HomeMy WebLinkAboutContract , , ..
CAG-16-203
MEMORANDUM OF UNDERSTANDING BETWEEN THE RENTON POLICE
DEPARTMENT AND SOUTH SOUND 911 FOR ACCESS TO THE REGIONAL
BOOKING PHOTO COMPARISON DATABASE
WHEREAS, South Sound 911 is a governmental administrative agency formed
pursuant to an interlocal agreement under Chapter 39.34 RCW among Pierce County,
the City of Tacoma, the City of Lakewood, the City of Fife, City of Puyallup and Pierce
County Fire Protection District No. 3 (West Pierce Fire & Rescue) (the "South Sound
911 Member Agencies"), for the purpose of providing consolidated public safety
communications services to law enforcement agencies of the South Sound 911 Member
Agencies and other local governments that may contract with South Sound 911 for such
purposes; and
WHEREAS, South Sound 911 is the hosting agency for the Regional Booking
Photo Comparison Database ("Database"); and
WHEREAS, the Database is intended to allow criminal investigators to perform
biometric digital searches against booking photo data; and
WHEREAS, the Renton Police Department would like to have and would benefit
from direct electronic access to the Database; and
WHEREAS, RCW 70.48.100 permits such information to be provided to
qualifying criminal justice agencies (as that term is defined in RCW 43.43.705), which
includes agencies subscribing to the database; and
WHEREAS, South Sound 911 and the Renton Police Department (together, the
"Parties" and individually, a "Party") now desire to enter into this Memorandum of
Understanding (this "MOU") for the purpose of providing access to the Database as set
forth herein;
NOW, THEREFORE the parties hereto agree as follow,
1. This MOU will become effective upon signature of the Executive Director of
South Sound 911 and the Police Chief or designee for the Renton Police
Department, and will remain in effect until terminated by either Party as
provided herein.
2. Each Party recognizes that changes to the applications and the data
connections and exchanges related to the Database will change over time.
When these changes occur, the purpose of the change, the nature of the
change along with the data elements impacted and the costs and funding
South Sound 911—Renton Police Department—MOU—Access RBPC Page 1 of 3
South Sound 911 Contract# 2t'�l l.� — �,�
sources to support these changes will be agreed upon and dacumented as
an addendum to this MOU.
3. This MOU may be terminated, without cause, by either Party upon written
notice to the other Party af at (east thirty (30) calendar days. This MOU may
be immediately suspended or terminated by either Party upon written notice
if the other Parky has or is reasonably suspected to have unlawfully
disseminated ar used information made available under this MaU.
4. South Sound 911 is respansible far all changes to the Database.
5. Each Part}r will caoperate in the wark necessary ta test the initial
implementatian and any subsequent madification necessary to access the
Database.
6. Each party shal! make reasonable efforts to ensure the accuracy of
ir►formation contributed, but such efforts do nat guarantee that the data is
aecurate. The use af, and reliance on infarmation contained in the Database
is at the sole risk o€each Party.
7. Each Party is responsible for providing the information security measures
appropriate to safeguarding the data shared between the Renton Police
Department and the Database. Data transmitted to and from the Renton
Police Department to the Database shaN be via Secure Sacket Layer (SSL}
over the IntraGovernmental Network (IGN).
8. Each Party agrees that it wil! disseminate information made availabls under
this MOU only to criminal justice agencies as that term is defined in RCW
43.43.705 and only for the purposes set forth herern and in RCW 70.48.100,
or as atherwise required by law.
9. No unauthorized or unofficial use of data exchanged under this MOU is
permitted. Both Parties shali comply with RCW 7Q.48.100 and any other
applicable state or federal law in regard ta dissemination of data. Each Party
is responsible for training its employees authorized to access the infarmation
provided under this MG►U regarding the use and disseminatian af infarmation
obtained from the Database.
10. Each Par#y assumes responsibility and liability for the acts and omissions of
its emplc�yees, officers, and agents in the perfarmance of this MOU or in
enjoying the benefits of this MQU. The Renton Palice Department agrees to
defend, indemni#y, and hold harmless South Sounct 911, its Member
Agencies and its officers, agents, and employees from and against any loss,
claim, ar liability arising fram or out of#he negligent, reckless, or wrongful
acts or omissions af the Renton Palice Depa�tmer�t and its employees,
officers, and ager�ts or its misuse of data, informatian, or violation of the rules
South Sound 913 -Renton Police Department-MOU-Access RBPC Page 2 of 3
South Sound 411 Contract# �1��} - �{'g
of the Database. South Sound 911 agrees ta defend, indemnify, and hold
harmless the Renton Police Department, and its officers, agents, and
emp(oyees from and against any loss, claim, or liability arising from ar aut of
the negligent, reckiess, or wrongful acts or omissions of South Sound 911
and its empioyees, afficers, and agents or its misuse of data, information, or
vialation of the rules of the Database. (n cases of joint liabiiity, liabi(ity sha�l
be apportioned between the parties ar ather defendants in accordance with
the laws afi the State of Washingtan.
The foregaing pravision specifically and expressly intends to constitute a
waiver of each Party's immunity under industrial insurance, Title �1 RCW, as
respects the other Party only, and anly ta the extent necessary to provide a
Party with a full anc! complete indemnity of claims made by the o#her Party's
emplayees. This waiver has been mutuafly negatiated. The indemnificatian,
protectiort, defense and hoid harmiess obligations can#ained herein shall
survive the expiration, abandonment or termination of this MQU. Nothing
contained within this provision st�ail affect andlor alter the application of any
other provisian contained within this MC?U.
SOUTH SOUND 911 RENTON POLICE DEPARTMENT
�
� �/ �,{
� � �'' � �"��-"�h I�,C.V1� !"4���V�Ct3'
Andrew E. Neiditz �"r Date Print Name: Date
SS911 Executive Director �����, �y-r�-�
Prin i�le: ����`
Approved as to Farm: Approved as ta Form:
`�'��'����,���-��—_ a�.�.,,.,-+�{���L`'�`— I�"�17.��1(�
� __
Peter Beckwith Date Print Name: Date
SS911 Legal Advisar �� `,`;���,,.,,� � ,, �)�,���.�;�
Print Title:
���v ��-�e.:����
.a �-1
Sauth Sound 9l] —Renton Poiice Department—MOU—Access RBPC Page 3 of 3
South Sound 9l 1 Cantract#��(„g —D��