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PRHSPSC PKT 08-08-2005 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & .PUBLIC SAFETY COMMITTEE Monday, August 8, 2005 5:30 p.m. CitYJ-'Iiill Hylebos..Conf~~ynR~iRoQ~p, 1. CALL TO ORDER 2. PUBIJC FORUM 3. COMMISSION COMMENTS 4. APPROVAL OF JULY 11,2005 SUMMARY 5. COMMITTEE BUSINESS A. Federal Way Festival Days Information B. Resolution Relating to the Adoption ofthe National Incident Management Systcm Action C. Cancel thc 2005 CDBG Allocation to Federal Way Community Center for Senior Nutrition & Hcalth Improvement Project and Reallocate the Funds Action D. Proposed Ordinance Amending Chapter 6, Article I, Section 6-9 of the Federal Way City Code to authorize the Court to order restitution in IIit and Run cases Action E. Proposed Ordinance Amending Chapter 2, Article m, Sections 2-50 And 2-51 of the FWCC for the appointment of Commissioners Action F. Target Corporation Grant/Donation Award Action G. MOU Among the Participating Law Enforcement Agencies Forming a Regional Automated Information Network (RAIN) Action H. MOU betwecn the City of Fedcral Way Police Dept. and the City of Federal Way Information Technology Department on Security Clearances for Current Employees or Long Term Contractors having or seeking Access to Police Software Applications and Databases Action J. MOU Among the Naval Criminal Investigative Service And Participating Federal, State, County and Municipal Agencies for an Information Sharing Initiative known as The Law Enforccment Information Exchange (L1nX NW) Action 6. PENDING ITEMS . Community Center . Armstrong Property . Thompson Property . Animal Control . Hylebos Park . Transitional Housing . Fireworks 7. NEXT MEETING - September 12,2005 - in the Hylebos Conference Room 8. ADJOURNMENT --, - 2005 Committee Members: Jeanne Burbidge, Chair Jack Dovey Jim Ferrell Matheson Roe Allen-Mpyisi Richardson Richardson Kirkpatrick Kirkpatrick Kirkpatrick Kirkpatrick Staff: Donna Hanson, Director Mary Jaenicke, Administrative Assistant 835-690] City of Federal Way City Council I>ARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, July I], 2005 5:30 p.m. SUMMARY In attendance: Council Committec mcmhers Chair Jeanne Burbidge, Jim Ferrell, Jack Dovey, Deputy Mayor Kochmar, David Moseley, City Manager, Derek Matheson, Assistant City Manager, Anne Kirkpatrick, Director of Public Safely, Karen Kirkpatrick City Attorney, lwen Wang, Director of Management Serviccs, Kelli O'Donnell CDBG Coordinator, Donna Hanson, Director PReS, Mary Faber, Reereation & Cultural Services Superintendent, Mary Jaenicke, Administrative Assistant Guests: H. David Kaplan, Jean Warmbo, Hclen O'Brien, Steven Schrantz, Victoria Doyle, Jack Huster, Sally Hurst, Citizens; Bonnie Knight-Graves, Arts Commission. Chair Burbidge called the meeting to order at 5:34p.m. Council member Dovey moved to add item D, which is Centerstage Theatre Arts Conservatory Funding to the agenda. Council member Ferrell seconded. Motion passed. PUBLIC FORUM H. David Kaplan: Mr. Kaplan stated that this was the worst year ever for fireworks. lIe suggested the city implement an education program on fireworks. There are many ways to educate the eommunity. H. David Kaplan, Jean Warmbo, and Helen O'Brien: Spoke regarding the severe breaking and cntering, and vandalism that is occurring in their neighborhood. They have scheduled a neighborhood watch program meeting on July 13 at 7:00pm at the 320110 Library. They would like to have a representative from the Poliee Department at that meeting. They want to know what citizens can do to make their homes safer, and what can the poliee do for the citizens. Steve Schrantz and Victoria Doyle: Spoke in support of restoring Dumas Bay Park, and bringing back the bird wildlife sanctuary that was once there. It was also stated that a vacant lot adjacent to the park has bcen sold to a builder. AU building codes need to bc adhered to. Chief Kirkpatrick stated she would be updating Council at the July 19 meeting regarding the fireworks. During thc 24~hour period thc Public Safety Department handled 336 total calls for service. There were 110 fircwork complaints. 36 warnings were issued, 35 they were unable to locate, and 39 calls were for an arca check only. They collected 55 pounds of fireworks. COMMISSION COMMENT Bonnie Knight-Graves: Chair of the Arts Commission updated the committee on summer projects that the Commission was currently working on. One of those projects was the 4th of July eclebration. The other project currently running is the Summer Sounds on the Reach concert series. APPROVAL OF SUMMARY Council members Dovey and Ferrell moved to accept the June meeting minutes as written. Motion passed. BUSINESS ITEMS Proposed CDBG Allocation Process Ms. O'Donnell reported that the City Couneil rccently adopted the Interlocal Agrecment for the 2006-2008 application for CDBO. 'fhis was a very lengthy proccss that delayed the normal allocation process. Under the new agreement, the City will bc limited to two stand-alone capital projects with only one that can be a eonstruction project and one that is not construction. They can also alloeatc funds to projeets that are currently undcrway. Staff is rccommending to nol open applications for 2006 CDBG capital projects. Thcre are two projects that are currcntly funded that will likely be funded for 2006. Those two projects are improvements at thc ncw Federal Way Community Centcr that would bencfit seniors, and the Employee Developmcnt Scrviees program at the Multi- Service Ccnter. Council member Fcrrcll is a member of the board at the Multi~Service Center and recused himself. Council member Dovey moved to forward option 1 which is to not open for applications for 2006 CDBG capital projects. Identify existing projects that qualify for funding, and forward to the full City PARKS, RECREA nON, HUMAN SIW.VICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday July 11,2005 Summary Page 2 Council for consideration at the July 19,2005 City Council meeting. Council member Hurbidgc seconded. Motion passcd. 2005 Dry Cleanine Proiect Chief Kirkpatrick reported that an RFP lor dry cleaning scrviecs was issued on May 21,2005. Three proposals were received. The proposals were evaluated, and Bel Custom Cleaners was the most responsive and provided the lowest bid. However, Bel Customs Cleaners did not rcceive favorable references. The Departments current cleancrs, Regcncy Cleaners was also responsive, but their bid was slightly higher. Regeney Cleaners has provided acceptable services and has been responsivc to the dcpartment's requests. The Department is requesting to use Regeney Cleaners. Council member Ferrell movcd to follow the recommendation of staff analysis and recommend that the City enter into a two-year contract with Regency Cleaners, and forward to full council at the July 19, 2005 regular meeting to authorize the City Manager to enter into a new two-year contract (August 1, 2005 through August 1, 2007) with Regency Cleaners. Council member Dovey seconded. Motion passed. Proposed Ordinance Amendinl! Chapter 2, Article HI, Section 2-54 of thc Fcderal Way City Code to provide for the Certification of 7 candidates on the police EIieibiIity Record Ms. Kirkpatrick stated that this proposed Ordinance is to amend the current Federal Way City Code to allow certification of seven candidates on the police cligibility register. There has been minimal change to the Code language. The eurrcnt Code certification rule is for five candidates, and they are changing it to seven candidates to comply with current law. Council member Dovey moved to recommend approval of the proposed Ordinance and forward to full Council for the first reading at the July 19,2005 City Council Meeting. Ferrell seconded. Motion passed. Centerstae:e Theatre Arts Conservatory Fundine Ms. Faber stated that Centerstage presented a proposal, and indieated that they were interested in managing Knutzen Family Theatre operations. Their proposal included moving into the Theatre, managing thc Theatre and eliminating the rent. Staff spent a number of months reviewing their finaneial information, meeting with them and discussing differcnt options. City of Federal Way staff was concerned about their financial stability, and their capability of managing the Knutzen Family Theatre operations. Staff has learned that Centcrstage is not finaneially stable at this time. A onc-year increase in funding to support Centerstage to assist with the budget gap would allow Centerstage to regain its finaneial stability under the new leadership. The Arts Commission decided to recommend to Council to increase Centcrstages Contract For Services award amount from $8,000 to $18,000 for 2005, and adding $5,000 to their award amount in 2006. Couneil mcmber Dovey asked if the Arts Commission would be coming back in two years asking for additional funding for their Cultural Plan? Ms. Faber answered that the Arts Commission fclt very eomfortable that they eould still do their Cultural Plan. Council member Dovey moved to provide an additional $10k of funding through the Contract for Services Cultural Arts Programs for 2005 (the total contract would be $18,000) and $5,000 in 2006 as a one-time solution to assist with stabilizing the CS budget, and forward to the fuII City Council on July 19 for approval. FerrclI seconded. Motion passed. PENDING ITEMS Fireworks will be added to pending items. ANNOUNCEMENTS II. David Kaplan slated he would be willing to assist with the written materials, if Council decided to implement an education program for fireworks. NEXT MEETING - August 8, 2005 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 6;30p.m. 5.0 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: August 8, 2005 FROM: SUBJECT: Resolution relating to the Adoption of the National Incident Management System Parks, Recreation, Human Services & Public Safety Council Committee David M~Manager Cary Roe, Pulri'~ ~ o~ks Director ~ Policy Question Should the City of Federal Way adopt a resolution relating to the adoption of the National Incident Management System? Background The City of Federal Way currently uses the Incident Command System specified in the Department of Homeland Security's National Incident Management System. (NIMS) The National Incident Management System (NIMS) is used to coordinate efforts among all federal, state, local and tribal agencies for the highest levels of incident command in the event of an emergency. The City of Federal Way recognizes the need for a single, standardized incident management system to be used by all government agencies. In adopting NIMS, the City will bc complying with a federal mandate to do so. Complying is necessary to remain eligible for federal assistance in Presidentially declared disasters, and maintain eligibility to apply for homeland security grant opportunities. Adopting NIMS will continue the city's consistency with its partner agencies involved with the Greater Federal Way Emergency Operations Center (GFW EOC) and other local, regional, state, and federal agencies. Attached is a resolution to adopt the National Incident Management System. Options 1. Motion to approve the resolution to adopt the National Incident Management System and forward to full council for consideration at its September 6, 2005 meeting. In adopting NIMS, the City will be complying with a federal mandate to do so. Complying is necessary to rcmain eligible for federal assistance in Presidentially declared disasters, and maintain eligibility to apply for homeland security grant opportunities. Adopting NIMS will continue the city's consistency with its partner agencies involved with the Greater Federal Way Emergency Operations Center (GFW EOC) and other local, regional, state, and federal agencies. K:\COUNCILlf'S-f'arks Cmte\2005 AdoptionoftheNational IncidentM anagementS ystem-Augll,2005 .doc PG I \3-\ 2. Do not approve the Resolution to Adopt the National Incident Management System. In not adopting NIMS, the City will not be complying with a federal mandate to do so and will not remain eligible for federal assistance in Presidentially declared disasters, or remain eligible to apply for homeland security grant opportunities. Not adopting NIMS will cause the city to no longer be consistent with its partner agencies involved with the Greater Federal Way Emergency Operations Center (GFW EOC) and other local, rcgional, state, and federal agencics. Staff recommendation Staff recommends option 1; approve the resolution to adopt the National Incident Management System and forward to full council for consideration at its September 6, 2005 session. Committee recommendation Forward option (1) to the full City Council for approval on September 6,2005 K:\COUNCIL IPS-Parks Cmte\2005AdoplionoftheNationallncidentManagcmcntS ystcm-AugR,2005 _doc b--L PG2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO THE ADOPTION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM. WHEREAS, the City of Federal Way currently uses the Incident Command System, as referenced in the Department of Homeland Security's National Incident Management System; and WHEREAS, as a component of the National Incident Management System, the Department of Homeland Security requires that federal, state, tribal, and local agencies adopt the system inorder for these agencies and their personnel to coordinate efforts to effectively and efficiently provide the highest levels of incident command in the event of a homeland security emergency, whether related to acts of terrorism or natural, manmade, or technological disasters; WHEREAS, the City of Federal Way recognizes the need for a single, standardized incident management system to be used by all government agencies and disciplines in the event of an emergency and desires to adopt the National Incident Management System; NOW THEREFORE, the City Council ofthe City of Federal Way, herby resolves as follows: Section 1. National Incident Management System - Adopted. The City of Federal Way adopts the National Incident Management System, a copy ofwhich shall remain on file with the City Clerk's Office, which shall be used by Emergency Response Provider personnel for all homeland security incidents and drills whether related to acts of terrorism or natural, man-made, or Res. # , Page 1 b--~3 technological disasters. Section 2. Severability. If any section, suhsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2005. CITY OF FEDERAL WAY MA YOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC Res. # , Page 2 "b-LJ APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Revised: 1/9/04 Res. # , Page 3 .b.