Portland - User's Agreement and Software License for Law Enforcement PPDS Contributors of the Regional Automated Property Information Database (RAPID) s
AMF]NIDIMENT No. 1
USER'S AGREEMENT
ANDSOFTWARE LICENSIFI FOR
LAW F]NFOR CEME NT CO NITRIBUT C RS
OF THE
REGIONAL AUTOMATED PROPERTY INFORMATION DATABASIE("RAPIIU")
This A mancment is made clffealive c September 11, 2C 116 ("Effbct ve Dale")by and Heim een the Cit}
cf Portland, a municipal conpieratien of 1he State of Oragcn, ar.d iu successors on assigns (}.cineinafter
referred to as "City") arid Tigard Police Department (hereinafter raferrec tc as "'NAMHD USER"),
by and through their d0y authorized nepresenladves.
The purpose of this A menc merit is tc have NAMED USER acvi!ie the City whethar or net they)wish tc
have their Dealer transaction data uplleaced into the National Rapid Systerr (NRS) wFlich is being)
initialed anc managlad by Business Watch lrltetlnat'cnal (BWl) of Regina, Saskatchewan, Canada, the
developer anc iiaenscr eftle RAPID Sclfllwarie.
Auther'ty tc enter inla the Amendment is pirsuant tcl Onegcn Ativisec Statues("ORS") 19(.110.
,
RECITIAL S
WHEREAS, NAKED USER Has premiouslyl executed al RIAPID User's Agmeiment (thci "Original
Agneement")l Effeative Date of:my 1,20 i14)with the City; anc
WHEREAS, NAMED USER underslancs that said User's Agreement will ba amended by This
Amclndment tc the Uscr's Agreement previously execiutec wish thea Cityl;and
WHEREAS, NAMHD USIER cesires to express thein Acceptarce cr Aefusal to ba a Contributor io tPla
NRISI and to access and use N RIS asl set forth herein;anc
WHHRJEASI, the City and NAMED USER desinc tc eaten into this Amenement and being fu11yl
advtised;
NOW THEREFORE, IN CON SI:DERAITIION cfthe l mutual promises and camenants contained Herein,
it is agreed as follows:
11.0 Definitions
"NRS" means the Nalional RABID System, the cocpetiaitive effort of national law enforcement
aglanciels, initiated and manag,ad by BW1I, Ie cclleat and share data c pawn, secondhand anc metal
recycler coalet trarisaclicris as cclleclled by systems using)the BWI software cn a national level. NRS
mayl also nefer tc the Web-based inform aticn system that aacessas the database.
2.0 SCIftmAre License and Maintenance
2.1 if NAMED LISIERI chooses to participlate in tie NRSI, upon exeaution of this Amendrrlent
NAMED USHRI is designated a Usan in the NRS Calntrillutur classification.
RAPID L sari Agreemer_t Page 1 of12 Tigard Police Departmc rill
Liars Enforce rr ent CCNTRIBUTOR Approved by Citi Atilorney,July 2015
AIT er dment No. I for NRS
3.0 Acceptance
3.1 If acceptance N narked in ti•e signatum block, NAMED LSERI will allc'A the data entered
into RAPID by NAMED USER cr the Deialens in NAMED LIS ER's jurisdiction to be urllcaded into
NRS.
3.2 NAMED USER may provide the nerve! of oertairi NAMED I ',FF.R's aurrenl RAPID Ulseirs,
who will be given NRS acres,, by email to BWI at helpdesk(a�nwrapid.com.
3.3 User accounts and access to NRS wit be frcvided at nc aoA to NAMED USERI by E WL
4.0 Non-aiaceptance
4.1 If Non-acceiptence is markeid :in the <ignature bloak NAMED LSER will rat allow the data
enteirec into RAPID by NAMED USER or the Dealers ir. NAMED USER's jurisdiction to be
uploaded into NRS.
4.2 if NAMED USIER ahooses not to have data freim RAPID ufloaccd in:lo NR51, NAMED USHR
can still access NRS. User auccur.ls ant access to NRS can be promided for a fec as cetetimined by
and payablla to BWI.
4.3 Under this fee arrangement, NAMED USER can provide the narries of ciertain NAMED
LSIEFT'i current RAPID Llscrs dy email to BWI at helpdesk@,nwrapid.com.nwrapid.com. Those RATID Usens wi l
be gliver access to NRIS by BWI.
IN WI`1NESISI WHEREOF,the FKiries hereto have caused this Amendment lo be executed.
Please none ycur acceptance cir non-acceptance toi authorize your Ehaler dala to ba uploaced tc NRS
by placing an X in the spauc before ycur choice.
