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HomeMy WebLinkAbout03/03/2009 10 Vehicle/License Plate Information Electronic Transfer MOU with Washington State Patrol BUSINESS OF THE CITY COUNCIL • YAKIMA, WASHINGTON AGENDA STATEMENT Item No.� For Meeting of March 24, 2009 ITEM TITLE: Consideration of a Resolution authorizing execution of a Memorandum of Understanding between the Washington State Patrol and Yakima Police Department regarding the electronic transfer of vehicle and license plate information for law enforcement purposes SUBMITTED BY: Sam Granato, Police Chief Kelly Rosenow, Deputy Police Chief CONTACT PERSON/TELEPHONE: Sam Granato, Police Chief, 575 -6211 Kelly Rosenow, Deputy Police Chief, 575 -6210 SUMMARY EXPLANATION: On June 27, 2008, the City received a grant through the Washington Auto Theft Prevention Authority for auto theft activities in the City of Yakima. These auto theft activities will include the purchase of automated license plate readers to be installed in patrol vehicles, stop sticks to be used for termination of vehicle pursuits, and overtime reimbursement for officers assigned to auto theft prevention emphasis patrols. In order for the program to be implemented, a Memorandum of Understanding must be approved between the Yakima Police Department and Washington State Patrol (WSP) to allow WSP to make its stolen vehicle database available. Resolution X Ordinance Other (Specify) MOU Contract Mail to (name and address): Mr. Jim Anderson, Administrator WSP Criminal Records Division, P.O. Box 42619, Olympia, WA 98504 -2619 Phone: 360- 5342101 Funding Source Washington Association of Sheriffs and Police Chiefs (federal) APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION /COMMITTEE RECOMMENDATION COUNCIL ACTION: . • • SO E LUTION NO. R -2009- R A RESOLUTION authorizing the Chief of Police of the City of Yakima to execute a Memorandum of Understanding with the Washington State Patrol regarding the electronic transfer of vehicle and license plate information for law enforcement purposes. WHEREAS, the Yakima Police Department (YPD) desires access to electronic vehicle and license plate information from the Washington State Patrol (WSP) for law enforcement purposes; and WHEREAS, the WSP is willing to make its databases available to the YPD pursuant to the terms and conditions of the attached Memorandum of Understanding; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the City to enter into the attached Memorandum of Understanding with the WSP to access state law enforcement databases, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: • The Chief of Police of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Memorandum of Understanding between the Washington State Patrol and the Yakima Police Department" for the purpose of providing vehicle and license plate information for law enforcement purposes. ADOPTED BY THE CITY COUNCIL this 3 day of March, 2009. David Edler, Mayor ATTEST: City Clerk 1111 MEMORANDUM OF UNDERSTANDING WSP No. BETWEEN THE WASHINGTON STATE PATROL • AND THE YAKIMA POLICE DEPARTMENT 1. PURPOSE: The purpose of this Memorandum of Understanding (MOU) between the Washington State Patrol (WSP) and the Police Department for the City of Yakima, hereinafter referred to as the "parties', is to memorialize the parties' understanding regarding transmitting, receiving, and storing information contained in the National Crime Information Center (NCIC) and Washington Crime Information Center ( WACIC) systems of records made available through a data transfer program. The data provided by WSP will be used by Yakima Police Department as input to a law enforcement application. WSP provides NCIC data to the Yakima Police Department (Department) through WSP's Central Computerized Enforcement Service System (ACCESS). The Department has a separate agreement with WSP regarding access to, use of, and subsequent dissemination of information obtained through ACCESS, including NCIC data. This MOU has no affect on that agreement. 2. BACKGROUND: The Federal Bureau of Investigation (FBI) maintains the NCIC system of records containing multiple files. WSP maintains the WACIC system of records containing multiple files. Information included in WACIC and NCIC may be stolen vehicles, vehicles wanted in conjunction with felonies, wanted - persons, and vehicles subJect to seizure based on federal court orders. - The Yakima Police Department has instituted state- of -the-art license plate screening technology from mobile and fixed sites. The Yakima Police Department's vendors provide software and screening devices that have the capability of scanning license plates and searching a local database loaded into a patrol vehicle computer or other locations controlled by the agency. The Yakima Police Department has requested to obtain relatively current information from the NCIC files in order to compare scanned numbers against stolen license plates. The Yakima Police Department certifies its vendors providing license plate screening technology do not have access to NCIC data provided to the Yakima Police Department by WSP. 3. SCOPE: This MOU applies to WSP making information from the NCIC Vehicle File, License Plate File and Wanted Person File available to Yakima Police Department via a secure FTP Server environment. • • Page 1 of 6 A. WSP will: • 1) Provide the Yakima Police Department with the data elements and disqualifying items as described in Attachment 1, Data Elements and Handling Instructions, which is attached hereto and incorporated herein. 2) Provide updated extract information on a mutually agreed to frequency; 3) Respond to specific inquiries from the Yakima Police Department; and 4) Provide the Yakima Police Department with the name and telephone number of a technical and an administrative point of contact. B. The Yakima Police Department will: 1) Use the NCIC extracts for law enforcement' purposes; 2) Update its local database as FBI updates become available via WSP, ensuring that those numbers deleted from the NCIC system are also deleted from all local databases; 3) Confirm extract hits are still active in NCIC, at the earliest reasonable opportunity, in accordance with current hit confirmation policy; 4) Provide the WSP with the name and telephone number of a technical and an administrative point of contact; and 5) Ensure that the Yakima Police Department's use and dissemination of data 411 provided by WSP under this MOU is in accordance with federal and state laws and regulations, including but not limited to the FBI's Criminal Justice Systems Information (CJIS) regulations. 4. FUNDING: Each party will fund its own activities unless otherwise agreed in writing. The Yakima Police Department has a separate agreement with WSP for use of ACCESS. This MOU has no affect on that agreement, or the rates and fees WSP charges for the services provided thereunder. 