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HomeMy WebLinkAbout09-129 - Washington State Patrol (WSP) - SECTOR User Agreement (Statewide Electronic Collision and Ticket Online Records)SECTOR Service Level Agreement Between Tukwila Police Department And Washington State Patrol 1. Purpose. This Service Level Agreement (Agreement) is between the Washington State Patrol (WSP) and Tukwila 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, NOIs 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: Version 3.0 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; FILE COPY 09 -129 Council Approval N/A Page 1 Update required LEA processes with the parameters of SECTOR. 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 federal 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, NOIs, 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. Version 3.0 Page 2 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 NOIs and NOCCs to AOC; and transmit collision reports to DOT and DOL. 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. Proiect 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 years or until termination as provided herein. Version 3.0 Page 3 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 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 (LEA) CITY OF TUKWILA TUKWILA POLICE DEPARTMENT WASHINGTON STATE PATROL Signature Date Printed Name and Title Jim Haggerton, Mayor Printed Name and Title APPROVED BY THE OFFICE OF THE ATTORNEY GENERAL Appendices: Appendix A Statement on Collision Records Data Appendix B SECTOR Governance Committee Training Policies Appendix B Project Contacts Version 3.0 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 law 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 Version 3.0 Page 5 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. 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. Federal law 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. Version 3.0 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. Version 3.0 Page 7 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. Version 3.0 Page 8 APPENDIX C Project Contacts 1. For WSP: Technical issues and change requests: Information Technology Division Customer Services Group Telephone: (360) 705 -5999 E -mail: ITDCustomerServicesGrouo awso.wa.ciov or ITDHelo awso.wa.Qov Service Level Agreement issues: Daniel Parsons, Chief Technology Officer 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) 705 -5184 E -mail: daniel.parsons @wsp.wa.gov 2. For the LEA: Technical issues and change requests: Guy Bollinger, IT Tech Information Technology Division City of Tukwila 6200 Southcenter Blvd, Tukwila WA 98188 206 433 -7150 gbollinger @ci.tukwila.wa.us Service Level Agreement issues: Greg LeCompte, Police Officer Traffic Division City of Tukwila Police Department 6200 Southcenter Blvd 206 433 -1814 glecompte©ci.tukwila.wa.us Version 3.0 Page 9 WSP No. WSDOT No. F' 5 COPT 09 -129 WASHINGTON STATE PATROL/ Council Approval N/A WASHINGTON STATE DEPARTMENT OF TRANSPORTATION ELECTRONIC COLLISION REPORTS ELECTRONIC COLLISION RECORDS USER'S AGREEMENT This AGREEMENT is entered into between the Washington State Patrol (hereinafter "WSP the Washington State Department of Transportation (hereinafter "WSDOT both agencies of the State of Washington, and j upcwn tq Pet' DetA47M &ii%, a r4 Pao c‘ 445 y {insert type of organization)(hereinafter "the User RECITALS A. In 1938, state law (currently RCW 46.52.060) authorized the WSP to file, tabulate and analyze collision reports and produce certain statistical information about collisions. For the next thirty years, the WSP maintained a largely manual system for filing collision reports generated over approximately five -year periods. The 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 the 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. B. In 1966 and 1973, the federal Congress enacted laws requiring states to create computerized collision databases in order to analyze the need for highway safety improvements and participate in federal programs to fund those improvements. The federal laws, and 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 by WSP and WSDOT jointly. Beginning in approximately 1970, the WSP collected collision reports and entered the raw data into a computer. The data was then transferred to WSDOT for creation of the collision database required under federal law. The WSP maintained copies of individual collision records as well as its database, while WSDOT maintained their own collision database. C. The WSP and WSDOT systems for filing individual collision reports, entry of raw data into a computer, and 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 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, WSP /WSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT 12 -12 -06 FINAL Page 1 of 10 0-f3EXt began entering all raw collision data into WSDOT's computer. In addition, pursuant to this same interagency agreement, WSDOT began work to develop an electronic imaging system to store and retrieve copies of individual collision reports. This imaging system was implemented in May of 2003. D. The current system for filing paper collision reports and creating the collision database as to this User will remain in effect until WSP, WSDOT and the User approve this Agreement establishing the new electronic system to file collision reports and transmit collision report data to WSDOT. The Statewide Electronic Collision and Ticket Online Records (SECTOR) software was developed through a collaborative partnership that includes the WSP, WSDOT, Administrative Office of the Courts, Department of Licensing, and local law enforcement agencies. SECTOR enables 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 the local law enforcement agency. E. 