ACCEPTANCE NON-ACCEPTANCE
CI1IIN1 OF NORTIJAND TIGARD POLICE DEPART INIFINT
(Nj�MED USE
Chief HrcauneirrentCffice Date Au'I:horize rgnature T Date
Christine Moody Robert Rogers,Chief of Police _
Primed Name Printer Name and Title
Ap,rrcved asi to Fc nm Address: 13125 SW Hal) Blvd
Tigard,OR 9722)
Phonei: 3041£I-2541 _
O tc o ity Attorney Daf6—'
Email: Wcbert.Rlciger<.i@tigard-or.gcv
RAPID Usmr A glreement Page J of 121 Tigard Faliee Department
Law Enforcers ent CCNTRIBUIICR Approved by City Attorney,July 20 `'I
Amendment No. I fon NRS
USIFH'S AGREEMENT
AND SOFTWARE LICENSE FIOR
LAW'ENFORCEMENT PPDS CONTRIBUTORS
OF THE
REIGICNAL AUTOMATED PIROPERTYI INBORMATIION DATABASE ("RAPID")
This User's AgXeemenl ("Agileament") is made effective on July 1, 2014 ("Effective Date") by and
between the City] cf Portland, a municipal crrponalion ofl the State cf1 Oregon, and its successors om
assigns (hereir.iafter referred to as "City") ar.d Tigard PoiUce Uepartment(hereinafter referred to as
"NAMED USEPT), by and through their duly atlhorized representatives. This Agreement has a five-
yleai term and wit: expirei on Jlune 3a, 201S. This Agreement may be renewed by Amendment fon up
to an additional fime yeams, for a total term of ter. years,
This Agreement may nefer to the City and User individually)as a"Bartyl"cr jointly as Ihe"Bar es."
Authorityl to enter into the Agreement is pursuant to Oregon Revised Statues("ORS") :19C.1110.
RE C ITALS
WHEREAS, ir. 20(8 the City) implemented the Regional Aulomatad Brcperty Infoirmaticn Database
("`RAPID"), a cooperative multi-agency), miulti jurisdicticinal effort to share information regarding)
paurn and seccndhand store tiansiacticmi on a regional basisi ;including, staleri and lost article data Meld
by Oregon State Police (OSIFI), spaciifically{ COSINE Law Bnfoiceuner.l Data System ("LEDS"), the
Bederal Buneau of Inveatiglaticins(FEI)Naticnal Cnima Informaiticn Centem("NCIC") and Washington
State Police(WSIF), specifically WISP'si Washington Crime Ir.fcrmaticn Center(")MACIC ';; and
WHEREAS, the City has a centrad (the "License Aglreiement") with Business Watch Internaticinal
("EWI") which reaffirms the grant to the City of a perpetrtal :kiense toi use BWI',i Software in the
RAPID system and the r.'glht under that perpetual license extended to PPDS Ccntributcrs to access and
u,a the Scfilesare; and
WHEREAS, NAMED USBRI has previously executed a RAPID User'si Agreement tithe "Criginal
Apeament") with the RABID Users Executive Board ("RUEB") with) an effective date of July 1,
20091,Portland gender number 5(4433,which) identified NAMED USER as a PPDSI Contributor; and
WHEREAS, NAMED USER understands that said User's Agileemern will He suipeis&ed byl this
User's Agileemeni to be executed with the City; and
WHEREAS NAMED USER desiresi to continue to be a Ccntritlutor to RAPID and to access anc use
RAPID as set forth herein; and
WHEREAS,the City)and NAMED USER desiire to enters ante this Agreement and being fully advised;
NOWT THEIRHIFICRBL IN CCNSIDERAITl10N ofllhe mutual promises and covenants oonia:ned herein,
it isi agilead as fbIlowsi:
RAPID User Agreement Page 1 of 12 Tigtrd Roliec Depanrrent
Law Enfarciament CCNTRIIBI;'IOR Approved by City Attornay,August 3015
1.0 DlEifir itions
"Amer.drrent" means a wr.'itteu dccument, requived to Ile stigriud by authcrized representatives of both)
Parties,which alters the terms and conditicns of this Agreement.
"`Authorized Use" means fur.atiors and capabiliiieis ttlat a Usei is assigned and alllti to perform based
cn User IDI,passwcrd,and r.'iglh s,as estatllished and granted by the City on a RAIPID administratou.
"13W1I" mittans Blusiness Watch Internaticnal cfl Regina, Sasklalchewan, Canada, the developer and
licensor ciflihe Software.
"Contributor" means a law enforcement agency t}lat eriters data into RAIPIDI or has Dealers who
submit current data fcr entry into RAPID. Contributcrs are recuined to Have a Software license.
"Dealer" rrear.s a pawn shop, seccnd-hand store an other commercial entity, suct as a scrap metal
dealer, engaged in the purchase or resale cf gcods whc may enaiounter stolen pncperty, and who is
withir the jurisdictior. of a Contributor.
"Maintenance" means survicus provided by the City cr BWI to keep RAPIID operating at cptimial
performance levels and to resporid to requests from Users for technical assistance.
"Non-Law Enfcrcernent Farticipant tNLEPT' means a Pania,*part that is not a law enforcement
ager.cy.
"Non-FIBDSI Contributot" means a Ccntributcr who did riot beacmiu a licensed Usen under the
prciviseiens of the original Licensee Agreement as a BPDS User or under a subsequent agreement
Between the City and BW1I.
'Particiiyant"means a law enforciement egeroyl cr other entity than eaaessies iriformaticn in RAPID Hut
Coes not submit aurrem Doalev data irto RABID. Barticipants may searoh far dEIE in the RABID
system.
