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
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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
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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.
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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.
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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
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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
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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.
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