19-R-119 Contract onlySTATE OF TEXAS § STRATEGIC POLICING,
§ ENFORCEMENT,
§ ANALYSIS, AND
COUNTY OF BEXAR § REPORTING SYSTEM
This STRATEGIC POLICING, ENFORCEMENT, ANALYSIS, AND REPORTING
SYSTEM REGIONAL RECORDS MANAGEMENT SYSTEM ( RRMS )
COOPERATIVE AGREEMENT ( "Agreement ") is entered into by and between the COUNTY
OF BEXAR, a political subdivision of the State of Texas ( "COUNTY "), and the CITY OF
SCHERTZ POLICE DEPARTMENT ( "AGENCY "). The COUNTY and the AGENCY shall
be referred to singularly as the "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the Parties have developed a mission to partner with area law enforcement
agencies in standardizing crime reporting by creating seamless, consolidated law enforcement
records and a data sharing system through which the law enforcement agencies will be working
together in a spirit of cooperation, trust, dedication, honesty, commitment, and accountability; and
WHEREAS, the Parties recognize the value in pooling their resources to create a uniform
and seamless system which will greatly assist all participating agencies and the general public
through improved data collection and data sharing; and
WHEREAS, COUNTY has contracted with a RRMS manufacturer to purchase, license
and install all necessary software to implement such a consolidated law enforcement records
management system; and
WHEREAS, the RRMS manufacturer offers participating agencies a data collection and
sharing system that can meet the collective and individual needs of each participating law
enforcement agency; and
WHEREAS, this Agreement and all attachments incorporated by reference herein set forth
the scope of the Parties' responsibilities as well as the benefits AGENCY will receive by
participation in the RRMS.
THEREFORE, COUNTY and AGENCY agree to the following:
DEFINITIONS
Terms used in this Agreement —that are not otherwise fully defined in the Agreement —
have the following meanings:
a. SPEARS: A multi jurisdictional electronic law enforcement records management
system hosted by COUNTY with an intended purpose of providing a platform for entering, storing,
and sharing law enforcement incident information regionally.
Page 1 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
b. Bexar County Network: COUNTY's hardware and software components and
computers interconnected by secure communication paths that allow sharing of resources and
information.
C. Computer Aided Dispatch System (CAD): Highly specialized telecommunications
and geographic technology that supports public safety emergency response operations.
d. Data: Any record produced by COUNTY, AGENCY, or Member Agency which
is converted, digitally created, collected, and/or stored on the RRMS.
e. Data Entry Standards: RRMS user guide and help documents provided by
COUNTY describing data entry standards and procedures for the RRMS.
f. Level of Authority: Level of access that a user within AGENCY or a Member
Agency has to RRMS data.
g. Local Information System Coordinator (Local ISC): An AGENCY or Member
Agency employee responsible for coordinating with the Project Manager for RRMS
implementation, training, and on -going support.
h. Microsoft Azure Government (MAG) Cloud: A complete cloud platform designed
specifically for U.S. Federal, State, and Local Governments providing cost savings opportunities,
rigorous security and compliance — including FedRAMP, HIPAA, and CJIS - capable features —
and the flexibility to run in government, public, or private clouds with an integrated open platform
from one provider.
i. Member Agencies: Other law enforcement agencies entering a RRMS agreement
with COUNTY.
j. Project Manager: Person designated by COUNTY charged with planning and
coordinating the implementation and ongoing support of the RRMS to be created under this
Agreement.
k. Regional Records Management System (RRMS): A collaborative system and
related work processes for collecting, storing, and sharing public safety data, including law
enforcement records, municipal and justice of the peace court operations, and CAD operations of
the party to this Agreement and Member Agencies entering into RRMS agreements. All RRMS
data will be stored, maintained, and backed up by COUNTY on redundant servers in the MAG
cloud.
1. Shared Technology Service (Shared Service): A technology service or function that
is provided by one organization, COUNTY, for consumption by AGENCY and Member Agencies
through the terms of this Agreement or other RRMS agreement.
ARTICLE I
PITRPngR
Page 2 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
1.01 The purpose of this Agreement is to form an Interlocal Agreement under § 791.011, Texas
Government Code, to participate in a Regional Records Management System.
1.02 COUNTY will provide an infrastructure framework to AGENCY to access the Bexar
County Network for purposes of accessing RRMS. COUNTY will allow access to the
Bexar County Network using mobile data applications, through the use of secured web
portals, and/or through some other acceptable means of secured connection.
1.03 RRMS will enhance regional public safety investigative and field operations by facilitating
the sharing of law enforcement information in an effort to increase the effectiveness and
efficiency of all users and, as a result, make our communities safer.