"PPDS" means the Botriland Pciliae Data Systema.
"PPD Contributor" means a Contributor who is ider.itifred in the License Agreement as a PPDSI User
and who is irciluded as a licensed User in the orig.'nal perpetual Software license granted tc the City)by
BWII cr wbc subsequently was ider.tif ed as a BBDIS User by mutulal agileemeni between the City and
BW1I.
"RABID" means The Regicnal Automated Bnoperty Iriformaticn Database, the aooperalive effort of
regional law enfcrcerrient agencies, initiated and managed by the City, to nollect and shave data on
pawn, secondhand and metal reaiycler dealer transactions. RABID may alsc refen tc the Web-based
information system that accesses the database.
"Software" means the proprietary or licensed ccmpiuten programs, firmware,applications,ov Opemating
System Software wihiehl are ecmporients of thle RAIB]D System and are subliciensed to NAMED USER
by the City pursuant to this User Agreement, specifictally BWI's Internet-based information reporting
and txchange system RPCISSI and ADXStud:iei's nelaled utility scftware, and including, wilhcut
limitation, any custom Software or Cusitomaaation, appliaatior software, base scftwane, diagnostic
software,Updates,Upgrades and any related Documentation to RFIDSIS and ADXStudio.
RAPID User Agreeirrieml Fkgt 2 of 12 Tigard Holice Deparnmient
Llaw Brifbrcemert COrTIRIBUTOR Approved Ly City Attorney,August 2015
ounce Code" means a complete copy, expressed in high-level (i.e., human-readable; not machine
lariggage or objeat diode) compulet language, of the Slcftwam wHab, when assembled or compiled,
beaames the executable objeat code of the Software.
"Useti"means a law enforcement agency or other authorized er tity or individual that accesses RABID.
A Usan may be a Cortrillutor or a Aarticipant.
2.0 Sc fN are Lli cer.se an d Maintenance
2.1 NAMED UISIHRI isi desiignated a Usen in the PPDS Ccntrfbulorclassification.
2.2 NAMED USIER's right as a AADS Cor.tributer to actctess and use the Scftwate, subject to the
terms and aanditionsi herein, is included in BWl si giant c a perpetual license to the Cityl. THis license
allows NAMED USER an Dealers wi tin its jurisciatior tc enter data into RAPID. The license is
without restriction, as applicable, with respect to the number ofl RAPID Users, aaaesis ,ilio, or other
measurement or platform restrictions. 'Ilhe City shall promide log-on infbirmaticm to NAMED USER
and create the User profiles.Na Software license fees are duel or payable unden this Agreement.
2.3 BWII shall rara'n all ownership rights to the Software. Nctfling in this Agreement shall] bre
conslruied to provide NAMED UISER with any owr.eirshipl cif the Sciurce Cade or proprietary rights in
the Software. NAMED USER shall not decampile, 6sas,,iemble, cir otklarwi.ie remorse en€ineen the
Softwane.
2.4 All tnadematks, service markci, parents, ecpyrights, trade secrets, and atbler proprietary; rights
in or related to ibe Sciftmlane are and will remairi the exclusive property of HW1I.
2.5 Neither NAMED USER nor Dealers in NAMED USERI's jurisd'oHor will to allowad to
promide cLnent transactional data to RAIBID wilhout a valid Software license.
2.6 "�utlject to payment of all Maintenance and System fees set forth in Exhibit A,NAMED USER
may request Mair,lenance as needed. NAMED USER sHalil direct requests for Maintenance or other
tocHnical assistance to Brent Bates, RAF ID Program Coordinator,tyl phone to 503-823-29:15 ati by er-
mail tc Brent.BaIor,Ca port land meear.gov.
3.0 Usifr Warr an tiles and Oblig;autions
3.1 NAMED USER warrants it has read and understands and is in agreement with) the principles
and requirements set forth herein fbr participation in RABID.
3.2 NAMED USER wanents it has complied and shall comply wiiih all applicable law,
ordinances, orders, decraas, labor standards and regulat:iona of its domicile and wherever performance
occurs in connection with the execution, delivery,and performance of this,agreement.
3.3 NAMED UgHF1 acknowledges and agrees that NAMED USERl, its emtplcyleas, agents, and
Elealers will use RAPID only{ for Authorized Use and only fon a legitimate, official ar.d aLthcr.'zed law
enfbrcement or public safletyi purplose. Permission to use the informatior available in or through
RABID cthen than fcr Authorized Use shall be obtained in writing from the City RAPID Program
Caar6nator prior tc any such use.
RAPIDI User Agreement Page 3 of 12 T iganc Pol idle Department
Law Enforcement(CNTRIBUTOR Approved by City Attorney,August 2015
11.4 NAMED USER aiokrowledges and agieicis that NAMED USIBRI, its employees, agents, and
Dealers w1l not mcclifjl or attempt to modify through computer pnogramining, hacking, or other
techniqucs the funaliorls,capabilit:ie;i, and cpernations of the Software.