~S :jc L- CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: July 28, 2005 '-Y_ () () .. Kelli O'Oonn I, C BG Coordinat~c;vI- David Mosel I Manager Cancel the 2 05 COBG Allocation to Federal Way Community Center for Senior Nutrition & Health Improvement Project and Reallocate the Funds Policy Question: Should the 2005 Community Oevelopment Block Grant (COBG) allocation of $89,825 to the Federal Way Community Center for Senior Nutrition & Health Improvement Project be canceled and funds reallocated per the 2005 COBG Contingency Plan? Background: As outlined in the attached Human Services Commission memorandum (Attachment 1), the kitchen, senior lounge and one community room were planned to be dedicated for senior use from 8:00 a.m. to 5:00 p.m. Monday through Friday with COBG funds used to pay for the portion of the Community Center attributable to seniors. The business plan for the Community Center calls for these rooms to be used for rental income outside of the hours dedicated for senior use. Federal regulations requires that revenue for the portion of the facility assisted by COBG be tracked and returned back to the COBG program as program income and require that fair market rents be charged. The regulations allow for the deduction of operating and maintenance costs for the rental space. It is expected that the spaces will generate revenue over the operating and maintenance cost that is intended to be used for the operation of the entire facility. This requirement makes the use of COBG funds for the senior improvements to the Federal Way Community Center a negative business decision. The business plan for the Community Center has an aggressive revenue expectation for the rental program to assist with overall building expenses. Canceling the project now will allow for the funds to be recaptured in time to be reallocated per the 2005 COBG Contingency Plan. The Parks, Recreation, and Cultural Services Oepartment will look to replace the COBG funds through a capital campaign or the project contingency funds. A thirty-day public comment period is required prior to formally canceling the project and re- allocating the $89,825 per the 2005 COBG Contingency Plan. The Contingency Plan lists the Federal Way Housing Repair Program as the first priority for additional 2005 COBG capital funds up to $87,815. The remaining $2,010 would be allocated to the Boys and Girls Club of King County Youth Oevelopment Center as the third priority. The Pediatric Interim Care Center, which was the second priority, has already completed their project. Further research following the Commission's proposed recommendation has found that a 30 day public comment period is required since the 2005 funding to the Housing Repair Program will increase by more than 25% if the 2005 Contingency Plan is implemented. The public notice is scheduled to be published on July 30,2005 so that any written comments received may be considered before Council action is taken at the September 6, 2005 Council meeting. Commission Recommendation: Cancel the 2005 COBG award for project C05027, in the amount of $89,825, for Senior Nutrition and Health Equipment for the new Federal Way Community Center and award the funds per the 2005 COBG Contingency Plan. To be forwarded to the Parks, Recreation, c-\ Human Services, and Public Safety Committee with a public hearing to be scheduled at the City Council meeting. The Human Services Commission unanimously passed the motion in the briefing memo at their July 18, 2005, meeting. A revision to the motion to allow for the 30-day public comment period, rather than the public hearing, is requested by staff. Proposed Motion: Cancelthe 2005 COBG award for project C05027, in the amount of $89,825, for Senior Nutrition and Health Equipment for the new Federal Way Community Center and award the funds per the 2005 CDBG Contingency Plan. To be forwarded to the September 6,2005, City Council meeting on the Consent Agenda with any written comments received during the 30-day public comment period. Please contact me at (253) 835-2653 or kellio@fedway.org if you have any questions regarding this item. K:\CD Human Services\CDBG Program\2005 Council-Commission\PRHS&PS Committee\PRHSPSC 072605 Cancel Sr Proj @ FW Com Ctr & Reallocate funds per contingency pIan.doc C-L.- ~ CITVOF ~ Federal Way MEMORANDUM DATE: TO: FROM: SUBJECT: July 18, 2005 _ Human Services Commission ~.. Kelli O'Donnell, CDBG Coordinat i" . Cancel the 2005 CDBG Allocatio to Federal Way Community Center for Senior Nutrition & Health Improvement Project and Reallocate the Funds Policv Question: Should the 2005 Community Development Block Grant (CDBG) allocation of $89,825 to the Federal Way Community Center for Senior Nutrition & Health Improvement Project be canceled and funds reallocated per.the 2005 COBG Contingency Plan?"" c.__'~_. -.." ~.- Backqround: The City of Federal Way allocated $97,278 of 2005 CDBG funds for improvements to the new Federal Way Community Center that would specifically benefit seniors. The project was reduced to $89,825 after the final 2005 allocations to CDBG were passed by Congress. The original application was for the purchase and installation of kitchen and health equipment that would be used by seniors using the new facility. The improvements would have transferred and expanded the services currently available to seniors at the Klahanee Lake Community Center to the larger new facility. Due to project construction revisions and changes in to the CDBG Consortium timeliness policies, the project was amended to pay for development costs such as permitting, mitigation fees and project management for the portion of the facility that will benefit seniors in May 2005. The kitchen, senior lounge and one community room were planned to be dedicated for senior use from 8:00 a.m. to 5:00 p.m. Monday through Friday. The business plan for the Community Center calls for these rooms to be used for rental income outside of the hours dedicated for senior use. Federal regulations requires that revenue for the portion of the facility assisted by CDBG be tracked and returned back to the COBG program as program income and require that fair market rents be charged. The regulations allow for the deduction of operating and maintenance costs for the rental space. It is expected that the spaces will generate revenue over the operating and maintenance cost that is intended to be used for the operation of the entire facility. This requirement makes the use of COBG funds for the senior improvements to the Federal Way Community Center a negative business decision. The business plan for the community Center has an aggressive revenue expectation for the rental program to assist with overall building expenses. Canceling the project now will allow for the funds to be .recaptured in time to be reallocated per the 2005 CDBG Contingency Plan. The Parks, ReCreation, and Cultural Services Department will look to replace the COBG funds through a capital campaign or the project contingency funds. . \ If the Commission and Council concur with the cancellation of the project, a public hearing will be scheduled to formally cancel the project and re-allocated the $89,825 per the 2005 COBG Contingency Plan (Attachment 1). The Federal Way Housing Repair Program is the first priority for additional 2005 CDBG capital funds up to $87,815. The remaining $2,010 would be allocated to the Boys and Girls Club of King County Youth Development Center as the third Page 1 of2 05 priority. The Pediatric Interim Care Center, which was the second priority, has already been completed. Council action and a 14 day public comment period would be required to cancel the project and reallocate the funds per the 2005 Contingency Plan. Proposed Motion: Cancel the 2005 COSG award for project C05027, in the amount of $89,825, for Senior Nutrition and Health Equipment for the new Federal Way Community Center and award the funds per the 2005 COSG Contingency Plan. To be forwarded to the Parks, Recreation, Human Services, and Public Safety Committee with a public hearing to be scheduled at the City Council meeting. Please contact me at (253) 835-2653 or kellio@fedway.org if you have any questions regarding this item. Page 2 of2 {:-Y MQpted 09/07/04 Attachment 1 CITY OF FEDERAL WAY 2005 CDSG CONTINGENCY PLAN The allocation process for 2005 Community Development Block Grant (CDBG) funds is based upon an estimate of Federal Way's 2005 CDBG funds. The City will not know its exact grant amount until after Congress passes the HUD Appropriation Bill. This is expected to occur by December 2004. For this reason, the arlocation process includes a contingency plan. The plan allows for adjustment up or down based upon the final grant amount and/or any additional funds received-as the result of project cancellations or additional recaptured funds. SHOULD THE GRANT AMOUNT INCREASE OR ADDITIONAL FUNDS BECOME AVAILABLE: Capital Projects ~~ The City will apply any increase in the amount of COBG capital funds asfollows: 1. Additional capital funds available, up tp $82,656, will be. allocate<;f toJh~f~deral Way Housing Repair Program 'administered by the King County Depi:utment ~of "Community and Human Services up toa total allocation of $150,000; and, 2. Should the above pfoject be funded to the stated level and any additional capital funds be available, up to $25,000 will be all06ated to the Pediatric Interim Care Center for the Newborn Nursery building up to the total request for $75,000; and 3. Should the abovE! projects be fully funded and'any additional capital funds be available, up to $49,999, will be allocated to the Boys and Girls Club of King County for the Federal Way Youth. Development Center lip to the total request for $199,999; and _ - 4. If additional capital funds are received, funds will be carried over to the 2006 CDBG program year unless the Human Services Commission requests new applications for funds and/or additional Council action is taken to allocate funds. - ---- ; Public SeNice Programs ~ The City will apply any increase in the amount of CDBG public service funds as follows: 1. If any additional public service funds become available, funds will be allocated equally between th~ MultiCare Health System for the Adult Day Health Auburn program and the Federal Way Norman Center for the CARES Program until each program reach~s the total amount requested for 2005; and, 2. If an additional $10,000 of public service funds become available after the first contingency is fully funded, funds will be allocated to Catholic Community Services for the Katherine's House Transitional Housing program; and, 3. If less than $10,000 of public service funds become available and/or any aaClitional public service funds are received after the second contingency is fully funded, funds will be alloca,ted to 2005 COBG Capital projects in accordance with the priority order listed above. ' Planning and Administration - The City will apply any increase in the amount of CDBG planning and administration funds as follows: 1. Any additional funds for planning and administration activities will be allocated to Planning and Administration to cover administrative costs for Federal Way's CDSG program; and c~s Adopted 09/07/04 Attachment 1 2. Additional funds not needed for administration of Federal Way's CDSG program will be applied toward the costs of add,itional planning activities consistent with the King County Consortium Consolidated Housing and Community Development Plan; and 3. Additional funds received not needed for planning and administration activities will be allocated to capital projects in accordance with the priority order listed above. SHOULD THE GRANT AMOUNT DECREASE: Capital Projects.. The City will decrease the amount of CDBG funds allocated for capital projects as follows: 1. Any un allocated capital funds available will be decreased before reductions are made to specific projects. 2. Deqreases wilt be-.made to 2005 COSG Capital Projects in-proportioniOihepercentage decrease in grant funds. The following projects will be reduced proportionately: the Boys and Girls Club of King County Federal Way Youth Development Center; the City of Federal Way Senior Nutrition and Health Equipment for the New Federal Way Community Center; the King County Housing and Community Deve!,opment Federal Way Housing Repair Program; the King County Housing Authority South ridge House Fire and Life Safety Sprinkler System; the Multi-Service Center Employee Development Services Federal Way program; and, the Pediatric Interim Care Center, the Newborn Nursery PICC New Facility Construction. PubliC. Service Programs -The City will decrease the amount of CDSG funds allocated for public service programs as follows: . 1. Decreases will be made to all public service programs in proportion to the percentage decrease in grant funds until they reach the $10,000 minimum funding level. These programs are: Big Brothers Big Sisters of King and Pierce Counties, Federal Way Mentoring Program; Community Health Centers of King County Federal Way Dental Access; Federal Way Norman Center YMCA, CARES Program; Federal Way Senior Center, Adult Day Care; Institute for Family Development, PACT program; and, MultiCare Health System, Adult Day Health- Auburn. Planning and Administration -- The City will decrease the amount of CDSG funds allocated for COSG planning and administration as follows: 1. Funds for additional planning activities will be reduced first; then 2. Funding for COSG administrative activities will be decreased. L~~ ~ CITY OF' _~ Federal Way ~ 1 PA=6'~ MEMORANDUM DATE: TO: FROM: SUBJECT: June 21,2004 Human Services Commission Kelli O'Donnell, COBG Coordinator Funding Level for Federal Way Housing Repair Program History: The City of Federal Way has been funding the King County Housing Repair program to provide housing repair services to Federal Way residents since 1998. An administration fee of 15% is deducted from the annual funding amount for King County to administer the program. The attached brochure outlines the services available to income-qualified residents that include: deferred payment loans, matching funds, emergency grants, and mobile home grants. Federal Way funds are tracked separately and when deferred loans are repaid, funds are returned to Federal Way's CDBG program for reallocation. A yearly repayment history is also attached for your review. The Federal Way Housing Repair program has been heavily utilized since its inception. To date 15 households have been assisted by the program in 2004 and 28 Federal Way households used the program in 2003. The program also leverages other funding sources. Since 2001, Federal Way's Housing Repair program has leveraged $177,656. The program has not been heavily marketed in Federal Way but continues to be accessed by residents. 2005 Recommendation: Staff is recommending increasing the 2005 allocation to $150,000. The program was at a funding level of $120,000 until the 2004 CDBG Capital fund allocation. King County is exploring increasing the maximum loan and grant amounts for 2005. Increasing the allocation to $150,000 would allow for some increases in loan amounts. Additional increases are recommended in the contingency plan should increased capital funds be received to ensure the program is fully funded for low- and moderate-income Federal Way residents needing housing repair services. 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Ll"l 8 ~ tS ~ -ct-"'r...- s::: ~ s::: ..0 : .e .