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AG 09-2541 1 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ. BY: ASA P 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL ❑ PUBLIC WORKS CONTRACT X PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): d R -251% ❑ OTHER 5. PROJECT NAME: WASHINGTON STATE PATROL CONTRACT AMENDMENT TO THE SECTOR SERVICE LEVEL AGREEMENT BETWEEN THE FEDERAL WAY POLICE DEPARTMENT AND WSP 6. NAME OF CONTRACTOR: WSP ADDRESS: PO Box 42602, OLYMPIA, WA 98504 -2602 TELEPHONE 360 -596 -4043 E -MAIL: FAX: SIGNATURE NAME: JOHN R. BATISTE TITLE CHIEF 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: ORIGINAL SIGNED IN 2009 COMPLETION DATE: UNTIL TERMINATED IN WRITING 4.-- 9. TOTAL COMPENSATION (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER x DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) PAID BY: ❑ CONTRACTOR ❑ CITY INITIAL / DATE REVIEWED INITIAL / DATE APPROVED N-, 517,0 lb COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ LAW DEPARTMENT ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: r INITIAL/ DATE SIGNED h Nb A. 09 - 2.51-/ A DATE SENT: 9 ;.2.g - /(p Cowl, LAA if ce v" G. w 0 P e s e. 1 m-6-- w1. e- K. 4-101-0 0( y n e- e WSP Contract No. C100145GSC Amendment 1 WASHINGTON STATE PATROL CONTRACT AMENDMENT The above - referenced Contract between the Washington State Patrol and the Federal Way Police Department is hereby amended as follows: a. Section 10, the period of performance of this Contract is extended until terminated as provided in accordance with Section 11. b. Appendix C, Section 1 Project Contacts for Service Level Agreements issues: Ms. Debbie Peterman Information Technology Division Washington State Patrol Street Address: 403 Cleveland Avenue, Suite C, Tumwater WA 98501 Mailing Address: PO Box 42622, Olympia WA 98504 -2622 Telephone: (360) 596 -4976 E -mail: sectoradmin @wsp.wa.gov All other terms and conditions of this Contract remain in full force and effect. THIS AMENDMENT is executed by the persons signing below, who warrant that they have the authority to execute this Amendment. STATE OF WASHINGTON WASHINGTON STATE PATROL FOR: John R. Batiste, Chief 0-6 FEDERAL WAY POLICE DEPARTMENT \r-A-e--°/el Signature Date Date WSP No. C100145GSC SECTOR Service Level Agreement Between Federal Way Police Department And Washington State Patrol 1. Purpose. This Service Level Agreement (Agreement) is between the Washington State Patrol (WSP) and the Federal Way Police Department (Law Enforcement Agency or LEA). This Agreement defines roles and expectations in regard to the Statewide Electronic Collision and Ticket Online Records (SECTOR) processes including a method for resolving technical issues. 2. Description of SECTOR. SECTOR has three primary parts: • SECTOR Client is the application that operates on a vehicle computer or device, or a collision reviewer's workstation. SECTOR Client software will be used to create and transmit electronic collision reports, notice of infractions (NOI), and notice of criminal citations (NOCC). • SECTOR BackOffice is the application and database at WSP that accepts collision reports, NOls and NOCCs. The SECTOR BackOffice application coordinates updates to the SECTOR Client software • The third part is all applications that receive and process collision, NOI and NOCC data as collected either through SECTOR or on paper forms. These applications are under the control of a governing organization with representatives from the Washington Traffic Safety Commission (WTSC), WSP, the Administrative Office of the Courts (AOC), the Washington State Department of Transportation (WSDOT), and the Department of Licensing (DOL). This group is known as the SECTOR Governance Committee. 3. LEA Responsibilities. The LEA certifies that it operates computers to create vehicle collision reports, NOls, and NOCCs pursuant to federal, state, and local requirements using SECTOR Client. Under this Agreement the responsibilities of the LEA are: a. The LEA shall designate a Local SECTOR Administrator as the primary contact for SECTOR and who will receive SECTOR Administrator training. The Local SECTOR administrator shall: • Administer user accounts for LEA personnel; • Accept modifications to the SECTOR Client; • Document and submit recommendations for modification of SECTOR via the change request process; • Manage the connection(s) needed to move data between SECTOR Client to SECTOR BackOffice applications; • Provide support for LEA users and reviewers; • Update required LEA processes with the parameters of SECTOR. SECTOR User Agreement- April 2009 Page 1 • Contact WSP Information Technology Division Customer Services to initiate a work order for problem resolution and tracking. b. LEA support staff will install SECTOR Client software on LEA -owned equipment. The LEA will not share the SECTOR Client with others. c. The LEA acknowledges Appendix A, Statement on Collision Records Data. The LEA certifies that it operates electronic equipment to create vehicle collision reports pursuant to federal, state