3.° NAMED USER is responsible for proaid:ing its own ciomputera, Internet connections and an)l
othei eiquipment, dev;iaes, or capabilities required for its authorized Usets to Havie use of and access to
RAF ID. NAMED USER is nesporisitle for conftgulring and rnaintaining its computers and damice:i to
confcnn to RAPID Ecce,,is avid security requirements as set forth in Sections 5.0 and 6.0 of Ibis
Agreem ant.
4.0 Ownership, Entry, and Mainlenanoci of Information by a Contributor
4.1 Dealer triansaatian irfor.nalion shall be entered directly) into RAIBID by Deaden usiingi their
RAPID or RAPID-compatible paint ofl:ia:le equipment. If a Eea:Ien does not ha-vie RABID-compalib.le
point cif sale egr:ipment, NAMED USER or the Dealer should conlael the RAPID Progilarn
Ccondinator for technical assisiance. FAMED USER itself rriay also enter thle Eealen transaction
information :into RAPID.
4.2 The City shall notify NAMED USBRI in writing if data entered by NAMED LEIE14 User.< is
found lei be ror.confcrming to the establisbed standards and procedures. NAMED USER shall, at its
caption, 1)correct such data using its owr resournea as soon asi practicable,but not tel excteed(flirty (30)
calendar dayls from nclifi(iation of nonacnfcrmirig data, cr 2) riequesl assistance from the City and
reimburse the City fon any costs associated with thle City's removing or performing remedial acticins
or. NAMED USER data required 10 bring the data ir. a ecnRinmance with the estatiished standardsi
and ptiocedures.
4.21 NAMED USER retains sale ownership of the trlansaaticm information ofl Dealers in its
jurisdiction. A Dealer hwi exclusive control over the ctoritent of its cwn trlansacticn infbtmation and
sole responsiblilityl fon the content, whettler NAMED USER :inputs the transaalion inforr:alion or it is
submitted by Dealers iri i1s jurisdiction. At any time, TAMED USER(maM update or aarrect any oflits
information ir. RAPID cr delaw it from RAPID entirely. All RAIPID entries wil: bei clearly marked to
ideintify the Contributor who owns the ir:formaticn.
4.4 NAMED USER retains sole ownenshlip and centriol of the ticicord:i generating the reperted
stolen property infbrnation ;i1 submils to RABID.
4.5 NAMED USER has the solei respowibilily ar.d accourilabilityl to ensure that all Dealer
trarisaalicri information entered into RAIPID by NAMED USER cr Dealers in its jurisdiction has not
been oblairied :in violalion cf any Federal, State, cr Icaal law applicable to NAMED USER and that
Dealers in its jurisdicticin co rot report the transaction data to aril non-law er,fbrcement entity outside
of their point cflsale soflw ate system.
4.6 NAMED USER Has the scale responsibility)and acciountability fcir making reasonable effcirts to
ensure the aaauraciM cif informaticm eritered into RAPID bY1 NAMED USER( oiti Dealers in its
jurisdiction, and the aarlinuing acciumayl cflsiueH inifbrnaticn thereafter. ArN challenge to the accuracy
of infbnnaticm in RA AID shall He made to rte Cityl and the re:evmnt Contributor.
4.7 RAPID is pcpulaled w:tb m.rrored iriformaticn derived fiom each User's reported stolen
Flnoperty. RAPiD :is not in anyl manner intended to bei an official reposilory ofloriginal neporled ,itelen
property reccrds, noir to be used as a subst'tute for an official repository of original reperted alelen
property reccrds. The s olen property infbinnation iri RAPiD is rot io be accorded anY1 independeril
RAPID User Agneemeni Page 4 oft'2 Tigard Police Dapartmeni
Law Enforaament CCNTRIBUTCR Approved by Cily Atiomey,August 201.<
record ;iNstem statLs. RAPID is merely a means to promide tamely access fbr RAIPIDI Users tc discioven
stolen prepertM infonmation That neplicates existing files/records systems found within their records.
4.8 Because NAMED USER-reponed stolen preferty infbrriaticn housed by RAPIDI will be
limited to duplicates of information obtained ar.d separately managec HM NAMED USER within its
owr neacrd systems, infbirmation submitted by NAMED USIERI shall ncl be altered or changed in any
way, emcept by; NAMED USIBRI. TANNED USER shall not makes ar.y changes tc the reported stolen
pncperty or Oca ar transaction data in RAPID's data warehouse that is not rrirrcned witHin NAMED
USIER's source records.
4.9 NAMED USER will be riesponsid'.1c fbr handling the stolen proipertyl rnalahes generated by
RAPID from ]Ile propenyl nefortid by its aor.lribuiing Dealers regardless of the origin of the stolen
property report.
4.1C To the ement that any new.yl d:isciovered linkls, matche,, relationships, inlerpretatiors, etc.,
loceted in searahes of RAPID mayl be relevant and appropriate for presenafor as incapenderil
records, it will be the responsibility{cf the accessing User to inciorperate such information it the User's
own official rieaords sy{slem(s) :in accordance with That User's neconcs management proicesses.