~ ~ =00) ~~ ~ :5 "'E !::!. s::: S 0) Cb v; g a: C...I ... ... :.: . ... ~ <> 05inclimits 2005 HUD INCOME GUIDELINES Median Family Income = $72,250 Effective February 11, 2005 1 $16,350 $27,250 $40,600 2 $18,700 $31,150 $46,400 3 $21,050 $35,050 $52,200 4 $23,350 $38,950 $58,000 5 $25,250 $42,050 $62,650 6 $27,100 $45,200 $67,300 7 $29,000 $48,300 $71,900 8 $30,850 $51 ,400 $76,550 C-IO King County Housing Repair Repayment History Repayments (Received prior Repayment % Year Allocation year) of Alloc 2005 $ 62,185.00 $ 47,319.00 76% 2004* $ 145,357.00 $ 165,634.00 114% 2003 $ 120,000.00 $ 81,968.00 68% 2002 $ 120,000.00 $ 104,612.00 87% 2001 $ 120,000.00 $ 40,286.00 34% 2000 $ 140,000.00 $ 79,506.00 57% 1999 $ 140,000.00 $ 50,797.00 36% 1998 $ 170,000.00 $ 31,537.00 19% Total $ 1,017,542.00 $ 601,659.00 59% Households Avg Cost per Allocation Assisted HH 2004* $ 145,357.00 39 $ 3,727.10 2003 $ 120,000.00 28 $ 4,285.71 2002 $ 120,000.00 27 $ 4,444.44 2001 $ 120,000.00 28 $ 4,285.71 2000 $ 140,000.00 20 $ 7,000.00 5 Year Total $ 645,357.00 142 $ 4,544.77 * Original Allocation $94,669; Reallocations of $33,063 & $17,625 from project cancellations and underruns for a total 2004 allocation of $145,357. [-1\ City of Federal Way Notice of Project Cancellation & Reallocation of Community Development Block Grant (CDBG) Funds PUBLIC NOTICE IS HEREBY GIVEN that the City of Federal Way is proposing to cancel Project No. C05027, Senior Nutrition and Health Improvements for the New Federal Way Community Center, in the vicinity of 1095 S 324th St, Federal Way, that was awarded $89,825 in 2005 Community Development Block Grant (CDBG) Funds. The applicant has canceled this project. NOTICE OF REALLOCATION: The City of Federal Way is proposing to reallocate the $89,825 from the above cancelled project per the 2005 Contingency Plan to the following projects: $87,815 to the King County Housing and Community Development Federal Way Housing Repair Program (C03633 & C03519) to provide the following housing repair services for qualifying low- and moderate-income residents of Federal Way for: a) interest free deferred payment loans (up to 80% of median income); b) matching funds program (up to 80% of median income); c) grants up to $3,000 for emergency repairs to low-income homeowners (up to 50% of median income); and d) grants up to $5,000 for emergency repairs to mobile homes owned by low-income persons. $2,010 to the Boys and Girls of King County, Federal Way Youth Development Center Project (C04128) in Federal Way at 31455 28th Avenue South, Federal Way. CDSG funds will be used to construct a 16,000 sq. ft. community facility dedicated to teen programming that will serve low- and moderate-income residents from Federal Way and other communities. Detailed information about the proposed project cancellation and reallocation is available for review during regular business hours at the Department of Community Development-Human Services Division (33325 8th Ave S, Federal Way). The public is invited to comment on this proposed change by submitting written comments to: City of Federal Way, Attn: Kelli O'Donnell, P.O. Box 9718, Federal Way, WA 98063-9718. Written comments will be accepted until 5:00 p.m. on Tuesday, August 30, 2005. For further information regarding Federal Way's CDBG program, please contact Kelli O'Donnell, CDBG Coordinator, at (253) 835-2653. For TOO relay service call 1-800- 833-6388fTDD or 1-800-833-6384/voice. This notice is available in alternate formats for individuals with disabilities upon request. &/2- ~ ~ ~ l... ~ e::t ::: C) "'e::t t: ~ ~ .~ ~ ~ .~ ~ ..:.: \.,) ~ ~ e::t ~ .s l... e::t ~ ~ f: ~ ~ l...~ .~ ~ e::t~ & ~~ · I'oiA 4.::l ~~ ~~ ~ .~ ~ E oC:l ~ .sv .... t3 ;lo. ~ ~ t: t: .~ .... - .... t3 _ <:..l t: ~ <:u::::l ~~ "t:l t: <:u ~ ~ .'S .~ ~ a~ lU <:..l .S .... t: ~ .-/:: a ~ ::::l ~ t: .~ ... t; t3 <:..l~ ~ "l:i o 0 0 0 0 0 ~ ~ ~ ~ ~ ~~ ~ ~ 0 ~ ~ ;i ~ ~- ~ ~ ggoo;o~~:g~ ~ 0 ~ m m M ~ ~ ~ ~g~-gfg-g-:g-g g ~~~~~~;; t; g goo ;0 g ~ ~ ~ ~o~mmONM'<t ;"g~-!g~t~ ~ 0;;Ui- ~;;0 f$ 8 g (; ~ 0 ~ ;" ~- ~ ;; ;; z; 8 (; to ~ OMa:>O> ~ ~ ~ (l;- z; fh ~ ~ o It) m m oi 0 m 0 ~ ;;; ~ ~ ~ <:u ~ ~ ~ ~ '5 c "t:l ~ e ~ ~ ~ g; * g 0 m 0> 0 0 T"'" 'r" N C\I N M ~ ~ o 0 0 0 o 0 0 0 N N N N "t:l- <:u ~ .~ ~ E e ~"l:i u <:u ~ ~ :::t :::t ~~ - ~ .~ ~ t:~ e a L-/~ $ 2 ~ g R * ~ :g ~ m w ~ ~w-~~~~~~-~~-;;;~ ~~;:t~;:t~u; ~ ~ a:: W a:: W I- W z :2 z :2 >0... :2 >0... ~ 00000 => :r: J:: :r: a:: W ~ t5 ~ ~ :r: o 0 S S S 8 8 8 3 ~ Z Z o 0 0 0 0 0 0 0 0 000 N N N N N N N N N N N N :g <::> "l Cl\ ..... .Q .:; ~ tl ~ s.u CITY OF FEDERAL WAY MEMORANDUM DATE: August 8, 2005 TO: Parks Recreation, Cultural Services and Public Safety Committee VIA: David H. M~anagCr FROM: Patricia A. Richardson, City Attorney p W- SUBJECT: Proposed Ordinance Amending Chapter 6, AI1icle I, Section 6-9 of the Federal Way City Code to authorize the court to order restitution in Hit and Run cases. Policv Issues: Should the City Council pass the proposed Ordinance to amend the current Federal Way City Code to authorize the court to order restitution in Hit and Run cases? Backeround: The current Federal Way City Code authorizes the Municipal Court to order restitution whenever a person is convicted ofa crime which results in injury to any person or damage to or loss of property, unless extraordinary circumstances exist that make restitution inappropriate. In cases of Hit and Run, the fact that the party left the scene of the accident makes investigation ofthe accident more difficult and can substantially postpone the aid ofvictil1ls_ As case law currently reads, restitution cannot be ordered for Hit and Run crimes unless the damage was caused specifically by leaving the scene of the accident or there is a provision which gives the court express authority to order restitution in cases of Hit and Run. The amendment to the City Code would authorize the Court to order restitution on cases of Hit and Run where the damages were not caused speci fically by leaving the scene of the accident, but there is a preponderance of evidence that the convicted person was at fault in the underlying accident. Options: Option One. Recommend approval of the proposed Ordinance and forward to fun Council for first reading at the September 6, 2005 City Council Meeting. D-\ Option Two. Suggest modifications to the proposed Ordinance and provide direction to staff. Staff Reeommendation: Staff reconunends that the Parks, Recreation, Human Services, and Public Safety Council Conunittee reconunend approval of the proposed amendment to Chapter 6, Article I, Section 6-9 of the Federal Way City Code and forward to full Council for first reading at the September 6,2005 City Council Meeting. (Option 1) Committee Recommendation: Forward option to the full City Council for first reading at the September 6,2005 City COWlcil meeting. II APPROVAL OF COMMITTEE ACTION: II Committee Chair Committee Member Committee Member K:\AGNDITEM\2005\PRHSPS\criminal restitution code amend 7-05.doc \:)--2- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 6 OF THE FEDERAL WAY CITY CODE TO AUTHORIZE, WHERE APPROPRIATE, RESTITUTION ON HIT AND RUN CHARGES(Amending Ordinance No. 02-429) WHEREAS, the City of Federal Way is a non-charter code city under the laws of the State of Washington and, as such, has the power to enact ordinances for the protection of the public health, safety and general welfare and for other purposes; and WHEREAS, many victims of crimes are left to pay for the repair and replacement of property, medical bills and/or suffer lost wages as a result ofthe criminal conduct of others; and WHEREAS, thc nature ofthe crime orBit and Run makes investigation of traffic accidents more difficult and can cause a delay in medical aid to victims; and WHEREAS, to help ensure that leaving the scene of an accident does not allow the perpetrator to benefit from that criminal conduct in cases where he or she is at fault for the accident; and WHEREAS, the Federal Way City Council finds that this ordinance is in the best interest of the public health, safety, and wel fare; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 6, Article I, Section 6-9 of the Federal Way City Code is hcrebyamended to read as follows: , PAGE 1 ORD# \:),-3 6-9 Restitution authorized as a condition of sentence. (a) Restitution shall be ordered by the court whenever a person is convicted of a crime which results in injury to any person or damage to or loss of property, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the defendant pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the defendant be required to pay restitution to a victim of an offense or offenses that arc not prosecuted pursuant to a plea agreement. The court shall identify in the j udgment and sentence the victim or victims entitled to restitution and what amount is due each victim. (b) Restitution shall be ordered by the court whenever a person is convicted of any charge of Hit and Run, whether involving persons, property, or attended vehicles under FWCC 15-1 or RCW 46.52. This restitution shall il}clude: (i) damages for injury, property loss and/or lost wages attributable to leaving the scene otthe accident or collision in all cases; and (ii) damages for injury, property loss and/or lost wages where there is a preponderance of evidence that the convicted person was at fault in the underlying accident or collision. (Q} t&) When restitution is ordered, the court shall determine the amount of restitution due at the sentencing hearing or within 180 days. The court may continue the hearing beyond the 180 days for good cause. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Resti tution shall not include reimbursement for damages for mental anguish, pai n and suffering, ORO# ,PAGE 2 ~.._y or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount oUhe offender's gain or the victim's loss from the commission of the crime. @ W The city or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. This section does not limit civil remedies or defenses available to the victim, survivors of the victim, or defendant. Restitution collected through civil enforcement must be paid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. (Ord. No. 02-429, S I, 11-19-02) Section 2. Scverability. The provisions ofthis ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion ofthis ordinance or the invalidity of the application thereofto any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any and all acts consistent with the authority and prior to thc effective date of this ordinance are hereby ratitled and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council oCthe City of Federal Way this ___ day of __.___n_.~._' 2005. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ORD# , PAGE 3 'D--S ATTEST: , ACTING CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ACCEPT ANCE: K:\ORDIN\eriminal restitution code amend. doc ORD# , PAGE 4 D--~ 5,E CITY OF FEDERAL WAY MEMORANDUM DATE: August 1,2005 TO: Parks Recreation, Cultural Services and Public Safety Committee VIA: David H. MO~ager FROM: Patricia A. Richardson, City Attorney ~fW'-. SUBJECT: Proposed Ordinance Amending Chapter 2, Article III, Sections 2-50 and 2- 51 0 f the F ederal Way City Code for the appointment of Commissioners. Policv Issues: Should the City Council pass the proposed Ordinance to amend the CUlTent Federal Way City Code (hereafter, "Code") (1) to authorize the Civil Service Commission (hereafter, "Commission") Chair to appoint an alternate to Commissioner status to form a quorum; and (2) to authorize the City Manager to appoint a successor to the Commission in the event a Commissioner is incapacitated? Back2round: The Commission (hereafter, "Commission") was established, under RCW 41.12, to ensure police officer appointments and promotions were made based solely on merit, efficiency, and fitness for duty, ascertained by open, competitive examination and impartial investigation. As a final step in the process, the Commission must certify the roster of eligible candidates for vacant positions in the police department in order for those candidates to be considered eligible for hiring. The Code provisions related to the Commission were enacted in 1995 and follow state law. The Code goes further than the minimum required under state law and provides for Commission alternates and limitations on the alternates. The Commission is comprised of five members, in addition to the two designated alternates. Three Commission members must be present to constitute.a quorum. No action of the Commission is effective unless there is a quorum. Although it does not frequently occur, there are times when a meeting cannot be held because there is no quorum. Currently, alternates cannot be part of the quorum and may not move action or vote on matters coming before the Commission unless a Commissioner is unable to participate in a hearing on employee discipline. Allowing the appropriate number of Alternates to participate and act in the event a quorum is not present would enhance the efficiency of the Commission. E-- \ Additionally, the current Code does not provide protocol for the replacement of a Commissioner in the event of incapacity, which became apparent with the recent death of a Commissioner. The proposed amendment would allow the City Manager to fill the vacancy more timely. The proposed amends to the Code would allow greater efficiency in the police hiring process and broaden the participation and utility of alternates, as well as, provide a protocol for replacement of a Commissioner in the event of incapacity. Options: Qption One. Recommend approval of the proposed Ordinance and forward to full Council for first reading at the September 6, 2005, City Council Meeting. Option Two. Suggest modifications to the proposed Ordinance and provide direction to staff. Staff Recommendation: Staff recommends that the Parks, Recreation, Human Services, and Public Safety Council Committee recommend approval of the proposed amendment to Chapter 2, Article III, Sections 2-50 and 2~51 of the Federal Way City Code and forward to full Council for first reading at the September 6,2005 City Council Meeting. (Option 1) Committee Recommendation: Forward option _ to the full City Council for first reading at the September 6, 2005 City Council meeting. II APPROVAL OF COMMITTEE ACTION: II Committee Chair Committee Member Committee Member E --- 2- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 2, ARTICLE III, SECTIONS 2-50 and 2-51 OF THE CITY OF FEDERAL WAY CITY CODE TO BROADEN THE PARTICIPATION AND UTILITY OF ALTERNATE COMMISSIONERS (AMENDS ORDINANCES NO. 95-244 and 96-258) WHEREAS, the City of Federal Way Police Department and Civil Service Commission ("Commission") abide by the RCW 41.12 and the Civil Service Rules; and WHEREAS, the Commission must be comprised of a quorum in order to take action during meetings and hearings; and WHEREAS, there are two Alternate Commissioners ("Alternates") on the Commission; and WHEREAS, Alternates currently may not move action or vote on matters before the Commission unless a Conunissioner is unable to participate in a hearing on employee discipline; and WHEREAS, the City Council finds that it is in the best interest of the Commission for efficiency in the police hiring process and general business matters to update the City Code to broaden the participation and utility of the Alternates so that the Commission Chair may temporarily appoint an Alternate to acheive a quorum on a meeting-by-meeting basis; and WHEREAS, the City Council finds that it is in the best interest of the Commission to grant the City Manager the authority to appoint an Alternate to fill a vacancy in the event that a Commissioner is incapacitated, resigns, or is removed from office; ORD# , PAGE 1 ~.