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Service Solicited - 2011 - Access Idaho - Electronic Tranaction & Access SERVICE LEVEL AGREEMENT FOR ELECTRONIC TRANSACTION & ACCESS TO CITY OF EAGLE t f� THIS 4RVICE LEVEL AGREEMENT("SLA") is made and entered into this -' of , 2011, by and between City of Eagle (hereinafter "City") and Idah nformation Consortium, Inc., doing business as "Access Idaho" (hereinafter "Portal Manager") and addresses that initiative of the State of Idaho Department of Administration, Office of the Chief Information Officer, known as "Access Idaho" or the "Portal" to provide online electronic access and transactions. This SLA is entered pursuant to, and is subordinate to, the Access Idaho Service Agreement dated June 30, 2008, by and between the State of Idaho and Idaho Information Consortium, Inc., incorporated herein by reference as if fully set forth herein. The parties agree as follows: Purpose. The purpose of this SLA is to identify the scope of the City's implementation of the Portal and to define the responsibilities under which the City and Portal Manager shall implement the Portal of the City. Without limiting any of the foregoing, all requirements of the Access Idaho Service Level Agreement are binding upon and must be met by the parties to this SLA. Definition of Terms. a. ACE Transaction - Automated Clearing House, a system of the U.S. Federal Reserve Bank that provides electronic funds transfer (EFT) between banks. b. Application—the development of a database of Records on the Portal or the Software Bridge to a database of Records stored elsewhere for information lookup, or an electronic transaction for gathering data or processing requests from the public (such as filings or permit applications) and the user interface to allow online public access and/or interaction with the same. c. Confidential Record — any writing created, received, retained, maintained, used or filed by or with the City that is in electronic form and that cannot be disclosed under Idaho or federal law or regulation or is otherwise designated confidential as defined in the Access Idaho Service Level Agreement. d. Public Record —any writing containing information relating to the conduct or administration of the public's business prepared, owned, used or retained by City that is in electronic form and that is subject to disclosure to the public pursuant to the Idaho Public Records Act. Page 1 of 6 City of Eagle/Access Idaho Service Level Agreement e. Record - a writing in electronic form that may include a Public Record and/or a Confidential Record, 1'. Software Bridge - refers to any interface Portal Manager builds between the Portal and any City system to ensure an Application runs effectively. A Software Bridge shall address any and all applicable privacy and security issues, g. Project Plan/Schedule - priority schedule of e-commerce applications established by the City and approved by the Portal Manager. Term. This SLA shall commence on the date it is signed by the City and Portal Manager; and it shall be coterminous with the Access Idaho Service Level Agreement, Portal Manager Responsibilities. Portal Manager agrees to develop and/or administer the Applications contained in all subsequent addenda. Project plans/schedules shall also be set forth in the addenda. The City and Portal Manager may modify any addendum to add or delete services only by mutual agreement in accordance with this SLA. Portal Manager shall work diligently to deliver each Application according to the agreed upon project plan/schedule. Regular meetings will be held to discuss and update the project plan/schedule as necessary throughout the term of this SLA. Portal Manager will make every effort to keep the City informed of problems that may cause a delay in the delivery of any Application. In accordance with the Access Idaho Service Level Agreement, Portal Manager shall be responsible for the collection of fees and payments, as set forth in the Access Idaho Service Level Agreement, if applicable. All payments owing to the City, regardless of whether Portal Manager has collected the fee due from the applicable user or subscriber, shall be made by Portal Manager to the City via ACf-I transaction directly to a numbered account or accounts furnished by the City as provided in the Access Idaho Service Level Agreement. Portal Manager shall also provide the City a statement or report monthly and at the end of each fiscal year, in a form authorized by the City, showing the following information: the quantity of City Records accessed for the previous month; the types of Record accessed; and within each type, the quantity of Records accessed by each user or subscriber. Page 2 of 6 City of Eagle/Access Idaho Service Level Agreement City Responsibilities. The City will be responsive to Portal Manager by providing information and assistance as needed and agreed upon to promote the purpose of this SLA and to meet the delivery dates on the project plan/schedule. The City understands and acknowledges that the schedule and assignment of priorities may need to be adjusted to accommodate reasonable delay due to policy or technical issues outside the control of Portal Manager. Portal Manager Representations. Portal Manager represents and warrants that it has no ownership or possession rights to any data or Record by reason of this SLA; it will take all responsible precautions against unauthorized access to City Records; access to Confidential Records shall be given only in accordance with applicable law and any other restrictions imposed by the City in writing; and it will not sell, lease or otherwise transfer any data or Record, including user information, except as specifically authorized by the City. City Representations. The City represents to Portal Manager that to the best of its information and belief the content materials furnished to Portal Manager by the City for electronic access of the Portal do not violate any third party's copyright under state or federal law. Further, the City asserts that to the best of its information and belief all issues particular to the City, including but not limited to, any privacy/confidential issues and any statutory or regulatory issues affecting the City's use of the Portal are in compliance with applicable laws and policies affecting the City, and any required approvals have been obtained. The City acknowledges