HomeMy WebLinkAboutSH26-008 TraCS - DSA- Kittitas County SO partially signedWSP Contract No.TRACS00259
For External Use Only:
TRAFFIC AND CRIMINAL SOFTWARE (TraCS)
RECORD SHARING AGREEMENT
BETWEEN
WASHINGTON STATE PATROL
AND
KITTITAS COUNTY SHERIFF'S OFFICE
This Agreement is made and entered into by and between the Washington State Patrol, hereinafter
referred to as the WSP, and the Kittitas County SO hereinafter referred to as the Agency
(collectively referred to as "Party" or "Parties"). This Agreement is entered into under authority of
the Revised Code of Washington 39.34 Interagency Agreements.
The Agency acknowledges that this document is provided in a secured PDF format and is not to be
converted to other formats (including but not limited to Microsoft Word) for editing. Any changes
made outside of the WSP review process will render the document null and void.
PURPOSE
The purpose of this Agreement is to provide the Agency listed above access to the WSP's Traffic
and Criminal Software (TraCS). This Agreement defines roles and expectations regarding the Traffic
and Criminal Software (TraCS) processes record sharing and use practices, and the method for
resolving technical issues. Agency is:
❑X A general authority Washington law enforcement agency as defined in Section
10.93.020 of the Revised Code of Washington.
❑ A Washington Tribal Authority as defined in Section 10.92 of the Revised Code of
Washington.
❑ A limited authority Washington law enforcement agency as defined in
❑ An Office of a Prosecuting Attorney as defined in Chapter 36.27 or Chapter 35A.11 of
the Revised Code of Washington
❑ An "Animal care and control agency" as defined in Chapter 16.52.011(c) of the Revised
Code of Washington.
THEREFORE, IT IS MUTUALLY AGREED THAT:
1. DEFINITIONS
As used throughout this Agreement, the following terms shall have the meanings set forth below:
"AOC" means the Administrative Office of the Courts.
"Confidential Information" means Records as defined herein, or information specifically protected
from release or disclosure by law under either Chapter 42.56 RCW (Public Records Act) or other
state or federal statutes. Confidential Information includes, but is not limited to, information about
public employees, lists of individuals for commercial purposes, information about the infrastructure
and security of computer and telecommunication networks, and/or personally identifiable
information as described herein.
"Record Steward": A Record Steward is a guardian of an organization's records, responsible for
ensuring its quality, usability, security, and compliance with policies, acting as a bridge between
user teams and business users to make Records trustworthy for decision -making.
"DOL" means the Department of Licensing.
"DUI" means Driving Under the Influence.
"eTR/P Committee" means the group comprised of the WTSC, WASPC, WSP, AOC, WSDOT and
DOL traffic records governing entities.
"JINDEX" means Justice Information Network Data Exchange, an application managed by
WaTech.
"LASH" means Local Agency System Administrator.
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"NOCC" means Notice of Criminal Citation.
"NOI" means Notice of Infraction.
"Personally Identifiable Information (Pll)" means information, Records, or a set of linked
information that is identifiable to a specific person, including, but not limited to, information that
relates to the person's name, health, finances, education, business, use or receipt of governmental
services or other activities such as addresses, telephone numbers, social security numbers,
driver's license numbers, email addresses, credit card information, law enforcement records, or
other identifying information or Protected Health Information (PHI).
"PTCR" means Police Traffic Collision Reports.
"Records" means any paper, correspondence, completed form, bound record book, photograph,
film, sound, or video recording, map drawing, machine-readable materials, electronic data
(including email), compact disc, or other document, regardless of physical form or characteristics,
and including copies thereof, that have been made by or received by any agency, company, or the
State of Washington in connection with the transaction of public business, or the work of the
department or its employees. For purposes of this Agreement, Records includes, without limitation
--source code, -NOls,--NOCCs,-P-TCRs,-D-UI-Arrest-Reports, and_ other_ forms that are created, _- -
collected, or transmitted into the TraCS system and stored, and used by the Parties specific to the
TraCS application as described herein.
"Research" means a systematic investigation, including research development, testing, and
evaluation, designed to develop or contribute to generalizable knowledge.
"Subcontractor" means one not in the employment of a Party to this Agreement, who is performing
all or part of those services under this contract under a separate contract with a Party to this
Agreement. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
"TraCS" means Traffic and Criminal Software.
