explicitly approved for
release by written authorization of the disclosing Party .
H . " Cost Allocation Formula" means the Plan , adopted by the City based on recommendations
by the User Board that apportions capital , operation , maintenance , repair and equipment
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replacement costs and use of grant funding among the Entry RPAs and Inquiry Only RPAs .
The Cost Allocation Formula may be amended as provided for in the User Board Master IGA .
I . " Criminal History Record Information " means information collected by criminal justice
agencies and stored or available through the System on individuals 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 .
J . " 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 investigative and intelligence information . It does not include agency
personnel or administrative records used for agency operations or management .
K . " Days " shall mean calendar days , including weekdays , weekends and holidays , beginning at
midnight and ending at midnight twenty-four hours later, unless otherwise specified by the
Agreement .
L . Defects means one of the five types of Defects listed below and as outlined in Exhibit E ,
ReJIN Support Model , Figure 1 :
1 ) " Material Defect' means an Error that impairs the Products as described in Critical
Defect and for which no fix is available or forthcoming .
2 ) " Critical Defect' means an Error as defined in the System maintenance and support
agreement between the City and the System Contractor and at least 25 % of the User
base of the Production System are impacted in the same manner as defined in the
System maintenance and support agreement for a Critical Defect .
3 ) " High Defect' means an Error as defined in the System maintenance and support
agreement between the City and the System Contractor and at least 25 % of the
active User base of the Production System and/or Hot Standby System environment
are impacted in the same manner as defined in the System maintenance and support
agreement for a High Defect .
4 ) " Medium Defect' means an Error as defined in the System maintenance and support
agreement between the City and the System Contractor.
5 ) " Low Defect' means a Defect as defined in the System maintenance and support
agreement between the City and the System Contractor . " Dissemination
( Disseminate) " means the transmission of information , whether in writing , or
electronically , to anyone outside the RPA that maintains the information , except
reports to an authorized repository .
M . " Documentation " means User manuals , and other written and electronic materials in any
form that describe the features or functions of the System , including but not limited to
published specifications , technical manuals , training manuals , and operating instructions .
N . " Entry RPA" means a law enforcement agency that has signed the User Board IGA and this
Participant IGA with the City . Entry RPA , the City and their Authorized Users enter data into
the System .
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O . " 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 System .
P . " Error" means any Defect , problem , condition , bug , or other partial or complete inability of the
System to operate in accordance with the applicable Specifications and Documentation .
Q . " Interface" means a point of interaction between System components or the device or code
which enables such interaction ; applicable to both Equipment and Software .
R . " Inquiry Only RPA" means a law enforcement agency that has signed a Participant IGA with
the City , providing Access to view System data but does not input any agency data into the
System .
S . " 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 .
T . " Material Breach " means any breach of this Contract 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 Contract .
U . " 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 System servers via a network connection that is compliant with the
Federal Bureau of Investigation ' s Criminal Justice Information System ( CJIS ) security
policies .
V . " Operation and Maintenance Cost" shall mean the budgeted amount required for the
operation , maintenance , and support of the System which may include , but not be limited to ,
the direct cost for : license fees , vendor support costs , software and hardware upgrade and/or
replacement costs , administrative support of the User Board , maintenance , personnel , direct
costs , facilities use and rental costs , and training for the upcoming year.
W . " Personal Computer ( PC ) " means commercial grade desk top computers that are capable of
accessing System servers via a CJIS compliant connection .
X . " Person " means an individual of any age , concerning whom Criminal History Record
Information is contained in , or accessible through the System .
Y . " RPA Asset" shall mean hardware , software , equipment , real property and fixtures , owned or
leased by the RPA .
Z . " Specifications " shall mean the specifications contained in the contract between the City and
the Contractor for the System governing its implementation and use by the City , Entry RPA ,
and Inquiry Only RPA .
AA . " System " is the law enforcement records management system acquired and implemented by
the City of Portland for use by the Portland Police Bureau and the RPA .
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BB . " System Administrator" shall mean a specially trained Authorized User that is authorized to
perform System administrative functions .