-3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 2, Article III, Section 2-50 ofthe Federal Way City Code, "Removal," is amended as follows: 2-50 Removal. Any commissioner or alternate commissioner may be removed from office for incompetency, incompatibility, dereliction of duty, malfeasance in office, or other good cause; provided, however, that no commissioner or alternate commissioner shall be removed until (1) charges have been filed, in writing; (2) the commissioner or alternate commissioner has been personally served with a written notice of charges against him or her and with a notice of hearing; and (3) after a full hearing has been convened before the Federal Way city council. The charging party in all such actions shall be the city manager. Should any commissioner or alternate commissioner be incapacitated. resign from, or be removed from office, then the city manager shall appoint a successor to that position for the remainder of the unexpired term. (Ord. No. 96-258, ~ 2, 1-2-96) Section 2. Chapter 2, Article III, Section 2-51 of the Federal Way City Code, "Proceedings- Quorum," is amended as follows: 2-51 Proceedings - Quorum. (a) Three commissioners shall constitute a quorum and the votes of three commissioners shall be sufficient for the decision of all matters and the transaction of all business to be decided or transacted by the commission. (b) Alternate commissioners shall have the right to participate in the debate and the ORD# , PAGE 2 E -~ deliberations of the commission on the regular business ofthe commission. Alternate commissioners shall not be part of the commission quorum and shall not move action or vote on matters coming before the commission, except as provided in subsections (c) and (d) of this section. (c) In the event a commissioner is disqualified from participation or otherwise unable to participate in a hearing on employee discipline, an alternate commissioner shall be appointed by the commission chair to serve in the place of the absent commissioner. The alternate commissioner shall be entitled to participate fully in such proceedings, and is authorized to vote on the action before the commission. (d) In the event that there are insufficient commissioners to form a quorum at a regularly scheduled meeting, the Chair may appoint an alternate commissioner to serve in the place of an absent commissioner at that meeting. The alternate commissioner is entitled to participate fully in the meeting and is authorized to vote on actions before the commission for the duration of the meeting. For these purposes, a commissioner arriving more than 10 minutes past the designated meeting start time will be deemed absent. (Ord. No. 96-258, S 2, 1-2-96) Section 3. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force five (5) , PAGE 3 ORD# E-~s days from and after its passage and publication, as provided by law. PASSED by the City COlUlcil of the City of Federal Way this ,2005. CITY OF FEDERAL WAY MA YOR, DEAN MCCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: ACCEPTANCE: K:\ORDIN\ 2005\Chapter 2 update- civil service altemates-07-29-05.doc ORD# , PAGE 4 E --~ day of 5.5 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: VIA: FROM: August 8, 2005 Parks, Recreation, Human Services & Public Safety Council Committee anager (}c: 1~ Anne E. Kirkp rick, Chief of Police Andy Hwang, Commander SUBJECT: Target Corporation GrantlDonation Award Background The Target Corporation's Assets protection Division has donated more than $1 million dollars to law enforcement agencies throughout the country. The Federal Way Police Department applied for a $1,000.00 dollar donation from the Target Corporation to be used toward the purchase of a laptop computer for the Police Explorer "Kid Identification Program." The program is designed to provide the parents with a current photograph and finger prints of their child in the event a child becomes missing. The proper identity of a child will greatly increase the odds of law enforcement officials reuniting missing children with their parents. Detective Thaddeus Hodge submitted the original application for this donation and was infonned on June 28,2005 that our agency will be awarded the $1,000 in the near future. Options 1. Authorize the Police Department Explorer Program to receive the $1,000 donation The department has received similar donation from the Target Corporation. There are no negative ramifications for accepting the donation. The money will be used to improve the safety of our children in our community. 2. The only other option is to not accept the donation If the donation is not accepted by the city, the money will be awarded to another police department. Staff recommendation Motion to approve and accept the Target Corporation Grant/Donation Award of $1 ,000 for the Explore Program v-\ Committee recommendation Forward the committee recommendation, Option I, to City Full Council for approval on August l6,2005. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member 2 ~-2-- 5.(, CITY OF FEDERAL WAY CrTY COUNCrL COMMITTEE STAFF REPORT DATE: TO: V[A: FROM: August 8, 2005 Parks, Recreation, Human Services & Public Safety Council Committee David M~Manager Anne E. Kirkpatrick, Chief of Police a fie SUBJECT: MOU Among the Participating Law Enforcement Agencies forming a Regional Automated Information Network (RAIN) policv Question May the City of Federal Way accept a Memorandum of Understanding among the participating Law Enforcement Agencies fonning a Regional Automated Information Network (RAIN) Background The Federal Way Department of Public Safety is requesting authorization to participate in the Regional Automated Information Network, which will connect automated records management systems to: protect the public by assisting law enforcement in solving and preventing crimes and acts of terrorism; protect law enforcement officers by giving them information important to their safety while out on our streets and highways; connect to other parts of the Criminal Justice System for increased effectiveness and efficiency; and COlmect to other regional, state, and national infOlwation systems. Each agency will bear its own costs in maintaining and modifying its own information teclmology systems to be compatible with RAIN Options I. Motion to accept the MOU Among the participating Law Enforcement Agencies fonning a Regional Automated Information Network (RAIN) This MOU will connect the Federal Way Department of Public Safety with a regional networking system that will assist in solving and preventing crimes and terrorism, collecting safety infonnation, and increase our efficiency and effectiveness. 2. Reject the MOU Among the participating Law Enforcement Agencies fonning a Regional Automated Information Network (RAIN) The Federal Way Department of Public Safety would not have the benefit of tactics and infonnation that could be gathered through RAIN to solve and prevent crimes. C~-\ Staff recommendation Motion to accept the Memorandum of Understanding among the participating Law Enforcement Agencies forming a Regional Automated lnfonnation Network (RAfN) Committee recommendation Forward option (1) to the full City Council for approval on September 6, 2005 APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member 2 L--:'t - 2- SHERIFF KING COUNTY KING COUNTY SHERIFFS OFFICE 516 Third Avenue, W-116 Seattle,WA 98104-2312 Tel: 206-296-4155 . Fax: 206.296.0168 Susan L. Rahr Sheriff July 25, 2005 Dear RAIN Partner: I am pleased to offer for your approval and signature, the attached RAIN Memorandum of Understanding, as approved by the RAIN Governance Board and legal counsel from a half-dozen participating agencies. This is the same document sent to you electronically by Heidi Beckley on July 20 for review. Please sign the enclosed document on page five, where indicated, and mail to my attention at the letterhead address above. We will mail you a copy of the final, signed document. All of the agencies in King County have done an impressive job of working together to make this regional information sharing a reality. Thank you for your support and commitment to information sharing. Sincerely, ~\0~ Denise Turner, Chief Technical Service Division hb Enclosure cc: Sue Rahr, Sheriff Charlotte Dazell, Technology Manager Kelly Furner, Project Manager Ll--~ @.Q81t/(l2~ .:ns1uingl'ub:W;Sllfut)' MEMORANDUM OF UNDERSTANDING AMONG THE PARTICIPATING LAW ENFORCEMENT AGENCIES FORMING A REGIONAL AUTOMATED INFORMATION NETWORK (RAIN) ~. l~ "'" , , Uy SJ}n.riJ.~tnfw"uafW. A. PARTICIPATING AGENCIES The participating agencies to this agreement are the: Auburn Police Department Algona Police Department Bellevue Police Department Black Diamond Police Department Bothell Police Department Clyde Hill Police Department Des Moines Police Department Duvall Police Department EnumcIaw Police Department Federal Way Police Department Issaquah Police Department Kent Police Department King County Sheriffs Office and its Contract Cities Kirkland Police Department Lake Forest Park Police Department Medina Police Department Mercer Island Department of Public Safety Normandy Park Police Department Pacific Police Department Port of Seattle Police Department Redmond Police Department Renton Police Department Seattle Police Department Snoqualmie Police Department Tukwila Police Department University of Washington Police Department B. PURPOSE The participating agencies desire to enter into an Memorandum of Understanding (MOU) to establish and maintain a regional automated information network (RAIN) that connects automated records management systems to: 1. Protect the public by assisting law enforcement in solving and preventing crimes and acts of terrorism. 2. Protect law enforccment officers by giving them information important to their safety while out on our streets and highways. 3. Connect to other parts of the Criminal Justice System for increased effectiveness and efficiency. 4. Connect to other regional, state, and national information systems. RAIN MOU - I c~-y o ORIGINAL C. DURATION This agreement shall commence on the date it is executed by the second participating agency to execute the agreement and shall continue until terminated as provided herein. D. AGENCY RESPONSIBILITIES 1. Each participating agency shall bear its own costs in maintaining and, if necessary, modifying its own information technology systems so that they are compatible and can communicate with RAIN. 2. Each participating agency shall adopt an interlocal agreement holding other RAIN participants harmless for that agency's negligent acts or negligent omissions related to the system The interlocal shall be adopted within six months of joining the RAIN system. The hold harmless provisions are set forth in Appendix A. In the event that a participating agency is not able to get approval for the interlocal agreement, that agency will no longer be a participating agency in the RAIN system. 3. King County Sheriff's Office Disclaimer: The King County Sheriffs Office agrees to be the host for the RAIN UnDr server and in that role will operate and maintain the server. The King County Sheriffs Office does not make any guarantees, warranties, or promises the server will be operational at all times or will not suffer from any failures or malfunctions. Other participating agencies recognize the RAIN UnDI server is intended to provide information to agencies to assist and supplement their investigations but is not intended to be the sole or primary source of information to investigate a suspect or crime. Access to the RAIN UDDI server i~ not intended to take the place of other means of accessing information to investigate suspects or crimes. The King County Sheriffs Office also does not control or guarantee the accuracy, relevance, timeliness, or completeness of the information or documents other participating agencies create and maintain, as noted in section E.1 of this Memorandum of Understanding. The King County Sheriffs Office also does not bear any responsibility for ensuring or auditing other participating agencies abide by the ACCESS and SECURITY provisions of this Memorandum of Understanding. E. OWNERSHIP, ENTRY, AND MAINTENANCE OF INFORMATION 1. Each participating agency retains sole ownership, exclusive control, and responsibility for the information it chooses to share with RAIN, except as provided in paragraph J. All system entries will be clearly marked to identify the contributing party. 2. The contributing party has the sole responsibility and accountability for ensuring compliance with all applicable laws, regulations, policies, and procedures applicable to the party's entry and sharing of information with RAIN , except as provided in paragraph J. RAIN MOD - 2 /' c L.,,-__] 3. Each agency has agreed to share only police records, crime data, and investigative reports with RAIN. This system is not for intelligence information, e.g. reports from confidential informants. F. ACCESS TO AND USE OF INFORMATION I. Each participating agency connected and contributing to RAIN agrees to permit the access, and use of such information by every other partner under the provisions of this Memorandum of Understanding. 2. Agencies that are not connected to RAIN and are not parties to the MOU are not authorized to access RAIN. Only law enforcement agencies may become a RAIN participating agency. 3. All parties will have access via a secure Internet connection to the information in RAIN. Each agency is responsible for providing its own internet connectivity. 4. A party may only access RAIN when it has a legitimate, official need to know the information for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose, after receiving training on system use. 5. An accessing party may use RAIN information for official matters only. 6. RAIN information may not be disseminated without first obtaining permission of each party that contributed the information, in accordance with and to the extent permitted by applicable law. 7. RAIN includes an audit capability that will log all user actions, including queries executed, and responses. 8. Nothing in this memorandum of understanding is intended to restrict the ordinary sharing of information between law enforcement agencies whether or not those agencies are members of RAIN. G. SECURITY 1. Each participating agency will be responsible for designating those employees who have access to RAIN. This system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, and the time of the access to the system, and the information queried. 2. Each party is responsible for training those employees authorized to access RAIN regarding the use and dissemination of information obtained from the system. Specifically, employees should be given a clear understanding of the need to verify the reliability of the information with the contributing party before using the information for purposes such as obtaining warrants. RAIN MOD - 3 (~-~ H. GOVERNANCE An Executive Board, composed of the Sheriffi'Police Chief! Agency Executive, or hislher designee, from each participating agency, shall govern the affairs of RAIN. Each member of the Executive Board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Executive Board. A presiding officer shall be elected by its members, together with such other officers as a majority of the Board may determine. The presiding officer, or any board member, may call sessions as necessary. For a meeting to occur, a simple majority of the Executive Board (quorum) must be present. A simple majority of those present shall be required for passage when the Board votes on any matter. A tie vote does not pass the matter. In emergency situations, the presiding officer may conduct a telephone poll of Board members to resolve any issues. I. COMMITTEES 1. The Executive Board shall designate committees such as Users, Technical, and Legal Committees, as needed or appropriate. 