HomeMy WebLinkAboutCity of Pacific - WSP ACCESS~~~~~
INTERLOCAL AGREEMENT FOR WSP
ACCESS, NCIC AND WACIC AGENCY SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between
the CITY OF AUBURN, a Washington municipal corporation (hereafter referred to as
"AUBURN") in the State of Washington and the CITIES OF BLACK DIAMOND, ALGONA,
and PACIFIC, Washington municipal corporations, (hereafter referred to as the "CITIES") to
establish a written Agreement for AUBURN to act as a terminal agency for teletype hit
confirmation for the CITIES associated with National Crime Information Center (NCIC) and the
Washington Crime Information Center (WACIC) records.
WHEREAS, the CITIES want to maintain the ability to enter the Washington State
Patrol's (WSP) Central Computerized Enforcement Service System ("ACCESS"). ACCESS is
the "switch" that provides state of Washington agencies access to state, interstate, and national
records management systems, including Washington State Identification System ("WASIS"),
WACIC, NCIC, and Department of Licensing ("DOL") for running license plates, and
WHEREAS, the WSP requires that all terminal agencies that enters records destined for
NCIC/WACIC must ensure teletype inquiry confirmation is available for all records, except
Interstate Identification Index ("III"), 24 hours per day either at the agency or through written
agreement with another agency, and
WHEREAS, the CITIES do not currently maintain staffing levels required for monitoring
the teletype for hits 24 hours a day, and
WHEREAS, AUBURN is engaged in various municipal functions, including law
enforcement activities, and
WHEREAS, AUBURN currently maintains staff on a twenty-four hour seven days per
week level and has the ability to monitor in-coming teletype hits for the CITIES, and
WHEREAS, there is strong support for effective communication amongst police
agencies.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, AUBURN and the CITIES hereto agree as follows:
Monitor in-coming teletype notifications. AUBURN will monitor the CITIES in-
coming hit notification/confirmation requests during the following hours:
• Weekends -beginning at S:OOpm Friday evening unti18:00am Monday morning.
• Weekdays -between the hours of S:OOpm and 8:OOam Monday through Friday.
• Holidays -from S:OOpm the day before the holiday until 8:OOam the day after the
holiday
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2. Payment. The CITIES (BLACK DIAMOND, ALGONA, and PACIFIC) will each pay ONE
THOUSAND and NO/100THS DOLLARS) ($1,000) annually to AUBURN, which
payment shall be made on or before the ~ day of ,each year
during the term of this Agreement.
3. CITIES Responsibilities. The CITIES will certify officers at ACCESS Level II, with the
understanding that their officers shall be responsible upon confirmation to clear the record in
WACIC/NCIC. There may be the occasion when an officer is temporarily not certified at
Level II, in which case the CITIES officer is responsible for following-up and requesting
AUBURN to process the "clear" on the WACIC/NCIC entry.
CITIES must place instructions for after hour hit confirmation in the miscellaneous field to
include the Auburn Police Department telephone number as the agency responsible for after
hour hit confirmations.
Once a CITIES agency is notified that they have received a teletype hit via dispatch that
agency will send an officer to their station to pull a paper copy of the hit record and confirm.
If the record is confirmed, the CITIES' officer is responsible for clearing the record in
WACIC/NCIC.
4. AUBURN Responsibilities. Auburn will monitor the teletype for incoming inquiry (YQ)
messages. When a YQ "hit" is received at AUBURN for one of the CITIES, AUBURN
records specialist staff will send a response (YR) message advising the requesting agency
that if they do not receive confirmation from the initiating CITIES agency within 20 minutes,
to call AUBURN at an after hours confidential phone number.
AUBURN shall then call Valley Communications 911 "Valley Com" and identify which of
the CITIES received a YQ, "hit", and provide the necessary details of the hit.
5. Insurance. AUBURN shall be responsible for maintaining, during the term of this
Agreement and at its sole cost and expense, the types of insurance coverage and in the
amounts described below. AUBURN shall furnish evidence, satisfactory to the CITIES, of
all such policies. During the term hereof, AUBURN shall maintain the following insurance
policies:
a. Commercial General Liability ("CGL") insurance, including automobile and property
damage, insuring AUBURN against loss or liability for damages for personal injury, death or
property damage arising out of or in connection with the performance by AUBURN of its
obligations hereunder, with minimum liability limits of $1,000,000 combined single limit for
personal injury, death or property damage in any one occurrence.
b. Such workmen's compensation and other similar insurance as may be required by law.
In lieu of the insurance requirements as stated above in Section 5. AUBURN represents and
warrants to the CITIES that (a) AUBURN is a member of the Washington Cities Insurance
Authority (WCIA), which is aself-insured pool of 123 municipal corporations in the State of
Washington, and (b) WCIA has at least $5,000,000 per occurrence of liability coverage that
is applicable in the event an incident occurs that is deemed attributed to the negligence of a
member.
6. Indemnification. Each party to this Agreement shall indemnify and hold the other parties to
this Agreement and their agents, employees, and/or officers, harmless from and shall process
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and defend at its own expense any and all claims, demands, suits, at law or equity, actions,
penalties, losses, damages, or costs, of whatsoever kind or nature, including attorney fees,
brought against the indemnified party(ies) arising out of, in connection with, the indemnifying
party's performance or failure to perform any aspect of this Agreement; provided, however, that
if such claims are caused by or result from the concurrent negligence of the indemnified
party(ies), its/their agents, employees, and/or officers, this indemnity provision shall be valid
and enforceable only to the extent of the negligence of the indemnifying party; and provided
further, that nothing herein shall require the indemnifying party to hold harmless or defend the
indemnified party(ies), its/their agents, employees and/or officers from any claims arising from
the negligence of the indemnified party(ies), its agents, employees, and/or officers. No liability
shall attach to any party merely by reason of entering into this Agreement except as expressly
provided herein.