CC . " System Manager" is the individual with designated named backups appointed by the City of
Portland to manage and operate the System on a daily basis .
DD . " Use" means the City authorized Access given to RPA to assign Users , permission levels ,
enter data , and receive information from the System .
EE . " User" shall mean any person employed by or working on behalf of the City or an RPA , the
City' s and RPA' s Bureaus and Divisions , Officers , Directors , and any person or entity
authorized by the City and/or RPA to provide it with Services requiring use of the System ,
and to use the City ' s or an RPA ' s resources in whole or in part , in the course of assisting the
City or an RPA .
FF . " User Board " shall mean the advisory body for the System that operates under the Master
Intergovernmental Agreement for the User Board of the Regional Justice Information System
Network ( RegJIN ) .
GG . " User Fees " are fees set by the City for RPA Access and use of the System and as agreed to
between the City and a RPA in a Participating IGA . User Fees shall be updated annually
based on the Cost Allocation Formula and do not require an Amendment .
HH . "Withdrawal Plan " is a plan outlined in the User Board Master IGA , providing the manner of
complete withdrawal of the RPA from this Agreement or for the RPA to change to an Inquiry
Only RPA .
2 . ORDER OF PRECEDENCE :
In the event there is a conflict between the terms and conditions of one portion of this Agreement
with another portion of this Agreement , the conflict will be resolved by designating which portion of
the Agreement documents takes precedence over the other for purposes of interpretation , except
where a clear statement of precedence other than that set forth in this section is included in the
document . In this Agreement the order of precedence shall be :
Exhibit A — User Fees ( Fiscal Year 2014-2015 )
Exhibit B — Use Policy for LInX Northwest
Exhibit C — System Procedures and Use Policy*
Exhibit D — Equipment and Security Requirements *
Exhibit E — Exhibit E , RegJIN Support Model *
* Exhibits C , D , and E are available on the System ' s website at :
http : //www . portlandonline . com/regoinrc/index . cfm ? & c= 51409 . Exhibits C , D , and E will be revised as
necessary to conform to updated requirements and procedures .
3 . STATEMENT OF PURPOSE .
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The purpose of this Agreement is to define the terms and conditions under which the System will be
Accessed and Used by the RPA .
4 . SYSTEM ACCESS :
The City will contract with the System Contractor and will own all licenses to Access the System .
The City will provide the RPA ' s Users Access to the System .
5 . CITY PROVIDED SERVICES .
A . Enable Access via Equipment , including PCs , MDC , and other hand held devices for
Authorized Use of the System by RPA Users ,
B . Provide procedures , instructions and other documents to the RPA regarding the methods
available and minimum requirements for RPAs ' PCs and MDCs to gain Access to the
System .
C . Provide instructions , documents , and arrange for the necessary training to certify one or
more RPA System Administrators to perform limited administrative functions such as adding
and removing Users from the System , establishing User IDs and passwords , setting up each
User' s Authorized Uses , and resetting passwords . RPA System Administrators will be trained
as required , but not more than five ( 5 ) RPA employees will be trained at any one time .
D . Support the RPA ' s System Administrators in the performance of their System related
administrative functions .
E . Provide training materials , training mentors and access to the System ' s training environment
to enable RPA trainers to provide System training and instruction to RPA Users .
F . Maintain and administer the System according to City of Portland Information Technology
policies and procedures including backup and restore , operating system patches , and
System version upgrades as required and certified by the System Contractor.
G . Monitor , audit , and trouble-shoot the upload of appropriate information from the System to
the Oregon Law Enforcement Data System ( LEDS ) , NCIC , and other interfaced crime and
public safety databases and systems including but not limited to LInX Northwest .
H . Ensure that audit logs are maintained in the System in accordance with CJIS requirements .
I . The City will provide a 24- hour, 365 days per year phone line for RPAs to report System
problems , Errors or Defects . Protocol for addressing System problems , Errors or Defects is
established in Exhibit E. RegJIN Support Model ,
6 . RPA RESPONSIBILITY .