1.04 The Parties recognize that this Agreement will be a model for providing public safety and
criminal justice Shared Services to additional law enforcement agencies in the region and,
therefore, believe that it is critically important to establish a user fee model that is scalable
for all local governments.
ARTICLE II
TERM AND AUTOMATIC RENEWAL
2.01 The term of this Agreement shall commence on the date of approval of the governing body
of the last signatory party to this Agreement and shall continue for a period of five years.
This Agreement will automatically renew for three additional five -year terms subject to the
termination and withdrawal provisions set out in this Agreement.
2.02 This Agreement shall terminate in the event sufficient funds are not appropriated by the
Bexar County Commissioners Court to meet COUNTY's fiscal obligations herein, or if
sufficient funds are not appropriated by AGENCY's governing body during any fiscal year.
In such event, each Party agrees to give the other Parry sixty (60) days written notice prior
to such termination.
ARTICLE III
DESIGNATED REPRESENTATIVES
3.01 No new or separate legal or administrative entity is created to administer the provisions of
this agreement.
3.02 COUNTY hereby appoints the Project Manager to supervise the performance of this
Agreement.
3.03 AGENCY hereby appoints the Schertz IT Director, or his designee, as its designated
representative with regard to this Agreement. The Schertz IT Director, or his designee,
shall be the primary point of contact for AGENCY.
ARTICLE IV
COUNTY S DUTIES AND RESPONSIBILITIES
Page 3 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
4.01 COUNTY will purchase, own, implement, and operate the Shared Service on the Bexar
County Network including:
a. HOST SERVER. COUNTY shall provide the production environment with
adequate storage, processing capability, high server availability, and data integrity
for the RRMS. COUNTY shall provide data redundancy. The production and the
backup(s) being used to store data for the RRMS will be located in secure, separate
geographical locations.
b. CLIENT SOFTWARE. COUNTY shall provide the latest stable version of the
RRMS client software either as an installer package for local installation by
AGENCY or through the MAG Remote Desktop Web Portal for an AGENCY
workstation capable of and requiring access to RRMS.
C. COMMUNICATIONS LINK. COUNTY shall provide their end point of presence
for a communications link that provides adequate bandwidth, security, and
reliability to be used as the primary link between the Parties.
4.02 PROJECT MANAGEMENT. COUNTY Project Manager shall coordinate with AGENCY
Local ISC to manage the project, as well as provide actual services for all aspects of
implementing the RRMS with AGENCY. This includes installation, implementation,
start-up, training, and coordinating with the RRMS manufacturer, outside vendors, or
subcontractors hired by COUNTY for purposes of creating and running AGENCY's
domain on the Shared Service. COUNTY will not migrate or convert existing data for use
in the RRMS. Further, it is expected that the Project Manager for AGENCY will be given
administrative access rights to AGENCY's domain on the Shared Service.
4.03 MAINTENANCE AND SUPPORT. COUNTY will provide the following maintenance
and support of the Shared Service:
a. MAINTENANCE. COUNTY shall:
i. maintain all computer infrastructure under COUNTY's control associated
with the RRMS, including performing routine maintenance procedures as
needed.
ii. perform back -ups of all RRMS data not less frequently than one time per
day.
iii. maintain all software licenses, maintenance contracts, and support contracts
associated with the RRMS.
b. TECHNICAL SUPPORT TO AGENCY. COUNTY agrees to provide basic
technical support to AGENCY related to connectivity and the RRMS software.
COUNTY will provide support and respond to all problems as soon as is
practicable, if the problems are properly reported according to these procedures:
i. SUPPORT PROCEDURES:
1. Level 1 Support — all issues related to RRMS shall first be reported
to the Local ISC at AGENCY, who shall resolve problems with all
local hardware, software and network issues or utilize AGENCY's
Page 4 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
own support services for local hardware or software problems
unrelated to the RRMS.
2. Level 2 Support — if the Local ISC cannot resolve a technical issue
related to RRMS, the problem may be reported to COUNTY.
4.04 TRAINING.
a. COUNTY will provide an online RRMS training repository for AGENCY's use in
training its own personnel. COUNTY will also provide initial RRMS training in a
form and manner agreed upon by COUNTY and AGENCY. COUNTY will
actively participate in helping AGENCY identify data quality issues and provide
recommendations for resolution of those problems if they arise.
b. COUNTY will train the Local ISC to identify and respond to connectivity and R.MS
application support issues, and to properly use the support levels described in the
section above. Additional support procedures and details such as phone numbers
shall be provided to each agency by the Project Manager at the appropriate stage of
implementation.