and local requirements; and that it will not disclose collision data except in compliance with 23 U.S.C. §409, other federal law and state law. d. The LEA will adhere to the SECTOR application standards for the computing environment as published by WSP. The LEA will make its electronic collision, NOI and NOCC reporting equipment and system secure and prevent unauthorized use. The LEA will ensure LEA SECTOR equipment maintains current virus checking software. If the LEA SECTOR equipment becomes infected, the LEA will take all necessary steps to remove the virus and assure the virus is not transmitted to the SECTOR server located at and maintained by WSP. e. LEA users and reviewers will transfer collisions, NOls, and NOCCs regularly and promptly. All LEA users and reviewers will adhere to training program detailed in Appendix B, SECTOR Governance Committee Training Policies. f. The LEA will be responsible for all required hardware and software purchases for the LEA use of the SECTOR Client application and the transmittal of collision reports, NOls, and NOCCs to WSP, including LEA personnel, operating, maintenance, and data transmission costs. Any costs associated with the LEA interfacing with SECTOR BackOffice will be the responsibility of the LEA. 4. WSP Responsibilities. WSP provides support for SECTOR Client and SECTOR BackOffice computing environment. Under this Agreement the responsibilities of WSP are: a. WSP will provide SECTOR Client software to the LEA at no charge. Maintenance of the SECTOR Client application is provided by WSP, including maintaining compliance with the business rules, data formats, and standardized collision report forms. WSP will provide the Web uniform resource locator (URL) address for connection to the SECTOR BackOffice application and security information to the Local SECTOR Administrator to assure client connectivity. WSP will provide a secure environment for collision, NOI, and NOCC data; and retain this data according to federal and state laws and regulations. WSP will also provide to the LEA any evasive action required to protect the SECTOR computing environment from significant risk. b. WSP will create Local SECTOR Administrator Account; train the Local SECTOR Administrator; and assist the Local SECTOR Administrator in administration of agency accounts. c. WSP will provide a change request/control process; coordinate change requests describing issues or enhancements through the SECTOR Governance Committee; provide notification of application modifications; transmit NOls and NOCCs to AOC; and transmit collision reports to DOT and DOL. SECTOR User Agreement- April 2009 Page 2 d. WSP reserves the right to review and approve LEA equipment security measures; and to suspend or withhold service until such matters are corrected to the reasonable satisfaction of WSP. This includes validation of current virus checking software packages. e. WSP will support SECTOR Governance Committee sanctioned training. f. WSP Information Technology Division Customer Services will provide first level telephone support twenty -four (24) hours -a -day, seven (7) days -a -week to assist the LEA in resolving problems with the SECTOR application. This support is limited to resolutions for routine questions on the SECTOR Client application and processes, including troubleshooting and password resets, and using pre - defined policies and procedures. Items not immediately resolved by WSP will be moved to a higher level of support within WSP; this higher level of support is provided during regular business hours, Monday through Friday. 5. Project Contacts. WSP and LEA points of contact for this Agreement are identified in Appendix C, Protect Contacts. 6. Changes and Modifications. Except for changes to the points of contact information contained in Appendix C, changes in this Agreement are not in effect unless agreed upon by both WSP and the LEA. However, the LEA agrees to comply with changes in data formats, report forms and other business rules as required by WSP. The LEA will be notified when any changes or updates to these requirements occur. The revising party shall notify the other party of any changes to Appendix C within five (5) business days of the change taking affect. 7. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws. 8. WSP Staffing. WSP staff providing services under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee and shall perform the duties required by this Agreement in a manner consistent with WSP policy and regulations, applicable state and local laws, and the Constitutions of the State of Washington and the United States. The assignment of personnel to accomplish the purpose of this Agreement shall be at the discretion of the Chief of WSP or designee. 9. Hold Harmless. Each party shall defend, protect and hold harmless the other party from and against all claims suits and/or actions arising from any negligent or international act or omission of that party's employees, agents, and /or authorized subcontractor(s) while performing under this Agreement. 