A . Compliance with Applicable Law . RPA 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 .
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B . The RPA acknowledges and agrees that RPA employees will only use the System for
Authorized Uses . Permission to use the information available in or through the System other
than for Authorized Use shall be obtained in writing from the City prior to any such use .
C . The RPA acknowledges and agrees that RPA employees and subcontractors will only
Access the System and information available in or through the System as authorized in this
Agreement . Permission to Access the System or information available in or through the
System other than as authorized in this Agreement shall be obtained in writing from the City
prior to any such Access .
D . The RPA acknowledges and agrees that the RPA , RPA employees , and RPA subcontractors
will not modify through computer programming or other techniques the functions , capabilities ,
and operations of the System unless written authorization is provided by the System
Manager prior to performing such modifications .
E . The RPA acknowledges and agrees that ; pursuant to the directions of the Oregon State
Police and Part IV of the National Crime Information Center ( NCIC ) Computerized Criminal
History , Program Concepts and Policy ; the City shall establish policy and exercise
management control over all operations of the System . The System Procedures and Use
Policy is attached as Exhibit C .
F . RPA Administrators shall be responsible for creating User IDs , passwords , and establishing
the Authorized Uses of the System for RPA Users within the constraints of the policies and
procedures established by the City for such Users .
G . RPA is responsible for providing its own Equipment , including PCs , MDCs , printers , and
other RPA located devices required by RPA Users of the System .
H . The RPA acknowledges and agrees that all RPA Equipment such as PCs and MDCs with
Access to the System will be configured to meet the System ' s minimum requirements to gain
Access as specified in Exhibit D : Equipment and Security Requirements .
I . The RPA acknowledges and agrees that all RPA Users shall meet the Personnel Security
requirements specified in Exhibit D : Equipment and Security Requirements ,
J . RPA is responsible for maintaining RPA PCs and MDCs according to City established
requirements as specified in Exhibit D : Equipment and Security Requirements for the
System .
K . RPA is responsible for installing , configuring and providing network access to devices located
in RPA facilities and vehicles including , but not limited to , printers , scanners , and image
capture devices .
L . RPA is responsible for providing secure network Access that 1 ) meets CJIS security
requirements and 2 ) enables RPA PCs to reach the System ' s network demarcation points .
M . RPA is responsible for providing network connectivity that meets CJIS security policies and
for providing all network communication devices and Equipment between RPA MDCs and
the System .
N . RPA is responsible for ensuring that all RPA network infrastructure and workstations with
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Access to the System comply with the most current CJIS security policy including , but not
limited to , the physical security of workstations and MDCs that are able to Access the
System , access control , identification and authentication , information flow enforcement , and
system and information integrity . RPA may contact the City to determine how to obtain the
most current version of the CJIS security policy document . The RPA is responsible for curing
any problems uncovered as a result of an FBI audit . The City reserves the right to request
and receive within a reasonable period , verification of RPA' s compliance with CJIS policies .
O . RPA is responsible for providing the City with the most current contact information for the
RPA' s security personnel and any changes thereof within seven (7 ) days of the change .
P . RPA is responsible for ensuring that all RPA Users that are granted Authorized Use of the
System comply with the appropriate CJIS security requirements .
Q . RPA acknowledges and agrees that data entered into the System by RPA Users shall
conform to the standards and procedures established for the System as described in Exhibit
C , System Procedures and Use Policy . The City shall notify the RPA in writing if data
entered by RPA Users is found to be nonconforming to the established standards and
procedures . The RPA shall , at its option , 1 ) Correct such data using RPA resources as soon
as practicable , but not to exceed thirty ( 30 ) days , or 2) request assistance by the City and
reimburse the City for any costs associated with the City ' s removing or performing remedial
actions on RPA data required to bring the data into conformance with established standards
and procedures .
7 . LInX NORTHWEST :
A . The RPA acknowledges and agrees to abide by all use policies set forth for participation in
the NCIS Law Enforcement Information Exchange ( LInX Northwest) system as stipulated in
Exhibit B : Use Policy for LInX Northwest .