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, supplying abstracts of driving records under RCW 46.52.130, and to administer the 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. F. The procedures established in this Agreement are intended to satisfy federal law (23 U.S.C. 409) which provides that information from the collision database created pursuant to federal highway safety laws not be available for use in damage litigation against transportation authorities. However, under this Agreement individual collision reports are available to all who satisfy requirements of state law for access to such reports and collision database information is available to all who request such data except for those who request it for purposes which violate the federal restriction on the availability of this data for use in litigation against transportation authorities. In Pierce County v. Guillen, 537 U.S. 129, 123 S. Ct. 720, 154 L. Ed. 2d 610 (2003), the United States Supreme Court upheld the constitutionality of the federal statute as a proper exercise of federal commerce clause power to act to prevent state tort liability from interfering with federal efforts to improve highway safety. The Federal Highway Administration subsequently required state compliance with 23 U.S.C. 409 as a mandatory condition for state participation in the federal highway program. G. The User under this Agreement is a general authority law enforcement agency within the State of Washington and a criminal justice agency as defined in RCW 10.97. H. The User, WSP, and WSDOT are authorized to enter into this Agreement pursuant to Chapter 39.34 RCW. WSP /WSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT 12 -12 -06 FINAL Page 2 of 10 AGREEMENT NOW THEREFORE, in light of the foregoing understandings and conditions, and other valuable considerations more fully set out or incorporated herein by reference, the parties, by their duly authorized officials, do mutually agree as follows: SECTION 1 PURPOSE The purpose of this Agreement is to provide the User, the ability to submit traffic collision reports electronically to WSDOT and the Washington Department of Licensing, and to protect the confidentiality of such reports as required by law. SECTION 2 DEFINITIONS AND ACRONYMS "AOC" shall mean the Washington Administrative Office of the Courts. "DIS" shall mean the Washington Department of Information Services. "DOL" shall mean the Washington State Department of Licensing. "IGN" shall mean the Washington Intergovernmental Network. "JINDEX" shall mean the Washington Justice Information Data Exchange "SECTOR" shall mean the Washington Statewide Electronic Collision and Ticket Online Records application. "SGN" shall mean the Washington State Governmental Network. "User Contact" shall mean the User employee assigned to be the primary contact for the User in matters relating to electronic collision reporting under this Agreement. "WSDOT" shall mean the Washington State Department of Transportation "WSP" shall mean the Washington State Patrol. "WSP SECTOR System Administrator" shall mean the WSP employee designated to be the primary system support contact for users under this Agreement. SECTION 3 RESPONSIBILITIES 3.1 User Reauirements. The User hereby certifies that it operates electronic equipment to create vehicle collision reports pursuant to federal, state and local requirements. 3.2 Submission and Distribution of Collision Report Data. Upon performing a review and /or approval of the collision reports to ensure that they have been accurately completed by the investigating officer, the User will submit the collision reports and related information electronically to the JINDEX (Justice Information Data Exchange). The JINDEX will distribute the electronic records to the authorized agencies for analysis and reporting purposes. These agencies include, but are not limited to, WSP, WSDOT and DOL. WSP/WSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT 12 -12 -06 FINAL Page 3 of 10 3.3 Reportina Reauirements. The User will submit to WSDOT collision data that is compliant with the state's business rules and data format and in the standardized collision report form approved by the Chief of the Washington State Patrol. This information is available at http:// www. trafficrecords.wa.aov /etrin.htm. 3.4 Modifications to Reoortina Requirements. Because business rules, data format, report forms and other items may change in the future, the User agrees to comply with any such changes. WSDOT and WSP will endeavor to not make changes to these items any more frequently than once each quarter per calendar year. These items are described in the document "Hardware and Software Requirements for Submitting Electronic Collision Reports available at http: /www.trafficrecords .wa.aov /etrip.htm. Changes or updates to these requirements will be set forth at this same web address. In addition, the User will be notified when any changes or updates to these requirements occur. 