7. Compliance with Regulations and Laws. The parties shall comply with all applicable rules
and regulations pertaining to them in connection with the matters covered herein.
8. Assignment. The parties shall not assign this Agreement or any interest, obligation or duty
therein without the express written consent of the other party.
9. Attorneys' Fees. If either party shall be required to bring any action to enforce any provision of
this Agreement, or shall be required to defend any action brought by the other party with respect
to this Agreement, and in the further event that one party shall substantially prevail in such
action, the losing party shall, in addition to all other payments required therein, pay all of the
prevailing party's reasonable costs in connection with such action, including such sums as the
court or courts may adjudge reasonable as attorney's fees in the trial court and in any appellate
courts.
10. Notices. All notices and payments hereunder may be delivered or mailed. If mailed, they shall
be sent to the following respective addresses:
To AUBURN:
Attn: James Kelly, Chief of Police
Auburn Police Department
340 East Main, Suite 201
Auburn, WA 98002
Phone: (253) 931-3081
FAX: (253) 931-5108
To ALGONA:
Attn:
Phone:
FAX:
To BLACK DIAMOND:
Attn:
Phone:
To PACIFIC:
Attn:
FAX: Phone:
FAX:
or to such other respective addresses as either party hereto may hereafter from time to time
designate in writing. All notices and payments mailed by regular post (including first class) shall
be deemed to have been given on the second business day following the date of mailing, if
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properly mailed and addressed. Notices and payments sent by certified or registered mail shall
be deemed to have been given on the day next following the date of mailing, if properly mailed
and addressed. For all types of mail, the postmark affixed by the United States Postal Service
shall be conclusive evidence of the date of mailing.
11. Nondiscrimination. Each of the parties, for itself, its heirs, personal representatives, successors
in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree
that it will comply with pertinent statutes, Executive Orders and such rules as are promulgated
to assure that no person shall, on the grounds of race, creed, color, national origin, sexual
orientation, sex, age, or the presence of any sensory, mental or physical handicap be
discriminated against or receive discriminatory treatment by reason thereof.
12. Miscellaneous Terms.
A. All of the covenants, conditions and agreements in this Agreement shall extend to and bind the
legal successors and assigns of the parties hereto.
B. This Agreement shall be deemed to be made and construed in accordance with the laws of
the State of Washington jurisdiction and venue for any action arising out of this Agreement
shall be in of the county in Washington State in which the property or project is located, and
if not site specific, then in King County, Washington.
C. The captions in this Agreement are for convenience only and do not in any way limit or
amplify the provisions of this Agreement.
D. The duration of this Agreement shall be for one (1) year. The term of this Agreement shall
automatically convert to a year to year duration commencing on the 1St day of January 2008,
and may be terminated by either party hereto by providing the other party with at least forty-
five (45) days written notice prior to the termination of the Agreement.
E. The financial impact to AUBURN for this agreement is undetermined at the commencement
of this agreement. At the end of the first year, December 31, 2007, AUBURN reserves the
right to negotiate with the CITIES to establish an annual fee with the CITIES to reflect
AUBURN's actual cost for services rendered to the CITIES before continuation of the
agreement.
F. Unless otherwise specifically provided herein, no separate legal entity is created hereby, as each
of the parties is contracting in its capacity as a municipal corporation of the State of
Washington. The identity of the parties hereto is as set forth hereinabove.
G. The purpose of this Agreement is to accomplish the objectives of this Agreement.
H. The funding of the respective obligations of the parties shall be out of the respective general
funds/current expenses of the parties, except as otherwise specifically provided.
I. The performances of the duties of the parties provided hereby shall be done in accordance with
standard operating procedures and customary practices of the parties.
J. Unless otherwise specifically provided herein, any real property to be held in connection
herewith, if applicable, shall be held as the separate property of the party or parties in whose
name(s) the property is/was acquired.
K. No provision of this Agreement shall relieve either party of its public agency obligations and or
responsibilities imposed by law.
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L. If any term or provision of this Agreement or the application thereof to any person or
circumstance shall, to any extent, be held to be invalid or unenforceable by a final decision of
any court having jurisdiction on the matter, the remainder of this Agreement or the application
of such term or provision to persons or circumstances other than those as to which it is held
invalid or unenforceable shall not be affected thereby and shall continue in full force and effect,
unless such court determines that such invalidity or unenforceability materially interferes with
or defeats the purposes hereof, at which time AUBURN shall have the right to terminate the
Agreement.
M. This Agreement constitutes the entire agreement between the parties. There are no terms,
obligations, covenants or conditions other than those contained herein. No modifications or
amendments of this Agreement shall be valid or effective unless evidenced by an agreement in
writing signed by both parties.
N. Copies of this Agreement shall be filed with the Auditor's Office of the county in Washington
State in which the property or project is located, and if not site specific, then in the King County
Auditor's Office; the Secretary of State of the State of Washington; and the respective Clerks of
the parties hereto.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and
year first above written.
Mayor, City of Black Diamond
~, ~ ~
ayor, City of Pacific
M City of a
Mayor, City of Auburn
ATTEST:
City Clerk, City of Black Diamond
~~
ity Clerk, ty of Pacific
Date
~a66
Date
Date
MAY 7 2007
Date
Date
~ -OG •or7
Date
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City Clerk, City of Algona Date
9 ~~.
City Clerk, City of Auburn
MAY ? 2007
Date
APPROVED AS TO FORM:
Ci orney, City of Black Diamond
~~~~
City Attorney, City of Pacific
Date
Date
Date
MAY 7 2007
Date
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