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HomeMy WebLinkAboutSanta Clara County - 2010 Agreement for CJIC System Network Services Your Technology Partner 1555 Berger Drive, Bldg. 2 San Jose, California 95112-2704 (408) 299-3611 Fax 297-7484 County of Santa Clara Office of the County Executive Information Services Department NETWORK SERVICES BilLING FOR ACCESS TO CJIC SYSTEM This is an Agreement between the County of Santa Clara (hereinafter, County) and the City of Gilroy Police Department (hereinafter, Gilroy Police Department) for the network services to access the CJIC system. 1. Term of Aqreement: This Agreement upon execution shall remain in full force and effect from July 1, 2010 through June 30, 2015 unless and until either County or Gilroy Police Department exercises its right to terminate, as provided in section 4 below. 2. Payment and Billinq: As of July 1,2010, July 1, 2011, July 1, 2012, July 1, 2013, and July 1, 2014 the Gilroy Police Department shall be invoiced a one-time lump sum of $2,569.91 each year for network support services to be rendered by the County through FY2015. In addition, Gilroy shall pay a monthly connect charge of $18.83 per TN3270 connection used to access the CJIC system during FY2011. Monthly connection charges are reassessed by County each fiscal year and rate will be submitted as an amendment to this Agreement. Payment of invoiced amounts shall be due and payable within thirty (30) days of receipt. 3. Hold Harmless: In lieu of and not withstanding the pro rata risk allocation which might otherwise be imposed between the Parties pursuant to Government Code Section 895.6, the Parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the County and Gilroy agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with or arising out of any work, authority or jurisdiction delegated to such party under this Agreement. No party, nor any officer, board member, employee, or agent thereof shall be responsible for any damage or liability occurring by reason of the negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under of in connection with or arising out of any work, authority or jurisdiction delegated to such other parties under this Agreement. County requires that Gilroy Police Department provide information on Gilroy Police Department insurance or self insurance program. 4. Termination of Aqreement: Either party may cancel or terminate this Agreement for any reason whatsoever upon sixty (60) days notice. Notice of termination shall be in writing and sent by registered mail to the Chief Information Officer (Cia) or the appropriate person designated by Gilroy Police Department, as follows: Joyce Wing, cia Information Services Department 1555 Berger Dr., Bldg2, Floor 2 San Jose, CA 95112 (408) 918-7043 Tom Haglund, City Administrator Gilroy Police Department 7370 Rosanna St Gilroy, CA 95020 (408) 846-0272 Board of Supervisors: Donald F. Gage, George Shirakawa, Da ve Cortese, Ken Yeager, Liz Kniss County Execlltive: Jeffrey V. Smith Page I of 3 5. Governinq Law: Unless where preempted by Federal laws such as in Copyright Laws, this Agreement shall be enforced and interpreted under the laws of the State of California and the County of Santa Clara, without any regards to the conflict of law principles. 6. Limitation of Liability: Gilroy Police Department acknowledges and agrees that the consideration which County is charging hereunder does not include any consideration for assumption by County of the risk of Gilroy Police Department's damages, including special, indirect, consequential or incidental damages, which may arise in connection with Gilroy Police Department's use of the CJIC system. Accordingly, Gilroy Police Department agrees that County shall not be liable to Gilroy Police Department or its users for any damages, including loss-of- profit, indirect, incidental, special, consequential, liquidated, exemplary, or punitive damages arising out of the licensing, sublicensing or use of the CJIC system. In no event shall the County's liability exceed a single monthly fee paid by Gilroy Police Department to County for use of the CJIC system. 7. Limited Warranty: County represents and warrants to Gilroy Police Department that the CJIC system will perform in a reasonable manner during the term of this Agreement. Should County be in breach of its representation and warranty under this Section, County's entire liability and Gilroy Police Department's exclusive remedy shall be termination of the Agreement. 8. Disclaimer of Warranties: THE LIMITED WARRANTY SET FORTH IN THE LIMITED WARRANTY SECTION IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. The warranty stated in the Limited Warranty section is the sole and the exclusive warranty offered by County. County makes no other warranties of any kind respecting the CJIC system, either express or implied, including but not limited to any warranty of design, quality, accuracy, data integrity, lack of viruses, bugs, worms, back doors, and Trojan horse computer programs, completeness, performance, of merchantability, or of fitness for a particular purpose, even if County has been informed of such purpose. No agent or employee of County is authorized to alter or exceed the warranty obligations of County as set forth herein. 9. Ownership: Gilroy Police Department acknowledges and agrees that the CJIC system and any derivatives are the sole property of County. Gilroy Police Department has no right, title, or interest to the CJIC system or any derivatives thereof. 10. Severability: If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. 11. Venue: The parties to this Agreement hereby agree to submit to the exclusive jurisdiction of and venue in the courts of competent jurisdiction, federal or state, in the County of Santa Clara in any disputes related to or arising out of this Agreement. 12. 12. Riqht of Third Parties: This Agreement shall not confer any rights on any third party. No party shall, on the basis of this Agreement, in any way contract on behalf of or in the name of the other party. 13. Assiqnment: This Agreement may not be assigned by either party without the consent of the other party. 