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MEMORANDUM OF UNDERSTANDING This document is intended to memorialize the understanding of the following agencies regarding the exchange and preservation of confidential law enforcement information: 1. Nez Perce Tribal Police Department 2. Lewiston Police Department 3. Nez Perce County Sheriff 4. Columbia County Sheriff 5. Idaho County Sheriff 6. Garfield County Sheriff 7. Whitman County Sheriff 8. Pullman Police Department 9 Washington State University 10. Asotin County Sheriff 11. Asotin Police Department 12. Clarkston Police Department 13. Moscow Police Department 14. Latah County Sheriff 15. Clearwater County Sheriff 16. Lewis County Sheriff The Nez Perce Tribal Police Department has purchased Spillman Data System (Insight) Computer software and related hardware to assist the combined agencies with data sharing. This software and hardware has been acquired with grant funds that also cover maintenance costs (including Spillman subscription fees) for all of the above-listed agencies for a period of three years. Once the grant monies have been exhausted, each participating agency will be expected to pay an equal share of the annual fees as a condition of continuing with this relationship. The Whitman County Sheriff's Office, via Whitcom, will house the main server required for the data sharing system. Whitcom shall assign a computer systems specialist to operate, maintain and monitor operation of the main server and will be responsible for day to day operations and maintenance of the INSIGHT server without cost to the other agencies. Repair or replacement costs beyond routine maintenance and normal wear and tear will be shared equally by the parties. It is anticipated that the parties will share information from each agency's data base including, but not limited to, names tables, vehicles tables, property tables, property/individual booking photographs and law incident tables. Each agency retains the right to partition or restrict access to such data as it deems appropriate (i.e. particularly sensitive cases, etc.). Use of the information contained in the Spillman Data System is for law enforcement purposes only. Unless otherwise required by law, no agency shall disclose information contained in the Spillman Data System to any other person, without the consent of the agency creating the information. An agency disclosing information without the creating agency's consent shall defend the other agencies from lawsuits for wrongful disclosure of information and hold other agencies harmless for any damages resulting from the wrongful disclosure of information. MEMORANDUM OF UNDERSTANDING: 1 2006-08 ---PAGE BREAK--- Each undersigned agency shall ensure that frrewalls (including protection via a Virtual Private Network (VPN),) remain in place to protect confidentiality of the shared information from any party outside the agreement. Each agency will also assign a contact person, preferably their Spillman or Information System's Administrator. The term of this agreement shall be from March 31 2006, through March 31 2009. This agreement shall automatically renew thereafter on a year to year basis as to each party unless such party notifies the other member agencies of its intent to not renew. Notice of non renewal must be given no later than thirty (30) days prior to the renewal date. Additionally, each party reserves the right to withdraw from this agreement at any time by giving thirty (30) days written notice to the other member agencies. Withdrawal, termination or non-renewal does not relieve a party of its obligation to pay its pro-rata share of incurred charges described herein, nor does it release a party from its responsibilities in regard to confidentiality or indemnification. The agencies agree that Wbitcom may suspend, without notice, the privileges of any member agency to obtain information through INSIGHT if Wbitcom has reasonable cause to believe that that agency has violated any provision of this understanding, including the confidentiality protections and payments of fees. In such event, or in the event of an alleged breach of the terms of this understanding for which Wbitcom has elected to not impose an emergency suspension, Wbitcom will provide written notice of the circumstances to all member agencies. A meeting will then be scheduled within a reasonable amount of time (lmd in no event, more than thirty days after the notice) to afford the accused agency the opportunity to explain or rebut the allegations of breach. The decision on whether the accused agency will be allowed to continue as a member or be terminated will be decided by majority vote of the member agencies represented at such meeting. Additional agencies may be allowed to participate in this MOU by majority vote of existing members. Any such agency approved to join in this MOU must first negotiate on their own with Spillman to purchase INSIGHT and/or any other hardware/software needed for that agency to participate, and agree in writing to all portions of this MOU. The same procedures apply to the readmission of any member agency that withdraws, fails to renew or is terminated. The terms of this MOU may be amended at any time by majority vote of then existing members. MEMORANDUM OF UNDERSTANDING: 2 ---PAGE BREAK--- Signature Page The undersigned agency/government agrees be bound by the terms and conditions of the Interagency Spillman-INSIGHT Project Software Sharing MOU. MEMORANDUM OF UNDERSTANDING: 3