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C. Data Ownership. City of Everett/EPD is the legal owner of ALPR data collected by <br />EPD's ALPR system. Receiving Agency owns ALPR data from EPD ALPR cameras <br />that is collected by Receiving Agency's ALPR system. EPD has no obligation to <br />maintain or retain Receiving Agency's ALPR data. <br />D. Certification of Receiving Agency. Receiving Agency certifies that it has reviewed <br />ESSB 6002, has adopted policies and procedures governing use of ALPR systems <br />and ALPR data consistent with ESSB 6002, and has appropriately trained all officers <br />and staff who will access EPD's ALPR data. <br />E. Audit Trail Data. Receiving Agency will maintain audit trail data documenting all <br />its access to EPD's ALPR system. Copies of audit trail data will be provided to EPD <br />upon EPD's request. Receiving Agency will retain all audit trail data for at least <br />two years. Audit trail data must at minimum include all items required under <br />ESSB 6002 (Section 8). This section survives termination of this Agreement. <br />F. Release and Indemnification. The City of Everett provides access to EPD's ALPR <br />system without any warranty. Receiving Agency waives and releases any and all <br />rights and claimsfor damages, including attorneys' fees, against the City of Everett <br />and its elected officials, employees, volunteers, and agents for any damages <br />arising from or relating to Receiving Agency's access to the EPD's ALPR system or <br />to Receiving Agency's use of ALPR data from EPD's ALPR system. Receiving Agency <br />shall defend, indemnify and hold harmless the City of Everett, its elected officials, <br />employees, volunteers, and agents from any and all claims, costs damages, <br />judgments, awards of damages, and expenses (including without limitation <br />reasonable attorney's fees) in whatever form or nature, known or unknown, <br />foreseen or unforeseen, arising from or relating to Receiving Agency's access to <br />the EPD's ALPR system or to Receiving Agency's use of ALPR data from EPD ALPR <br />system. This section survives termination of this Agreement. <br />G. Agreement Term and Termination. <br />1. The initial term of this Agreement is stated in the table at the beginning of <br />this Agreement. This Agreement will automatically extend for additional <br />one-year extension terms until terminated at set forth in the subsection <br />below. <br />2. Either the City of Everett or the Receiving Agency may terminate this <br />Agreement with 60 days prior written notice to the other party. In <br />addition, the City of Everett may terminate this Agreement effective <br />immediately if the City of Everett determines that the Receiving Agency is <br />not complying with the terms of this Agreement. The City of Everett may <br />also terminate this Agreement effective immediately if the Office of the <br />Attorney General determines that the Receiving Party's ALPR system or the <br />Receiving Party's use of its ALPR system violates or is inconsistent with <br />ESSB 6002. <br />H. Miscellaneous Provisions <br />2 <br />