4.11 Zlhene is no obligation ant lihere should be no wisumpticn by NAMED USBRI that a particular
Contributor's reccres housed in RAPID represents the totality of all infbrmatioin or records of that
Contributor's reccres syl;tem for any subljecil on person.
5.0 Aec ess To and U,a of In fe nmaticn
5.1 NAMED USER agrees to permit cher RAIBID Users the rigl111 to access, disseminate, and/or
use the information entered by NAMED USERI or Dealers in its jurisdiction acconcingl to the
flrir.c:iples set fbrhh it this Agreemient.NAMED USED :is solely respcns:ible for erisurir.gl thal i1 is not
constrained from permitting this right by any laws, regulations, policies, and procedures applicable to
NAMED USER
5.2 NAKED USER ant its Dealens shall access RAIPIDI via a secure Internet connection.
5.3 NAMED USBRI shall net Lse information in RAPID fbr any non-law erifcreernent purpose, or
to establish cn uer.'ify the eligibility)of applicants, recipients; beneflc:iaries,participants, on providers i of
services with respect tci sash or 'n-kind assistarce or payments under the Feceral on State benefit
programs.
5.4 Agencies other than (hose who ere Contributors on Bartioipants will not have dinecl eccesst to
RAPID. RL-quests by such agencies for ecpie� of infcrzraiiori eonlained in RAPID sball be refereed to
the irdividual RAPID Contributor That owns 1he:inf nTiation unless ciherwise requiirec by law.
3.5 NAMED USER shall not .have User ]Ds or passwords on pnovide direct ec=,v to RAPIDI to
anM entity) that Has not executed a User agreement withl thle City and, if required, a license agreerrent
with the Cityl or BWI.
`I.6 RAIP11D includes ein audit capability that log;si all User actions, including the identity cif the
User, tirne of access, queries executed, responses, alerts set, and nciificaticns received. The lcg is
mainlained indefinilely unless periodic purging is required lfy law..
RAPID Useu Agrat rnani Page 5 of 12 Tigard Police Deparmant
Law{ EnfbrcerrerI CONTRIBUTOR Approrad by City Attorney,August:1015
w
6.0 Seaunity
6.1 NAMED USER will authorize specific emplcylees to access RAB111. Accessi shall Ile granted
only to those emplaNcies and agents with an cfficial 'neec to know" such information. Upon request
by the City,NAMED USER shall provide the City)with lists of amploylees requiring acaess and riotif}
the City promptly of the aliangle when an employee no longer iequircis accessi.
6.3 NAMED USIBRI is rtspcnsiblle for irairingl its Users wHc ane aulhorized Ic access RAPIID
regarding) the use and dissemination of inferrnaticn obtained from RAIPID. NAMED USER shall
ensure its authorized User: hams si clear understanding of the need to verify the reliability of the
ir,fbrmaticn from RARID with the User that prcviced the infonrialion befcre using tHet information fbr
preparing affidavits, obtaining subpoenw and warrants, cir tither]a% enforcerr,ent purpcses. Training
should also ensure emplcylees understand the resir.'ctiensi cn use of RAIPID data and information set
fcrtH Herein.
6.3 NAMED USER will ensure that its Usens will rot acicesis RAPID until after successfully)
completing appropriates training.
6.4 NAMED USIERI agrees tc imime6altdy deactivate the RAPIID User ID and passwcrd of any
employee, aglent, on Cealer who is no longtr an employee, agent, Dcsaletr, cr oontractor of NAMED
USERI,cr who no longer requires AutHarized Use of RAIBID.
6._`I NAMED USER shall pnoviide immediate notification to the City) of any actual or siuspecilad
unauthorized use of a User IEE and password or of any security]&eacl•1 that affects RABID or any other
City systems. NAMED USEIR shall provide notification to t1e City) of any incident teleling to the
integrity of the Software,such as a ccmputer %iirus.
6.6 NAMEDI USER acknowledges that RAIBID wile contain Sensitive but Unclassified (SIBU)
information from the iccordsi ,iystems of the) Ccntribulots. RAFID is managed Hy the Portland Po:liae
Bureau, NAMED USER egrces to use at least the carne degree cf care in prolualing information
acces,sec it RAPID that NAMBD USER emetcisies with respectl to its own sensitive informalior.
6.7 NAMED U9HRl aaknowlecges tHal ur.autl ori2ied d:isclo.,iure of SIEIU information or misuse of
the Software or a City ccmruter sysitirr or netwo6l will result in irreparable harm to the C ityi. In the
event cfla breach) or threarlened breacH of this Agreement, the City)may odtain ecu:itabla or injuncti�ie
relief pnchibiting the breach,in additicn to any other appropriate legal or equitable relief and remedies
at law.
6.8 FailLre to ccmpIM with the] secur.'ity and AutHoriaed Use spe:cifiaations contained in this
Agrleemenl may, at the sole discreticn of the City, rcisult in the suspension ofl NAMED USER and
aocesis to RAPID by NAMED USER and its Users until such failuresi ane corrected to the City's
satisfaction.