"User" means any Agency Personnel that have TraCS User Accounts.
"WASPC" means the Washington Association of Sheriffs and Police Chiefs.
"WaTech" means Washington Technology Solutions.
"WSDOT" means the Washington State Department of Transportation.
"WSP" means the Washington State Patrol.
"WTSC" means the Washington Traffic Safety Commission.
2. Statement of Work
The Parties to this Agreement shall furnish the necessary personnel, equipment, material, or
service(s) and otherwise do all things necessary for or incidental to the exchange of Records as set
forth in Attachment A (Statement of Work for Data Security Requirements).
3. Period of Performance
The period of performance shall commence on the date of the last signature and continue in full force
and effect until superseded by a new agreement or terminated as provided herein.
4. Payment
This is a non -financial Agreement. In no event shall either Party seek compensation from the other
Party for work performed under this Agreement.
5. Records Maintenance
Records in any medium, furnished by one Party to this Agreement to the other Party, will remain the
property of the furnishing Party, unless otherwise agreed. Except as outlined in this Agreement or
otherwise required by law, the receiving Party will not disclose or make available these Records to any
third Party without first giving notice to the furnishing Party at least fifteen days in advance of the
disclosure. Each Party will utilize reasonable security procedures and protections to ensure that the
Records provided by the other Party are not erroneously disclosed to third parties.
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6. Confidentiality
Except as set forth herein or otherwise required by law, the use or disclosure by either Party of any
information concerning the other Party for purposes not directly connected with the administration of
responsibilities for the services provided under this Agreement is prohibited. Each Party shall
maintain all information which the other Party specifies in writing as Confidential Information to the
extent consistent with Washington State or federal law. The Agency shall ensure that its employees
and all others with access to the system adhere to this requirement.
6.1 Safeguardin_q of Confidential Information:
Each Party shall not use or disclose Confidential Information in any manner that would constitute a
violation of federal or Washington State law. Each Party agrees to comply with all applicable
federal and state laws and regulations, as currently enacted or revised, regarding Records
security, PII, and electronic interchange of Confidential Information.
Each Party shall protect Confidential Information collected, used, or acquired in connection with this
Agreement, against unauthorized use, disclosure, modification, or loss. Except as otherwise required
by law, each Party shall ensure their directors, officers, employees, subcontractors, or agents use it
- -- only -for the -purposes of accomplishing the services -set _forth in -this -Agreement. Each -Party and all
other Authorized Users with access to the system agree not to release, divulge, publish, transfer, sell,
or otherwise make it known to unauthorized persons. Additional Authorized Users may be added to
the system or may receive Records upon execution of a data sharing agreement between the
Parties, the execution of which shall require WSP advanced approval. Each Party agrees to
implement physical, electronic, and managerial policies, procedures, and safeguards to prevent
unauthorized access, use, or disclosure.
Each Party reserves the right to monitor, audit, or investigate the use of Confidential Information
collected, used, or acquired by the other Party through this Agreement. The monitoring, auditing, or
investigating may include, but is not limited to, "Salting." "Salting" is the act of introducing Records
containing unique but false information that can be used later to identify inappropriate disclosure of
Records.
Each Party shall notify the other Party in writing within 24 hours upon becoming aware of any
unauthorized access, use, or disclosure of Confidential Information. Each Party shall take necessary
steps to mitigate the harmful effects of such use or disclosure. The Party, whose Records have been
subject to any unauthorized access, use, or disclosure, is financially responsible for notification of the
unauthorized access, use, or disclosure. The details of the notification must be approved by both
Parties. The reviewing Party shall approve or provide specific, actionable objections to the proposed
notification within 48 hours of receipt, or approval shall be deemed granted. Each party shall be
responsible for the acts, errors, and omissions of itself and its own officers, employees, and agents
acting within the scope of their authority and within the scope of the performance of this Agreement.
Any unauthorized release of Confidential Information may result in termination of the Agreement,
suspension of on-line access accounts, or the demand for return of all Confidential Information. Each
Party warrants that its agents, employees, Authorized Users, or subcontractors are bound to all
confidentiality and security obligations of this Agreement.
6.2 Release of Records to State Agencies
The WSP may release Records to the WTSC for carrying out the purpose, powers, and duties of
the WTSC as defined in RCW 43.59, The WSP may release records to other state agencies with
an authorized purpose for receiving records upon request. The WSP will maintain Records sharing
agreements with external agencies receiving records governed by this Agreement.