4.05 COUNTY shall fulfill its Texas Crime Information Center/National Crime Information
Center (TCIC/NCIC) responsibilities pursuant to the Terminal Agency Agreement and the
Non - Satellite Based Computing Device Agreement executed between AGENCY and
COUNTY. For Texas Department of Public Safety and CJIS Security reasons, the Bexar
County Sheriff's Office (BCSO) will be designated as the hosting agency.
4.06 COUNTY makes no representation as to the availability of the Shared Service system
through the Bexar County Network. The Bexar County Network or Shared Service system
may not be operative at all times due to technical issues, routine maintenance, power
outages, implementation of components, etc. In addition, COUNTY makes no
representation as to the accuracy of the data accessed through the Shared Service or the
omission of data from the Network. COUNTY shall not be liable to AGENCY for any
claims, damages, or attorney's fees arising from either the inability of AGENCY to access
the Shared Service through the Bexar County Network or AGENCY's reliance on
inaccurate or omitted data on the Bexar County Network.
4.07 COUNTY may, at its discretion, choose to implement this Agreement with the assistance
of outside vendors or contractors using the required bidding and contracting methods
required by law or policy of the State of Texas and the County of Bexar. COUNTY shall
arrange for products and services from the vendor below, or other vendors who in
COUNTY's opinion provide equivalent services, and fulfill its obligations under this
paragraph using whatever lawful means it deems necessary and suitable. The Parties
acknowledge that COUNTY cannot guarantee the participation of the vendor and by listing
it herein, the Parties do not intend to bind the vendor as a third party to the Agreement:
a. Niche Systems, Inc. owns, licenses, and distributes the records management
software.
ARTICLE V
AGENCY S DUTIES AND RESPONSIBILITIES
Page 5 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
5.01 HARDWARE. AGENCY shall acquire and administer all end -user equipment, hardware,
supporting software, and support services for networking with the Shared Service, required
by the application. Prior to the execution of this Agreement by the Parties, AGENCY must
identify and COUNTY must approve, as satisfactory, the hardware, supporting software,
equipment, and operating system AGENCY will be utilizing in order to participate in the
Shared Service.
5.02 AGENCY shall comply with the Terms of Use of Bexar County Information and Electronic
Systems contained in Exhibit A.
5.03 COMMUNICATIONS LINK. AGENCY shall provide their end point of presence for a
communications link that provides adequate bandwidth, security, and reliability to be used
as the primary link between the Parties.
5.04 LOCAL INFORMATION SYSTEMS COORDINATOR (ISC). AGENCY shall designate
a primary and secondary ISC and notify the Project Manager within thirty (30) days of
signing this Agreement. Notice shall include name, title or rank if appropriate, phone,
email address, and normal work hours.
5.05 BUSINESS PROCESS COORDINATOR. AGENCY shall designate a single point of
contact (can be Local ISC) that will act as the direct AGENCY contact for ongoing business
related issues and questions.
5.06 MAINTENANCE. Maintenance of all end -user hardware, supporting software, and
equipment is the responsibility of AGENCY.
5.07 TECHNICAL SUPPORT. AGENCY shall make the appropriate staff available after being
notified by the Project Manager of the dates scheduled for any task or function that must
be provided on -site at AGENCY to implement RRMS. AGENCY shall handle technical
problems at the local level including local connectivity issues, report unresolved problems
according to Article IV above, and follow all instructions given by the technical support
service provider. All support, maintenance, and change requests shall be prioritized within
COUNTY and acted upon based on their priority level. Should AGENCY feel the priority
for a specific project be changed, that request should be routed through the Project
Manager.
5.08 DATA ENTRY. AGENCY shall ensure that all data entered onto the RMS shall adhere to
the provided Data Entry Standards.
5.09 SECURITY BREACHES. AGENCY shall promptly report any suspected security
breaches on the AGENCY network and the Bexar County Cyber Emergency Response
Team via email at BCERT__,_bexar.or;_: or via phone at (210) 335 -0100.
5.10 USER ACCESS. COUNTY shall create a "security profile" for each user, including the
appropriate Level of Authority for access to the RRMS. The Level of Authority for each
user shall be determined by the head of AGENCY and COUNTY. AGENCY shall provide
written notification to the RRMS Administrator, or designee, as soon as possible, but not
Page 6 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
later than 48 hours of a user no longer requiring access to RRMS. In addition, AGENCY
will provide to COUNTY a quarterly list of all current users.