7.0 Pri co
7.1 Prices are set forth in BxwHibit A Ic Ih:ist Agwemeni.
7A NAMEII USER sliall blear all its own costs in relation to RABID unless ctflerwise provided
htsreir. or in ar amendmont to this Agreement,
RAPID Usei Agreement Ngc 6 of 12 "Iligard Aalice Departmert
Law Enfonaemtnl CGNIRIIBUTCM APFlroved by Cily AtIorreiy,AGgust 201 51
7.3 NAMED USER acknowledges that the City hast the right tc change the prices upon-sixty) (6()
calendar days' written nctice to NAMED USER.
81.0 Disclaiimers,Lllmitatien of Liability, and Indemnity)
8.1 RAPID and its weibsite, services!, data, and information are supplied "as is" without warrant))
of any kind, whethen exprass or implied, NAMED USER acknowledges that access tc RAPID, its
website, and services may ba subject to delay, and the data and informatior may be -subject tai
deletion, theft, errors, or emissions. Thie Cityl has no responsibility) fon the acoumcyt, timeliness, on
completeness cif information in RAPID. To the maximum extent permitted by law, the City disclaims
all warranties, including) without limitation, any implied warranhies of merchantability), flWess for a
particular purpose,and non-infringement.
8.2 RAPID is not a separate legal entity{ capable of maintaining an employler-emplcylee
relationship and, as sucsh, all personnel assigned by NAMED USER to perform RAIPID-related
functions shall not be considered employees of RADII] cr of any ether party kir any purpose.
NAMED USER remains solely) nesponsible fbr the supervision, work schedule-i, performance
appraisals, compensaticsn, overtime, vacations, retivemient, expenses, disabilityl, and all other
employment-related benefits incident to assignment of its personnel to RAPID access.
8.3 Unless specifically addressed by the terms cf this Agreement, NAMED USER shall be
responsible Rim the negligent cr wrtongful acu cr omissions of itsl own respective officers and
emplciyees performing under this Agreement, but only to the extent they would be liable under the
laws of the jurisdiatiouls)to which they are subject.
8A SUBJECT TO CONSTITUTIICNAL AND STATUTORY LIMITATIICNS AND
RESTRICTIONS, NAMED USER SHALL DEFEND, SAVE,AND HOLID HARMLESS THE CITY
OF PORTLAND, ITSI OFFICERSI, AGENTS, AND EMPLOYEES, PRIOM ALL CLAIMS,
DEMANDS, SUITS, AND ACTIONS, AND INDBMNIAY THE CITYI OF PONFLAND, ITSI
C PFICERS, AGENTS, AND EMPLOYEES FRC M ALLI IJOSSESI, DAMAGES, LIABILITIIESI,
COSTS AND EXPENSES CF WHAITSICEVER NATURE(INCLUDING ALL ATTIORNEYS' FEESI
AND COSTS) ARISING OUT OF OR REUATIING TC ITIS ACTISI, ERRORS, OR OMISISIONSI ORI
THOSE OF ITSI CBRICERIS, EMPLOYEES, SUECaNTRACTORIS, AGENTS, OR DEALERS
UNDER THE TERMS OF THIS AGREEMENT.
S1.0 Term and Term ins tic n
S.l This Agreement shall be in effect fbsr the pleriesd of time stated on the first page unless-
terminated w set forth in this Sleciion.
9.21 The fbBowing aonditicns apply)tc termination of this Agreement.
9.21.1 This Agreement mayl He terminated at any time by the mutual written agreement cflthe
dulyl authc.rized representatives of thei Parties.
9.2.21 Either Party may terminal this Agreement upon thirty(3t))aalendar dayls' writter
notice to the other Party.
RAPID Usiar Agrecirrow Page 7 oil t2 Tigard Policia Department
LAw Bnforceiment CONTRIBUTOR Approves by City Attorney,Aug List 2015
9.2.3 Tlhe Cilyl may terminate the Agtleernenl with immiediate effect in the event of a breach
of any provision of this Agreeanent by NAMED U SIE R.
9.2 Ulpen terminaticn cf this Agrleement all information certrfbuted to RABID by NAMED USER
will be deleted frcra RAPID Aso request ed in writing by NAMED USIER.
9.4 The rights', cbliglaticns, responsiibilities, limitadions,indemnifiicaticn. and othur underslanding;s
with respect tc the disclosure and use of information in RAPID shall survive any termination of this
Agreement. This apllies to NAMBD USER'S information,and tc other Parties' disclosure and use of
NAM ED L SIER's i nform ation.
10.10 Written Nc 1fiGcations
10.1 All written notifications and Amendments shall be'sent to the followinig:
Fain City o fl Po rtlaind: Elan NAMED USER:
Brent Bates,RAPID Program Coordinators Name: Robert Rogers
C ity of Portland-Fortland Pc lice Bureau Title: Chief,Tis and Police Department
41135 B Burnside St Address: 13125 SW Hall Blmd
Plort land,OR S 71214 City,State:Tigard,OR 9722 3
e-mail: Bic nt.Bates@portlandoregon.gov e-miail: Rlobert.Rogers@tigard-or.gov
Copy to: Copy to:
Techilology Contracts
City of Pairtlanid-Precurement Services
112C SIW Bifth Avenue,Room 750
Portland OR 97204
If eitheri Party) makes a change to the name or contact informaition in the table abovie, it shall preivide
writtein notice to the other Party)within thirty(30)calendar days of such change.