B . The RPA authorizes the City to provide the RPA ' s public records category data that is
contained in the RegJIN RMS to LInX Northwest for Access and authorized Use by LInX
Northwest users .
8 . CONFIDENTIALITY .
A . Maintenance of Confidentiality . The City and RPA shall treat as confidential any Confidential
information that has been made known or available to them or that an Entry RPA has
received , learned , heard or observed ; or to which an RPA has had access . The City and
RPA shall use Confidential information exclusively for the City or RPA' s benefit and in
furtherance of this Agreement . Except as may be expressly authorized in writing by the City
or RPA , in no event shall the City or RPA publish , use , discuss or cause or permit to be
disclosed to any other person such Confidential information . The City and RPA shall ( 1 ) limit
disclosure of the Confidential information to those directors , officers , employees and agents
of the City or RPA 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 the
City or RPA employs with respect to protecting its own proprietary and confidential
information , and ( 3) return immediately to the City or RPA who provided the information ,
upon its request , all materials containing Confidential Information in whatever form , that are
in the City or RPA' s possession or custody or under its control . The City and RPA are
expressly restricted from and shall not use Confidential intellectual property of the City or
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providing RPA without the City or that RPA' s prior written consent .
B . The RPA acknowledge that each RPA is subject to the Oregon or Washington Public
Records Acts , as applicable , and Federal law. Third persons may claim that the Confidential
Information may be , by virtue of its possession by the City or a RPA , a public record and
subject to disclosure . RPA receiving a public records request agrees , consistent with its
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 , Washington RPA shall abide by RCW 42 . 56 for cases involving
public records contained in the City of Portland owned RegJIN system . A RPA' s
commitments to maintain information confidential under this Agreement are all subject to the
constraints of Oregon or Washington Statutes and Federal laws . Within the limits and
discretion allowed by those laws , the City and RPA will maintain the confidentiality of
information .
C . The RPA acknowledge and agree that the City and each RPA owns its own data in the
System . RMS data can only be disclosed by the agency that entered it . In the event of a
public record request for System data which belongs to the City or another RPA , the City or
receiving RPA shall inform both the requestor and the appropriate RPA within two business
days that it is not the custodian of record for the requested data and identify the RPA that
may be able to comply with the public record request . . Notwithstanding the above
Washington RPA shall abide by Washington law including without limitation , RCW 42 . 56 .
D . The RPA acknowledge that unauthorized disclosure of Confidential Information will result in
irreparable harm to the City or providing RPA . In the event of a breach or threatened breach
of this Agreement , the City or affected RPA may obtain equitable relief prohibiting the breach ,
in addition to any other appropriate legal or equitable relief.
9 . LIMITS ON DISSEMINATION .
The RPA' s Dissemination of Criminal Justice Information available in or through the RegJIN RMS
shall follow current Criminal Justice Information policies and procedures and/or other applicable
State and/or Federal Laws .
10 . INFORMATION CONTROL AND RESPONSIBILITY .
Additions , modifications , and deletions of information stored in the RegJIN RMS shall be restricted to
specifically authorized RPA Users and devices . The City will provide the RPA with a list of RPA
sworn personnel , Users and devices that are permitted Access to the System on an annual basis .
The RPA shall verify the list and report any discrepancies within 60 days . The responsible Party
shall update the list of authorized Users and devices in a timely manner.
11 . EQUITABLE REMEDIES .
The RPA acknowledges that unauthorized disclosure of City Confidential Information or misuse of a
City computer system or network will result in irreparable harm to the City . In the event of a breach
or threatened breach of this Contract , the City may obtain equitable relief prohibiting the breach , in
addition to any other appropriate legal or equitable relief.
12 . SECURITY :
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A . Physical Security — the RPA shall be responsible for maintaining the physical security of all
devices that are authorized to Access the System , as well as any printed output or System
Documentation which might permit unauthorized Access to , or Use of the System from within
the RPA .
