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HomeMy WebLinkAboutBadgerTraCS Hosted Environment - WI DOTBadger TraCS Hosted Environment User Agreement Wisconsin Department of Transportation (May 2020 version) This Badger TraCS Hosted Environment User Agreement, is between the Wisconsin Department of Transportation ("WisDOT"), Division of State Patrol ("DSP"), and Oshkosh Police Department (the "Local Enforcement Agency"). RECITALS Authority. Pursuant to Wis. Stat. §§ 110.07(2), 346.70 and 345.11, DSP has the authority to assist local enforcement agencies and officers for traffic regulation and accident (crash) prevention, determine the form of accident reports, and prescribe the time and manner of submitting records of Uniform Traffic Citation. WisDOT hosts the Traffic and Criminal Software ("TraCS") and TraCS Location Tool ("TLT") (together, "TraCS/TLT") to assist local enforcement agencies for those purposes. Purpose. Through the integration and use of the TraCS/TLT system the parties intend to : (a) Provide local enforcement agencies with the option of a hosted web services version of TraCS; (b) Assist local enforcement agencies by reducing technical support overhead; (c) Improve highway safety and crash data collection and management processes; and (d) Improve timeliness and quality of data. Background. (a) DSP and the Local Enforcement Agency are both criminal justice agencies, formally recognized by the Federal Bureau of Investigation (the "FBI") and the Wisconsin Department of Justice (the "DOJ"). (b) DSP and the Local Enforcement Agency have law enforcement authority within the jurisdictional boundaries of the State of Wisconsin. (c) Both DSP and the Local Enforcement Agency have entered into Criminal Justice User Agreements (the "Criminal Justice Agreement") with DOJ and are required to abide by the current FBI Criminal Justice Information System (the "CJIS") Security Policy for access to state and national Criminal Justice Information as defined by the FBI CJIS Security Policy. (d) The DOJ CJIS Director functions as the CJIS Systems Officer for the State of Wisconsin, required by the FBI CJIS Security Policy and Criminal Justice Agreement to grant and authorize access to Criminal Justice Information within the State of Wisconsin. (e) The Local Enforcement Agency and DSP have entered into a TraCS sublicense agreement that authorizes the Local Enforcement Agency to use TraCS software to create and file Uniform Traffic Citations, accident reports, and other official documents for law enforcement purposes. (f) DSP maintains a TraCS/TLT database to store TraCS-generated data. 2 (g) The Local Enforcement Agency wishes to utilize a TraCS/TLT database system to submit and store its TraCS-generated data for law enforcement purposes. (h) DSP employees with access to TraCS-generated data are background screened by DSP. DSP is willing to share required individual background screening information obtained from state and national fingerprint -based record checks for those employees with the Local Enforcement Agency, in a manner consistent with the requirements of the Criminal Justice Agreement. Accordingly, the parties agree as follows: ARTICLE I — Definitions 1.1 Defined Terms. Terms defined in the preamble and recitals have their assigned meanings and each of the following terms has the meaning assigned to it. "Agreement" means this Badger TraCS Hosted Environment User Agreement, as it may be amended from time to time. "Business day" means a day that is not a Saturday, Sunday or legal holiday as defined in Wis. Stat. § 995.20. "DSP-hosted data" means the database of Local Enforcement Agency data maintained by the DSP. "Effective Date" has the meaning assigned to it in Section 2.1. "Force Majeure Event" means war, flood, lightening, drought, earthquake, fire, volcanic eruption, landslide, hurricane, cyclone, typhoon, tornado, explosion, civil disturbance, act 3 of God or the public enemy, terrorism, military action, epidemic, famine or plague, shipwreck, action of a court or public authority, or strike. "Notice" has the meaning assigned to it in Section 2.3(a). "Term" has the meaning assigned to it in Section 2.2. "WisDOT" means the Wisconsin Department of Transportation. ARTICLE II— General Provisions 2.1 Effective Date. The provisions of this Agreement are effective on the date that DSP executes this Agreement following delivery to DSP of an executed copy of this Agreement from the Local Enforcement Agency (the "Effective Date"). 