HomeMy WebLinkAbout2451 - King County - Agreement - Regional Automated Fingerprint ID SystemMEMORANDUM OF AGREEMENT
BElWEEN
King County Regional Automated Fingerprint Identification System (AFIS),
a regional program of King County and under the administration of the
King County Sheriff's Office, hereinafter referred to as "KCRA",
AND
Marysville Police Department, hereinafter
referred to as "AGENCY".
FOR THE USE OF
Remote Electronic Fingerprint Capture Equipment by law enforcement personnel in the field to
perform a quick two-fingerprint search hereinafter referred to as "Mobile ID".
THE PURPOSE OF THIS AGREEMENT is for KCRA to provide its Mobile ID service for use by
AGENCY Officers.
WHEREAS, KCRA has proven to be an effective crime-fighting service in furtherance of the
health, welfare, benefit and safety of the residents within King County; and
WHEREAS, Since January 1, 2013, the County has continued to provide effective AFIS
services to public law enforcement agencies within King County, through a voter approved six
(6) year levy, as authorized by King County Ordinance No. 17381;
WHEREAS, Mobile ID has been a proven tool in assisting law enforcement to help identify
subjects while in the field;
WHEREAS, AGENCY wishes to use the KCRA Mobile ID service to assist in the identification
of subjects within its jurisdiction;
NOW, THEREFORE, the parties hereto agree as follows:
KCRA will provide its Mobile ID service for use by AGENCY officers, allowi,ng AFIS search
capability at KCRA, the Western Identification Network (WIN), which includes Washington State
arrest records, and the FBl's Repository for Individuals of Special Concern (RISC). The
purpose of this Agreement is to establish the terms under which the Mobile ID service will be
used.
The goals of this Agreement are to:
, Protect the community by assisting law enforcement in identifying potentially wanted or
dangerous subjects before they are released from custody.
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• Protect law enforcement officers by providing information important to officer safety prior
to the release of detained individuals.
Mobile ID is defined as: mobile electronic fingerprint capture equipment (software and
hardware) used to obtain prints from two fingers for purposes of searching AFIS to determine
an individual's identity. These fingerprints are not stored in AFIS.
I. CONTRACT ADMINISTRATION
This Agreement shall be administered by KCRA through the Regional AFIS Manager or
designee and the AGENCY HEAD or designee. Each Party shall approve this Agreement.
Each Party shall inform the other within thirty (30) days of this Agreement's execution of its
respective contract administrator.
11. GENERAL TERMS AND CONDITIONS
A. KCRA, in its sole discretion, will determine whether AGENCY is allowed to connect to its
Mobile ID service.
B. AGENCY has or will purchase its own Mobile ID equipment and software and will configure
it for use with the KCRA Mobile ID service.
C. Mobile ID shall be used exclusively for biometric purposes.
D. Statistics or any information that is pertinent to the use of the Mobile ID service may be
requested by the King County Regional AFIS Manager or designee, and will be submitted
by AGENCY as needed.
E. AGENCY shall cooperate with the FBI if contacted through a post-processing review of a
Mobile ID match in its database.
F. KCRA may remove any AGENCY employee's rights to access the Mobile ID service at any
time, for any reason.
G. AGENCY will comply with all applicable Mobile ID requirements as detailed in attached
Exhibit A. The Regional AFIS Manager may revise these requirements at any time. Any
revised requirements will be provided to AGENCY and automatically incorporated as a new
Exhibit A to this agreement. No approval process will be required to amend the Exhibit A.
H. AGENCY will comply with either the original or an alternative version of KCRA's Biometric
Handheld Fingerprint Identification Policy. Copies of these policies are attached in Exhibit
B. The Regional AFIS Manager may revise the policies at any time. Any revised policy will
be provided to AGENCY and automatically incorporated as a new Exhibit B to this
agreement. No approval process will be required to amend the Exhibit B.
Ill. AGENCY LIAISONS AND TRAINING
A. AGENCY shall assign at least one (1) Liaison.
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B. AGENCY Liaisons are responsible to be the main point of contact for Mobile ID topics, work
with KCRA to schedule AGENCY staff to install the Mobile ID software, schedule staff
training, and conduct system testing.
C. All AGENCY Liaisons are required to attend training in the proper use of and the
administrative functions of Mobile ID. Training shall be provided by the KCRA designated
Trainer.
D. All AGENCY Mobile ID Operators are required to attend KCRA provided training in the
proper use of Mobile ID by the KCRA designated Trainer.
IV. INSTALLATION AND MAINTENANCE
A. Costs paid by KCRA
The only costs to KCRA would be staff time.
B. Costs paid by AGENCY
1. Any internal infrastructure that may be necessary to connect AGENCY to the King
County Network. This infrastructure may include a Local Area Network, or other
equipment;
2. Cost of integrating any AGENCY system to Mobile ID;
3. KCRA Training sessions conducted outside of King County.
C. AGENCY may have an agreement with the Mobile ID contractor for maintenance services
and will contact said contractor directly for service calls. KCRA does not provide
maintenance for contractor services.
