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HomeMy WebLinkAboutC-5984 - Coplink System Use AgreementINTEGRATED LAW AND JUSTICE AGENCY FOR ORANGE COUNTY COPLINK SYSTEM USE AGREEMENT (AMENDED April 28, 2014) Io OVERVIEW a. Background: The Integrated Law and Justice Agency for Orange County ("ILJAOC"), a Joint Powers Authority (JPA), was established on June 26, 2006 by law enforcement and justice agencies in Orange County, California pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the California Government Code. The ILJAOC is a cooperative venture, created among other reasons, to develop and implement a Regional justice information sharing system that would allow law and justice agencies throughout Orange County, California and the nation, to share information retained in their case and records management systems ("Information"), as well as in other relevant data files. b. Intended Benefits: The ILJAOC seeks to protect the total community by efficiently and effectively providing accessible, accurate Information for the speedy investigation and apprehension of terrorists and other law violators. Information is shared through a COPLINK Solution Suite ("COPLINK"), a computerized system that is currently owned and maintained by the International Business Machines (IBM) Corporation ("IBM" or "Contractor"),. c. Purpose of Policy: The purpose of this COPLINK System Use Agreement ("Agreement") is to outline conditions under which participating agencies ("Agency" or "Agencies") will share and use Information in COPLINK. This Agreement is intended to supplement existing agreements between ILJAOC and Agencies, as well as the ILJAOC Joint Powers Agreement. This Agreement, therefore, does not include various provisions already covered in those agreements, including, but not limited to, indemnification provisions. d. Agency Participation: An Agency can apply to participate in COPLINK by submitting a proposal to the ILJAOC Governing Board that outlines the Agency's intended use of COPLINK, the type of data the Agency intends to contribute, and any other information requested by the ILJAOC. A majority vote of the full membership of the ILJAOC Board is required to approve an Agency's participation in COPLINK, and the Agency must sign a copy of this Agreement and accept its conditions prior to being permitted to access or upload data into COPLINK. The Agency RMS / CMS Information Sharing COPLINK System Use Policy 4/28/2014 contributing data and/or using the System, will proactively cooperate with the ILJAOC, the other participating Agencies, and any contractors working to implement, improve and manage the system by obtaining the cooperation of their own system vendors and or maintenance contractors to facilitate: • Network access and connectivity • Data extracts for engineering and testing purposes • Production extracts • Required modifications to their source systems • Regular data updates as agreed to during the design and any improvement process • Timely review and approval of design documents and test results e. Agency Withdrawal: An Agency may withdraw their participation in COPLINK at any time by providing advance written notice to the ILJAOC that the Agency wishes to withdraw their participation. In the event that the Agency wishes data contributed by it to be withdrawn from the COPLINK repository as part of the termination of its participation, the withdrawing Agency is responsible for contacting the maintenance vendor and requesting the data removal, which may only be done after the Agency provides written notice to ILJAOC of their intent to withdraw participation. The withdrawing Agency is responsible for the cost associated with the removal of its data from COPLINK. II, AUTHORIZED RELEASE OF INFORMATION a. Sharing of Information: Each Agency authorizes the release of Information residing in COPLINK to all authorized users of COPLINK to the full extent permitted by law. Any Agency that does not want certain Information made available to other COPLINK users is responsible for ensuring that the Information is not included in the data transfer to COPLINK. An Agency that wants certain data to be made available only to a select group of users is responsible for placing the appropriate restriction indicator on COPLINK. 1. California law prohibits the release of victim information to unauthorized users in specific sex related crimes. b. Limitation on Information Sharing: Information contributed by each Agency shall only be shared with or released to those other Agencies that have entered into this Agreement. Only authorized employees of those Agencies who have an approved login and password ("Authorized Users") will be allowed to access or use information in COPLINK. c. Liability: Each Agency is solely responsible for any and all claims (including without limitation, claims for bodily injury, death or damage to Page 2 of 11 RMS / CMS Information Sharing COPLINK System Use Policy 4/28/2014 property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) ("Claims") of every kind and nature whatsoever, arising in any manner by reason of the negligent