2.2 Term. The Agreement's term shall be for a period beginning on the Effective Date and ending December 31, 2024 at 11:59 P.M. (the "Term."). 2.3 Notice. (a) Requirement of a Writing; Permitted Methods of Delivery. Each party giving or making any notice, request, or demand (each, a "Notice"), in accordance with this Agreement shall give the Notice in writing and use one of the following methods of delivery, each of which for purposes of this Agreement is a writing: (i) Personal delivery. (ii) U.S. Mail (postage prepaid). (iii) Internationally recognized overnight courier (with all fees prepaid). 4 (b) Contact Information. The parties shall use the following contact information for communicating all Notices to the appropriate party: (i) Wisconsin Department of Transportation, Division of State Patrol TraCS Program Manager 4822 Madison Yards Way, 9th Floor Madison, WI 53707 badgertracs@dot.wi.gov dot.wi.gov Local Enforcement Agency: Oshkosh Police Department Local Enforcement Agency Employee: Dean Smith Local Enforcement Agency Address: Local Enforcement Agency City/State/Zip Code: Email: (c) 420 Jackson St Oshkosh, WI 54901 dsmith@ci.oshkosh.wi.us Phone Number: (920) 236-5700 Effectiveness of a Notice. Except as provided elsewhere in this Agreement, a Notice is effective only if the party giving the Notice has complied with subsections 2.3(a) and (b). (d) Other Communications. Email, telephone, and other informal communications between the parties shall not be considered as providing official notice under this Agreement. 2.4 Contact Update. The Local Enforcement Agency may assign other staff to the roles and duties listed in Section 2.3(b) and Section 4.9(b) at any time and shall promptly notify DSP of the changed assignment via email, telephone, or in writing. 2.5 Time. Time described in this Agreement shall be determined in accordance with 5 Wis. Stat. § 990.001(4). 2.6 Transition and Migration of Data. (a) Following the execution of this Agreement, the Local Enforcement Agency shall schedule one or more meetings with DSP to: (i) Assign TraCS user IDs; (ii) Migrate existing Local Enforcement Agency -data to the DSP-hosted database, if requested; (iii) Remove existing TraCS software from the Local Enforcement Agency's workstations and field units; (iv) Install new TraCS software that is capable of communication with the DSP- hosted database; and (b) Once new TraCS version is installed, the data migration, if any, is complete, and the new TraCS system is operable, the data from TraCS documents created by the Local Enforcement Agency shall be stored in the DSP-hosted database until this Agreement is terminated. ARTICLE III — DSP Covenants 3.1 TraCS System Use. DSP shall provide the Local Enforcement Agency with access, through agents and employees of the Local Enforcement Agency, to the Local Enforcement Agency TraCS data hosted by the DSP. 3.2 Record Retention and Hosting. 6 (a) As agents for the Local Enforcement Agency, DSP shall retain and host all records created inside TraCS by the Local Enforcement Agency in accordance with the FBI CJIS Security Policy and Criminal Justice Agreement. (b) DSP may perform monthly scheduled maintenance of the DSP-hosted database, including software updates, which will require the DSP-hosted database to be unavailable to the Local Enforcement Agency. DSP will make a good -faith effort to schedule all maintenance outages and provide advanced notice to the Local Enforcement Agency of such outages. (c) DSP shall immediately work to correct any system outages on a business day from 6:30 a.m. — 5:00 p.m. CST. If there is an outage outside these hours, it will be handled on the next business day. (d) DSP anticipates backing up data regularly during non -business hours between 5:00 p.m. and 6:30 a.m. (e) In case of a software, hardware or system failure that results in the loss of data, DSP shall make a good -faith effort to recover data. DSP does not warrant that data lost by such an event will be restored. DSP is not liable for lost data or costs of recovering data beyond its obligations set forth in this paragraph. 3.3 Subsequent Releases of TraCS/TLT Software. DSP shall provide TraCS/TLT software and subsequent releases of same to the Local Enforcement Agency at no charge. 7 3.4 TraCS/TLT Support. (a) Software Support. DSP shall provide software support for TraCS/TLT as needed. (b) Data -related Support. DSP shall provide the Local Enforcement Agency with data -related and reporting support for TraCS/TLT data stored pursuant to this Agreement. (c) Miscellaneous Support. DSP may provide support via telephone, a remote support tool, email, or in -person site visits at its discretion. 