10. Period of Performance. This Agreement becomes effective on the date of the last signature and continues until June 30, 2014 or until termination as provided herein. 11. Termination. Except as otherwise provided in this Agreement, either party may terminate this Agreement by giving ninety (90) calendar days written notification of termination to the other party. If this Agreement is so terminated, the terminating party shall be liable only for SECTOR User Agreement- April 2009 Page 3 performance in accordance with the terms of this Agreement for performance prior to the effective date of termination. 12. Disputes. In the event that a dispute arises under this agreement, it shall be determined in the following manner. The Chief of the WSP shall appoint one member to the Dispute Board. The LEA shall appoint one member to the Dispute Board. The Chief of the WSP and the LEA shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process and if applicable, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 13. Order of Precedence. In the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: applicable federal and state statutes and regulations; the terms and conditions contained in this Agreement; any other provisions of the Agreement, whether incorporated by reference or otherwise. 14. Complete Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind any of the parties hereto. The parties signing below warrant that they have read and understand this Agreement; and have the authority to enter into this Agreement. STATE OF WASHINGTON WASHINGTON STATE PATROL FEDERAL WAY POLICE DEPARTMENT 4_0 7. Signatu Date Signature Printed Name and Title Jess€ A !J Printed tame and Title i 8k-A Date 4c77 /C CK -( APPROVED BY THE OFFICE OF THE ATTORNEY GENERAL 4/22/09 Appendices: Appendix A - Statement on Collision Records Data Appendix B - SECTOR Governance Committee Training Policies Appendix B - Project Contacts SECTOR User Agreement- April 2009 Page 4 APPENDIX A Statement on Collision Records Data In 1938 Washington State law (currently RCW 46.52.060) authorized the Washington State Patrol (WSP) to file, tabulate and analyze collision reports; and to produce certain statistical information about collisions. For the next thirty years WSP maintained a largely manual system for filing collision reports generated over approximately five -year periods. WSP also produced some limited statistical collision data, primarily fatality and accident rate summaries, using paper punch card technology. Analysis of collision data for highway safety purposes was not possible because Washington State did not have a uniform collision report; data on collision reports was primitive and inconsistent; collision reports were not coded by precise roadway location; and no computerized database system existed. In 1966 and 1973 the federal government enacted laws requiring states to create computerized collision databases in order to analyze the need for highway safety improvements; and to participate in federal programs to fund those improvements. These federal laws and their associated funding provided for states to adopt uniform collision reports containing detailed highway safety coding; and provided that information from these reports would be maintained in a computerized collision database with precise location coding of all collisions. These laws were implemented jointly by WSP and the Washington State Department of Transportation (WSDOT). Beginning in approximately 1970 WSP collected collision reports and entered the raw data into a computer. The data was then transferred to WSDOT for the creation of the collision database required under federal law. WSP maintained copies of individual collision records as well as its database, while WSDOT maintained their own collision database. The WSP and WSDOT systems for filing individual collision reports, the entry of raw data into a computer, and the creation of the collision database remained unchanged until 1996. By this time the original WSP computer system used for data entry and storage and retrieval of collision records had become obsolete. An attempt to convert to an optical character recognition system was not successful. After an extensive discussion between WSP, WSDOT and the Washington State Office of Financial Management, the agencies concluded that functions related to the maintenance of copies of collision reports and computer input of raw collision report data could be most efficiently performed by WSDOT in conjunction with its already existing collision database function. Beginning in 2002, WSDOT not only created the collision database required by federal law but also, pursuant to an interagency agreement with WSP, began entering all raw collision data into WSDOT's computer. Pursuant to this interagency agreement, WSDOT also began work to develop an electronic imaging system to store and retrieve copies of individual collision reports. This imaging system was implemented in May 2003. The current system for filing paper collision reports