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HomeMy WebLinkAboutCAG2024-415 - Original - Puget Sound Regional Fire Authority - Data Sharing Agreement - 7/31/24 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form DirAsst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (optional) WASHINGTON Sheet forms. (Print on pink or cherry colored paper) Originator: Department: Eric Tung Police Date S Date Required: > 08/30/2024 0 Q Mayor or Designee to Sign. Date of Council Approval: Q Interlocal Agreement Uploaded to Website Budget Account Number: Grant? Yes No[7 N/A Budget? Yes WINo Type: N/A Vendor Name: Category: Puget Sound Regional Fire Authority Interlocal Vendor Number: Sub-Category: 70000 Original 0 Project Name: Puget Sound Fire Data Sharing Agreement o CProject Details: This agreement between Puget Sound Fire and the City of Kent allows Kent PD to access information collected by Puget Sound Fire via their ArcGIS system. c Agreement Amoun17/31/20274 N/A Basis for Selection of Contractor: E *Memo to Mayor must be attached lm Start Date: Termination Date: until a party terminates the agreemefi a Local Business? Yes F]No*If meets requirements per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions"form on Cityspace. Business License Verification: ❑Yes In-ProcessF]Exempt(KCC 5.01.045) FlAuthorized Signer Verified Notice required prior to disclosure? Contract Number: F—]YesFv—(]No CAG2024-415 Comments: a Submitted by Christy Roeber 0 � c in 0 0 40 ., Date Received:City Attorn 8/30/24 Date Routed:Mayor's Office 9/3/24 City Clerk's Office 9/3/24 adccW22373_7_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20221201 DATA SHARING AGREEMENT This Agreement is entered into between THE PUGET SOUND REGIONAL FIRE AUTHORITY (Data Provider), a municipal corporation, hereafter referred to as"PUGET SOUND FIRE", and the CITY OF KENT(Data Recipient),a municipal corporation, hereafter referred to as"KPD." 1. Purpose.The purpose of this Agreement is to facilitate the sharing of data between PUGET SOUND FIRE and KPD for the following purposes: 1.1 To facilitate KPD and its officers to view multi-family and commercial site information collected by PUGET SOUND FIRE,otherwise known as PUGET SOUND FIRE's PreFire Plans system,within an ArcGIS web map; 1.2 Viewing can be conducted in an office on a desktop,or in the field on a mobile device; 1.3 Viewing can be conducted for response operations pre-, during-or post-incident; 1.4 Web map can be streamed into KPD's internal mapping system(s) as accessible by ArcGIS Online and KPD's ArcGIS Online users. 2. Data Description.The data to be shared under this Agreement includes: 2.1 Data and the shared ArcGIS Online web map is accessible to KPD and its members via an ArcGIS Online Group between PUGET SOUND FIRE and KPD. 2.1.1 KPD and its administrators control which ArcGIS Online users can access the group, and therefore who can access the content within the group. 2.1.2 PUGET SOUND FIRE controls what data is shared within the group. 2.2 Data provided as part of this agreement and contained in the shared ArcGIS Online web map include the following ArcGIS Online Feature Layers: 2.2.1 Building/Unit/Warning Label; 2:2.2 PSF Site Plans; 2.2.3 PSFOccupancies; 2.2.4 General Alert; 2.2.5 PSF Hazardous Tier 2 Sites; 2.2.6 Hazards; 2.2.7 Outdoor Access; 2.2.8 Key Boxes; 2.2.9 Building Access; 2.2.10 Utility Shutoff; 2.2.11 Alarm Control Panels; 2.2.12 Fire Suppression Systems; 2.2.13 AED; 2.2.14 Lake Posts and Docks; 2.2.15 Hydrants Zone 3; 2.2.16 PSF PreFire Properties; 2.3 PUGET SOUND FIRE provides these geographic and attribute data "as is." 2.3.1 The geographic and attribute data may frequently change or update. 2.3.2 PUGET SOUND FIRE makes no guarantee or warranty concerning the accuracy of information contained in the data. 2.3.3 PUGET SOUND FIRE makes no warranties,either expressed or implied as to any other matter whatsoever,including,without limitation,the condition of the product,or its fitness for any particular purpose. 2.3.4 The burden for determining fitness for use lies entirely with the user. 3. Data Usage. KPD agrees to use the data only for the purposes specified in this Agreement and in compliance with all applicable laws and regulations. KPD shall not use the data for any unauthorized purposes. 4. Data Security. KPD agrees to implement appropriate technical and organizational measures to protect the data from unauthorized access, use,disclosure, alteration, or destruction.This includes, but is not limited to,the following measures: 4.1 Adhere to the City of Kent security policies. 4.2 Attend regular IT security training. 4.3 Maintain detailed logs of application access and changes. 4.4 Conduct regular review and analysis of application logs to detect and respond to any suspicious activities. 