acts, errors, omissions or willful misconduct incident to the performance of this Agreement, including the use or alleged or actual misuse of COPLINK by that Agency, its officers, agents and/or employees. III. INFORMATION OWNERSHIP a. Ownership: Each Agency retains control of all information it provides to COPLINK. Each Agency is responsible for creating, updating, and deleting records in its own records management system or database, according to its own policies. Each Agency shall use its best efforts to insure the completeness and accuracy of its source data. b. Release of Information: Agencies and Authorized Users shall release or make available information accessed from COPLINK only to persons or entities authorized to receive COPLINK information. c. Unauthorized Requests: If an Agency receives a request for information in COPLINK by anyone who is not authorized to receive information from COPLINK, that Agency shall refer the request to the law enforcement agency that authored or originated the requested information ("Source Agency"). d. Public Record Requests, Subpoenas and Court Orders: Any Agency receiving a public records request, subpoena, or court order ("Legal Request") for information in COPLINK not authored by or originated by that Agency shall respond to the Legal Request, and shall immediately provide a copy of the Legal Request to the Source Agency. IV. UNDERSTANDING ON ACCURACY OF INFORMATION a. Accuracy of Information: Agencies agree that the data maintained in COPLINK consists of information assumed to be accurate. Each agency will participate in several testing sessions to validate and ensure that its information is accurate. However, each Agency acknowledges that data inaccuracies can arise for multiple reasons (e.g., entry errors, misinterpretation, outdated data, etc.). It shall be the responsibility of the Agency requesting or using the data to confirm the accuracy of the information with the Source Agency before taking any enforcement - related action. Page 3 of 11 RMS / CMS Information Sharing COPLINK System Use Policy 4128/2014 b. Timeliness of Information: Each Agency shall determine the frequency with which its data will be refreshed in COPLINK. In addition, each Agency has its own policy regarding the speed at which incidents are recorded in its internal records management systems. Because changes or additions to data do not get updated in COPLINK on a real- time basis, the Agencies recognize that information in COPLINK may not always be timely and relevant. It shall be the responsibility of the requesting Agency to confirm the timeliness and relevance of the information with the Source Agency. Additionally, a data refresh schedule will be made available upon request from each System Administrator to enable a user to determine the potential timeliness of each Agency's data. c. Hold Harmless: To the extent permitted by law, each Agency agrees to hold the other Agencies harmless for any information in COPLINK, or any action taken as a result of that data, regardless of whether the data is accurate or not, or any time delay associated with changes, additions, or deletions to the information contributed. This hold harmless provision shall not apply to the willful misconduct or gross negligence of Source Agencies. V. USER ACCESS a. Login Application Process: Each Agency's System Administrator is responsible for management of user accounts at that Agency. Each Agency agrees that all Authorized Users shall be current employees and be authorized to review criminal data for legitimate purposes. Each potential user shall submit a request for a login and password to his/her Agency's System Administrator. The Agency's System Administrator shall have discretion to deny or revoke individual access. b. Login Assignment: Each Authorized User will be issued a user login and a default password by his/her Agency System Administrator. Upon logging into COPLINK for the first time, each Authorized User will change the default password to another password. Authorized Users may be assigned to groups that have different levels of access rights based on the level of restriction of the information. c. Provision of Agreement: Each Agency's System Administrator must make a copy of the terms and conditions of this Agreement available on paper and/or electronically to all Authorized Users when they are issued a login ID for the COPLINK system. d. Intended Use: Each Agency and Authorized User agrees that COPLINK, the information contained in it, and the networking resources it provides are to be used solely for purposes consistent with the law. Page 4 of 11 RMS / CMS Information Sharing COPLINK System Use Policy 4/28/2014 Authorized Users shall not use or share the information for any unethical, illegal, or criminal purpose. e. Limitations on Use of Logins: An Authorized User may not access COPLINK by using a name or password that was assigned to another user. An Authorized User may not give his or her password to another person, including another user, to access the system. f. Audit Trail: Each transaction on COPLINK is logged, and an