2. The presiding officers of the committees shall transmit recommendations to the presiding officer of the executive board and meet with him/her as needed or appropriate. J. DISCLOSURE REQUESTS A participating agency that receives a request for documents that the receiving agency interprets to include RAIN documents, (e.g., public disclosure, subpoena duces tecum, civil or criminal discovery motion) shall be responsible for responding to the request. If the receiving agency determines the law requires release of all or part of a RAIN document contributed by another participating agency, the receiving agency shall promptly forward a copy of the request to the contributing agency, notify that agency which documents or parts of documents the receiving agency intends to release, and provide the contributing agency a reasonable period of time to obtain a court order preventing the release of the RAIN documents or parts of documents. The receiving agency shall determine what time period is reasonable given the applicable law and any deadlines established by law or the court to respond to the request. For purposes of this paragraph J, a RAIN document includes any writing that can be printed or electronically stored from the RAIN network containing information relating to the conduct of government of the receiving agency or the performance of any governmental or proprietary function prepared, owned, used, or retained by the receiving agency. A RAIN document relating to a governmental function is 'used' by the agency if it is applied to a given purpose or instrumental to an end or process. The receiving agency shall not be considered to have used, owned retained or prepared a RAIN document merely because the RAIN document is accessible to the receiving agency through the Regional Automated Information Network. K. TERMINATION RAIN MOU - 4 c~-\ The minimum term of this Agreement shall be one (1) year. This Agreement shall automatically be extended for consecutive one (1) year terms, unless terminated pursuant to the terms of this Agreement, or when the maintenance for the system funded by the grant for RAIN expires. A jurisdiction may withdraw its participation in RAIN by providing written notice of its withdrawal, and serving such notice upon each Executive Board member. A notice of withdrawal shall become effective thirty (30) days after service of the notice. RAIN may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only after notice has been given to the police chief or sheriff of each participating jurisdiction. For the Police Department/Sheriffs Office: Signature: Date: Name: Title: RAIN MOU - 5 ('J~D €I ORIGINAL APPENDIX A Language for Interlocal Agreement on Hold Harmless Insurance, Liability: Each Cooperating Agency shall be responsible for the wrongful or negligent actions of its employees arising out of performance of this agreement as their respective liability shall apply under the laws of the State of Washington and/or Federal law and this Agreement is not intended to diminish or expand such liability. To that end each Cooperating Agency promises to hold harmless and release all other participating Agencies from any loss, claim or liability arising from or out ofthe negligent, tortious action(s) or inaction(s) of its employees, officers and officials. Such liability shall be apportioned among the parties or other at fault persons or entities in accordance with the laws of the State of Washington. Nothing herein shall be interpreted to: a. Waive any defense arising out ofRCW Title 51. b. Limit the ability of a participant to exercise any right, defense, or remedy which a party may have with respect to third parties or other Officer(s) whose action(s) or inaction give rises to loss, claim or liability including but not limited to an assertion that the Officer(s) was acting beyond the scope of his or her employment. c. Cover or require indemnification or payment of any judgment against any individuals or Agency for intentionally wrongful conduct outside the scope of employment of any individual or Agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal employer, should that employer elect to make said payment voluntarily. This Agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. RAIN MOU - 6 ('7) ~ \ APPENDIX B RAIN Security System Security Roles and Responsibilities Policy: The Chief of Police for each participating agency in RAIN is responsible for establishing appropriate RAIN security control. Security control is defined as the ability to set, maintain, and enforce: 1. Standards for the selection, supervision, and termination of system access; and 2. Policy governing the operation of computers, access devices, circuits, hubs, router, firewalls, and other components that make up and support a telecommunications network and related RAIN system used to process, store, or transmit law enforcement and investigative information, guaranteeing the priority, integrity, and availability of service needed by the criminal justice community. Policy: The RAIN Governance Board is responsible for developing and maintaining the RAIN security policy. The RAIN Governance Board is not responsible for overseeing the security of participating agency systems, other then to act as a resource for each agency and to make decisions relating to apparent violations of the RAIN Security Policy, when they become known. Personnel Backeround Screenin2 Background: Each participating agency in RAIN is member of an information sharing network that requires a security clearance for all who access to the system. State and Federal Laws prohibit or restrict public access to and dissemination of Database Records. Access to these Database Records is therefore controlled by security authorizations. RAIN wishes to protect the security and proper use ofthe Database Records by performing Security Investigations on non Department employees or contractors who have or seek to have access to Database Records. RCW 10.97.050(3) provides that criminal justice agencies can access criminal history record information that includes non conviction data for any purpose associated with the administration of criminal justice. RCW 43.89.0 I 0 establishes the Central Computerized Enforcement Services System (ACCESS) and limits its use exclusively to the official business ofthe state, and the official business of any city, county, city and county, or other public agency. The Washington State Supreme Court has recognized that a law enforcement agency has a legitimate interest in ensuring a high level of trustworthiness and personal integrity in those individuals who would have access to Database Records due to the sensitive information accessible from those records and the unique potential RAIN MOU - 7 l,-\O dangers inherent to compromised information during ongoing criminal investigations and other law enforcement activities. Policy: State and national fingerprint-based record checks must be conducted within 30 days upon initial employment or assignment for all law enforcement non agency personnel, including appropriate IT or contractor personnel, having access to RAIN systems. The minimum check must include submission of a completed applicant fingerprint card to the appropriate state or federal identification bureau. When a record of any kind is found, access will not be granted until the Chief of Police can review the matter to decide if access is appropriate. Before system access is granted, fingerprint comparison or other positive means must establish the identification of the non-agency applicant. The Chief of Police shall determine whether the information obtained from the fingerprint-based record check demonstrates that the individual has honesty and has not committed crimes and associated with criminals, where the information contained on the Database Records would present an unacceptable risk of misuse of said records. The Chiefwill consider the following factors in his/her decision making process: Criminal convictions: . 1. Does the crime(s) go to one's honesty, integrity, tendency to associate with other criminals (for example. Theft, forgery, sale of illegal drugs for profit, computer crimes)? 2. The seriousness of the crime. 3. Applicants age when the crime was committed. 4. How long ago the crime(s) was committed. Arrests: 1. Does the arrest(s) go to one's honesty, integrity, tendency to associate with other criminals? 2. Whether the applicant disclosed the arrest. 3. The applicant's explanation for the arrest. 4. Other information that may tend to show whether the acts for which the person was arrested would demonstrate an unacceptable risk to allow applicant access to Database Records. 5. Applicants age when arrested. 6. How long ago the applicant was arrested. Revocation: When the Chief of Police becomes aware of an employee with a security clearance is arrested for a crime or is alleged of misconduct, the Chief of Police will temporarily suspend the security clearance pending a fact finding investigation. The Chief of Police may revoke the security clearance upon a showing of any event that would have resulted in an initial denial of the clearance. Physical Seeuritv RAIN MOU - 8 C-,-l \ Policy: Agencies must assume responsibility for and enforce the system's security standards with regard to all agencies and users it services. The local agency must have adequate physical security to protect against any unauthorized access to RAIN servers, computer terminals, access devices, or stored/printed data at all times. Sites include vehicles housing Mobile Data Terminals. Administrative Security Policy: Each agency Chief, by signing the Memorandum of Understanding agrees to conform to RAIN system security policy and procedures. Non-criminal justice governmental agencies designated to perform criminal justice support services such as dispatching functions or data processing/information services for a criminal justice agency are eligible for RAIN records information systems access. Non-criminal justice governmental agencies are permitted access to RAIN systems if authorized pursuant to statute, regulation, ordinance, or interagency agreement. All non-criminal justice agencies accessing RAIN systems will be subject to all RAIN operational policies, rules, and regulations. Security control responsibility must remain with the sponsoring criminal justice agency. Private contractors or vendors are permitted access to RAIN data pursuant to a specific agreement for the purpose of providing services for the administration of criminal justice pursuant to that agreement. All RAIN member agencies shall provide security awareness brie,flng to all personnel who have access to RAIN information. The goal of these briefings is to ensure that personnel are made aware of: · threats, vulnerabilities, and risks associated with accessing RAIN systems; · what requires protection; · information accessibility, handling, marking, and storage considerations; · physical and environmental considerations; · system, data, and access controls; · contingency plan procedures; · secure configuration control requirements; · social engineering practices; and · responsibility to promptly report security violations to the Chief of Police. Security Monitorine: Policy: RAIN MOU - 9 (.-- \2.- All access attempts are logged and/or recorded and are subject to routine audit or review for detection of inappropriate or illegal activity. Security-related incidents that impact RAIN data or communications circuits shall be reported to the RAIN Governance Board. Major violations (for example. Those that significantly endanger the security or integrity of the agency's system or personnel) must be immediately communicated to the RAIN Governance Board. Disposal of Media Policy: All data associated with law enforcement records stored in the RAIN system shall be securely stored and/or disposed of in an approved manner to prevent access by unauthorized personnel. RAIN MOU - 10 c~-- \~ APPENDIX C Rules for Use of Data from RAIN RAIN is an investigative tool, not a Records Management System. RAIN should be accessed only for a law enforcement purpose. It allows you to search shared data from participating agencies, but is only one element in effective law enforcement for building an investigative case. Each participating agency maintains ownership of its own data. Therefore, the following rules apply: 1. All attempts to access data through RAIN are recorded in system logs and are subject to routine audit or review. for detection of inappropriate or illegal activity. 2. A hit through RAIN is not probable cause for arrests, searches and seizures, or court testimony; but it indicates that information exists in the RMS of an identified agency. You must have original documents from the originating agency prior to using any information obtained through RAIN for any proceedings requiring court testimony. 3. Any information intended for use in a criminal record or case must be validated through the originating agency for accuracy and completeness. 4. Security-related incidents that impact RAIN data or communications shall be immediately reported to your Chief, who will report them to the RAIN Governance Board. 5. All data retrieved from law enforcement records stored in the RAIN system shall be securely stored and/or destroyed in an approved manner to prevent access by unauthorized personnel. RAIN MOU - II L ,__Ill S.H CITY OF FEDERAL WA Y CITY COUNCIL COMMITTEE STAFF REPORT __,___.,....-----------,..--~-.,r--.."-"-'-..~-.-."-'~,,--,,r- DATE: TO: VIA: FROM: August 8, 2005 Parks, Recreation, Human Services & Public Safety Council Committee David ~o~~anage~ _ Anne E. Klrkpatnck, Chief of Pohce (j [-tL.--- SUBJECT: MOU between The City of Federal Way Police Department and The City of Federal Way Information Technology Department on Security Clearances for CUITent Employees or Long -rerm Contractors having or seeking access to Police Software Applications and Databases. ---,._-,~,~.,',....-------.&-- Policy Question May the City of Federal Way accept a Memorandum of Understanding between The City of Federal Way Police Department and The City of Federal Way Information Technology Department on Security Clearances for Cunent Employees or Long Term Contractors having or seeking access to Police Software Applications and Databases? Background The Federal Way Department of Public Safety's database's have a multitude of confidential files from city, state and federal departments, which State and Federal Laws prohibit or restrict public access to and dissemination of Database Records; therefore, these database's are controlled by security authorizations. The City of Federal Way Police Department is a member of infonl1ation sharing networks that require Security Clearance for all who have access to the system. FWDPS restricts access to Database Records to Police Department employees who have passed the Department's background investigation, and wishes to protect the security and proper use of these Database Records by performing Security Investigations on non-police department employees or contractors who have or seek to have access to Database Records. The Police Department wishes to grant access to its Database Records only to those employees and existing contractors whose background demonstrates a character for honesty and not committing crimes, associating with criminals where the infonnation contained on the Database Records would present an unacceptable risk of misuse of said records. +-\ ~- \ Options I. Motion 10 accept the MOl) betwecn The City of Fcderal Way Police Departmcnl and The City of Federal Way Information Technology Department on Security Clearances for Cun-ent Employees or Long "['elm Contractors having or seeking access to Police Softwarc Applications and Databases. This MOU will establish an understanding for providing a security clearance to current lnfonnation Technology Department employees and contractors who have worked for the City for over onc ycar, who havc or seek access to City of Federal Way Police Department software applications and databases. 