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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF AUBURN AND
SOUTH SOUND 911 FOR ACCESS TO THE REGIONAL BOOKING PHOTO
COMPARISON DATABASE
WHEREAS, South Sound 911 is a governmental administrative agency formed
pursuant to an interlocal agreement under Chapter 39.34 RCW among Pierce County,
the City of Tacoma, the City of Lakewood, the City of Fife, City of Puyallup and Pierce
County Fire Protection District No. 3 (West Pierce Fire & Rescue) (the "South Sound
911 Member Agencies "), for the purpose of providing consolidated public safety
communications services to law enforcement agencies of the South Sound 911 Member
Agencies and other local governments that may contract with South Sound 911 for such
purposes; and
WHEREAS, South Sound 911 is the hosting agency for the Regional Booking
Photo Comparison Database ( "Database "); and
WHEREAS, the Database is intended to allow criminal investigators to perform
biometric digital searches against booking photo data; and
WHEREAS, the City of Auburn would like to have and would benefit from direct
electronic access to the Database; and
WHEREAS, RCW 70.48.100 permits such information to be provided to
qualifying criminal justice agencies (as that term is defined in RCW 43.43.705), which
includes agencies subscribing to the database; and
WHEREAS, South Sound 911 and the City of Auburn (together, the "Parties" and
individually, a "Party ") now desire to enter into this Memorandum of Understanding (this
"MOU ") for the purpose of providing access to the Database as set forth herein;
NOW, THEREFORE the parties hereto agree as follow,
1. This MOU will become effective upon signature of the Executive Director of
South Sound 911 and the Police Chief or designee for the City of Auburn,
and will remain in effect until terminated by either Party as provided herein.
2. Each Party recognizes that changes to the applications and the data
connections and exchanges related to the Database will change over time.
When these changes occur, the purpose of the change, the nature of the
change along with the data elements impacted and the costs and funding
sources to support these changes will be agreed upon and documented as
an addendum to this MOU.
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This MOU may be terminated, without cause, by either Party upon written
notice to the other Party of at least 30 calendar days. This MOU may be
immediately suspended or terminated by either Party upon written notice if
the other Party has or is reasonably suspected to have unlawfully
disseminated or used information made available under this MOU.
4. South Sound 911 is responsible for all changes to the Database.
5. Each Party will cooperate in the work necessary to test the initial
implementation and any subsequent modification necessary to access the
Database.
6. Each party shall make reasonable efforts to ensure the accuracy of
information contributed, but such efforts do not guarantee that the data is
accurate. The use of, and reliance on information contained in the Database
is at the sole risk of each Party.
7. Each Party is responsible for providing the information security measures
appropriate to safeguarding the data shared between Auburn Police
Department and the Database. Data transmitted to and from Auburn Police
Department to the Database shall be via Secure Socket Layer (SSL) over
the IntraGovernmental Network (IGN).
Each Party agrees that it will disseminate information made available under
this MOU only to criminal justice agencies as that term is defined in RCW
43.43.705 and onlv for the ourooses set forth herein and in RCW 70.48.100.
9. No unauthorized or unofficial use of data exchanged under this MOU is
permitted. Both Parties shall comply with RCW 70.48.100 and any other
applicable state or federal law in regard to dissemination of data. Each Party
is responsible for training its employees authorized to access the information
provided under this MOU regarding the use and dissemination of information
obtained from the Database.
10. Each Party assumes responsibility and liability for the acts and omissions of
its employees, officers, and agents in the performance of this MOU or in
enjoying the benefits of this MOU. The City of Auburn agrees to defend,
indemnify, and hold harmless South Sound 911, its Member Agencies and
its officers, agents, and employees from and against any loss, claim, or
liability arising from or out of the negligent, reckless, or wrongful acts or
omissions of the City of Auburn and its employees, officers, and agents or its
misuse of data, information, or violation of the rules of the Database. South
Sound 911 agrees to defend, indemnify, and hold harmless the City of
Auburn, and its officers, agents, and employees from and against any loss,
claim, or liability arising from or out of the negligent, reckless, or wrongful
acts or omissions of South Sound 911 and its employees, officers, and
MOU RBPC Auburn - draft 10- 31.doex Page 2 of 3
agents or its misuse of data, information, or violation of the rules of the
Database. In cases of joint liability, liability shall be apportioned between the
parties or other defendants in accordance with the laws of the State of
Washington.
The foregoing provision specifically and expressly intends to constitute a
waiver of each Party's immunity under industrial insurance, Title 51 RCW, as
respects the other Party only, and only to the extent necessary to provide a
Party with a full and complete indemnity of claims made by the other Party's
employees. This waiver has been mutually negotiated. The indemnification,
protection, defense and hold harmless obligations contained herein shall
survive the expiration, abandonment or termination of this MOU. Nothing
contained within this provision shall affect and /or alter the application of any
other provision contained within this MOU.
SOUTH SOUND 911
Andfeu4 Ei. Neiditz' z Date
SS911 Executive Director
Approved as to Form:
Peter Beckwith Date
SS911 Legal Advisor
CITY OF AUBURN
Nancy B k s Date
Mayor o uburn
Approved as to Form:
Dan id Date
Auburn City Attorney
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