5.11 USAGE. AGENCY shall ensure that all users from AGENCY use RRMS for valid law
enforcement and public safety purposes only. AGENCY shall adhere to all
communications protocols developed by COUNTY. AGENCY shall ensure that all law
enforcement personnel who will access criminal justice information comply with Texas
Law Enforcement Telecommunications System (TLETS), TCIC, and NCIC certification
guidelines.
5.12 RELEASE OF RRMS DATA. COUNTY and AGENCY shall handle requests for release
of records in accordance with Article IX below and as required by law.
ARTICLE VI
COSTS
6.01 INITIAL LICENSE AND SOFTWARE SETUP COSTS. Initial license costs and initial
software setup costs are contained in Exhibit B.
6.02 MAINTENANCE AND SUPPORT COSTS. Required maintenance and support costs are
contained in Exhibit B. AGENCY shall pay COUNTY an annual amount for support,
maintenance, and Microsoft Azure Government (MAG) cloud subscription costs.
6.03 MODIFICATION COSTS. If AGENCY desires to modify a component and the
modification is not needed for the Shared Service to operate, nor is the modification one
that will be used system -wide, AGENCY will pay in full for the modification including all
equipment, hardware, software and professional services. An estimate on the total cost of
the modification shall be given in writing to AGENCY prior to the commencement of
work. The total costs for said changes will be the actual costs to COUNTY for both
employee labor at the employee's labor rate, as well as any outside costs incurred directly
for the modification. Should the cost to COUNTY change, such change shall be forwarded
to AGENCY within thirty (30) days. No modification shall be made to an application
licensed to COUNTY by a vendor if modification is prohibited under the software license
agreement between those parties.
6.04 MISCELLANEOUS COSTS.
a. If the operation of the RRMS requires the purchase of additional hardware, or
upgrades to support the Shared Service, AGENCY will be included in discussions
about the need for such and given adequate notice to prepare. Costs will be paid
by AGENCY.
b. In the event of additional costs being incurred by COUNTY in reference to
licensing held by AGENCY, the cost shall be passed on at their original billed
values.
6.05 BILLING PROCEDURES. The billing procedures shall be as follows:
a. COST SCHEDULE
1. AGENCY agrees to provide COUNTY with an accurate count of full -time
sworn officers and part -time sworn officers on an ongoing basis.
Page 7 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
2. COUNTY will notify AGENCY no later than June 1" of any projected
adjustment to its costs.
3. If any portion of the projected adjustment is disputed, AGENCY will notify
COUNTY in writing of the disputed amounts within ten (10) business days
after receipt of the projected adjustment. Failure to provide the foregoing
notice will result in the presumption that the projected adjustment is correct.
b. INVOICE AND PAYMENT. COUNTY shall invoice AGENCY no later than
November 30 for the period beginning October 1 of that same year through
September 31 of the next year.
6.06 AGENCY must make the payments for the services it receives under this Agreement from
current revenues available to AGENCY.
6.07 OUTSIDE FUNDING. If either COUNTY or AGENCY utilizes Federal funds, grant
funds, or bond funds to meet a portion of its financial commitment under this Agreement,
the Parties agree to conduct all procurements, maintain all records, and otherwise conduct
their activities in furtherance of this Agreement so as to comply with all applicable statutes,
regulations, policies, and grant contract provisions necessary to qualify the Shared Services
expenditures contemplated herein for Federal and/or grant program reimbursement and to
avoid arbitrage penalties. Grant funding must include the cost of reporting compliance, or
AGENCY shall reimburse the cost of reporting compliance to COUNTY. The party
receiving Federal funds, grants funds, or bond funds will be required to advise the other
party of any unusual statutes, regulations, or policies that must be followed in order to
avoid a violation of the funding provisions. Further, the Parties agree to cooperate with
each other in the application for, and administration of, Federal funds, grant funds, or bond
funds in order to maximize funding participation in the operation and maintenance of the
Shared Service. If a Party plans to utilize Federal funds, grant funds, or bond funds to meet
a portion of its annual financial commitment, the Party receiving the funds shall notify the
other Party of the term during which the funds will be obligated to the Shared Service.
ARTICLE VII
DEFAULT AND REMEDIES
7.01 If AGENCY fails to pay COUNTY issued invoices as provided for in this Agreement
or fails in the performance of any other of its obligations under this Agreement,
COUNTY may, at its sole option, provide written notice of the default and allow
AGENCY thirty (30) days to cure the default. If AGENCY cures the default within the
thirty (30) day period, this Agreement shall remain in full force and effect. If AGENCY
fails to cure the default within such thirty (30) day period, or advises COUNTY that it
elects not to cure the default, COUNTY may elect to terminate this Agreement and shall
give AGENCY written notice of the date of termination and AGENCY's access to the
Shared Service. The remedies contained in this paragraph shall be cumulative of, and in
addition to, all other rights and remedies that are available to COUNTY under this
Agreement, by operation of law, or otherwise.