2. Reject the MOU The Federal Way Department of Public Safety would bc put at risk of individuals rcleasing who may misuse the database records infonnation. Staff recommendation Motion to accept Option I for the Memorandum of Understanding betwecn The City of Federal Way Police Department and T'hc City of Federal Way Information Technology Department on Security Clearances for CUITent Employees or Long Tem1 Contractors having or seeking access to Police Software Applications and Databases. Committee ,rccommendation Forward option (I) to the full City Council for approval on Scptembcr G, 2005 APPROVAL OF COMMITTEE REPORT: Committec Chair Committee Member Committcc Member 2 t-\-L CITY OF FEDERAL WAY POLICE DEPARTMENT SECURITY CHECK POLICY FOR CITY OF FEDERAL WAY APPLICANTS AND CONTRACTORS HAVING OR SEEKING ACCESS TO POLICE SOFTWARE APPLICATIONS AND DATABASES 1. PURPOSE: To establish a policy for performing security investigations, including criminal history records cheek, on non-police department City of Federal Way applicants and contractors (SECURITY Investigations) who have or seek to have access to City of Federal Way Police Department software applications and databases. 2. BACKGROUND: The City of Federal Way Police Department has software applications and databases that contain or provide access to state and federal individually identifiable criminal records history information, police incident reports, Department of Licensing records, including vehicle, vessel and firearms registration records, Department of Correction records on adult felons, and records of incoming and outgoing communication to police dispatch, among other highly confidential information related to the administration of criminal justice (hereafter referred to as "Database Records"). The City of Federal Way Police Department is a member of information sharing systems that restrict access to persons who have a security clearance. State and Federal Laws prohibit or restrict access to and dissemination of Database Records. Access to these Database Records is therefore controlled by security authorizations. Depending on the level of authorization, authorized individuals can view, alter, and access Database Records from remote locations as well as from terminals within the Police Department. Generally the City of Federal Way restricts access to Database Records to Police Department employees who have passed the Department's Background investigation. The investigation is designed and used, in part, to prevent Database Records access to individuals who would seek to misuse the records. The City uses non Police Department employees and independent contractors to install, maintain, and troubleshoot the databases and software applications containing or providing access to Database Records. Therefore, the City of Federal Way wishes to protect the security and proper use of these Database Records by performing SECURITY Investigations on non-police department applicants and independent contractors ("Applicants") who have or seek to have access to Database Records. 3. AUTHORIZATION TO CONDUCT SECURITY INVESTIGATIONS ON NON POLICE DEPARTMENT APPLICANTS, EMPLOYEES AND CONTRACTORS: RCW 10.97.050(3) provides that criminal justice agencies can access criminal history record information that includes non conviction data for any purpose associated with the administration of criminal justice. RCW 43.89.010 establishes the Central Computerized Enforcement Services System (ACCESS) and limits its use exclusively to the official business of the state, and the official business of any city, county, city and county, or other public agency. Further, the Washington Supreme Court has recognized that a law enforcement agency has a legitimate interest in ensuring a high level of trustworthiness and personal integrity in those individuals who would have access to Database Records due to the sensitive information accessible from those records and the unique potential dangers inherent to compromised intelligence during ongoing criminal investigations and other law enforcement activities. O'Hartiqan v. Department of Personnel 118 Wash.2d 111, 123-124, 821 P.2d 44,50 - 51 ( 1991 ) 4. STANDARDS FOR CONDUCTING SECURITY INVESTIGATION: The police department wishes to grant access to its Database Records only to those Applicants who can demonstrate a history and character for a) honesty b) not committing crimes or Page I t-\ <?J Security Check Policy associating with criminals, and c) not having excessive and unnecessary financial obligations where the information contained on the Database Records would present an unacceptable risk of misuse of said records. 5. SECURITY INVESTIGATION INQUIRIES: The level of examination shall be set by the Police Department. The police department may ask questions of Applicant that will facilitate obtaining information related to the following areas: A. Criminal History Records Check: 1. Prior to a criminal history records check, the Applicant will sign a release informing the Applicant of his or her rights under RCW 10.97.080 and RCW 43.43.815. 2. The applicant will be fingerprinted. B. Employment History: 1. Employment history information, including identify of former supervisors and co-workers, shall be obtained for purposes of determining reasons for leaving prior employment and Applicant's character and reputation while working for employers. C. Military Service Discharge Status D. Financial Record: 1. Credit checks shall comply with the Federal Fair Credit Reporting Act including providing Applicant with the appropriate notices to and consent obtained from Applicant prior to the check being conducted. The information obtained from the credit checks will be discussed with the Applicant and Applicant will be provided with an opportunity to explain the information obtained. E. Family Record: 1. Applicant shall disclose the name, date of birth and knowledge of arrests and/or convictions of Applicant's spouse, children, parents, siblings, and any person residing in Applicant's home (whether related or not). F. Applicant Explanation: 1. The police department investigator shall provide the Applicant an opportunity to clarify any potentially disqualifying information. 6. STANDARD FOR USING INFORMATION OBTAINED FROM SECURITY INVESTIGATION: The Chief of Police, or his/her designee, shall determine whether the information obtained from the SECURITY investigation demonstrates that the individual has honesty and has not committed crimes, associated with criminals or has excessive and unnecessary financial obligations where the information contained on the Database Records would present an unacceptable risk of misuse of said records. The Chief will consider the following factors in his decision making process: A. Criminal Conviction: 1. Does the crime(s) go to one's honesty, integrity, and tendency to Page 2 \1~Ll Security Check Policy 2. Whether the applicant disclosed the arrest. 3. The Applicant's explanation for the arrest. 4. Other Information that may tend to show whether the acts for which thc person was arrested would demonstrate an unacceptable risk to allow Applicant access to Database Records. 5. Applicant's age when arrested. 6. How long ago the Applicant was arrested. C. Financial SECURITY: 1. Does the Applicant's recent financial history show such excessive and unnecessary debts that the Applicant presents an unacceptable risk that he or she may seek to profit from the confidential Database Records? The Chief will take into consideration the Applicant's explanation of Applicant's financial circumstances. D. Employment, Family, Military History: 1. Did Applicant leave prior employment or the military for reasons that would show he or she does not have high moral integrity, honesty or that he or she committed acts that would be inconsistent with the allowing Applicant access to Database Records? 2. Does Applicant's immediate family or individuals living in applicant's home have a criminal history that would present an undue risk that Applicant would disclose confidential information from Records Databases? E. Applicant's explanation for negative information 7. NOTIFICATION OF CHIEF'S DETERMINATION A. The Chief shall notify the Director of Information Technology or his/her designee whether Applicant shall be permitted access to Database Records. As authorized by law, the Chief, in his/her discretion, may disclose to the Director the basis for the decision. B. The Director of Information Technology retains the discretion to make the final hiring decision. The Director of Information Technology or his/her designee shall not allow access to the Police Department Database Systems to an employee who has been denied access. C. Revocation: The Director of Information Technology shall inform the Chief of Police immediately upon becoming aware an employee with a Security Clearance is arrested for a crime or is alleged of misconduct. The Chief of Police may temporarily suspend the Security Clearance pending a fact-finding hearing. The employee has a right to explain the situation before the Chief makes a final determination of the Status. The Chief of Police may revoke the Security Clearance upon a showing of any event that would have resulted in an initial denial of the Clearance. Page 3 \ J_c::. ,\ --,.J Security Check Policy MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF FEDERAL WAY POLICE DEPARTMENT AND THE CITY OF FEDERAL WAY INFORMATION TECHNOLOGY DEPARTMENT ON SECURITY CLEARANCES FOR CURRENT EMPLOYEES OR LONG TERM CONTRACTORS HAVING OR SEEKING ACCESS TO POLICE SOFTWARE APPLICATIONS AND DATABASES 1. PURPOSE: To establish an understanding for providing a security clearance to current Information Technology Department employees and contractors who have worked for the City for over one year who have or seek access to City of Federal Way Police Department software applications and databases. 2. BACKGROUND: The City of Federal Way Police Department has software applications and database's that contain or provide access to state and federal individually identifiable criminal records history information, police incident reports, Department of licensing records, including vehicle, vessel and firearms registration records, Department of Correction records on adult felons, and records of incoming and outgoing communication to police dispatch, among other highly confidential information related to the administration of criminal justice (hereafter referred to as "Database Records"). The City of Federal Way Police Department is a member of information sharing networks that require Security Clearance for all who have access to the system. State and Federal Laws prohibit or restrict public access to and dissemination of Database Records. Access to these Database Records is therefore controlled by security authorizations. Depending on the level of authorization, authorized individuals can view, alter, and access Database Records from remote locations as well as from terminals within the Police Department (hereafter collectively referred to as "access"). Generally the City of Federal Way restricts access to Database Records to Police Department employees who have passed the Department's background investigation. The investigation is designed and used, in part, to prevent Database Records access to individuals who would seek to misuse the records. The City uses non Police Department employees and independent contractors to install, maintain, and troubleshoot the databases and software applications containing or providing access to Database Records. Therefore, the City of Federal Way wishes to protect the security and pro'per use of these Database Records by performing Security Investigations on non-police department employees or contractors who have or seek to have access to Database Records. 3. AUTHORIZATION TO CONDUCT SECURITY INVESTIGATIONS ON NON-POLICE DEPARTMENT EMPLOYEES OR CONTRACTORS: RCW 10.97.050(3) provides that criminal justice agencies can access criminal history record information that includes non conviction data for any purpose associated with the administration of criminal justice. RCW 43.89.010 establishes the Central Computerized Enforcement Services System (ACCESS) and limits its use exclusively to the official business of the state, and the official business of any city, county, city and county, or other public agency. Further, the Washington Supreme Court has recognized that a law enforcement agency has a legitimate interest in ensuring a high level of trustworthiness and personal integrity in those individuals who would have access to Database Records due to the sensitive information accessible from those records and the unique potential dangers inherent to compromised intelligence during ongoing criminal investigations and other law enforcement activities. Q'Hartigan v. Department of Personnel 118 Wash.2d 111, 123-124,821 P.2d 44, 50-51 (1991) Page 1 MOU Policy H--~; 4. STANDARDS FOR CONDUCTING SECURITY INVESTIGATIONS: The police department wishes to grant access to its Database Records only to those employees and existing contractors whose background demonstrates a character for: A. Honesty; B. Not committing crimes, associating with criminals where the information contained on the Database Records would present an unacceptable risk of misuse of said records. 5. SECURITY INVESTIGATION INQUIRIES: The police department may ask questions of employees or contractors that will facilitate obtaining information related to the following areas: A. Criminal History Records Check: 1. Prior to a criminal history records check, the employee or contractor will sign a release informing the employee or contractor of his or her rights under RCW 10.97.080 and RCW 43.43.815. 2. The employee or contractor will be fingerprinted. B. Employee or contractor Explanation: The police department investigator shall provide the employee or contractor and opportunity to clarify any potentially disqualifying information. 6. STANDARD FOR USING INFORMATION OBTAINED FROM SECURITY INVESTIGATION: The Chief of Police, or his/her designee, shall determine whether the information obtained from the Security investigation demonstrates that the individual has honesty and has not committed acts that would present an unacceptable risk of misuse of said records. The Chief will consider the following factors in his decision making process: A. Criminal Conviction: 1. Does the crime(s) go to one's honesty, integrity, and tendency to associate with other criminals (for example. theft, forgery, sale of illegal drugs for profit, or computer crimes)? 2. The seriousness of the crime. 3. Employee or contractor's age when the crime was committed. 4. How long ago the crime(s) was committed. B. Arrests: 1. Does the arrest(s) go to one's honesty, integrity, and tendency to associate with other criminals? 2. Whether the employee or contractor disclosed the arrest. 3. The employee or contractor's explanation for the arrest 4. Other Information that may tend to show whether the acts for which the person was arrested would demonstrate an unacceptable risk to allow the employee or contractor access to Database Records. 5. Employee or contractor's age when arrested. 6. How long ago the employee or contractor was arrested. 7. Employee or Contractor's explanation for negative information. Page 2 MOU Policy \-\-, 7. NOTIFICATION OF CHIEF'S DETERMINATION A. The Chief shall notify the Director of Information Technology or his/her designee whether thc employee or contractor shall be pennitted access to Database Records. As authorized by law, the Chief, in his/her discretion may disclose to the Director the basis for the decision. I. The Director of Information Technology or his/her designee shall not allow access to the Police Department Database Systems to an employee or contractor who has been denied access. 