6.3 Release of Records for Human Subjects Research
Release of Confidential Information for human subject research shall comply with state and federal
human research review processes, as implemented by the Washington State Institutional Review
Board.
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7. Keep Washington Working / Immigration Law
Under Washington law, the WSP and its personnel are generally prohibited from enforcing federal
immigration law. See RCW 10.93.160. Neither WSP nor any of its employees may contract in any
way to provide civil immigration enforcement assistance. The purpose of this provision is to make
clear that the Parties interpret this Agreement as consistent with Washington law, including RCW
10.93.160, and that the WSP and its personnel shall not engage in any acts prohibited by
Washington law.
The Parties to this Agreement agree not to use or share any information obtained from the TraCS
system, the WSP, its systems, or its personnel, with any third parties to support or engage in civil
immigration enforcement activities prohibited by RCW 10.93.160 and/or WA Executive Order 17-
01.
8. Directive 22-12 Reproductive Health Care Rights
This Directive prohibits cooperation or assistance with out-of-state abortion and other reproductive
health care investigations, prosecutions, or other legal actions.
Pursuant to the provisions of RCW 9.02.110, RCW 9.02.120, and the Governor's Directive 22-12
dated June 30, 2022,-the WSP is generally prohibited -from -cooperating with or providing-
assistance to out-of-state abortion and other reproductive health care investigations, prosecutions,
or other legal actions.
Neither the WSP nor any of its employees or subdivisions may contract in any way to provide civil
or criminal cooperation or assistance with abortion and other reproductive health care
investigations, prosecutions or other legal actions, including through agreements for task force
participation, mutual aid, data (Record) sharing, communications dispatch, or any other agreement
that shares resources and/or provides Records as described herein. the WSP shall not use or
share WSP resources, Records, or Confidential Information or other information ascertained by the
WSP or its personnel, with any third parties to support or engage in abortion or other reproductive
health care investigations, prosecutions, or other legal actions.
Therefore, to comply with Governor's directive 22-12 and applicable statutes, the Agency shall not
use or share any Confidential Information and/or Records, with any third parties or to support or
engage in abortion or other reproductive health care investigations, prosecutions, or other legal
actions.
The prohibition on information sharing includes place of birth, present location, release date from
detention, if applicable, reproductive health care history, and family members' names, absent a
court order orjudicial warrant, except as may be required by the Public Records Act (PRA),
chapter 42.56 RCW. Incidents of disclosure of such personal information shall be considered a
breach of this Agreement and shall be reported to a designated WSP official.
9. Records Retention Notification
WSP will notify Agency when Records owned by the Agency have met the WSP requirements for
destruction. WSP will provide Agency 14 (fourteen) days to export any Records owned by the Agency
before WSP submits a destruction request.
10. Independent Capacity
The employees or agents of each Party who are engaged in the performance of this Agreement shall
for all purposes continue to be employees or agents of that Party and shall not be considered for any
purpose to be employees or agents of the other Party. Personnel of either Party providing services
under the terms of this Agreement shall be under the direct command and control of that Party's Chief
or appropriate authority or designee and shall perform the duties required by this Agreement in a manner
consistent with respective Party's 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 respective Party's Chief or
appropriate authority or designee.
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11. Agreement Alterations and Amendments
This Agreement may be amended or altered upon execution of a written mutual agreement of the
Parties. Such amendments shall not be binding unless they are in writing and signed by personnel
authorized to bind each of the Parties.
11.1 Changes to the points of contact information may be provided in writing by email to the
other Party within 10 days of any such change and enter into a written amendment to
memorialize such change.
11.2 Without need for written amendment, in its sole discretion, the WSP may require
changes in Records formats, report forms and other business rules. The Agency will be
notified when any changes or updates to these requirements occur, and the Agency
shall comply with any such changes.
11.3 WSP shall advise the Agency of any changes to Attachment C (eTRIP Committee
Training) within five (5) business days of the change taking effect, without need for
written amendment.
12. Termination
Either Party may terminate this Agreement upon 30 days' prior written notification to the other Party. If
this Agreement is so terminated, the Parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement before the effective date of termination.
13. Disputes
If a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following
manner: Each Party to this Agreement shall appoint one member to the Dispute Board. The members
so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall
review the facts, agreement terms and applicable statutes and rules 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, either Party may request intervention by the Governor, as provided by RCW
43.17.330, in which event the Governor's process will control.