7.02 If COUNTY fails in its performance of its obligations under this Agreement, AGENCY
may, at its option, provide written notice of the default and allow COUNTY thirty (30) days
to cure the default. If COUNTY cures the default within such thirty (30) day period, this
Page 8 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
Agreement shall remain in full force and effect. If COUNTY fails to cure the default or
breach within such thirty (30) day period, or advises AGENCY that it elects not to cure the
default, AGENCY may elect to terminate this Agreement and shall give COUNTY written
notice of the date of termination. AGENCY may pursue all rights and remedies available
to AGENCY under this Agreement, by operation of law, or otherwise.
7.03 Upon termination of this Agreement under Article VII, neither party will have further
obligations to the other except for: (1) payment of any outstanding invoices at the time of
termination; (2) any liability for breach of this Agreement occurring prior to termination;
and (3) performing an obligation under this Agreement created by a provision which
expressly survives termination of the Agreement.
7.04 No failure to exercise, and no delay in exercising, any right, power, or remedy hereunder
by either party shall operate as a waiver thereof, nor shall any single or partial exercise of
any right, power, or remedy preclude any other or further exercise thereof or the exercise
.of any other right, power, or remedy. No express waiver shall affect any event or default
other than the event or default specified in the waiver, and any such waiver, to be effective,
must be in writing and shall be operative only for the time and to the extent expressly
provided by the party making the waiver. A waiver of any term or condition contained
herein shall not be construed as a waiver of any subsequent breach of the same term or
condition.
ARTICLE VIII
WITHDRAWAL OF PARTICIPATION IN SHARED SERVICE BY AGENCY OR
TERMINATION OF SHARED SERVICE BY BEXAR COUNTY
8.01 AGENCY may withdraw its participation in the Agreement and the Shared Service during
any year by providing written notice to COUNTY not later than ninety (90) days prior to
September 30th of the current year. AGENCY's withdrawal shall become effective on
September 30th of that year.
1. If AGENCY withdraws its participation in the Shared Service, all rights it may have
to utilize the Shared Service will terminate on September 30th of the current year.
In addition, AGENCY shall forfeit all access to COUNTY'S and the Member
Agencies' Data on the Shared Service.
2. Costs shall not be refunded to AGENCY if AGENCY withdraws prior to the end
of the fiscal year.
3. If AGENCY requests a complete extraction of Data owned by AGENCY, upon
termination, AGENCY will be required to pay all costs associated with the
extraction.
8.02 COUNTY may elect, at its sole discretion, to terminate its provision of the Shared Service,
and such termination shall not constitute a breach of this Agreement. Unless there are
circumstances which make an earlier termination advisable for COUNTY, COUNTY shall
give AGENCY written notice of the termination a minimum of one hundred eighty (180)
days prior to September 30th of the current year.
ARTICLE IX
Page 9 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
OWNERSHIP OF DATA AND PUBLIC INFORMATION ACT REQUESTS
9.01 Because the Data contained in RRMS is of a highly sensitive nature, protected by laws,
regulations, and policies from many forms of disclosure, and owned by each contributing
Member Agency, access to and use of RRMS and the Data therein carries with it a
significant burden of responsibility for each user and user agency.
9.02 Data contributed to the RRMS is exposed to and viewable by the Parties and Member
Agencies unless the owner takes the steps necessary to hide the Data through the setting of
access control lists. Parties and Member Agencies understand that their Data is intended
to be shared and that the sharing of that Data is fundamental to the purposes of a regional
record management system and is the basis for the system's power as a tool to make our
communities safer and more secure.
9.03 Since RRMS involves the shared storage of Data and the shared access to Data of
AGENCY, it is agreed that Data remains the property of COUNTY, AGENCY, or Member
Agency that created or granted access to the Data. AGENCY further acknowledges and
agrees that the Data available through the Shared Service shall be used solely for valid law
enforcement purposes, and shall not be disclosed, sold, assigned, leased or otherwise
provided to third parties.
9.04 Each Party is responsible for responding to Public Information Act requests under Chapter
552, Texas Government Code, relating to Data owned by each Party which is contained in
RRMS. If a request is made to AGENCY for access or release of Data of COUNTY or
Member Agency, AGENCY shall direct the requestor to COUNTY or the Member Agency
that created or granted access to that Data.