that Portal Manager exercises no control over the links the City may request to other non-Access Idaho sites that may be made available on the Portal. Additionally, the City acknowledges that the Portal Manager exercises no control over the content of the City's Records. Portal Access to Records. The City authorizes Portal Manager to access electronic Records maintained by the City for the purposes of e-commerce application only, in accordance with this SLA. Access by Portal Manager will be on an inquiry-only, as needed basis to agreed-upon Records and data for the purpose of providing access, facilitating transactions, or offering other services to users of and subscribers to the Portal as authorized by the City. User Messages, User Agreements and Screening. If required by the City, Portal Manager shall require each interactive user to agree, on- line, that the user will comply with any restriction on the use or confidentiality of the City Records as imposed by applicable law. Such user agreement will be in the form of a use message displayed online with a required positive response and will be captured in a log file prior to the user being permitted to further search, view or access the City's Records. Page 3 of b City of Eagle/Access Idaho Service Level Agreement If required by the City, Portal Manager shall obtain initial written agreements from each subscriber, batch and bulk service user that the user will comply with any restrictions on the use or confidentiality of the City Records required by applicable law. These subscriber agreements will be maintained by Portal Manager and may be inspected by the City. As necessary for the applications contemplated by this SLA, Portal Manager will screen the City Records to prevent the release of any information to unauthorized users. Miscellaneous. This SLA (including all documents incorporated by reference) constitutes the complete and exclusive statement of the agreement between the parties hereto. This SLA and all subsequent addenda may be amended only by the written agreement of the parties. Any oral agreement or representation shall bind neither the City nor Portal Manager. If any provision of this SLA be declared illegal, void or unenforceable by a court of competent jurisdiction, the other provisions shall not be affected but shall remain in full force and effect. All notices provided under this SLA shall be directed as shown and may be sent electronically if mutually agreed upon by the parties. To City: City of Eagle Clerk-Treasurer Eagle City Hall 660 East Civic Lane Eagle, Idaho 83616-6833 (208) 939-6813 To Portal Manager: Jeff T. Walker General Manager Access Idaho 999 W. Main Street, Ste. 910 Boise, Idaho 83702-9010 (208) 332-0102 jeff(a%acccssidaho.org Page 4 of 6 City of Eagle/Access Idaho Service Level Agreement IN WITNESS WHEREOF, the parties have executed this SLA the day and year first written above. City of Eagle City Council Members 1 By: Find"_. , . .. i t_• / i ■gri Reynolds, Mayor By: � � -°r-�° ohn Grasser By: .-- ........ -'-/- . .e.„_e_,_ Michael HuffaC,;r1 .,..„,2 By: Nor i Semanko By: Al Shoushtarian �a�G00„tieogeo,,,,, ATTEST: o i ,. °,,,,, I Sharon K. Bergmann, City Clerk%Treasurer W ,�`„66',',,01:+,. �,:3<. 4, s`O.e'-'<' r.,a,!(.'bpi ty,. QO Ne"l0Oo1 I; 1. f--' 11 o'” Idaho Information Consortia LLC (d.b.a. Access Idaho) -'/ By . Date Je'ff'1. Walker, President Page 5 of 6 City of Eagle/Access Idaho Service Level Agreement Access Idaho Privacy Statement The following represents the practices and procedures of the Portal Manager. The following is not intended and should not be interpreted as a contract of any nature, either stated or implied. Individuals who visit Access Idaho are important to us. Therefore, we do not capture personal information about them without their permission. We endeavor to ensure that we collect only the minimum amount of information needed to meet the purpose for which Access Idaho was created. Although the gathering of personal information may be required by law or necessary in order for us to provide a requested service, in doing so we are subject to all applicable legal requirements for administering information systems. We do collect personal information directly from individuals who volunteer to subscribe to one or more of Access Idaho's premium services. Collecting personal information is necessary in order for us to deliver the services requested. Fostering and maintaining the public's trust is a cornerstone of the Portal Manager. Use, collection, and retention of customer information at Access Idaho For each visitor, we do collect information about the Inter Protocol (IP)address, type of browser used, the date and time of the visit, and the IP address of the location to which the visitor linked during his or her visit to the site. This information is strictly used for statistical reporting purposes. We collect, retain and use personal information about our customers only when they volunteer to subscribe to an Access Idaho premium service. We only collect, retain and use personal information where we believe it is essential (and allowed by law)to administer our business and to provide products, services and other opportunities requested by our customers. We reserve the right to retain all electronic correspondence(e-mail)and any information contained therein. Restrictions on the disclosure of customer information We do not sell or rent our subscribers' information to any outside company or organization. We do not reveal specific information about subscribers or other personally identifiable data. Protection of information via established security procedures and maintenance of accurate information We maintain security standards and procedures regarding unauthorized access to customer information to prevent unauthorized removal or alteration of data. We have established procedures to ensure that information is as accurate and current as practical to enable us to conduct business with you. We will respond to requests to correct inaccurate information in a timely manner. Limiting employee access to information Our Portal Manager is instructed to limit employee access to personally identifiable information to only those employees who need access in order to perform their assigned duties. The Portal Manager is instructed to enforce with its staff their responsibilities in protecting subscribers' information. Page 6 of 6