14. Governance
This Agreement is entered into pursuant to and under the authority granted by the laws of the State of
Washington, and any applicable federal laws and WSP policy. The provisions of this Agreement shall
be construed to conform to those laws and policy.
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute, rule, or policy, the inconsistency shall be resolved by giving precedence in the following order:
1. Applicable federal and state statutes and rules;
2. The terms of this Agreement;
3. Statement of Work for Data Security Requirements (Attachment A);
4. WSP Policy; and
5. Any other provisions of the Agreement, including material incorporated by reference.
15. Assignment
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either Party in whole or in part.
16. Waiver
A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a written amendment executed between the Parties.
17. Hold Harmless
To the extent allowable by law, 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 intentional act or omission of
that Party's employees, agents, and/or authorized subcontractor(s) while performing under this
Agreement.
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18. Subcontracting
Subcontractors are not allowed under this Agreement.
19. Severability
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision, if such remainder conforms to the requirements of applicable law
and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are
declared to be severable.
20. Termination of Access
Each Party may at its discretion disqualify an individual authorized by the other Party from gaining
access to Records or Confidential Information. Termination of access of one individual by either Party
does not affect other individuals authorized under this Agreement. The Party requiring disqualification
shall notify the other Party of the disqualification within 48 business hours of the event.
21. Filing Requirements
This Agreement may be required to be filed with the Department of Enterprise Services pursuant to
Chapter 39.26, 39.34.040, and 34.080 RCW. No contract so filed -is -effective nor shall work -
commence under it until the tenth (10th) working day following the date of filing.
22. Governing Law
This Agreement shall be governed in all respects by the laws of the State of Washington. The
jurisdiction for any action hereunder shall be the Superior Court for the State of Washington. The
venue of any action hereunder shall be in the Superior Court for Thurston County, State of
Washington
23. Antidiscrimination - SB 5186
23.1 Nondiscrimination Requirement. During the term of this Agreement, Agency shall
not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Agency
shall give written notice of this nondiscrimination requirement to any labor
organizations with which Agency has a collective bargaining or other agreement.
23.2 Obligation to Cooperate. Agency shall cooperate and comply with any Washington
state agency investigation regarding any allegation that Agency has engaged in
discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3).
23.3 Default. Notwithstanding any provision to the contrary;-WSP may suspend Agency
upon notice of a failure to participate and cooperate with any state agency
investigation into alleged discrimination prohibited by this Agreement pursuant to RCW
49.60.530(3). Any such suspension will remain in place until WSP receives notification
that Agency is cooperating with the investigating state agency. In the event Agency is
determined to have engaged in discrimination identified at RCW 49.60.530(3), WSP
may terminate this Agreement in whole or in part, and Agency may be referred for
debarment as provided in RCW 39.26.200. Agency may be given a reasonable time in
which to cure this noncompliance, including implementing conditions consistent with
any court -ordered injunctive relief or settlement agreement.
24. Supplier Diversity
This Agreement is not subject to Subcontractor Payment Reporting.
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25. A_pency Contacts
The below -listed Contacts for each of the Parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Agreement.
The Contacts for the Agency are:
The Contacts for the WSP are:
Ben Kokjer - Chief Deputy
Debra Peterman, TraCS Program Manager
Washington State Patrol
(Signing Authority Name)
PO Box 42622
(Record Sharing Agreement Issues)
Olympia WA 98504-2622
Kittitas County SO
Phone: 253-753-8285
307 W Umptanum Rd
Email: debbie.peterman(cDwsp.wa.gov
Ellensburg WA 98926
Jamie Ralkey, TraCS Support Specialist
509-962-7525
Phone:
(Technical Issues and Change Requests)
Phone: 360-705-5999
Email: ben.kokjer@co.kittitas.wa.us
Email: TraCS ws .wa. ov
26. Public Disclosure
The Parties acknowledge that both Parties are subject to Chapter 42.56 RCW and that this
Agreement shall be a public record as defined in the Public Records Act. Any specific information
claimed by either Party to be proprietary information must be clearly identified as such. To the
extent consistent with Chapter 42.56 RCW, the Parties shall maintain the confidentiality of all such
information marked as proprietary information. If a public records request for a copy of this
Agreement is received pursuant to Chapter 42.56 RCW, or if a public records request is received
for Confidential Information, or other documentation related to the TraCS system, the receiving
Party will give the furnishing Party ten days' written notice at the furnishing Party's last known
address before releasing any documents that Party has marked as proprietary information. It is
furnishing Party's responsibility to take legal action to obtain an injunction prior to the expiration of
the ten days' notice. To the extent allowable by law, the furnishing Party will indemnify, defend,
and hold harmless the receiving Party for release of documents related to this contract as required
by law. Nothing contained in this Section or any other portion of this Agreement affects or modifies
either Party's obligation to disclose public records under Chapter 42.56 RCW or other applicable
law.