D. KCRA shall act as the point of contact for any questions or service calls from AGENCY
regarding connectivity issues inside the King County network. KCRA shall have a contact
person available twenty-four (24) hours a day, seven (7) days a week.
E. AGENCY shall promptly notify KCRA of any error, defect, or nonconformity in the Mobile ID
service.
F. Any local system or network change that would affect the King County network must be
reviewed by KCRA prior to implementation.
G. AGENCY shall provide and maintain the network required to submit electronic fingerprint
transmissions, in compliance with the Security Policy as described in Exhibit A.
V. DURATION, TERMINATION AND AMENDMENT
A. This Agreement shall become effective when ii is signed by both Parties.
B. This Agreement shall continue in full force and effect from year to year unless modified or
terminated in accordance with the terms of this Agreement.
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C. This Agreement may be terminated or suspended by either Party without cause, in whole or
in part, by providing the other Party's administrator, as described in Section I, thirty (30)
days advance written notice of the termination.
D. If KCRA or other funding is withdrawn, reduced, or limited in any way, KCRA may, upon
written notification to the AGENCY administrator, as described in Section I, terminate or
suspend this Agreement in whole or in part and such termination or suspension may take
place immediately.
E. This Agreement shall terminate without penalty in the event that, in the opinion of KCRA,
AFIS levy proceeds are, for whatever reason, no longer available for purposes of this
Agreement.
F. As described in Section II, changes to Exhibit A or B may be made by the Regional AFIS
Manager. All other amendments to this Agreement must be agreed to in writing by the
Parties.
VI. INDEMNIFICATION AND LIMITATION OF LIABILITY
A. In no event will King County be liable for loss of data, loss of use, interruption of service,
incompleteness of data and/or for any direct, special, indirect, incidental or consequential
damages arising out of this Agreement or any performance or non-performance under this
Agreement.
B. Except where prohibited by law, AGENCY shall indemnify, defend and hold harmless King
County and its officers, agents, and employees, or any of them, from any and all claims,
actions, suits, liability, loss, costs, expenses, and damages arising out of or in any way
relating to the AGENCY's installation, maintenance or use of King County's Mobile ID
equipment or service, including any claimed violation of any person's civil rights except for
injuries or damages caused by the negligence or willful misconduct of. King County, its
officers, or employees. The foregoing indemnity is specifically and expressly intended to
constitute a waiver of AGENCY's immunity under Washington's Industrial Insurance act,
RCW Title 51, as respect to King County only, and only to the extent necessary to provide
King County with a full and complete indemnity of claims made by AGENCY employees.
The Parties acknowledge that these provisions were specifically negotiated and agreed
upon by them. In the event that any suit based upon such a claim, action, loss, or damage
is brought against King County, AGENCY shall defend the same at its sole cost and
expense; provided, that, King County retains the right to participate in said suit at its own
expense if any principle of governmental or public law is involved; and if final judgment be
rendered against King County and its officers, agents, and employees, or any of them, or
jointly against King County and AGENCY and their respective officers, agents, and
employees, or any of them, AGENCY shall satisfy the same.
C. King County assumes no responsibility for the payment of any compensation, fees, wages,
benefits or taxes to or on behalf of AGENCY, its employees, contractors or others by
reason of this Agreement.
D. AGENCY shall protect, indemnify and save harmless King County, its officers, agents and
employees from any and all claims, costs and losses whatsoever occurring or resulting from
(1) AGENCY's failure to pay any compensation, wage, fee, benefit or tax, and (2) the
supplying to AGENCY of work, services, materials or supplies by AGENCY employees or
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agents or other contractors or suppliers in connection with or in support of performance of
this Agreement.
E. The indemnification , protection, defense and save harmless obligations contained herein
shall survive the expiration , abandonment or t ermination of this Agreement.
VII. CHOICE OF LAW AND VENUE
This Agreement will be governed by the laws of the State of Washington , both as to
interpretation and performance. Any action at law, suit in equity or other judicial proceeding for
the enforcement of this Agreement may be instituted only in King County Superior Court.
VIII. DISPUTES
The Parties shall use their best, good-faith efforts to coope ratively resolve disputes and
problems that arise in connection with this Agreement. Both Parties will make a good faith
effort to continue without delay to carry out their respective responsibilities under this
Agreement while attempting to resolve the dispute under this section .
IX. NO THIRD PARTY BENEFICIARIES
There are no third party beneficiaries to this Agreement, and this Agreement shall not impart
any rights enforceable by any person or entity that is not a party hereto.
X. ENTIRE AGREEMENT
No change or waiver of any provision of the Agreement shall be val id unless made in writing
and executed in the same manner as this Agreement. Except as to modifications to Exhibits A
& B , each Party shall approve any amendment to this Agreement. This Agreement constitutes
the entire agreement between the Parties with respect to the subject matter hereof and
supersedes all previous agreements , written or oral , between the Parties with respe ct to the
subject matter hereof.
The parties to this Agreement have executed this Ag reement as of the last date written below.
