AG 09-254 - Washington State patrol1 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:
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INITIAL/ DATE SIGNED
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A. 09 - 2.51-/ A
DATE SENT: 9 ;.2.g - /(p
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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
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Printed tame and Title
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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