If either Party receives a public records request under Chapter 42.56 RCW for any records
containing information subject to this Agreement, the receiving Party agrees to notify the other
Party's Public Records Officer within five (5) business days and to follow the procedure set out in
this section before disclosing any records. The WSP Public Records Section can be contacted at
pubrecs(a)wsp.wa.gov.
The receiving Party must provide a copy of the records with proposed redactions to the furnishing
Party within the time frame required by WSP Public Records Section. The furnishing Party will
respond within ten (10) business days of receipt of the redacted records to identify concerns with
disclosure of the records, propose any changes to the receiving Party's redactions, or request
more time if needed. If the receiving Party disagrees with any of the furnishing Party's concerns or
proposed changes, the receiving Party must notify the furnishing Party of that disagreement and
provide them with a minimum of fifteen (15) business days to obtain a restraining order or
injunction under RCW 42.56.540 before disclosing any records.
27. Force Maleure
Neither Party shall be liable to the other or deemed in default under this Agreement if and to the
extent that such Party's performance of this contract is prevented by reason of force majeure. The
term "force majeure" means an occurrence that is beyond the reasonable control of the Party
affected and could not have been avoided by exercising reasonable diligence. Force majeure shall
include acts of God, war, riots, floods, epidemics, or other similar occurrences. Notification: If either
Party is delayed by force majeure, said Party shall provide written notification within forty-eight (48)
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hours. The notification shall provide evidence of the force majeure to the satisfaction of the other
Party. Such delay shall cease as soon as practicable and written notification of same shall be
provided. The time of completion shall be extended by contract modification for a period of time
equal to the time that the results or effects of such delay prevented the Party from performing in
accordance with this contract. Rights Reserved: Either Party reserves the right to cancel the
Agreement during the time of force majeure, and the other Party Agency shall have no recourse
against the cancelling Party.
28. Electronic ftnatures
A signed copy of this document or any other ancillary document transmitted by facsimile, email, or
other means of electronic transmission shall be deemed to have the same legal effect as delivery
of an original executed copy of this document or such an ancillary document for all purposes.
Approved signatures shall include wet ink scanned signatures, or certified electronic signatures.
Uncertified electronic signatures are not considered valid signatures and shall not be accepted.
29. All Writinqs Contained Herein
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 to bind any of the Parties hereto. Notwithstanding any provision to the contrary, in no event
shall any unilateral documents such as "click -through agreements," software or web -based application
terms and conditions, or any other unilateral agreement not specifically incorporated herein modify the
terms and conditions of this Agreement.
Each party to this document, and each individual signing on behalf of each party, hereby represents
and warrants to the other that it has full power and authority to enter into this document and that its
execution, delivery, and performance of this document has been fully authorized and approved, and no
further approvals or consents are required to bind each party.
IN WITNESS WHEREOF, the Parties have executed this Agreement.
STATE OF WASHINGTON
Kittitas County SO
Signature
Name: Ben Kokjer
Title: Chief Deputy
STATE OF WASHINGTON
WASHINGTON STATE PATROL
09/ar%
Date Signature Date
Name: Christopher Anderson
Title: Information Technology Division
Commander
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Attachment A:
Statement of Work for
Data Security Requirements
The Agency shall furnish the necessary personnel, equipment, material, or services and otherwise do
all things necessary incidental to the performance of work as set forth below.
This Attachment A documents the security requirements for transferring, accessing, and protecting
WSP's network, Records, or Confidential Information shared under the terms of this Agreement.
1. Description of Records
TraCS Records consist of three primary parts:
Part One: The TraCS Forms Manager is used by law enforcement officers and prosecutors across
the State of Washington to collect Data and to create, print, and file electronically NOI/NOCC, PTCR,
DUI Arrest Reports, Warnings/Correction Notices, Tow/Impound Forms, and Marine Law Enforcement
Vessel Inspection and Warning forms.