14. Amendment: Amendment to the terms and conditions of this Agreement shall be effective only upon mutual agreement in writing by the parties hereto. Board of Supervisors: Donald F. Gage, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss COt~Il!Y executive: Jctlr..::y V. Smi:h Page 2 on 15. Waiver: No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted by a party must be in writing, and shall apply to the specific instance expressly stated. 16. Security: The parties shall comply with the security requirements, change control and other related practices under this Agreement as set forth in Attachment A, attached and incorporated by this reference. 17. Entire Aqreement: This document represents the entire Agreement between the parties with respect to the subject matter hereof. All prior negotiations and written and/or oral agreements between the parties with respect to the subject matter of this Agreement are merged into this Agreement. 18. Survival: The following sections of this Agreement shall survive termination of this Agreement for any reason: 2 through 17. County of Santa Clara: Date (PD )0 Gilroy Police Department: c-l Date: ~ ~~ City Administrator Approved as to Form and Legality: Date: ~(( qlcJ R ert A. Nakamae Deputy County Counsel Approved By: Date~~:~~ ~tlng Officer Board of Supervisors: Donald F. Gage, George Shirakawa, Dave C011ese, Ken Yeager, Liz Kniss County Exeeutive: Jeffrey V. Smi'h Page] of] " . Attachment A to Network Services Billing Agreement for Access to the CJIC System Between the Gilro Police De artment and the Count of Santa Clara. This Attachment A includes information that is sensitive to the County of Santa Clara and Gilroy Police Department. As such, best efforts shall be made to ensure distribution is to be limited to only those employees or authorized agents of each signing party that have a legitimate need for access to the document. This document shall not be released unless otherwise required by law. 03/01/2010 A network connection between the Gilroy Police Department (hereinafter referred to as Department) data network and the County of Santa Clara (hereinafter referred to as County) data network. The purpose of this network connection is to provide the Department access to the Criminal Justice Information Control (CJIC) system. This memorandum establishes information security requirements, change control and other relevant practices that shall be followed by both organizations for said network connection. Ownership and Responsibilities o Each Organization shall maintain a perimeter VPN concentrator at their end of the network connection, and shall maintain sole management ownership of the VPN concentrator at their respective end. o The VPN concentrator can be multi-purpose (i.e., used for other network connections). o The demarcation of Support is the two external router interfaces of the County's two connections to the Internet. Both County and Department shall work in good faith to resolve any technical or security issues. Design o VPN access lists shall be designed to limit to the maximum practical level access by source IP address, destination IP address, and protocols allowed. Fixed IP addresses are required for both the County and the Department for all devices that have access through the network connection. o The devices that have access through the network connection shall be in a secure location not accessible by the public or unauthorized individuals. o Remote dial-up, wireless, VPN and all other forms of remote access initiated on one side of the network connection to access systems on the other side of the connection are currently outside the scope of this Agreement and are prohibited. o Any exception to any of the above provisions shall be mutually agreed upon and documented as an addendum to this Agreement, which will be re- executed by the authorized representatives of each organization. o The following connectivity is covered by this MOU: VPN Connection between the County and Gilroy shall be a "point to point" encrypted tunnel a "fixed" public IP address on both sides. The Gilroy VPN device shall initiate the connection. The connection shall have a predefined shared key coded on both sides. Upon mutual agreement, in writing signed by both parties, other networks can be added to this infrastructure to leverage its capacity (e.g., MOREHITS). Change Management o Both the County and the Department shall be empowered to make routine changes to their VPN Concentrator as needed and without notice. Below is a comprehensive list of such actions. The list may be amended if mutually agreed by the County and the Department and documented as a change to this Agreement, which shall be re-executed by the authorized representatives of each organization. · Enable debugging, rebooting, IOS I hardware upgrades. " .. . Make modifications that only effect administrative accesses to the VPN Concentrator (i.e., add/delete administrative capable workstations, change passwords). · Make changes to existing access-lists that do not affect the security of either party. . Testing of recovery procedures. o Detailed documentation of change management requests that are not defined as routine shall be provided to the other party at least 5 working days in advance of implementation for review and approval prior to implementation. o Either the County or the Department may request consultation with the other party on any modification to internal networks that involves connections to third party networks or changes in security. MONITORING o Each party shall be responsible for monitoring their respective access and management logs as local policy requires. o Designated security staff of both organizations shall immediately report to each other any suspicious and unusual activity. SUPPORT o Both parties shall provide contact information for staff to be alerted should an issue/problem arise. Contacts shall be available 24x365 to resolve issues/problems involving service continuity or security. RECOURSE o o Failure by either party to comply with the provisions of this Attachment shall result in the curtailment or elimination of access to the other party's network until remedial steps have been taken to comply. AUDIT o Both parties may review each other's access logs and device configurations (less passwords) upon request by their respective CIa, or designee. Review does not imply the right to paper or electronic copy of such, which shall only be given by consent.