HomeMy WebLinkAboutContract WSP No. C 110724GSC
WASHINGTON STATE PATROL
LIVE-SCAN TO WESTERN IDENTIFICATION NETWORK AUTOMATED FINGERPRINT
IDENTIFICATION SYSTEM(WIN AFIS)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 the Renton 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 WSP in Olympia. The criminal history repository is
known as the Washington State Identification System(WASIS)and maintained by WSP in Olympia.
2. WSP has entered into an agreement with the Western Identification Network(WIN)for AFIS
services. The WIN AFIS is a multi-state funded system comprised of a host system presently located
in Rancho Cordova,California(the WIN Central Site)with remote input stations and booking
terminals in member states as authorized by the WIN Board of Directors.
3. 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, or applying for
licensing or employment pursuant to state or local requirements("Applicant Submissions").
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. WSP will furnish the User,a criminal justice agency as defined in chapter 10.97 RCW, with such
criminal justice information as is available in WASIS,AFIS and WIN AFIS files. WSP will serve as
the means of exchange of computerized criminal history information and fingerprint data.
2. The network connection will be made via an e-mail server administered by WSP. This network and
local networks will meet the requirements of Criminal Justice Information Services(CJIS) Security
Policy. The User shall notify WSP of sustained or repeated network problems that affect this
service.
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,WASIS and WIN AFIS
databases. For Applicant Submissions requiring a fee,the User agrees to establish a fingerprint
services billing account with WSP. By establishing a billing account for fingerprint image
submissions,the User agrees to collect,hold,and reconcile fees charged by WSP for the type of
applicant fingerprints submitted by the User. If a transmission is sent in error,the User is still
responsible for all fees associated with the transaction type.
4. The User agrees that WSP will provide authorization for access to the AFIS, WASIS and WIN AFIS
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 AFIS,WASIS and WIN AFIS databases.
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B. The User agrees to comply with statutory mandates concerning the submission of criminal and
civil fingerprint submissions to WSP.
5. The User agrees that only the WSP site or authorized remote sites may permanently register
fingerprints into the AFIS, WASIS and WIN AFIS databases.
• 6. The WSP AFIS Coordinator or designee will provide the User with policies including,but not
limited to,a schedule for accessing the AFIS,WASIS and WIN AFIS databases. Such policies shall
define the basis and procedures for conducting routine and emergency comparison of fingerprints
against these databases.
7. 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.
8. The User agrees to pay all personnel, operating,maintenance,and data transmission costs; to submit
fingerprints as required under state statutes or local ordinances; and to pay the costs and maintenance
related to an interface between the local records management system and live-scan equipment.
9. 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 WSP immediately, in
writing,of any changes in this position.
10. 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.
11. The User shall access and utilize AFIS,WASIS and WIN AFIS databases only in conjunction with
the administration of criminal justice as authorized by laws governing criminal history
dissemination.
12. Fingerprint identification or criminal history information records provided to the User under this
Agreement shall not be further disseminated by the User to any other person or(private or public)
entity, except as required in criminal proceedings or pursuant to state or federal law.
PERIOD OF PERFORMANCE
This Agreement becomes effective on the date of the last signature and continues until June 30,2015 or
until termination as provided herein.
COMPLIANCE WITH LAWS,REGULATIONS AND PROCEDURES
The User agrees to comply with all applicable federal and state laws,regulations,rules,and procedures,
and to assume certain costs associated with the User's use of the services described herein. The User
shall operate livescan equipment and otherwise conduct itself in strict compliance with applicable policies
and procedures published by WIN and WSP including: the Policies and Procedures of WIN AFIS as
currently in force; the Washington Crime Information Center(WACIC)Manual;the A Central
Computerized Enforcement Service System(ACCESS)Manual and ACCESS User Agreements;the
Washington State Identification Section(WASIS)Manual, and the policies and procedures identified in
this Agreement. •
The Policies and Procedures of WIN AFIS are hereby incorporated into and made a part of this
Agreement except to the extent that they are inconsistent with anything found herein. The User will
comply with related FBI Criminal Justice Information Services Security(CJIS)Policy and other security
practices adopted by WIN as these relate to AFIS,WASIS and WIN AFIS.
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SUSPENSION AND TERMINATION
WSP may suspend further performance of services hereunder when,in its reasonably estimation,the User
has breached any material term of the Agreement. For the purposes of 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.
WSP may terminate this Agreement if the User commits any material breach of any term of this
Agreement,which breach is not cured within thirty(30)business days after receipt of notice from WSP.
Both parties may,by mutual agreement,terminate this Agreement on terms then acceptable to them.
Upon termination of this Agreement for any reason,each party shall promptly return to the other any
property that belongs to the other party. With respect to hardware or software products that are the
property of WSP or WIN,the User shall promptly return such property to WSP.
Neither WIN,WSP nor the User shall be liable for(i)any indirect, incidental,consequential or special
damages under this agreement arising solely from the termination of this Agreement in accordance with
its terms.
HOLD HARMLESS
The User agrees to hold harmless the Western Identification Network and its employees; and 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,WASIS and WIN AFIS 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 attomey's fees.
This agreement replaces any previous agreement between WSP and the User on this subject.
IN WITNESS THEREOF,the duly authorized officials of the respective parties have executed this
written Agreement.
USER A ENCY {� WASHING STATE PAT OL
BY s M'1'` '
TITLE Y01A CC- Gft)
DATE 'f L-� I J 'VO
APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 6/2/2010
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