111.0 Lim its ficin cif Liability]
11.1 THE CITY SMALL HAVE NC L1ADILJITY WHATISOHVER TO NAMED USER OR 'no
ANY LAW ENFORCEMENT AGENCY OR OTHER ENTITY POR DAMAGES RELATING TO
TIHEI SOFTWARE, ANY WBBSITB, DATA, OR HOSTING SYERIVICES, EVEN IF THE CITY HAS
BEEN APPRISED IN ADVANCE OIR THE POSSIBILITY OF DAMAGES. THE CITY SMALL
NOT BE LIABLIE TO NAMED USER OR ANY THIRD PARTY FOR ANY CLIAIM(SI)RBLATING
IN ANY WAY TO (i)NAMED USER'S OR ANY THIRD PARTY'S INIABILITY TIC ACCESS 014
USE THE SIC FTWIARE, DATA, CRI INTERNET-EIA SIEU SERVICES, OR IT1Sl INA.B ILITYI OM
RAJ LIURE 70 PERFORM RESEARCH, DATA ENTRY, OR OTHER!WORK, OR T C PERFORM
SUCH WORK PIRIOPERLY CR COMPUBTELIY, OR ANY DBCISICN MADE CRI ACTICN
TAKEN BY NAMBDI USER OR ANY THIRD PARTY IN RE LIIANC E UPON DA11A OR TIRE
SOFTWARE; (ii) LOSS OR MISUSE OF DATIA OR DAMAGE TO DATA; (iii; THH
A VAILA BILITYI OR RE LIIAE ILJ TY CF THE SOFTWARE, DATA, WEHSIITE, OR INTERNE-11-
BASED SIERVICES- (iv) UNAUTHORIZED UISIE, ACCBSIS, OR DISCLOSURE OF TIHEI
SOFTWARE, DATA, WEHSIITE, C14 INTERNET-EASED SIERVICES; (v) THE ARIOCURING,
COMPILING, INTBRPRETINIG, EDITIING, WRITING, REPORTING, OR DEILIVERY CIH DATA.
ANY SICFTWIARB CR HOSTING SERVICE PRIOVIElED BY THE CITY IS PRIOVIDEII
WITHOUT WARRANTY CR ANY KIND, EXERBSISI OR IMPLIIBD, INCLUDING, BUT NCT
RAPID User Agneement Iigc 8 of 12 Tigard Aalice Deparment
Law Bnfbrcement CONTRIBUTOR Approved t City AttorneA,August 2015
LIM ITIHD TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FCR A
PARTICULAR PURPCSE, ACCURACY, OMISSIICNS, COMPLHTIENESS, CURRENTNESS,
AND DELAMSI.
12A General
.2.1 Assignment. Neithler Party shall asisign, transfer, subcontract, or delegate all or any) par, of
this Aggeeimerii, on anyl interest thlerein, wilhcut tHci other Parly's prion wrtten norsenrl, except that Ile
Ciily may zssign this Agrleemerl to anothlen law enforcetmer,l entity or organization upon thirty (30)
calendar days' written notices tc NAME USER if rrar.aglemerl o€I RAPID is transferred to aroither
law enfbraement entity or crganization.
12.2 Comerning Law wind ,lurisidiation. This Agrlaetmeni shall be construed according)to the laws
of the Slate of Oregon witHoul reference to irs ecnflictl of laws' provisions. Any liliglation between the
Cit)l ar,d Usen arising under this Agreement shall occur, if in thle stale courts, in the Multnomah
Ccunty Circuit Ccurt, and if in the fade:ral courts, in the Uriled c tates Distrial Ccurl for the Distrat of
Oregon.
72.3 Amendmenli. No provision cfl this Agreement may be amended cr modifrec unless such
Amendmerit or modification is aprrcved as to form byl the City Attorneim and executed in wr.'ting by
authorized tieprosentatives of the Parties. All changes that would panmanenll}l change any Previsions
of this Agreement shall be memorialized in tba fcrm cif ari Amendmeril. If the rraquiremients for
Amencmeril or mcidifiaadon cf this Agreement as described in this section are not satisfied in Hull,
Then such Amendments or modifictalier.s aulamiatiaal1y will be deemed null, void, invalid, nen-
binding,and of no legal fore a on effect.
12.4 Sleveratihtyl. The Parties agree that iflary terry. or pncivision efllhis Agreernent is ceclared by
a oeurt of ecmpetent jurisdieticn to be illegal of in oeriflict with anyl law, the wilidity cfltha remaining)
terms ane prcvisiiors shlall not be affectec, anc the rights and obligaticmi ofl the parlies shall Ile
construed and erfbrcec as if the Agreement did ncl contain t1lel particular tern an rrcvisiion held to be
invalid.