4.5 Ensure all endpoints that access application are protected with up-to-date antivirus and anti-malware software. 4.6 Implement strong, unique usernames and passwords within application. 4.7 Enforce regular password changes within application. 5. Data Confidentiality. KPD agrees to maintain the confidentiality of the data and not disclose it to any third parties without the prior written consent of PUGET SOUND FIRE,except as required by law. 6. Data Retention and Destruction. KPD agrees to retain the data only for as long as necessary to fulfill the purposes specified in this Agreement.Upon completion of these purposes, KPD agrees to securely destroy the data in accordance with applicable Washington State records retention schedules. 7. Intellectual Property Rights. PUGET SOUND FIRE retains all intellectual property rights to the data. KPD is granted a limited, non-exclusive license to use the data solely for the purposes specified in this Agreement. 8. Term. This Data Sharing Agreement shall be effective on execution by both parties and shall continue until either party shall give to the other 30 days written notice of termination of the Agreement. 9. Indemnification and Hold Harmless. Each party agrees to defend, indemnify, and hold harmless the other party and each of its employees, officials, agents, and volunteers from any and all losses, claims, liabilities, lawsuits, or legal judgments arising out of any negligent or willfully tortious actions or inactions by the performing party or any of its employees, officials, agents, or volunteers,while acting within the scope of the duties required by this Agreement.This provision shall survive the expiration of this Agreement. It is further specifically and expressly understood that the indemnification provided herein constitutes each parry's waiver of immunity under industrial insurance, Title 51 RCW, solely to carry out the purposes of this indemnification clause. The parties further acknowledge that they have mutually negotiated this waiver. Neither party to this Agreement shall be deemed to be an agent of the other party. 10. Dispute Resolution. 10.1Prior to any other action,the parties shall meet and attempt to negotiate a resolution to any dispute. 11. Miscellaneous. 11.1Notices.All notices, requests, demands and other communications required by this agreement shall be in writing and, except as expressly provided elsewhere in this agreement,shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre-paid and addressed to the party at its address as stated in this agreement or at such address as any party may designate at any time in writing. 11.2Severability. If any provision of this agreement or its application is held invalid, the remainder of the agreement or the application of the remainder of the agreement shall not be affected. 11.3Modification.This agreement represents the entire agreement between the parties. No change,termination,or attempted waiver of any of the provisions of this agreement shall be binding on either of the parties unless executed in writing by authorized representatives of each of the parties.The agreement shall not be modified, supplemented, or otherwise affected by the course of dealing between the parties. 11.413enefits.This agreement is entered into for the benefit of the parties to this agreement only and shall confer no benefits,direct or implied, on any third persons. 11.5Non-Exclusive Agreement.The parties to this agreement shall not be precluded from entering into similar agreements with other municipal corporations. 11.6Non-Waiver.The failure of either party to insist upon strict performance of the terms of this Agreement shall not impact that parties right to insist upon strict performance at a later time. PUGET SOUND REGIONAL FIRE AUTHORITY CITY OF KENT By: C_ By; Brian Carson, Fire Chief Dana Ralph, Mayor Dated: Jul 24,2024 Dated: D1 31 1201� o . Puget Sound Fire . . contract Review Form Complete this section and email to HxtineLnuaetsoundfire.ora with a PDF of the contract. Date: 7/24/2024 Agreement Name: Data Sharing Agreement Agreement with: City of Kent Police Department Purpose: Sharing Site Plan Data on ArcGIS Originated by: Sean Penwell Already in the budget? No Account/Project Ledger Code: N/A REVIEWED BY : Ju124 Fire Chief Initials: Bc Date: 2024 Comments Finance Director Initials: Date:-��- Jul 24,2024 Comments: Senior Acct Yu on behalf of Director Glass HR Director Initials: Date: Jul 25,2024 Comments Attorney Initials: Date: Jul 25,2024 Comments Please check off and date as completed. Chief's Signature: V Date: 011 Iq 11A Contract signed by other party(ies): V Date: D 3l 2-q Fully Signed Original to Finance: '� Date: L"b 01 24