audit trail is created. Each Agency System Administrator shall conduct an internal audit on a periodic basis to ensure information is reasonably up to date and user queries are made for legitimate law enforcement purposes. COPLINK will require each Authorized User to input the reason for the requested information before any information is generated. This information shall be recorded on COPLINK, and retained to allow the Agency System Administrators to complete the internal audit. Each System Administrator shall maintain the audit trail for a minimum of three years. Requests for transaction logs shall be made in writing to the Agency System Administrator, who shall provide the logs to the requesting Agency within a reasonable amount of time. g. Termination of Lo_ ins: Each Agency System Administrator is responsible for timely removal of any login accounts as Authorized Users leave the Agency, fail to meet the requirements of this Agreement, or are denied access by the Agency System Administrator for any other reason. VI. CONFIDENTIALITY OF INFORMATION a. Information Confidentiality: Information in COPLINK is confidential and is not subject to public disclosure, except as required by law. Only Authorized Users are allowed to view and use the information in COPLINK. The information must otherwise be kept confidential. b. Internal Requests for Information: An Authorized User who receives a request from a non -authorized user for information in COPLINK shall not release that information, but may refer the requestor to the Source Agency. c. Removal or Editing of Records: Agencies shall determine a schedule for record deletion and other edits to COPLINK data. If an Agency requires a record edited, removed or otherwise changed in a more timely manner, they are responsible for contacting the COPLINK maintenance Page 5 of 11 RMS / CMS Information Sharing COPLINK System Use Policy 4/28/2014 contractor (IBM) directly and arranging for such a change to be manually processed. VII. SYSTEM ACCESS a. Network Access: Access to COPLINK will be provided on a private network maintained by a secure network configuration or other such method that is mutually acceptable to the Agencies. b. System Availability: COPLINK shall operate 24 -hours a day, 7 -days a week, with downtime limited to those hours required for any necessary maintenance activities. VIII. AGREEMENT TERMS a. Term: This Agreement will commence on the date that it is executed by the Agencies and shall continue in perpetuity with respect to each agency so long as that Agency remains a COPLINK participant, provided that an Agency's withdrawal shall have no effect on the validity of this Agreement with respect to all other Agencies. . b. Amendments: Any change in the terms of this Agreement, shall be incorporated into this Agreement by a written amendment properly executed and signed by a person authorized to bind the Agencies. c. Supplemental Policies: An Agency may add individual guidelines for its own computers or networks provided that the guidelines do not conflict with the provisions of this Agreement. d. Sanctions for Non -Compliance: Any Agency that violates this Agreement may be disconnected from COPLINK. The offending Agency will be provided with a written notice of the violation and the opportunity to correct the violation within 60 days of such written notice. Failure to remedy the violation within 60 days will result in the termination of COPLINK access for the offending Agency. All disputes concerning access shall be determined by a majority of the ILJAOC Board, with such determination being binding and final. IX. SIGN -OFF ON EXECUTION OF AGREEMENT By executing this Agreement, each Agency acknowledges that it has received a copy of this Agreement and will comply with its terms and conditions. This Agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which Page 6 of 11 RMS / CMS Information Sharing COPLINK System Use Policy 4128/2014 together will constitute one and the same instrument. A complete original will be kept on file with the ILJAOC. For all other purposes, facsimile signatures are acceptable as originals. Page 7 of 11 RMS / CMS Information Sharing COPUNK System Use Policy 4128/2014 Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Page 8 of 11 RMS / CMS Information Sharing COPLINK System Use Policy 4/28/2014 . Signature • y Date Printed Name and Title • Signature • Date Printed Name and Title • Signature ' Date Printed Name and Title Signature Date Printed Name and Title Signature • Date Printed Name and Title Signature Date Printed Name and Title • Signature Date Printed Name and Title • Signature • ' s Date Printed Name and Title Page 9 of 11 RMS / CMS Information Sharing COPLINK System Use Policy F/L 6/L U14 Sig mr,6 ° �/ ��// Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Page 10 of 11 RMS / CMS Information Sharing COPLINK System Use Policy 4/28/2014 Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title Signature Date Printed Name and Title AOpIT' WD ASTO FORM City omey cXM i iz i ►H 6 ft'_� A 0�1� f Leilani I. Brown, City Clerk l 1 — - --- U ORs Page 11 of 11