3.5 Laws. The User agrees to comply with all applicable federal and state laws, regulations, rules, and procedures regarding the reporting and dissemination of collision reports and record information. 3.6 Electronic Submittal Authorization. The WSP and DIS, through the Washington Intergovernmental Network (IGN), the State Governmental Network (SGN), or the Internet, and JINDEX, will furnish the User with the capability to submit collision reports electronically to WSDOT and DOL. 3.7 SECTOR Software, 3.7.1 The User will use either the SECTOR software or other User supplied software to create and transmit electronic collision reports. If the User desires, SECTOR software will be provided to the User at no charge to the User. 3.7.2 Alternative Software. If the User desires to use electronic collision reporting software other than SECTOR, the software must maintain compliance with the business rules and data format and the standardized collision report form approved by the Chief of the Washington State Patrol, and must be approved by the WSP and WSDOT 3.8 Equipment. Equipment, including computers and associated software, bar code scanners, printers, servers and server certificates, including purchase and maintenance, are the responsibility of the User. For further information on these items, please refer to the document "Hardware and Software Requirements for Submitting Electronic Collision Reports" at http: /www.trafficrecords .wa.aov /etrio.htm. WSP /WSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT 12 -12 -06 FINAL Page 4 of 10 3.9 Servers. 3.9.1 At its option, the User shall use one of the following servers to store and transmit electronic collision reports: User's own server if utilizing a user supplied alternative software; a WSP SECTOR server; 3.9.2 Use of the WSP SECTOR server is included with the approval to use the SECTOR software. Upon approval, WSP will provide network connectivity and security information to each user that will allow them to access and use the WSP SECTOR server. If the User chooses to use the WSP SECTOR server, the WSP will provide authorization for the User to access their (the User's) collision records for the following limited purposes: and reports. A. For the review of the User's unapproved collision reports; B. For the analysis and reporting of WSDOT- approved collision 3.9.3 If the User chooses to use SECTOR, WSP agrees to schedule and provide training on the SECTOR software and related equipment and procedures to User personnel at locations and times arranged by WSP. Equipment operation training for bar code scanners and printers may be supplied by WSP or the equipment vendor. 3.10 Network Connection. At the option of the User, the network connection to the JINDEX will be made through either the IGN or SGN administered by the Washington Department of Information Services (DIS), or else via the Internet. The operation and maintenance of the IGN, SGN and JINDEX is the responsibility of DIS. For further details on JINDEX connectivity, please go to the following web site: http:// www. trafficrecords.wa.aov /etrio.htm. The User shall promptly notify the WSP SECTOR System Administrator of sustained or repeated network problems that affect electronic collision reporting services. Such notices shall be given by email to the following address: SECTOR @wsp.wa.gov The notice address as provided herein may be changed by written notice given as provided above. WSP/WSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT 12 -12 -06 FINAL Page 5 of 10 3.11 Secure System. The User shall take necessary measures to make its electronic collision reporting equipment and system secure and prevent unauthorized use. WSP reserves the right to review and approve equipment security measures, and to suspend or withhold service until such matters are corrected to the reasonable satisfaction of WSP. 3.12 Software Updates. The User shall take necessary measures to upgrade their electronic collision reporting software as updates are provided to them. This includes updates provided by WSP to the SECTOR software, or if utilizing an alternative software, updates necessary for the User's alternative software to remain compliant with WSP and WSDOT requirements. WSP reserves the right to suspend or withhold service until the latest upgrade has been implemented to the reasonable satisfaction of WSP. 3.13 User Costs. The User agrees: to pay all personnel, operating, maintenance, and data transmission costs; to submit collision reports to WSP and WSDOT as required by law; and to pay the costs and maintenance related to any interface developed between the User's electronic collision reporting application and the User's local records management system. 