2. Revocation: The Director of Infonnation Technology shall inform the Chief of Police immediately upon becoming aware that an employee or contractor with a Security Clearance is arrested for or convicted of a crime or is alleged to have engaged in conduct or is involved in or associated with circumstances which would have been investigated as part of the initial security clearance process. The Chief of Police may temporarily suspend the Security Clearance pending a fact finding or other investigative process as is appropriate for the status of the individual having the security clearance. The employee or contractor has a right to explain the situation before the Chief makes a final determination of the Status. The Chief of Police may revoke the Security Clearance upon a showing of any event or circumstance that would have resulted in an initial denial of the Clearance. ~:~ MOU Policy 5,~ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: SUBJECT: August 8, 2005 Parks, Recreation, Human Services & Public Safety Council Committee David sel, it anager Anne E. Kir .atrick, ChiefofPolice Vf< MOll among The Naval Criminal Investigative Service and Participating Federal, State, County and Municipal Agencies for an Information Sharing Initiative Known as The Law Enforcement Information Exchange (LInX NW) Policy Question May the City of Federal Way accept a Memorandum of Understanding among The Naval Criminal Investigative Service and Participating Federal, State, County and Municipal Agencies for an Infom1ation Sharing Initiative Known as The Law Enforcement Information Exchange? Background LInX NW available to all participating agencies will further the wars against crime and terrorism. It is used to help identify and locate criminals, and terrorists and supporters; identify criminal and terrorist risks and threats; and otherwise provide assistance to prevent, detect and prosecute criminal and terrorist activities. Options 1. Motion to accept the MOU among the Naval Criminal Investigative Service and Participating Federal, State, County and Municipal Agencies for an Information Sharing Initiative Known as The Law Enforcement Information Exchange (LInX NW) Utilizing the LInX capabilities will significantly advance public safety and security, and will enhance the protection of this Nation's critical Naval and military resources in the Puget Sound area of the State of Washington. The UnX system will also integrate relevant records of the parties within a single warehouse of databases, effectively providing each participating agency with a single source for regional law enforcement information. 2. Reject the MOU The Federal Way Department of Public Safety would not have access to a System that shares pertinent information to assist in the wars against crime and terrorism :f-- , Staff recommendation Motion to accept Option I for the Memorandum of Understanding among The Naval Criminal Investigative Service and Participating Federal, State, County and Municipal Agencies for an Information Sharing Initiative Known as The Law Enforcement Infonnation Exchange (LInX NW) Committee recommendation forward option (1) to the full City Council for approval on September 6, 2005 APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member 2 :f-2- MEMORANDUM OF UNDERSTANDING AMONG THE NAVAL CRIMINAL INVESTIGATIVE SERVICE AND PARTICIPATING FEDERAL, STATE, COUNTY AND MUNICIPAL AGENCIES FOR AN INFORMATION SHARING INITIATIVE KNOWN AS THE LAW ENFORCEMENT INFORMATION EXCHANGE (LInX NW) A. PURPOSE. 1. This Memorandum of understanding (MOU) is entered into by the Naval Criminal Investigative Service and the Federal, State, and local law enforcement agencies and the Federal Bureau of Investigation participating in an information sharing initiative for operation of a regional warehouse of databases, known as the Puget Sound Law Enforcement Information Exchange (LInX). The purpose of this MOU is to set forth the policy and procedur.es for. the use of the LInX by the participating parties, including the ownership and control of the information within the system, which may be contributed by each party for use by the LInX and the participating agencies. 2. The driving impetus for this initiative and MOU is to further the wars against crime and terrorism in the wake of the September 11th terrorist attacks against the United States. This includes: identifying and locating criminals, terrorists and their supporters; identifying, assessing, and responding to crime and terrorist risks and threats; and otherwise preventing, detecting, and prosecuting criminal and terrorist activities. To achieve these ends, it is essential that all Federal, State, and local law enforcement agencies cooperate in efforts to share pertinent information. The LInX will integrate relevant records of the parties within a single warehouse of databases, effectively providing each participating agency with a single source for regional law enforcement information. (For security purposes, LInX access to this information will be via a separate, sensitive but unclassified server located in the Seattle FBI field office.) 3. The LInX will be available for use by participating law enforcement agencies in furtherance of authorized law enforcement activities as well as the prevention and detection of terrorist risks and threats. Utilizing the LInX capabilities will significantly advance public safety and security, and will enhance the protection of this Nation's critical Naval and military resources in the puget Sound area of the State of washington. B. PARTIES. 1. The parties to this MOU are: the Naval Criminal Investigative Service; Bainbridge Police Department; Bremerton Police Department; Everett Police Department; Kitsap County Sheriff's Office; Port of Seattle Police Department; Port Orchard police Department; Poulsbo Police Department; Seattle Police Department; Snohomish County Sheriff's Office; Tukwila Police Department; Washington Jail and Booking Records System, Washington Association of Sheriffs and Police Chiefs; and the washington State Patrol; the Federal Bureau of Investigation; and other law enforcement agencies approved by the Governance Board. 2. The above parties agree that the Puget Sound Joint Terrorism Task Force (JTTF) and the Joint Analytical Center will be permitted access to the puget Sound LInX upon their proper written request. Puget Sound LInX Mall 1 ~3 06/24/04 3. The Washington Jail and Booking Records System, Washington Association of Sheriffs and Police Chiefs, will be a contributing agency only with no querying capability. 4. The parties agree that maximum participation by all eligible law enforcement agencies will strengthen the purposes of this MOU. Accordingly, the parties anticipate and desire that other eligible agencies will join this MOU in the future. An eligible agency must apply for and be approved by the Governance Board to become a joining agency. The Governance Board shall establish criteria for eligibility to join such as but not limited to security compliance, data accountability, technical capability, and operational history. A joining agency once approved by the Governance Board shall also be considered a party and shall have the same rights, privileges, obligations, and responsibilities as the original parties. C. POINTS OF CONTACT. Each party shall designate an individual as the party's point of contact (pac) for representing that party in regard to the MOV. A party may change its POC at any time upon providing written notification thereof to the Governance Board. D. AUTHORITY. 1. Authority for the Naval Criminal Investigative Service to enter into this MOV includes Department of Defense (000) Instruction 5505.3 dated July 11, 1986 and SECNAVINST 5520.38 dated January 4, 1993. 2. Authority for washington State, county, and local agencies to enter into this MOU includes Revised Code of Washington Chapter 39.34. 3. Authority for the FBI to enter into this MOU includes: 28 V.S.C. 533, 534; 28 C.F.R. 0.85; and Presidential Decision Directives 39 and 62. E. MISSION/OBJECTIVES. This initiative seeks to capture the cumulative knowledge of regional law enforcement agencies in a systematic and ongoing manner to maximize the benefits of information gathering and analysis to prevent and respond to terrorist and criminal threats; to support preventive, investigative and enforcement activities; and to enhance public safety and force protection for the Nation's critical infrastructure in the Puget Sound area. The specific objectives of the LInX are to: 1. Integrate specific categories of law enforcement, criminal justice and investigative data from participating agencies in near real time within one data warehouse that will be accessible by all participating agencies. 2. Dramatically reduce the time spent by participating agency personnel in search and retrieval of relevant data by providing query and analytical tools. 3. Provide the means for the participating agencies to develop analytical products to support law enforcement, force protection, and counterterrorism operational and investigative activities. 4. Provide an enhanced means for the participating agencies to produce strategic analytical products to assist administrative decision-making processes for area law enforcement executives. Pugel Sound UnX MOU 2 =+4 06/24/04 F. CONCEPT. 1. The LInX is a cooperative partnership of Federal, State, county, and loca 1 law enforcement agencies, in which each agency is par'ti.cipat ing unde r its own individual legal status, jurisdiction, and authoriti.es, and all LInX operations will be based upon the legal status, jurisdiction, and authorities of the individual participants. The LInX is not intended to, and shall not, be deemed to have independent legal status. 2. The LlnX will become a central, electronic repository of derivative Federal, State, county, and local law enforcement and investigative data, with each party providing for use copies of information from its own records which may be pert inent to LInX' s miss ion. Once the database warehouse is populated and properly structured, the system will function with querying and analytical tools in support of law enforcement activities, criminal investigations, force protection, and counter terrorism, and for the development of reports by the participating agencies for the use of their executive decision makers. 3. LInX functionality may be enhanced via acquisition and commercially avai lable references, public source information, and applications such as commercial directories, census data, applications, and analytical applications. use of software mapping 4, The LInX database warehouse collection will be resident on a server located at Seattle Division, Federal Bureau of Investigation, 1110 Third Avenue, Seattle, Washington, and the warehouse will contain "sensitive But Unclassified- (SBU) information from the records systems of the MOU parties. All parties with the exception of B. 3 to this MOU contributing data to the LInX will have equal access to the LInX functionality via secure Internet connections for read, analytical and lead purposes only. G. OWNERSHIP, ENTRY, AND MAINTENANCE OF INFORMATION. 1. Each party retains sole ownership of, exclusive control over content and sole responsibility for the information it contributes, and may at wi 11 at any time update or correct any of its information in LlnX, or delete it from the LInX entirely. All system entries will be clearly marked to identify the contributing party. 2. Just as each party retains sole ownership and control of the information it contributes, so does a party retain sole ownership and control of the copies of that information replicated in the LInX. 3. The contributing party has the sole responsibility and accountability for ensuring that no information is entered into LInX that was obtained in violation of any Federal, State, or local law applicable to the contributor. 4. The contributing party has the sole responsibility and accountability for ensuring compliance with all applicable laws, regulations, policies, and procedures applicable to the party's entry and sharing of information into the LInX, 5. The contributing party has the accountability for making reasonable efforts entry, and continuing accuracy thereafter, of sole responsibility to ensure the accu racy information contributed. and. upon Each Puget Sound LInX Mall 3 :r ~-_5 06/24/04 party will notify the contributing party and the Governance Board of any challenge to the accuracy of the contributing party's information. 6. Because information housed by LInX will be limited to duplicates of information obtained and separately managed by the entering party within its own record system(s), and for which the contributing party LS solely responsible and accountable, information submitted by the participating parties shall not be altered or changed in any way, except by the contributing party. The contributing party should not make any changes to the data in the LInX warehouse that is not mirrored within the contributing party's source records. 7. The LInX will thus only be populated with mirrored information derived from each contributing party's "own records," and is not in any manner intended to be an official repository of original records, or to be used as a substitute for one, nor is the information in the system to be accorded any independent record system status. Rather, this electronic system is merely a means to provide timely access for the law enforcement: parties to information that replicates existing files/records systems. 8. To the extent that any newly discovered links, matches, relationships, interpretations, etc., located in "mining" of LInX information may be relevant and appropriate for preservation as independent records, it will be the responsibility of the accessing party to incorporate such information as records of the accessing party in the party's own official records system(s)in accordance with that party's records management processes (subject to obtaining any contributing party's consent as provided below). A party that desires to incorporate in its own separate records information contributed by another party, including any analytical products based on another party's information, must first obtain the entering party's express permission. 9. Commercially available references, publ ic source information, and software applications, such as commercial directories, census data, mapping applications, and analytical applications are considered to be nonrecord material and will be maintained in accordance with applicable contracts and/or licensing agreements. To the extent that any such information is relevant and appropriate for preservation as independent records, it will the responsibility of the accessing party to incorporate such information as records of the accessing party in the party's own official records system(s) in accordance with that party's records management processes and any applicable contract or licensing agreement. 10. Each agency has agreed to submit law enforcement, criminal justice and investigative types of records, reports, and information into the LInX warehouse. 11. There is no obligation and there should be no assumption that a particular party's records housed in the LInX database warehouse represent the totality of all records of that party's records system for any subject or person. H. ACCESS TO AND USE OF INFORMATION permit other 1. Each party will contribute information the access, dissemination, and/or use of party under the provisions of this MOU to the LInX and agrees to such information by every (and any other applicable Pugct Sound LlnX MOU 4 06/24/04 :]:-<0 agreements that may be established for the LlnX). the sole responsibility and accountability for constrained from permitting this by any laws, procedures applicable to the submitting party. The contributing party ensuring that it is regulations, policies, has not and 2. Agencies that do not provide data for inclusion in the LInX are not eligible to be parties without express, written approval of the LInX Governance Board. Only duly constituted law enforcement agencies of a Federal, military, state, county, or local jurisdiction may become a party of the LInX. 3. All parties will have access via a secure Internet connection to all the information in the LlnX, as provided in this MOU and any other applicable agreements that may established for the LInX; and each agency is responsible for providing its own internet connectivity. 