KING COUNTY REGIONAL AFIS MARYSVILLE POLICE DEPARTMENT
Printed Name of Person Signing
/\Fi.~ ~AvC':::
Title of Person Signing Title of Person Signing
Page 5 of 9 Revision Dat e: 11/01 /20 19
Date Signed
EXHIBITS:
A: FP Equipment Requirements
B : Biometric Handheld Fingerprint Identification Policy
Pag e 6 of 9 Revi s ion Date: 11/01 /20 19
I. TECHNICAL
EXHIBIT A
MOBILE ID REQUIREMENTS
AGENCY must provide the proper environment for the Mobile ID software, to include:
A. The Mobile Data Terminal (MDT) or patrol vehicle mounted laptop with Windows 10 64-bit
(or newer) operating system with unique logon credentials for each user.
B. The coordination of AGENCY IT staff, when needed, to ensure networking and other
technical requirements are met to utilize the system.
AGENCY must satisfy one of the following:
A. The patrol vehicle must be a physically secure location according to current Criminal Justice
Information Services Security Policy, or;
B. The MDT/laptop must have multifactor authentication configured, with the second
authentication done at Windows logon.
AGENCY shall report any Mobile ID issues to the Service Request Line (206-263-2777) or the
AFIS IT mailbox (AFISITHelp@kingcounty.gov).
II. SECURITY
A. Roles and Responsibilities
AGENCY is responsible for establishing appropriate security control.
AGENCY shall provide security awareness briefing to all personnel who have access to the
KCRA Mobile ID system.
B. Monitoring
All access attempts are logged and/or recorded and are subject to routine audit or review
for detection of inappropriate or illegal activity.
C. Physical Security
AGENCY must assume responsibility for and enforce the system's security standards with
regard to AGENCY and users it services. AGENCY must have adequate physical security
to protect against any unauthorized access to Mobile ID at all times.
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I. PURPOSE
EXHIBIT B
BIOMETRIC HANDHELD FINGERPRINT IDENTIFICATION POLICY
King County Regional Automated Fingerprint Identification System (AFIS)
To provide direction for the use of the biometric handheld fingerprint identification devices, more
commonly known as a mobile identification device or Mobile ID. If an agency wishes to adopt its own
or deviate from this policy, the agency must present its request to the Regional AFIS Manager.
II. PROGRAM
King County's regional AFIS program has initiated a Mobile ID project, involving the use of wireless
remote fingerprint identification throughout the county. The project is designed to assist in identifying
persons whose identities are in question. While the fingerprint verification process already exists in
King County, Mobile ID moves this function to law enforcement first responders, resulting in a more
timely identification process.
The system scans the fingerprints at the Mobile ID device and transmits wirelessly to the King County
AFIS. If the fingerprints are in the AFIS database, a positive match returns the person's specific
identifiers to the Mobile ID device or officer's mobile computer.
A simultaneous search may also be conducted to search Washington State Patrol's AFIS database
and an FBI database known as the Repository for Individuals of Special Concern (RISC).
A. Only officers trained by AFIS program staff and operating under the guidelines of the Mobile ID
project may use the device.
8. In the event that lack of usage by the assigned officer is a concern, the AFIS program will
communicate with the agency and provide retraining and/or direct a reassignment of the device.
C. Any use of the device not consistent with this policy and/or law enforcement purposes may result
in reassignment or forfeiture of the device, and/or a deactivation of access to the AFIS database.
Additionally, any violation of the Mobile ID policy/procedure, or of federal or state law, may subject
the officer to internal discipline by his/her agency.
III. PROCEDURE
The use or retention of any Mobile ID-collected data shall conform to federal and state laws. It must
also conform to individual agency policy as well as the AFIS program procedure as follows:
A. An officer may use Mobile ID when there is probable cause to arrest a suspect.
B. An officer may use Mobile ID during a Terry Stop based upon reasonable suspicion. If a person
provides a driver's license or other valid means of identification, or gives the officer a name that
can be confirmed through a driver's license check, that form of identification should suffice without
the use of Mobile ID. However, if there are articulable facts that give rise to reasonable suspicion
regarding the accuracy of a person's identity, the officer may use Mobile ID to verify identity.
C. Absent probable cause or reasonable suspicion of criminal activity, a person may consent to an
officer's request to use Mobile ID. However, the consent must be voluntary as defined by current
Washington case law; i.e., the person must be informed that he/she has a right to refuse the
officer's request.
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EXHIBIT B
D. An officer may use Mobile ID as part of a community caretaking function to identify a person when:
1. The person is unable to identify himself/herself because they are deceased, unconscious,
physically injured, intoxicated (drugs or alcohol), or suffering from a mental illness or dementia
(for instance, Alzheimer's walk-away patient); and
2. The officer does not find any identification; and
3. The officer takes the person into protective custody (for example, under RCW 70.96.120(2)
(alcohol), RCW 71.05, 71.34 (mental health), or similar statutes, or to render aid such as
having the person transported to the hospital, or to identify and protect an elderly dementia
person who is lost.
E. Use of the device shall be documented in any report generated as a result of the contact. The
officer must articulate the specific facts that support the basis for the use of Mobile ID and must
state the voluntary compliance of the Mobile ID if used without arrest, probable cause, or
reasonable suspicion.
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