3.14 User Contact. The User agrees to assign a coordinator to serve as the primary contact person for the User in matters relating to electronic collision reporting. The User also agrees to notify the WSP immediately, in writing, of any changes to the User Contact person. 3.15 Technical Configuration. As a prerequisite of entering into this Agreement, the User has completed the SECTOR Assessment Survey. The User also agrees to notify the WSP immediately, in writing, of any changes to this Technical Configuration. SECTION 4 TERM This Agreement is effective on the date of final signature, and shall continue until terminated as provided elsewhere herein. SECTION 5 TERMINATION 5.1 Termination for Convenience. 5.1.1 Termination by User. Except as otherwise provided in this Agreement, the User may terminate its participation in this Agreement upon thirty (30) days written notification to WSP and WSDOT. 5.1.2 Termination by WSP and WSDOT. WSP or WSDOT may terminate this Agreement as to the User upon not less than thirty (30) days prior written notice, unless an emergency exists, as determined by WSP or WSDOT, then immediately, if WSP or WSDOT determines that it is in the best interest of the State of Washington to terminate this Agreement. WSP /WSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT 12 -12 -06 FINAL Page 6 of 10 5.1.3 Termination of WSP and WSDOT Participation. A. WSP and WSDOT may jointly terminate their participation in this Agreement upon thirty (30) days written notification to the User; Provided, that any such termination must be mutually agreed upon by both WSP and WSDOT prior to the issuance of the notice to terminate as provided in Subsection B below. B. WSP and WSDOT acknowledge that in order for the electronic transmissions contemplated under this Agreement to operate, it is necessary for both WSP and WSDOT to remain parties to this Agreement. In the event either party desires to terminate its participation in this Agreement, such party shall notify the other party of this desire, WSP and WSDOT shall resolve any matters that may result from the termination of this Agreement, and WSP and WSDOT shall issue a joint notice of termination to the User as provided in Subsection A above. 5.1.3 In the event this Agreement is terminated for convenience, the parties shall be liable only for performance in accordance with the terms of this Agreement for performance prior to the effective date of termination. 5.2 Termination for Default. 5.2.1 The violation of any term or condition of this Agreement by the User, or the failure to fulfill in a timely and proper manner any requirement in this Agreement by the User shall constitute a default of this Agreement. 5.2.2 In the event of a default by the User, WSP and WSDOT may, upon the mutual agreement of WSP and WSDOT, terminate this Agreement without penalty or further liability, upon not less than thirty (30) days prior written notice to the User; Provided, that the User has failed to cure such default within that thirty (30) day period, or such longer period, as may be reasonably determined by the mutual agreement of WSP and WSDOT if the User is diligently working to cure the default. If the default is not cured within the cure period, WSP and WSDOT may, upon mutual agreement between WSP and WSDOT, immediately terminate this Agreement by giving written notice to the User. The option to terminate shall be at the sole discretion of WSP and WSDOT. 5.2.3 In the event of a User default, WSDOT and WSP reserve the right to suspend all or part of this Agreement (A) during the investigation of the alleged User default; (B) pending corrective action by User of a default; or (C) pending a decision by WSDOT and WSP to terminate this Agreement. 5.2.4 Waiver or acceptance of any User default of the terms of this Agreement by WSDOT or WSP shall not operate as a release of User's responsibility for any prior or subsequent default. WSP /WSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT 12 -12 -06 FINAL Page 7 of 10 5.2.5 If the User defaults on any provision in this Agreement three (3) times within a six (6) month period, the third default shall be deemed "non- curable" and this Agreement may be terminated by WSDOT and WSP on not less than thirty (30) days written notice. SECTION 6 INDEMNIFICATION The User agrees to indemnify and save harmless the State of Washington, the Washington State Patrol and its employees, and the Washington State Department of Transportation and its employees from and against any and all claims, demands, actions, suits, including but not limited to, any liability for damages by reason of or arising out of any misuse of the SECTOR software, or any cause of action whatsoever, and against any loss, cost, expense, and damage resulting therefrom, including attorney's fees. SECTION 7 DISPUTE RESOLUTION 7.1 The following individuals are the Designated Representatives for the purpose of resolving disputes that arise under this Agreement: Section 8 GENERAL WSP: The WSP representative will be identified upon negotiation of the user agreement. WSDOT: General Manager, Transportation Data Office User: eN/EFOFewe POc"c6 PEP r, ci y OF 7 4A//.9 7.2 The Designated Representatives shall confer to resolve disputes that arise under this Agreement as requested by any party. The Designated Representatives shall use their best efforts and exercise good faith to resolve such disputes. 