and creating the collision database will remain in effect until WSP, WSDOT and separate taw enforcement agencies enter into a SECTOR Service Level Agreement to allow LEAs to file collision reports and transmit collision report data electronically to WSDOT. The Statewide Electronic Collision and Ticket Online Records (SECTOR) application was developed through a collaborative partnership that includes WSP, WSDOT, the Administrative Office of the Courts, the Department of Licensing, and local law enforcement agencies. SECTOR enables law enforcement officers to create electronic collision reports and other forms in the field, pursuant to federal, state and local requirements. This data is then transferred to a central database where it is available for review, analysis and reporting by law enforcement agencies. SECTOR User Agreement- April 2009 Page 5 The Department of Licensing is an agency of the State of Washington authorized by law (RCW 46.52.030) to receive full access to collision reports for purposes of maintaining case records under RCW 46.52.120; for supplying abstracts of driving records under RCW 46.52.130; and to administer financial responsibility requirements when drivers are involved in traffic collisions under chapter 46.29 RCW. To perform these functions, they must review collision reports that are filed by law enforcement agencies and citizens. 23 U.S.C. §409 prohibits data compiled or collected for purposes of complying with federal highway safety laws from being used in any action for damages arising from any occurrence at a location mentioned in the data (Pierce County v. Guillen, 537 U.S. 129 [2003]). Accordingly, collision data may not be disclosed unless a requestor acknowledges that the data will not be used in any action for damages arising from any occurrence at a location mentioned in the report. SECTOR User Agreement- April 2009 Page 6 APPENDIX B SECTOR Governance Committee Training Policies Training Requirements 1. Every LEA that elects to use SECTOR must designate one person (up to three) to attend a Governance Team sponsored SECTOR Training Course. This ensures that each LEA using SECTOR will have at least one individual who has received training through the Governance Team sponsored SECTOR Training Course. An LEA may send more than three officers /deputies to Governance Team sponsored SECTOR Training Course when additional seats are available. 2. Individuals who have attended the Governance Team sponsored SECTOR Training Course should assume responsibility for training other users within their LEA. 3. Training courses conducted within an LEA must be coordinated with the SECTOR Training Coordinator. Training Recommendations 1. Individuals conducting training within their LEA should be proficient with the SECTOR application prior to training additional users by using SECTOR for at least 90 days prior to conducting training. LEAs can request assistance from WSP or other agencies for training. 2. LEAs must designate a SECTOR point -of- contact through whom all SECTOR support questions will come to the WSP help desk. This point -of- contact will most often be the LEA's designated Local SECTOR Administrator. For urgent SECTOR issues or questions during non - standard work hours SECTOR users may contact the WSP Information Technology Division Customer Services. 3. Each LEA SECTOR User should receive training with the current version of the course materials and according to established course standards. These include: a. Course manuals & exercises b. Training materials c. Suggested course duration (2 days) d. SECTOR Training evaluation form (optional) 4. Individuals who have attended a Governance Team sponsored SECTOR Training Course and are experienced in the use of SECTOR are encouraged to serve as trainers in future Governance Team sponsored SECTOR Training Courses or with other agencies. 5. Recommendations for improvements to SECTOR should be directed to the LEA's Local SECTOR Administrator. The Local SECTOR Administrator sends recommendations / feedback to WSP. SECTOR User Agreement- April 2009 Page 7 APPENDIX C Project Contacts 1. For WSP: Technical issues and change requests: Information Technology Division Customer Services Group Telephone: (360) 705 -5999 E -mail: ITDCustomerServicesGroup (c?wsp.wa.gov or ITDHelpAwsp.wa.gov Service Level Agreement issues: Mr. Daniel Parsons, Chief Technology Officer Information Technology Division Street Address: 403 Cleveland Avenue, Suite C, Tumwater WA 98501 Mailing Address: PO Box 42622, Olympia WA 98504 -2622 Telephone: (360) 705 -5184 E -mail: daniel.parsons(crwsp.wa.gov 2. For the LEA: Technical issues and change requests: Brian Pearson, Information Technology Supervisor City of Federal Way PO Box 9718 Federal Way WA 98093 (206) 835 -2552 brian .pearson(a7cityoffederalway.com Service Level Agreement issues: Cathy Schrock, Civilian Operations Manager Federal Way Police Department PO Box 9718 Federal Way WA 98093 (253) 835 -6850 cathy.schrock ancityoffederalway.com SECTOR User Agreement- April 2009 Page 8