B . On - Line Security — The System contains procedures and tools to ensure that only authorized
RPA Users and RPA devices can Access the information available in or through the System .
RPA Users will be required to enter System User IDs and passwords before gaining Access
to the System . System functions and System data . The RPA is responsible for issuing
individual System User IDs and passwords to RPA Users , The RPA acknowledges and
agrees that RPA employees will not share System User IDs and passwords .
C . Personnel Security — Any individuals that are provided Access to the System by the RPA
through the issuing of System 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 the RPA ' s own confidential information .
2 ) Be fingerprinted and their identification and personal history verified through a check
of the System ' s master name index , Oregon LEDS , the National Crime Information
Center , and the FBI ' s Criminal Identification files .
3 ) Obtain appropriate certifications from the Oregon State Police for any LEDS and
NCIC transactions for which the User is authorized to perform within the System .
D . The RPA acknowledges and agrees 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 RegJIN and for those RPA
employees or contractors who have direct responsibility to configure and maintain computer
systems and networks with direct access to Criminal Justice Information through RegJIN . If
applicable , RPA shall deny or terminate Access and deny issuing or revoke a System User
ID and password if, upon investigation , any RPA employee requesting or currently Using a
System User ID and password is found to be in violation of current CJIS policy .
E . The RPA acknowledges and agrees to immediately deactivate the System USER ID and
password of any employee or contractor who is no longer an RPA employee , an RPA
contractor, or who no longer requires Access to the System .
F . RPA shall provide immediate notification to the System Manager of any security breach that
affects the System or any other City systems . RPA shall provide notification to the System
Manager of any incident relating to System integrity such as a computer virus .
G . Failure to comply with the Security and Access specifications contained in the Agreement
and Exhibit D : Equipment and Security Requirements may , at the sole discretion of the City ,
result in the suspension of the RPA and the RPA Users ' Access to the System until such
failures are corrected to the City' s satisfaction .
13 . PROPRIETARY RIGHTS .
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All trademarks , service marks , patents , copyrights , trade secrets , and other proprietary rights in or
related to each Party are and will remain the exclusive property of that Party .
14. PAYMENT :
A . RPA acknowledges and agrees to pay the City the amount set out in Exhibit A : User Fees ,
which shall conform to the Entry RPA cost allocations contained in the Cost Allocation
Formula in the User Board Master IGA in effect at the time of billing .
Be Additional RegJIN services and/or System functions that are not routinely provided to other
Entry RPAs under this Agreement shall be added via Amendment and billed as a separate
line item identified in Exhibit A .
C . Exhibit A , User Fees , shall be adjusted to conform to changes in the Cost Allocation Formula
or in the services and/or System functions provided by the City to the RPA .
D . The City will invoice the RPA annually in conformance with Exhibit A : User Fees ,
E . The RPA shall submit payment within thirty ( 30) days of receipt of the invoice from the City .
F . Failure to pay the City as due will suspend the RPA' s Access to the System until fully paid
up .
G . In order to conform to the Cost Allocation Formula in the User Board Master IGA and to
enable the invoice preparation per Exhibit A , RPA shall provide the City with the RPA' s
number of authorized sworn personnel plus any correctional deputies that will Access the
System by April 1 of the calendar year before the next fiscal year during which the invoices
apply .
15 . CITY AUDITS :
The City , either directly or through a designated representative , may conduct financial and
performance audits directly related to this Agreement . City audits shall be conducted in accordance
with generally accepted auditing standards . RPA shall provide the City' s internal auditor or external
auditor , and their designees with a copy of all reports , including any management letters issued as a
result of the specified audits .
Access to Records — The City internal auditor or City external auditor , and their designees , shall be
given the right , and the necessary access , to review the work papers of RPA audits if the City deems
it necessary . Copies of applicable records shall be made available upon request at no cost to the
City .
16 . DURATION WITHDRAWAL AND TERMINATION .
A . This Agreement is perpetual and shall continue from year to year unless otherwise
terminated .
Be This Agreement may be terminated by either Party by the provision of a 90- 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 .