7.3 In the event the Designated Representatives are unable to resolve the dispute, a representative from WSP to be determined upon negotiation of the User's Agreement, the Chief of Staff or her /his designee for WSDOT, and c Hi EF Q i /=b oi g (insert title for User representative} for User or her /his designee shall confer and exercise good faith to resolve the dispute. 8.1 Recitals and Exhibits. The Recitals and Exhibits attached hereto, are hereby incorporated by reference into this Agreement. 8.2 Assianments. This Agreement cannot be assigned. WSP /WSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT 12 -12 -06 FINAL Page 8 of 10 8.3 Modifications. This Agreement contains all the agreements and conditions made between the parties hereto pertaining to the User's ability to electronically submit collision reports to WSDOT and DOL, and may not be modified orally or in any other manner other than by a written agreement signed by all parties hereto. Failure on the part of any party to enforce any covenant or provision herein contained shall not discharge or invalidate such covenant or provision or affect the right of said party to enforce the same in the event of any subsequent breach or default. 8.4 Interpretation. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Washington. The titles to paragraphs or sections of this Agreement are for convenience only and shall have no effect on the construction or interpretation of any part hereof. 8.5 Venue. The parties agree that the venue of any action or suit concerning this Agreement shall be in the Thurston County Superior Court and all actions or suits thereon shall be brought therein, unless applicable law requires otherwise. 8.6 Totality of Agreement. It is understood that no guarantees, representations, promises, or statements expressed or implied have been made by the WSP or WSDOT except to the extent that the same are expressed in this Agreement. 8.7 Notices. Unless otherwise provided herein, wherever in this Agreement written notices are to be given or made, they will be served, personally delivered or sent by certified or overnight mail addressed to the parties at the address listed below unless a different address has been designated in writing and delivered to the other party. WSP: Specific contact information to be determined upon negotiation of the User's Agreement WSDOT: General Manager Transportation Data Office PO Box 47380 Olympia, WA 98504 -7380 User: c.N'E e Po(.- 6 a00 seq) re GeN>e A 8i,V 7 t 4, L.J4 98ree 8.9. Attorneys' Fees and Costs. Except as otherwise provided in this Agreement, in the event of any controversy, claim, or dispute arising out of this Agreement, each party shall be solely responsible for the payment of its own legal expenses, including but not limited to, attorney's fees and costs. 8.10 Contract Execution. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. WSP /WSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT 12 -12 -06 FINAL Page 9 of 10 How eTRIP Works for Collisions Local Law Enforcement Agency Collision Report Image Data 3) Dept. of Licensing Driver License Database Report Number 5) Officer investigates Collision Washington State Dept. of Transportation Statewide Collision Database —ele cfronic-traf fic.informa tion- processing— SECTOR Query-. Webpage:. View Collision Reports and Tickets Print Collision Reports and Tickets Report on number of Collisions and Tickets :rsion 5.0 inuary 22, 2007 Collision and Ticket Info Collision and Ticket Info SECTOR BackOffice Located Collision Info with Collision Report Number/ Collision Draft Design City of Renton SECTOR Clienf Collision A Cit of Report SECTOR Y Number Collision and Query...- ry. Ticket Info Web a e Receiving 7r P WebSeniice View Collision Reports and Tickets Print Collision Reports and Tickets Report on number of Collisions and Tickets 4 Collision Report Number JINDEX Info Ticket Collision Disposition Collision Info Ticket Report Di position Collision Number Report Ticket Number Info V WSDOT Collision reports and Tickets Printer Collision Info with Collision Report Number Black: Existing SECTOR and JINDEX Functionality Red: Proposed Addition to JINDEX Functionality Shaded Box: City and County Jurisdictions ,ICity o Renton RMS, Systems AOC Ticket Info Note: This design is used for illustrative purposes only and should not be considered a final design. IN WITNESS THEREOF, the duly authorized officials of the respective parties have executed this written agreement on the day and year first hereinafter written. USER AGENCY CONTACT WASHINGTON STATE PATROL BY DAV /0 rte- NAYc��� BY TITLE CM TITLE DATE 19 09 DATE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION BY TITLE DATE APPROVED AS TO FORM Assistant Attorney General Washington State Department of Transportation Washington State Patrol Assistant Attorney General Date: CITY OF TUKWILA J Hagger o or ATE: a9 Date: Page 10 of 10 APPROVED AS TO FORM C i�ty o r�nn�y\ WSP /WSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT 12 -12 -06 FINAL