Loading...
HomeMy WebLinkAbout5.751 Original Contract . " ... 5. 7S J WSP No. C060551 GSC WASHINGTON STATE PATROL IDENTIFICATION AND CRIMINAL HISTORY SECTION LIVE-SCAN TO AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM CONNECTION USER'S AGREEMENT ~ THIS AGREEMENT, entered into between the Washington State Patrol (hereinafter referred to as 'WSP"), an agency of the State of Washington; and Port Angeles Police Department, (hereinafter referred to as "the User"), witnesses that: 1. WSP is an agency of the State of Washington authorized by law to establish and operate an Automated Fingerprint Identification System (hereinafter referred to as "AFIS") capable of, but not limited to, reading, classifying, matching, and storing fingerprints and to maintain criminal history record information based on fingerprint identification. AFIS is a state-funded system comprised of a central computer processor located at the Department of Information Services (DIS) in Olympia. The criminal history repository is known as the Washington State Identification System (WASIS) and maintained by the WSP in Olympia. 2. The User operates live-scan fingerprinting equipment to capture fingerprint images and related information of a person arrested, registering as a sex or kidnapping offender, and/or applying for licensing or employment pursuant to a state or local requirement. 3. The User will submit the fingerprint images and the related information electronically to the WSP for the purpose of identification and, when applicable, inclusion in the AFIS and WASIS databases. 4. The User agrees to comply with all applicable federal and state laws, regulations, rules, and procedures, and to assume certain costs. .WSP retains full control over the management and operation of AFIS and WASIS. The User shall operate their live-scan equipment and otherwise conduct itself in strict compliance with applicable Washington Grime Information Center (WAGIC), A Central Computerized Enforcement Service System (ACCESS), WASIS, and AFIS User's Agreements. All policies, procedures, and operating instructions presently contained in the current WACIC, ACCESS, WASIS, and AFIS operating manuals, published by WSP, are hereby incorporated into and made a part of this agreement except to the extent that they are inconsistent with anything found herein. NOW THEREFORE, in light of the foregoing representations and the promises, conditions, and other valuable considerations more fully set out or incorporated herein by reference, the parties, by their duly authorized officials, do mutually agree as follows: 1. The WSP, through the Washington InterGovernmental Network (IGN), will furnish the user, a criminal justice agency as defined in RCW 10.97, with such criminal justice information as is available in WASIS and AFIS files. WSP will serve as the WSP LIVE-SCAN TO AFIS CONNECTION USER'S AGREEMENT January 15, 2001 means of exchange of computerized criminal history information and fingerprint data. 2. The network connection will be made through the IGN administered by OIS. This network and local networks will meet the requirements of the National Crime Information Center (NCIC) Security Policy. The operation and maintenance of the IGN is the responsibility of OIS. The User shall notify WSP of sustained or repeated network problems that affect AFIS service. 3. The User agrees that the WSP will provide authorization for access to the WSP databases with certain restrictions depending on system capabilities and assigned status as follows: A. Local live-scan sites will submit fingerprint images and related information for identification search and inclusion in the WSP AFIS and criminal history database. B. The User agrees to comply with statutory mandates concerning the submission of criminal and civil fingerprint submissions to the state repository (WSP). 4. The User agrees that only WSP site or authorized remote sites may permanently register fingerprints into the WSP databases. 5. Policies including, but not limited to, a schedule for accessing the AFIS database will be provided by the WSP AFIS Coordinator or designee. Such policies shall define the basis and procedures for conducting routine and emergency comparison of fingerprints against the AFIS databases. 6. The User shall take necessary measures to make its live-scan equipment and system secure and prevent unauthorized use. WSP reserves the right to object to equipment security measures and to suspend or withhold service until such matters are corrected to the reasonable satisfaction of WSP. 7. The User agrees to pay all personnel, operating, maintenance, and data transmission costs; to submit fingerprints as required under state statute or local ordinance; and to pay the costs and maintenance related to an interface between the local records management system and live-scan equipment. 8. The User agrees to assign a live-scan coordinator to serve as the primary contact person for the User in Live-Scan to AFIS Connection related issues. The User also agrees to notify the WSP immediately, in writing, of any changes in this position. 9. WSP agrees to schedule and provide training of equipment and procedures to User personnel at locations and times arranged by WSP. Equipment operation training may be supplied by WSP or the equipment provider. WSP LIVE-SCAN TO AFIS CONNECTION USER'S AGREEMENT January 15, 2001 2 10. The WSP fingerprint and criminal history databases shall be accessed and utilized only in conjunction with the administration of criminal justice as authorized by laws governing criminal history dissemination. 11. The WSP fingerprint identification or criminal history information record shall not be further disseminated by the user to any other person or (private or public) entity, except as required by criminal proceedings or pursuant to state dissemination laws. TERMINATION This agreement is without term; however, the parties agree that it shall be terminable upon the same grounds and upon the occurrence or non-occurrence of such events as operate to suspend, annul, or void any other long-term contract entered into by a public agency. Moreover, WSP may suspend further performance of services hereunder when, in its reasonable estimation, the User has breached any material term of the agreement. For the purposes of this paragraph and this agreement, the violation of any specific term of this agreement or of any substantive requirement or limitation imposed by the federal or state statutes, regulations, or rules incorporated into this agreement shall be deemed a breach of a material term of the agreement. INDEMNIFICATION The User agrees to indemnify and save harmless the State of Washington, the Washington State Patrol and its employees from and against any and all claims, demands, actions, suits, including but not limited to, any liability for damages by reason of or arising out of any misuse of the AFIS or criminal history databases, erroneous fingerprint identifications made by user personnel, or any cause of action whatsoever, and against any loss, cost, expense, and damage resulting therefrom, including attorney's fees. IN WITNESS THEREOF, the duly authorized officials of the respective parties have executed this written agreement on the day and year first hereinabove written. DATE /0...../ / -~L<::"' USER AGENCY BY\ t/~ J e. ~'~"iJ TITLE<::?); e-f 0 ~ ~ l( (C? - APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 7/25/05 WSP LIVE-SCAN TO AFIS CONNECTION USER'S AGREEMENT January 15, 2001 ~I"" . ~,. ~ 3