ARTICLE X
LIMITATION AND LIABILITIES
10.01 COUNTY shall not be liable for any claims, damages, or attorney's fees arising from
negligent or wrongful acts of employees of AGENCY. In no event shall COUNTY be
liable to AGENCY for incidental, consequential, indirect, or punitive damages arising from
any act or inaction by COUNTY or its employees.
10.02 It is expressly understood and agreed that in the execution of this Agreement, neither Party
waives, nor shall be deemed to have waived, any immunity or defense otherwise available
to it against any claims arising out of the exercise of governmental powers and functions.
10.03 Nothing in this Agreement, express or implied, is intended to confer upon any person or
entity, other than the Parties hereto, any benefits, rights, or remedies under or by reason of
this Agreement.
ARTICLE XI
NOTICES
11.01 All notices provided to be given under this Agreement shall be in writing and shall either
be personally served against a written receipt therefore or given by certified mail or
Page 10 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
registered mail, return receipt requested, postage prepaid and addressed to the proper Party
at the address which appears below, or at such other address as the Parties may hereafter
designate. All notices given by mail shall be deemed to have been given at the time of
deposit in the United States mail and shall be effective from such date.
If to AGENCY: City Manager
City of Schertz
1400 Schertz Parkway
Schertz, TX 78154
With a copy to: City IT Director
City of Schertz
1400 Schertz Parkway
Schertz, TX 78154
Chief of Police
City of Schertz Police Department
1400 Schertz Parkway
Schertz, TX 78154
If to Bexar County: Bexar County Judge
Bexar County Commissioners Court
Paul Elizondo Tower
101 W. Nueva St., Suite 1000
San Antonio, Texas 78205
With copies to: Chief Information Officer
Bexar County Information Technology Department
203 W. Nueva, Suite 200
San Antonio, Texas 78207
Bexar County Sheriff's Office
200 North Comal
San Antonio, Texas 78207
ARTICLE XII
DELEGATION AND ASSIGNMENT
12.01 Neither Party may delegate the performance of any contractual obligation to a third party,
unless mutually agreed in writing. A Party to this Agreement may not assign its rights,
privileges and obligations under this Agreement in whole, or in part, without the prior
written consent of the other party. Any attempt to assign without such approval shall be
void.
ARTICLE XIII
AMENDMENT
Page 11 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
13.01 No amendment, modification or alteration of the terms hereof shall be binding unless the
same be in writing, dated subsequent to the date of commencement of this Agreement, and
be duly approved by the governing bodies of the Parties.
ARTICLE XIV
TEXAS LAW TO APPLY
14.01 This Agreement shall be construed under and in accordance with the laws of the State of
Texas and all obligations of the Parties created hereunder are performable in Bexar County,
Texas.
ARTICLE XV
SEVERABILITY
15.01 In case any one or more of the provisions contained in this Agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalid, illegal, or
unenforceable provisions shall not affect any other provision hereof and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained herein.
ARTICLE XVI
COMPLIANCE WITH LAWS AND ORDINANCES
16.01 The Parties shall comply with all federal, state, and local laws and ordinances in connection
with the work and services performed under this Agreement.
ARTICLE XVII
FORCE MAJEURE
17.01 A Parry to this Agreement shall not be responsible for delays or lack of performance by the
Party, or its officials, agents or employees which result from acts beyond that Party's
reasonable control including acts of God, strikes or other labor disturbances, or delays by
federal or state officials in issuing necessary regulatory approvals and/or licenses or acts
or failures to act by other entities. In the event of any delay or failure excused by this
section, the time of delivery or of performance shall be extended for a reasonable time
period to compensate for delay.
ARTICLE XVIII
ENTIRE AGREEMENT
18.01 This Agreement, including the exhibits, constitutes the entire agreement of the Parties
regarding the subject matter of this Agreement and supersedes all previous agreements and
understandings, whether written or oral, relating to such subject matter.
ARTICLE XIX
AUTHORITY
Page 12 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
19.01 Each Party represents that it has the authority to enter into the Agreement and that all
necessary procedures have been followed to secure authorization to enter into this
Agreement from the party's respective governing body. Each person signing the
Agreement represents and warrants that they have been duly authorized to do so.
ARTICLE XX
MULTIPLE COUNTERPARTS
20.01 This Agreement may be executed in separate identical counterparts by the Parties hereto
and each counterpart, when so executed and delivered, will constitute an original
instrument, and all such separate identical counterparts will constitute but one and the same
instrument.
EXECUTED IN DUPLICATE, EACH OF WHICH SHALL HAVE THE FULL FORCE AND
EFFECT OF AN ORIGINAL, this the day of 22019.