3.5 Transmission of Data. DSP shall transmit TraCS data to the appropriate court, state agency, or other entity, including but not limited to citation forms, crash forms, and pursuit forms following the Local Enforcement Agency employee setting the form status to "accepted" or such other status as DSP establishes for Local Enforcement Agency to authorize transmission of data. DSP shall transmit the data described in the previous sentence at least once daily and at times determined by DSP, unless a Force Majeure Event, an unanticipated network or server outage, a hardware or software malfunction, or other disruption interferes with the ability to transmit data. ARTICLE IV — Local Enforcement Agency Covenants 4.1 All Applicable Law Compliance. The Local Enforcement Agency shall abide by all applicable local, state, and federal laws, rules and regulations, with regards to the use of any device accessing Criminal Justice Information or TraCS under the terms of this Agreement. 8 4.2 Criminal Justice Agreement Compliance. The Local Enforcement Agency shall abide by all terms and conditions of the most recent Criminal Justice Agreement executed into between the DOJ and the Local Enforcement Agency. 4.3 FBI CJIS Security Policy Compliance. The Local Enforcement Agency shall use the TraCS system in compliance with the FBI CJIS Security Policy. 4.4 Use of Mobile Devices. If the Local Enforcement Agency uses mobile devices, as defined in the FBI CJIS Security Policy, the Local Enforcement Agency shall have and operate a Mobile Device Management solution as required by the FBI CJIS Security Policy. 4.5 TraCS Access Permitted Only on Agency -Owned Devices. The Local Enforcement Agency shall have a formal written policy restricting TraCS access to agency owned devices and forbidding access and use of TraCS on personally owned or public devices. 4.6 Forms Submittal. Local Enforcement Agency data related to forms available in the TraCS system, including any attached documents, may be uploaded to the DSP-hosted database only via the TraCS software. 4.7 TraCS Availability Issues. In the event TraCS submission or data upload is unavailable to the Local Enforcement Agency, the Local Enforcement Agency may submit the information to WisDOT, the courts, or both, via other approved methods. 4.8 Public Records Ownership and Request Fulfillment. (a) The Local Enforcement Agency shall retain ownership of all records created within TraCS by the Local Enforcement Agency and responses generated as a 9 direct result of the Local Enforcement Agency, including user accounts, account access and audit logs, user activity, query history, and query responses. (b) The Local Enforcement Agency shall respond to any and all public records requests regarding the records listed in par. (a) of this Section. Notwithstanding the foregoing, WisDOT may respond to open records requests relating to crash reports and form DT4000, such action shall not relieve the Local Enforcement Agency of its responsibilities under the open records law and this Agreement. 4.9 Local Enforcement Agency Contact. (a) The Local Enforcement Agency shall designate Local Enforcement Agency personnel for: (i) problem resolution; and (ii) user and software maintenance. (b) The following shall be the Local Enforcement Agency's contact for the responsibilities listed in par. (a) of this Section: Local Enforcement Agency: Local Enforcement Agency Employee: Local Enforcement Agency Address: Local Enforcement Agency City/State/Zip Code: Email: Oshkosh Police Department Tony Neumann 420 Jackson St Oshkosh, WI 54901 tneumann@ci.oshkosh.wi.us Phone Number: (920) 236-5148 10 4.10 Hardware and Related Equipment. The Local Enforcement Agency shall provide and maintain the hardware and related equipment necessary for the use of TraCS/TLT, including the appropriate operating system for the hardware, anti -virus and anti-malware security software, and the Local Enforcement Agency's computer network and software installed on equipment other than TraCS/TLT. 4.11 TraCS/TLT and Other Support. The Local Enforcement Agency shall: (a) provide hardware support for the TraCS/TLT system; (b) provide support for the operating system and other software on all devices that contain the TraCS/TLT system; and (c) routinely cause all its devices that contain the TraCS/TLT system to install security updates to the devices' anti -virus and anti-malware software. 