4. An accessing party has the sole responsibility and accountability for ensuring that an access comports with any laws, regulations, policies, and procedures applicable to the accessing party. 5. A party may only access the LlnX when it has a legitimate, official need to know the information for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose, after receiving training appropriate to this MOU. 6. An accessing party The system can not be used background investigations of non-law enforcement purpose. may use information for official matters only. for general licensing and employment purposes, federal, state or local employees or any other 7. Information in the system, including any analytical products, may not be used for any unauthorized or non-official purpose and shall not be disseminated outside of an accessing party without first obtaining express permission of each party that contributed the information in question. Specifically included within this prohibition is the use of information in the preparation of judicial process such as affldavi ts, warrants, subpoenas, etc. 8. Notwithstanding the requirement in the previous provision that information may not be disseminated without first obtaining express permission of each party that contributed the information in question, in accordance with and to the extent permitted by applicable law, required court process, or guidelines issued jointly by the Attorney General of the United States and the Director of Central Intelligence, immediate dissemination of information can be made if a determination is made by the recipient of the information: (a) that the matter involves terrorism, immediate danger of any person, or imminent harm to an actual or potential death or serious physical the national security; and threat injury of to (b) requires dissemination without delay to any state, local, or foreign government off icial preventing or responding to such a threat. appropriate federal, for the purpose of The owner of the information shall be immediately notified of any and all disseminations made under this exception. Puget Sound LJ nX MOU 5 06/24/04 5-l 9. Any requests for reports or data in LInX records from anyone other than a party to this MOV will be directed to the contributing party. 10. Agencies other than the exception noted in paragraph B.2 above who are not part of this MOV will not have direct access to LInX. Requests by such agencies for copies of information contained in LInX must be referred to the individual LInX party that owns the information. 11. The information in the LInX shall not be used to establish or verify the eligibility of, or continuing compl iance with statutory and regulatory requirements by applicants for, recipients or beneE iciaries of, participants ln, Ot- providers of services .with respect to, cash or in~kind assistance or payments under the Federal or Commonwealth benefit programs, or to recoup payments or del inquent debts under such Federal or Commonwealth benef i t programs. 12. The LInX will include an audit capability that will log all user actions, including queries executed, responses, alerts set, and notifications received. The log shall be maintained for the life of the record plus five (5) years. Any contributing party may request to receive copies of the audit log showing access to that party's data. I. SECURITY. 1. Each party will be responsible for designating those employees who have access to the LlnX. This system has been developed with the capability to record each use of the system, including the identity of the individual accessing the system, and the time of the access to the system, and the information queried. The system was developed with security in mind. It should be remembered by each participating member that access to the information within the system should be on a strictly official, need-to-know basis, and that all information is law enforcement sensitive. 2. Each party agrees to use the same degree of care in protect ing information accessed under this MOV as it exercises with respect to its own sensitive information. Each party agrees to restrict access to such information to only those of it's (and it governmental superior's) officers, employees, detailees, agents, representatives, task force members, contractors/subcontractors, consultants, or advisors with a official "need to know. such information. 3. Each party is responsible for training those employees authorized to access the LInX system regarding the use and dissemination of information obtained from the system. Specifically, employees should be given a clear understanding of the need to verify the reliability of the information with the contributing party before using the information for purposes such as preparing affidavits, or obtaining subpoenas and warrants etc. Parties should also fully brief accessing employees about the proscriptions for using third party information as described in Section H, paragraphs 4-11, above. J. PROPERTY. 1. The equipment purchased by the NCIS to support this effort will remain the property of the NCIS. After expiration of any warranties, the NCIS, FBI, and the Puget Sound LInX Regional Governance Board will determine the responsibility for the maintenance of the server. Puget Sound LlnX MOU 6 06/24/04 -:r" 0 2. Ownership of all property purchased by parties other than the NeTS wi 11 remain the property of the purchasing party. Each party accessing the LlnX from the party's facility shall provide its own computer stations for its designated employees to have use and access to the LInX. The accessing party is responsible for configuring its computers to conform to the access requirements. Maintenance of the equipment purchased by the accessing party shall be the responsibility of that party. K. COSTS. 1. Unless otherwise provided herein or in a supplementary writing, each party shall bear its own costs in relation to this MOU. Even where a party has agreed (or later does agree) to assume a particular financial responsibility, the party's express written approval must be obtained before the incurring by another party of each expense associated with the responsibility. All obligations of and expenditures by the parties will be subject to their respective budgetary and fiscal processes and subject to availability of funds pursuant to all laws, regulations, and policiee appl icable thereto. The parties acknowledge that there is no int i.mat ion, promise, or guarantee that funds will be available in future years. L. LIABILITY. 1. The LlnX is not a separate legal entity capable of maintaining an employer-employee relationship and, as such, all personnel assigned by a party to perform LInX related functions shall not be considered employees of the LlnX or of any other party for any purpose. The assigning party thus remains solely responsible for supervision, work schedules, performance appraisals, compensation, overtime, vacations, retirement, expenses, disability, and all other employment-related benefits incident to assignment of its personnel to LlnX functions. 2. Unless specifically addressed by the terms of this MOU (or other written agreement), the parties acknowledge responsibility for the negligent or wrongful acts or omissions of their respective officers and employees, but only to the extent they would be liable under the laws of the jurisdiction(s) to which they are subject. M. GOVERNANCE. 1. The parties recognize that the success of this proj ect requires close cooperation on the part of all parties. To this end, the LInX will be operated under a shared management concept in which the parties will be involved in formulating operating policies and procedures. The puget Sound LlnX Regional Governance Board will consist of the head (or authorized designee) of each participating law enforcement agency. The parties agree to comply with all future policies and procedures developed by this Governance Board. 2. Each member of the Governance Board shall have an voice on all board decisions. Unless otherwise provided, Rules of Order shall govern all procedural matters relating of the Governance Board. equal vote and Roberts Revised to the bw,lness 3. A chairperson shall be elected by its members, other officers as a majority of the Board may determine. together with such The chairperson, or Puget Sound UnX MOU 7 -:r~, 06/24/04 any board member, may call sess ions as necessary. For a meeting to occur a minimum of 51% of the membership must be present and a simple majority of those present shall be required for passage of any policy matters. A tie vote does not pass the matter. In emergency situations, the presiding officer may conduct a telephone or email poll of Board members to resolve any issues. The Board of Governors may also establish any needed committees such as technical, user, and legal. 4. Disagreements among the parties arising under or relating to this MOU shall be resolved only via consultation at the lowest practicable level by and between the affected parties and their sponsoring agencies (or as otherwise may be provided under any separate governance procedures) and will not be referred to any court, or to any other person or entity for settlement. All unresolved matters will go before the Governance Board. 5. The Governance Board may establish additional procedur.es and rules for the governance of LlnX and in furtherance thereof may enter into one or more separate formal or informal agreements, provided that any such agreement does not conflict with the spirit, intent, or provisions of this MOU, and is sufficiently memorialized to meet the business purposes of LInX governance (including adequately informing current and future parties). Such governance agreement(s) may, for instance address: organizational structure and control; executive management and administration; delegation of authority; operating policies, procedures, rules, and practices; meetings, quorums, and voting. procedures; audits; and sanctions (including involuntary termination of a party's participation in this MOU). N. NO RIGHTS IN NON-PARTIES. 1. This MOU is an agreement among the parties and is not intended, and should not be construed, to create or confer on any other person or entity any right or benefit, substantive or procedural, enforceable at law or otherwise against the NeIS, the Department of the Navy, the Department of Defense, the FBI, the Department of Justice, the United States, a party, or any State, county, locality, or other sponsor under whose auspices a party is participating in the LInX or the officers, directors, employees, detailees, agents, representatives, contractors, subcontractors, consultants, advisors, successors, assigns or other agencies thereof. Q. EFFECTIVE DATE/DURATION/MODIFICATION/TERMINATION. 1. As among the original parties, this MOU shall become effective when the duly authorized representatives of each party have all signed it. For parties who subsequently join, this MOU shall become effective when completed and signed by the joining party's duly authorized representative and countersigned by the representatives of the LInX authorized to do so under LlnX Governance procedures applicable at the time of joining. 2. This MOU shall continue in force indefinitely for so long as it continues to advance the participants' mission purposes, contingent upon approval and availability of necessary funding. 3. This MOU may be modified upon the mutual written consent of the duly authorized representatives of all parties. However, the parties may, without the need of formal MOU modification, cooperatively address and resolve administrative, technical, and operational details relating to this MOU, provided that any such resolution: does not conflict with the spirit, intent, Puget Sound L1nX Mall 8 :r- ~ tD 06/24/04 or provisions of this MOU; could not reasonably be viewed sensitive, controversial, or objectionable by one or more suff icient ly memorial ized to meet the business purposes of (including adequately informing current and future parties) . as particularly parties; and is LlnX governance 4. This MOU may be terminated at any time by the mutual written agreement of the duly authorized representatives of all parties. A party's duly authorized representative may also terminate the party's participation in the MOU upon written notice to all other parties of not less than thirty 30 days. A party's participation may also be terminated involuntarily as may be provided in applicable governance agreement. 5. Upon termination of this MOU, all property being used under its purview will be returned to the respective supplying party. Similarly, if an individual party's participation in this MOU is terminated, the party will return any property to supplying parties, and the remaining parties will return any property supplied by the withdrawing party. 6. All information contributed to the LlnX by a terminating party will be deleted from LlnX. 7. As to information in the LlnX during a party's participation under this MOU, the rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use of such information shall survive any termination. This applies both as to a terminating party's information, and to the other parties' disclosure and use of a terminating party's information. P. APPENDICES A. Form for new agencies to join MOU (and copies of executed forms for each new agency which has so joined) B. Points of Contact C. Governance provisions (may be added later at the discretion of the Boa rd) D. security Policy (may be added later). IN WITNESS WHEREOF, the parties have executed this MOU by the signatures of the duly authorized representative of each participating agency on an individual page attached hereto and incorporated herein as part of this MOU. Puget Sound LlnX MaLI 9 =r~l\ 06/24/04 APPENDIX A - puget Sound LInX MEMORANDUM OF UNDERSTANDING PURPOSE. This document effects the joining by the in the MEMORANDUM OF UNDERSTANDING AMONG THE NAVAL CRIMINAL INVESTIGATIVE SERVICE AND PARTICIPATING FEDERAL, STATE, AND LOCAL AGENCIES FOR AN INFORMATION SHARING INITIATIVE KNOWN AS THE PUGET SOUND LAW ENFORCEMENT INFORMATION EXCHANGE (LInX). AUTHORITY. Authority for the Joining Party to enter into this MOU includes: RCWIO. 97" 050 L~J AGREEMENT. The Joining Party agrees to abide by all provisions and assume all obligations and responsibilities of the MOU, including any formal changes and any administrative, technical, and operational resolutions in effect at the time of execution (as to which the Joining Party acknowledges being provided copies or other adequate notice). In return, the Joining Party shall also be considered a party and shall have the same rights and privileges as the original parties. POINT OF CONTACT. The Joining Party's POC is: Name and Title: Office Phone: Address: Email/Other: Cell: Fax: COSTS. Unless otherwise agreed in writing, the Joining Party shall bear its own costs in relation to the MOU. EFFECTIVE DATE/DURATION/TERMINATION. This document shall take effect when completed and signed by the Joining Party's duly authorized representative and countersigned by the representatives of the LlnX authorized to do so under LInX governance procedures applicable at the time of joining. 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