COUNTY OF BEXAR AGENCY
By: By:
NELSON W. WOLFF Mr.
Bexar County Judge Ma.
APPROVED AS TO LEGAL FORM:
SUE JANA
Assistant District Attorney - Civil Section
APPROVED AS TO FINANCIAL
CONTENT:
SUSAN YEATTS
Bexar County Auditor
DAVID SMITH
Bexar County Manager
Page 13 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
EXHIBIT A
Terms of Use of Bexar County Information and Electronic S4 stems
Access Rights. COUNTY grants to AGENCY a limited, nontransferable, nonexclusive,
revocable (at COUNTY's discretion) right to access the COUNTY Systems electronically
solely during the term of this Agreement and solely to the extent authorized in writing by
COUNTY in support of work to be performed by AGENCY pursuant to the Agreement.
Without limiting the foregoing, AGENCY hereby warrants that AGENCY and AGENCY
personnel shall not (i) introduce any malware into COUNTY Systems (whether through a
laptop computer or other access device or otherwise); (ii) use the COUNTY Systems for
nonbusiness purposes including, without limitation, Unauthorized Use; and/or (iii) take
actions calculated to disrupt COUNTY Systems.
2. Privacy and Right to Monitor. AGENCY and AGENCY personnel understand and
consent as follows: AGENCY and AGENCY Personnel have no reasonable expectation of
privacy in any communications or data, personal or otherwise, transiting or stored on
COUNTY Systems; any communications or data transiting or stored on COUNTY Systems
may be monitored, intercepted, recorded, and searched at any time and for any lawful
purpose, and may be used or disclosed for any lawful purpose.
3. Electronic Access Requirements. AGENCY may request electronic access for AGENCY
personnel on a "need to know" basis. When electronic access is provided to AGENCY,
these Section 3 terms apply:
a. Accounts & Access Controls: Prior to obtaining electronic access, authorized
AGENCY personnel will be required to obtain from COUNTY an electronic access
account per individual, including access controls. COUNTY reserves the right,
without notice and in its sole discretion, to terminate and/or block the access of any
individual or entity to the COUNTY Systems. AGENCY acknowledges that the
access controls are for specific individual use of AGENCY personnel only, are not
transferable, and shall be maintained in confidence by AGENCY. AGENCY shall:
i. ensure that all AGENCY personnel review and agree to abide by the terms
of the Agreement including this Terms of Use of Bexar County Electronic
Systems Supplement, prior to being granted electronic access;
ii. assign a single focal (Local ISC) to initiate requests for electronic access for
AGENCY personnel, coordinate security briefings, maintain records of
AGENCY personnel granted electronic access, available for validation
upon request of COUNTY, and coordinate with COUNTY regarding actual
or potential security breaches;
iii. prevent the loss, disclosure, reverse engineering, sharing with unauthorized
AGENCY personnel or compromise of access controls; and
iv. be responsible for the acts and omissions of all AGENCY personnel with
respect to their electronic access;
v. immediately notify COUNTY if AGENCY believes that any access control
has been compromised;
vi. review at least every three (3) months each AGENCY personnel's electronic
access requirements;
Page 14 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
vii. promptly submit a written request to COUNTY upon the reassignment,
resignation, or termination of any AGENCY personnel with electronic
access, to terminate such electronic access; and
viii. Immediately submit a written notice of name and account to COUNTY for
any AGENCY personnel who has electronic access to COUNTY Systems
is terminated for cause by reason of misappropriation of COUNTY data, or
unauthorized access to or use of COUNTY systems, or similar reason.
b. AGENCY System Protection: Prior to connecting to COUNTY's internal network,
AGENCY shall take reasonable steps to protect the confidentiality, integrity and
availability of COUNTY Systems and information by implementing and
maintaining effective controls on all AGENCY equipment used to connect to
COUNTY Systems including, without limitation:
i. Patched and current operating systems and applications — AGENCY shall
subscribe to and apply the vendor's updates;
ii. Anti - malware — AGENCY devices shall have up -to -date anti -virus
protection running with the latest signature files;
iii. Software Firewall — AGENCY shall use an up -to -date version of a software
firewall configured to limit ports /protocols to only those necessary (such
software firewalls are required even when a local hardware firewall or
enterprise firewall is used);
iv. Access Controls — AGENCY shall use an account /password or token/PIN
to access or unlock computing devices; and
v. Encryption - Whole disk or file /folder encryption shall be used to protect
Materials that are being stored locally on AGENCY's mobile devices.