12.5 No Waiver. The failure of the City to enfoicic any provision cfl ibis Agrleemer.t shall not
constitute a waiver liy the C it}l of that cr any other piovisicn,
This Agreement, together with all Exhibits, Allaahments and thlose cocumenis which byl Thein
reference have been incorporated heneir.i, ccnstitutes the emitirei Agreement Uetweetn the City and
NAMED USBRI and supenseces all agreements, written and oral,between the Parlies on lhis subject.
The Parties agree that they) rr.ayl exiecule this Agreement,ane any Arnu&menls to this Agreement,byl
electronic means,including tHa use of electror.iu signature;.
The remcaindFn cf j1his page;intentionally left blc nk.
RARLE User Agreement Fagei 9 of 12 'ligaic Police Deipartmeni
Law Enforaomenl CCNT141BUTOR Aprroved by City Attarney,August 20'f
IN WITNESS WHEREOIF, the Aarties henelo have caused this Agreement to He executed.
CITM OF POWLAND TIGARD POLICE D PARTM ENT
(NAMED USIER)
v t
Chief Procurement Officen Date Authorized Sigre Dale
Christine Mocdy Rcbert Rogers, Chieflof Police
Printed Nama Printed Name and Tiller
Apprc ued s to Form Address:
C, 131215 SW Hall Blvd, Tigard,OR 9721213
l 05V7116 Phone: 503-718-2551
Office of City AttorHy Date
Email: Rcibert.Rogers@,tigand-cr.gcv
RAPID User Agreement Page t0 of 12 Tigard Holice Departm!snt
Law Enfbrcornert CCNTRIBUIIOR Apprcvcd ty City Attorney,Augusit 2015
EXHIHITI A
PRICE AND PAYMENTTERMS
1.0 Rates for Software License and Maintlenance and System Bees
As a HPD SI Centributon,NAMED USER!is extended the right to access and use the Seftware under the
City's perpetual license.Nei Softwiare license fees are due under, this Agreement. The pricing raters for
Maintenance and SMsterns fees,based cin the agency population, are set fertH in the table below.
PPDS or PPIDS-Quailifled Untribut'or-Pricin gl Raites
Component Annual Rate per 501,010C population(3)
HWII Software Mainlenani $1,COC.00/ 50,00 population
RABID 5ystemi Fee 'ji $250.00/5C,OCIO pcpulation
TOTIAII RATE, MAINTENANCE &SYSTEM FEES $1,3501.1]01I 510,6010 population(4)
NOTES:
1. The annual Sloftwarte Maintenance fee comers technical support,upgrades, and updates toi the
Software and website.
2. The RABID SSstem Hee covers the costs to the City of owning,cpe:ratingl,and maintaining the
servers where RABID is heisted, as well as Internet connection costs.
3. The po;ulaticin basis will be recalculated at five-year intervals froimi the date of the Original
Agreement,with each renewial of the Agreement.Current population is obtained from the
website: hlttp:/,,www.Rdx.edwanc/sites/www.pdx.edu.prc/files/2013CertifiedPeipEst weib.xh
4. The tonal annual ceist for Maintenance and System fees is calculated as:NAMED USER`s
poipulatiorv5Q,C10CI*$1,2901.00 and includes an unlimited number cif Dealers.
As stated in Secticn 71.3 of the Agreement, the City Has the right to change the pricing)rate upon sixty
(601)calendar darts'written notice to NAMED USIER.
2.0 Price
The'lligand Police De:pariment (NAMED USIER) is a PPDS Contributor with a population of 491,1135
as cf the Effectime Dates efl this Agreement. The original population as of the Effectimei Date efl the
Original Agreement was 47,1501.
RAPID User Aggeeni Page I 1 of 12 Tigard Poliae Departmew
Ulaw Hrifbncement CONTRIE UTC R Apprcived 1:y City Attorney,Augulst 2011
Annual Mainteinarce and Jvstem Fees icor NAMDI1 USER
Population Raw per 50,C00 populaticn Annual Fee 51-ylear Cort
49.139 $1,250.00 $1,229.00 $E,14°.CO
HA.D io City,fcr pariod July i, 20141hn June 30.2C 16 <$2,458.00%
Remaining NET Amount Due $3,6$7.010
3.0 Payment Terms
The City shall invoicie NAMED USER at Icast tHivy (30) calendar days in adviarce of tflo annuaa
payment date. faylrr,ents are due withiri thirty (3C; wleindan dayl:i of the date of the in,,oice.
RAPID system feces wi.1 be payable ici:
Aortland Pcliae Bureau
Discal Service:i Division-RAPID
1:1 11 SW 2nd Ave,Rlc om 1406
Aortland,OR 972 04
Failure to make timel)l paymerits shall be regarded as lareach of this Agraemeni, and the City shall
have the riglli to terminiatet the Agrleerrieni as set forth 'n Section 9 cif the Aglaeimerit, Term and
Termination.
Tile remainder of this page intentionally left blainkl
RAP 11D UwirAgrieerritint Fage 12 of 12i Tigarc Ploliaa Departmuill
Haw Bnforcemen1 CONTRIBUITCR Ap�lroved by Cii} Ailorney,August 2013