5. LIAISON REPRESENTATIVES For the Washington State Patrol For the City of Yakima Police Department Mr. Jim Anderson, Administrator Kelly M. Rosenow, Deputy Chief of Police Criminal Records Division 200 South Third Street PO Box 42619 Yakima WA 98901 Olympia WA 98504 -2619 Phone: 509- 575 -6210 Phone: (360) - 534 -2101 Fax: 509 -575- Fax: (360) — 534 -2070 E-mail: krosenow @ci.yakima.wa.us E -mail: jim.anderson @wsp.wa.gov 6. CONFIDENTIAL INFORMATION: The Yakima Police Department acknowledges that some of the material and information that may come into • its possession or knowledge in connection with this MOU or its performance Page 2 of 6 • may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other state or federal statutes ("Confidential Information "). Confidential Information includes, but is not limited to, names, addresses, Social Security numbers, e- mail addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, agency source code or object code, agency security data, or information identifiable to an individual that relates to any of these types of information. The Yakima Police Department agrees to hold Confidential Information in strictest confidence and not to make use of Confidential Information for any purpose other than the performance of this MOU, to release it only to authorized employees requiring such information for the purposes of carrying out this MOU, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without WSP's express written consent or as provided by law. Furthermore, the Yakima Police Department's use and dissemination of NCIC data provided by WSP under this MOU is governed by the Yakima Police Department's agreement with WSP regarding access to, use of, and subsequent dissemination of NCIC data and other information obtained through ACCESS. • 7. SEVERABILITY: If any portion of this MOU is changed per mutual agreement or any portion is held invalid, the remainder of this MOU shall remain in full force and effect. 8. AMENDMENT, TERMINATION, ENTRY INTO FORCE, AND DURATION: A. All activities of the parties under this MOU will be carried out in accordance with the above - described provisions. B. This MOU may be amended or terminated by the mutual written consent of the parties' authorized representatives. c. In addition, either party may terminate this MOU upon 30 days written notification to the other party. The M OU will remain in effect until the date of termination. 9. EFFECTIVE PERIOD: This MOU will enter into effect upon signature of both parties, will be reviewed annually to determine whether amendments are needed, and will remain in effect until terminated. 10. NO THIRD PARTY BENEFITS: This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, their parent agencies, the United States, or the officers, employees, agents, or other associated personnel thereof. 11. NON- WAIVER: The waiver of either party of the breach of any provision of this MOU by the other party shall not operate and /or be construed as a Page 3 of 6 wavier of any subsequent breach by either party or prevent either party • from thereafter enforcing such provision. 12. INTEGRATION AND SUPERSESSION: This MOU sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof. 13. SURVIVAL. Any provision of this MOU that imposes an obligation after termination of this MOU shall survive the term or expiration of this MOU and shall be binding on the parties. The foregoing represents the understanding reached between the WSP and the Yakima Police Department. State of Washington Washington State Patrol Yakima Police Department John R. Batiste, Chief Samuel Granato, Chief of Police Date Date • Page 4 of 6 Attachment 1 Data Elements and Handling Instructions 1) Data Elements: WSP will transmit to the Yakima Police Department information from the NCIC Vehicle File, License Plate File, and vehicle information from the NCIC Wanted Person File. 2) Data Handling a) If the Yakima Police Department has no need for a particular class of data, they will delete that data immediately on receipt. b) Record updates are accomplished by record replacement. The Yakima Police Department may have to compare a new data file with former files provided by WSP_ in order to determine any changes. c) If a record is present within the Yakima Police Department's application and not present in the transferred file from WSP, the record has been removed for operational reasons by local law enforcement. Reasons for that removal include cancellation of the subject plate, or the vehicle has been located. ® d) The Yakima Police Department will not retain any data file provided by WSP longer than 30 calendar days. e) The Yakima Police Department will not enter or modify NCIC data directly. Any changes that should be made to NCIC will be made by the responsible law enforcement agency. 3) Schedule: WSP shall refresh the data files provided to the Yakima Police Department in a mutually agreed upon process and at agreed upon intervals. WSP shall notify the Yakima Police Department if files w ill not be available due to problems or of updated code tables. 4) Problem Reporting: Problem reporting by Yakima Police Department under this MOU is governed by Attachment 2, WSP Secure FTP Problem Notification Procedures, which is attached hereto and incorporated into this MOU herein. • Page 5 of 6 Attachment 2 WSP Secure FTP Problem Notification Procedures • When a problem with acquiring data occurs with the WSP Secure FTP Server, the Yakima Police Department will call WSP ITD Customer Services at (360) 705 -5999 or send an e-mail to ITDcustomerservicesg @awsp.wa.gov explaining the issue and having a work order opened. The Yakima Police Department will include identifying information about the Yakima Police Department staff that identified the problem in the explanation with e-mail address and phone number(s). • The WSP Information Technology Division (ITD) Customer Services group will escalate the work order to the appropriate ITD group. • That group will notify the Yakima Police Department that the issue is being worked on or has been completed. • If there is no contact within four business hours, the Yakima Police Department should do a follow -up contact. • The ITD Customer Services group working the problem may call or send e-mail to the Yakima Police Department in order to determine problem particulars or to request testing. The Yakima Police Department will only call or e-mail that person or group in the context of an existing, open problem, and not for new problems. • Once the Yakima Police Department is satisfied with the results, the work order will be closed. Another work order should be opened for any new problem with receiving data from the WSP Secure FTP Server. The prior work order can be cited by the Yakima Police Department in any subsequent work orders if it seems relevant. • Page6of6