4. AGENCY Security Controls. AGENCY shall implement and maintain reasonable
controls to prevent any Unauthorized Use, Security Breaches, or loss of Materials. Without
limiting the foregoing, AGENCY shall:
a. have implemented for AGENCY Systems a policy that adopts Information Security
Management principles in accordance with ISO/IEC 27001:2013 or NIST 800 -53;
b. implement and maintain security controls no less comprehensive than either of the
latest two versions of the CIS Controls for Effective Cyber Defense as found at
ht.1_ns: / /www.cisecurit .00r-, /controls /; and
c. provide AGENCY Personnel with current and relevant security education with
respect to their obligations hereunder.
5. Information Security Assessment.
a. Within thirty (30) days of the effective date of the Agreement, AGENCY shall (i)
contact Bexar County Information Technology Security at
ctibersecurit� < bexar.or�, to initiate an onboarding security assessment.
b. AGENCY grants COUNTY, and its authorized representatives, permission to view
all books, reports, records, procedures, and information related to or about
AGENCY Systems, at any time during the term of the Agreement and with
reasonable advance notice, in order to assess AGENCY's compliance with this
Exhibit, including AGENCY's implementation and maintenance of security
controls no less comprehensive than the either of the latest two versions of the CIS
Controls for Effective Cyber Defense as found at
https://www.cisecurity.org/controls/.
Page 15 of 17
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
c. If (i) COUNTY determines in connection with any Assessment that a material
vulnerability exists in AGENCY Facilities or AGENCY Systems or that AGENCY
has otherwise failed to perform any of its obligations under this Exhibit; and (ii)
COUNTY notifies AGENCY in writing of such vulnerability or AGENCY's
breach of this Exhibit, then AGENCY shall promptly develop a corrective action
plan. Any such corrective action plan shall be created in cooperation with
COUNTY and is subject to COUNTY's written approval. AGENCY shall
implement the corrective action plan at its sole expense.
6. Prohibited Use. AGENCY shall not, unless authorized in writing by COUNTY:
a. export or save any Materials from the COUNTY Systems except in support of the
work to be performed under this Agreement;
b. make any derivative uses of the COUNTY Systems or the Materials except in
support of the work to be performed under this Agreement;
c. in any manner transfer any computing application or COUNTY Materials to an
external system;
d. use any data mining, robots, or similar data gathering and extraction methods;
e. use any frame or framing techniques to enclose any Materials found on the
COUNTY Systems;
f. through reverse engineering, decompiling, or disassembling any portion of the
Access Controls, access or attempt to access any unauthorized Materials or
restricted portions of the COUNTY Systems, or remove any restrictive markings;
or
g. access the COUNTY Systems through any mechanism other. than the authorized
Access Controls.
Page 16 of 17
SERVICE
DESCRIPTION
Full Time Officer
License
SPEARS RRMS INTERLOCAL SERVICES AGREEMENT
ONE -TIME
COST(S)
WAIVED
Part Time Officer WAIVED
License
Azure Hosting Fees —
Per Officer License*
Azure Storage Fees*
Implementation Fees
N/A
N/A
N/A
EXHIBIT B
Costs
RECURRING
BILLING
COST(S)
FREQUENCY
QUANTITY
$280.00
Annually
55
$140.00
Annually
0 —
$180.00
Annually
55
Actual
Annually
TBD
_
$48.00 / Hour
90 Days
TBD
Post Go -Live
ADJUSTED
COST
$15,400.00
$0.00
$0.00
$0.00
W-M
Maintenance /Suppor
_ t Fees N/A $48.00 /Hour, Annually � TBD TBD
TOTAL $15,400.00
*Azure Hosting Fees will not begin until the FY20 -21 Fiscal Year beginning October 1, 2020.
* *Azure Storage Fees will be based on actual consumption, and billed annually in arrears
beginning October 1, 2020.
Page 17 of 17
RESOLUTION NO. 19 -R -119
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT
WITH THE COUNTY OF BEXAR, TEXAS, FOR THE PURPOSE OF A
REGIONAL RECORDS MANAGEMENT SYSTEM AND OTHER
MATTERS IN CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an interlocal agreement with the County of Bexar, Texas (County) relating to the
creation of a Regional Records Management System; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
contract with Bexar County pursuant to the Interlocal Agreement attached hereto as Fxhibit A
(the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the Mayor to execute and deliver the
Agreement with City and the County in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
50417899.1
PASSED AND ADOPTED, this 10th day of September, 2019.
CITY OF SCHERTZ, TEXAS
Mayor
ATTEST:
City Secretary
(CITY SEAL)
50417899.1
EXHIBIT A
INTERLOCAL AGREEMENT
50417899.1 A -1