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C . The effective date of termination shall be on January 1 of the year following the year during
which the 90-day written notice expired .
D . Upon the effective date of termination , the RPA may remove its RPA assets from the System
including any System data belonging to the RPA . All costs associated with the reasonable
removal of the RPA ' s assets including System data owned by the RPA will be the
responsibility of the RPA , unless termination notice is provided by the City in which case the
City will either keep the data or the RPA will be responsible for all costs associated with the
reasonable removal of the RPA' s assets including System data owned by the RPA .
E . A minimum of 180 days shall be allocated for the System Manager to withdraw an RPA ' s
assets including System data owned by the RPA from the System after the date upon which
the termination becomes effective . The RPA may , at its option , continue to Access the
System during this period .
F . In the event of termination , RPA shall pay the City for work performed in accordance with the
Agreement prior to the effective date of termination .
17 . FORCE MAJEURE :
A . 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 ( hereinafter referred
to as a " Force Majeure Event" ) , the Party who has been so affected immediately shall give
notice to the other Party and shall do everything possible to resume performance .
B . If the period of nonperformance exceeds fifteen ( 15 ) Calendar Days from the receipt of notice
of the Force Majeure Event , the Party whose ability to perform has not been so affected may ,
by giving written notice , terminate this Agreement .
18 . VIOLATIONS OF THE AGREEMENT :
In the event of violation of the provisions of this Agreement , or violation of the security policy by the
RPA , RPA employees , and/or RPA contractors , the City shall have the authority to immediately
restrict or prohibit Access to the System by RPA Users , RPA PCs , RPA MDCs , and other RPA
devices until resolution of the problem to the satisfaction of the City . The RPA shall be notified in
writing of such action , given 30 days in which to cure the violation before Access is restricted or
prohibited , and there shall be no charge for Access during any time that Access is prohibited .
19 : ROLLING ESTOPPEL :
Unless otherwise notified by the RPA , it shall be understood that the City shall have met all its
obligations under the Agreement . The City will be conclusively deemed to have fulfilled its
obligations , unless it receives a deficiency report from the RPA within ninety ( 90 ) Days of the alleged
deficiency and the RPA identifies the specific deficiency in the City' s fulfillment of its obligations in
that report . Deficiencies must be described in terms of how they have affected a specific
performance requirement of City .
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20 . DISPUTE RESOLUTION .
The RPA shall cooperate with the City 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 City and RPA under this Agreement shall be resolved , if possible by
the System Manager or their designee on behalf of the City and the Chief of Police, or his/her
designee on behalf of the RPA .
B . If the System Manager or the System Manager' s designee and RPA are unable to resolve
any dispute within three ( 3 ) 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 Bureau of Technology Services Chief Technology Officer on behalf of the City and
Information Services Director or the Chief of Police, or his/her designee on behalf of the RPA for
resolution , if possible .
C . If the City' s Chief Technology Officer and RPA' s the Chief of Police„ or designee , are unable to
resolve any dispute within fourteen ( 14) Calendar Days , or such other time as mutually
agreed upon , the dispute shall be escalated to the Chief of Police/Sheriff.
D . 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' s commencing binding arbitration or litigation . In such an
event , the Parties to this Agreement agree to participate in good faith in a non - binding
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 .
E . Should an equitable solution not result from the foregoing , the City and Contractor shall be
free to agree to pursue either binding arbitration , litigation , or other remedies allowed under
this Agreement .
F . In the event the Parties elect to use arbitration to settle the dispute , within thirty (30) Days of
a notice by either Party to the other requesting arbitration , the affected RPA shall select an
arbitrator from a list of three ( 3 ) obtained from Arbitration Services of Portland , Inc . (ASP) .