4.12 Modification of TraCS/TLT. As provided in s. 5.1 of the TraCS Sublicense Agreement, the Local Enforcement Agency may not modify TraCS/TLT software. The Local Enforcement Agency may use the TraCS/TLT software's customization features. 4.13 Dissemination of TraCS/TLT Software. As provided in section 1 of the TraCS Sublicense Agreement, the Local Enforcement Agency may not disseminate the TraCS/TLT software to other agencies, entities or persons. ARTICLE V — Renewal, Breach, and Termination 5.1 Renewal. The provisions of this Agreement terminate December 31, 2024 and will not be renewed. It is the intent of the parties that the Badger TraCS Hosted Environment will be available beyond that date, but that use after that date shall be allowed pursuant to a 11 different agreement. Upon termination of this Agreement, neither party has any further rights or obligations under this Agreement, except for the rights and obligations arising out of Sections 5.6 and 6.2. 5.2 Local Enforcement Agency Breach and DSP's Right to Terminate. (a) Breach, and Notice of Breach. DSP may send a Notice to the Local Enforcement Agency regarding breach of this Agreement if any one or more of the following events occurs during the Term of this Agreement: (i) Covenants. The Local Enforcement Agency fails to perform any of its covenants under Article IV. (ii) Failure to Cure. The Local Enforcement Agency fails to cure a breach within 15 calendar days after the Local Enforcement Agency receives a Notice of breach from DSP. (b) Consequences of Breach. If the Local Enforcement Agency breaches this Agreement as described in Section 5.2(a), DSP may: (i) demand a consultation conference as described in Section 5.4; (ii) refuse to provide support to the Local Enforcement Agency until the Local Enforcement cures the breach; (iii) refuse to allow the Local Enforcement Agency to upload any TraCS related data and information until the Local Enforcement Agency cures the breach; or (iv) terminate this Agreement. 12 (c) Effective Date of Termination. If DSP sends a Notice regarding this Agreement's termination as permitted by Section 5.2(a), this Agreement terminates on the first business day more than 30 days after the Local Enforcement Agency receives the Notice or on such other date as the parties may agree in writing. 5.3 DSP Breach and Local Enforcement Agency's Right to Terminate (a) Breach, Notice and Termination. The Local Enforcement Agency may send a Notice to DSP regarding termination of this Agreement if any one or more of the following events occurs during the Term of this Agreement: (i) Covenants. DSP fails to perform any of its covenants under Article III. (ii) Any Other Reason. For any other reason deemed appropriate by the Local Enforcement Agency. (b) Effective Date of Termination. If the Local Enforcement Agency sends a Notice regarding this Agreement's termination as permitted by Section 5.3(a), this Agreement terminates on the first business day more than 30 days after DSP receives the Notice or on such other date as the parties may agree in writing. 5.4 Consultation Conference. Either party may, at any time, request a consultation conference regarding any perceived breach of the duties set forth in this Agreement or upon receipt of a notice of termination under Article 5. Unless otherwise agreed by the parties in writing, the conference shall occur at 10:00 a.m. on the 5th business day following delivery of the request for consultation conference at the State Patrol headquarters in Madison, Wisconsin. The purpose of the conference is the attempt to reconcile any disagreement, to develop mechanisms to cure any breach, and to foster continuation of this Agreement. A party may 13 withdraw a notice of termination as part of, or subsequent to, a consultation conference. The parties may employ a mediator at a consultation conference. 5.5 Consequences of Termination. On termination of this Agreement, neither party has any further rights or obligations under this Agreement, except for rights and obligations arising out of Section 5.6 and 6.2. 5.6 Return of Data. If this Agreement is terminated, WisDOT shall create an export file (s) containing the data DSP hosted for the Local Enforcement Agency. DSP shall deliver the data files to the Local Enforcement Agency, and upon such delivery, shall be excused from any further duty to maintain or store the data. The Local Enforcement Agency shall be responsible, at its expense, for uploading the data into any Local Enforcement Agency database and for storage and maintenance of that data. ARTICLE VI — Miscellaneous Provisions 6.1 Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of the State's Sovereign Immunity. 