Allen County 2-6

Jurisdictions: Allen County, City of Fort Wayne

Topic: Sharing of software system

Date: 1994 May

Purpose: To define the rights and responsibilities of the parties with respect to sharing the expenses and use of certain Spillman Public Safety Software.

Function: Support functions, Software systems

Type: Coordination

Organization: Joint agreement. Governed by City and County Data Boards, and the Spillman Software Board. Joint supply: Parties pay equally for software, personnel, and maintenance.

Duration: Term of contract is from May 11, 1994 to December 31, 1998, regardless of the date of execution of this document. (P. 1) Shall automatically renew for an additional 5 year term unless written notice of intent to terminate is given by either party at least 90 days prior to expiration of the current term. (P. 2)

Services delivered: County shall purchase necessary hardware, contingent on the County's ability to obtain financing as it deems necessary. (P. 2)

Staffing and supplying: Position of Systems Administrator (SA) shall be created to administer this software. Position staffed by agreement of both parties, and each party shall be considered to have the responsibility for one-half of a full time employee. SA may be considered an employee of the Systems and Computer Technology Corporation or any successor agency hired to administer the Allen County Data Process services. (P. 3)

Financing: David M. Griffin and Associates shall be engaged to update the 1991 computer services cost study. Cost of this study shall be paid 50% by each party. Total cost of hardware usage shall thereafter be shared by City and County on a pro rata basis based upon said study. Initial purchase price for software shall be paid 50% by each party. Software costs are set out in greater detail in Exhibit A (not found in our copy). All maintenance fees shall be billed to Information Systems (IS) and IS shall bill each party, who shall then reimburse IS for 50% of these annual costs. (P. 2) Any increase in maintenance or other fees shall only be payable after approval by the Board of Public Works of the city and the Board of Commissioners of the County. (P. 4)

Administration: Both parties shall be fully licensed on the software as primary licensees. All licenses shall also cover extended users including, but not limited to, the cities of New Haven, Grabill, Huntertown, Woodburn, the town marshals and volunteer or township fire departments, and the fire protection districts within or adjacent to Allen County. Charges for services provided to any or all extended users may be assessed, as the parties may agree. (Pp. 2-3)

The City and County Data Boards shall review and approve all matters dealing with the administration of this contract. Said boards shall create the "Spillman Software Board" (SSB) to help administer and to recommend decisions on all non-funding issues. SSB shall be staffed by the following appointments: 2 by the Fort Wayne Chief of Police; 2 by the Allen County Sheriff; 1 by each data board. Systems Administrator shall also be a member. SSB will report to both data boards. Data boards agree to review the recommendations of the SSB and to consider its recommendations when they make their decisions. If either party withdraws from this agreement, that party's 3 SSB appointments shall be eliminated. (P. 3) Each party shall designate certain "Superusers" who shall be trained in each functional public safety area. (P. 3)

Liability: Each party agrees to hold harmless and defend the other against any and all actions, damages, etc., including any attorney's fees which the other's employees may be required to pay, pursuant to this agreement. (P. 5)

Termination: Each party has the option to cancel use of the software upon 30 days written notice to both the remaining party and the Spillman Software Board. In this case, the software license shall revert fully to the remaining party. Canceling party forfeits all financial interests, including initial purchase payments. (P. 4) If funding for the term of agreement is not obtained as agreement progresses, agreement shall terminate with no penalty to either party. (P. 5)