For the avoidance of doubt , issues related to technology require an arbitrator with a
background in computer systems or technology . The arbitrator shall , for purposes of the
arbitration proceedings , apply the rules of mandatory arbitration as adopted by the ASP in
effect at the time of the arbitration . Within sixty (60 ) Days of the appointment of the arbitrator,
the Parties shall concurrently submit to the arbitrator ( supplying a copy to each other) a
written statement of their respective legal and factual positions on the dispute . The arbitrator
shall determine , after a hearing on the merits and within forty-five (45 ) Days after receipt of
the statements , the determination of the dispute which determination shall be final and
binding . Each Party shall bear equally the expense of the arbitrator and all other expenses of
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Washington Agreement - City Attorney 2/2015
conducting the arbitration . Each Party shall bear its own expenses for witnesses ,
depositions , other costs incurred and attorney ' s fees .
G . Unless ordered by the City to suspend Access , the RPA 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 RPA shall continue
to make all payments that are not in dispute , in accordance with the provisions of the
Agreement .
21 . 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 the Provider : RegJIN System Manager
Portland Police Bureau
1111 SW Second Avenue , Room 1156
Portland , Oregon 97204-3232
If to the RPA : Agency Contact Info
Mitch Lackey ( name )
Chief of Police (title)
Camas Police Department ( office )
2100 NE 3rd Avenue ( address )
Camas , Washington 98607 ( city , state , ziip)
22 . AMENDMENTS :
Except as a section or subsection may otherwise specifically provide , limit , or prohibit , the City and
RPA may amend this Agreement at any time only by written Amendment executed by the City and
the RPA .
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 approved as to form by
the City Attorney and executed in writing by authorized representatives of the Parties . If the
requirements for Amendment of this Agreement 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 .
23 . INTERPRETATION .
The terms and conditions of this Agreement shall be liberally construed in accordance with the
general purposes of this Agreement and according to Oregon law. This Agreement shall be
construed according to the laws of the State of Oregon without reference to its conflict of law
provisions . Any litigation between the City and RPA arising under this Agreement shall occur, if in
the state courts , in the Multnomah County Circuit Court , and if in the federal courts , in the United
States District Court for the District of Oregon .
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Washington Agreement - City Attorney 2/2015
24 . INDEMNIFICATION .
To the extent permitted by the Constitutions and laws of Oregon and Washington the RPA and the
City shall hold each other harmless and indemnify each other for the negligent acts , actions or
omissions to act of their respective entity' s , commissioners , officers , employees , and agents in the
performance of their respective responsibilities and duties under this Agreement . Notwithstanding
the foregoing , neither Party shall in any way be liable to hold harmless or indemnify the other Party
for any costs or claims arising directly , or indirectly , out of any System related activities in which they
are not participating .
25 . 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 .
26 . WAIVER :
No waiver or any breach of Agreement shall be held to be a waiver of any other or subsequent
breach of this Agreement .
27 . REMEDIES :
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.
28 . 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 .
29 . NO THIRD PARTY BENEFICIARIES .
The Parties expressly agreed 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 City and RPA . 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 .
30 . 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 .
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Washington Agreement - City Attorney 2/2015
i
RegJIN PARTICIPANT INTERGOVERNMENTAL AGREEMENT
I
I
Signature Page
31 . INTEGRATION :
I
This Agreement and the User Board IGA constitutes the entire Agreement between RPA and
the City and supersedes all prior written or oral discussions , proposals , presentations ,
understandings or agreements between the Parties on this subject .
The Parties acknowledge that they have read and understand this Agreement and agree to be `
bound by the terms and conditions contained herein .
The Parties agree that they may execute this Agreement , and any Amendments to this
Agreement , by electronic means , including the use of electronic signatures .
The Parties hereby cause this Agreement to be executed .
I� The City : City of Portland RPA: City Acamas , WA
Bye Bye
;Name : Lawrence P . O' Dea III Name : '5Clt�tiOlA % ins
Title : Chief of Police 1 � Title : IVIGUOr
Date : Date :
3A It 5
t •
By : � /� BY
4:Z �y
.
Nam Kalei Taylor Name : Sha l ,,n MDG htt' V3Y�
I Title . Deputy City Attorney for the City of Portland Titles
Date : Date : I
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Washington RegJN Participant IGA — City of Camas, Washington City Attorney 2/2015