6.2 Public Records Liability. The parties understand that DSP, as a division of the State of Wisconsin is bound by the public records law, and as such, all of the terms of this agreement are subject to and conditioned on the provisions of Wis. Stat. § 19.21, et seq. The Local Enforcement Agency hereby agrees that it shall be obligated to retain and timely produce its agency's records stored in the Badger TraCS Hosted Environment and that are subject to the Wisconsin Public Records Law upon any request having been made to the Local Enforcement Agency, DSP, WisDOT or to the State. Any failure to timely respond to an open records request shall constitute a material breach of this agreement, and the 14 Local Enforcement Agency shall indemnify, defend and hold DSP, WisDOT and the State harmless from liability under the Wisconsin Public Records Law occasioned by such breach. In the event DSP, WisDOT or the State is required to retrieve and provide public records of the Local Enforcement Agency in response to an open records request that the Local Enforcement Agency did not retrieve and provide to the requestor, the Local Enforcement Agency shall pay twice the actual cost to DSP, WisDOT or the State for the retrieval, redaction and provision of the records to the requestor as liquidated damages for the breach of this Section. 6.3 Nondiscrimination. In connection with the performance of work under this contract, the Local Enforcement Agency agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in Wis. Stat. § 51.01(5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the Local Enforcement Agency further agrees to take affirmative action to ensure equal employment opportunities. The Local Enforcement Agency agrees to post in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of this nondiscrimination section. 6.4 Non -appropriation or Legislative Action. Continuance of this Agreement beyond the limits of funds already available to WisDOT is contingent upon appropriation of the necessary funds, as required by Wis. Stat. § 16.75(3) and upon continuation of WisDOT 15 authority to host Local Enforcement Agency data. In the event of non -appropriation or a determination that WisDOT's authority to host Local Enforcement Agency data is repealed or insufficient, DSP will provide notice to Local Enforcement Agency of the termination of this agreement in the manner set forth in Section 2.3. If DSP sends a Notice regarding termination of this Agreement under this paragraph, this Agreement terminates on the first business day more than 30 days after the Local Enforcement Agency receives the notice or on such other date as the parties may agree in writing. 6.5 Authority to Execute and Bind. Each person signing this Agreement warrants that they are duly authorized to execute this document and to bind their respective State Agency, County Government or City Government to the terms of this Agreement. 6.6 Integration. This Agreement and its attachments contain the entire agreement of the parties and supersede all prior agreements or oral understandings between the parties. 6.7 Wisconsin Law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Wisconsin. 6.8 Severability. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. 6.9 Amendment. This Agreement may be amended only in writing and executed in the same manner as this Agreement. This format shall not be required for matters discussed in Sections 2.3(d) or 2.4. 6.10 Execution. 16 (a) The parties may execute this Agreement in one or more counterparts, each of which is an original, and all of which constitute only one agreement between the parties. (b) This Agreement may be executed physically or by electronic signature in accordance with ch. 137, Wis. Stats. To evidence the parties' agreement to the provisions of this Agreement, each party has executed and delivered it on the date indicated under that party's signature. Wisconsin Department of Oshkosh Police Department Transportation Local Enforcement Agency By: By: Signature of Authorized Official lSignature of Authorized Official Dean Smith Printed Name of Authorized Official Printed Name of Authorized Official Police Chief Title of Authorized Official Title of Authorized Official Date Date 17