Part Two: The TraCS Configuration Manager is used by Local Agency System Administrators
(LASA) to manage Agency -User Accounts
Part Three: All eTRIP Committee partner agency applications that receive and process Records
collected on the NOI/NOCC PTCR DUI Arrest Reports, Warnings/Correction Notices, Tow/Impound
Forms, and Marine Law Enforcement Vessel Inspection and Warning forms and all other TraCS Forms,
current or future, either through TraCS (or on paper forms).
2. Agency Responsibilities
The Agency certifies that it operates computers to create or review NOI/NOCC, PTCR, DUI Arrest
Reports, Warnings/Correction Notices, Tow/Impound Forms, and Marine Law Enforcement Vessel
Inspection and Warning forms pursuant to federal, state, and local requirements using TraCS. Under
this Agreement the responsibilities of the Agency are:
a. The Agency shall designate LASA as the primary contact for TraCS and who will receive TraCS
Administrator training. The LASA shall:
• Document and submit recommendations for modification of TraCS via the change request
process;
• Manage the connection(s) needed to move Records between the TraCS application to the
TraCS database; -
• Provide support for Agency Users and reviewers;
• Update required Agency processes with the parameters of TraCS; and
• Contact the WSP Information Technology Division Customer Services to initiate a work
order for problem resolution and tracking.
b. Agency support staff will install TraCS software on Agency -owned equipment. The Agency will
not share the TraCS installation package with any third party not specifically bound by the
confidentiality obligations of this Agreement.
c. The Agency will adhere to the TraCS application standards for the computing environment as
published by WSP and documented in the Agency application for use of the TraCS system. The
Agency will make its electronic reporting equipment and system secure and prevent
unauthorized use. The Agency will ensure Agency equipment maintains current virus checking
software. If the Agency equipment becomes infected, the Agency will take all necessary steps to
remove the virus and ensure the virus is not transmitted to the TraCS server located at and
maintained by the WSP.
d. Agency Users and reviewers will send/transmit PTCRs, NOls, and NOCCs electronic records
regularly and promptly. All Agency Users and reviewers will adhere to the training program.
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Attachment A:
Statement of Work for
Data Security Requirements
e. The Agency will be responsible for all required hardware and software purchased for the
Agency use of the TraCS application and the transmittal of electronic records to the WSP,
including Agency personnel, operating, maintenance, and Records transmission costs. Any
costs associated with the Agency interfacing with the TraCS database through JINDEX will be
the responsibility of the Agency.
3. WSP Responsibilities
a. The WSP will provide TraCS software to the Agency at no charge. Maintenance of the
TraCS Client application is provided by a third -party vendor Technology Enterprise Group,
Inc. (TEG) and the WSP, including maintaining TraCS baseline code, compliance with the
business rules, Records formats, and standardized forms. the WSP will provide a secure
environment for electronic Records, and retain these Records according to federal and state
laws and regulations. the WSP will also provide the Agency with any evasive action required
to protect the TraCS computing environment from significant risk.
b. The WSP will -create LASA accounts, train the LASH; and assist the LASA in administration
of agency accounts.
c. The WSP will provide a change request/control process via the ServiceNow application;
coordinate change requests describing issues or enhancements through the eTRIP
Committee; and provide notification of application modifications at least 30 days in advance
of implementation, unless the change is required for immediate security or compliance
purposes.
d. The WSP will transmit NOls and NOCCs to AOC, and transmit PTCRs to WSDOT and DOL
via the JINDEX application.
e. The WSP reserves the right to review and approve Agency equipment security measures
and to suspend or withhold service if a security risk to the TraCS exists or if the Agency fails
to correct a known security deficiency with a reasonable time. The WSP shall provide the
Agency with written notice of the required correction and the reason for the suspension.
Service will be restored upon correction of the security issue to the reasonable satisfaction
of the WSP. This includes validation of current virus checking software packages.
f. The WSP will provide system requirements to Agency during the application process and
will answer questions when asked by the Agency regarding security and system
requirements.
g. The WSP will support eTRIP Committee sanctioned training.
h. The 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 Agency
in resolving problems with the TraCS system. Agencies may call (360) 705-5999 to request
support. This support is limited to resolutions for routine questions on the TraCS application
and processes, including troubleshooting and password resets, and using pre -defined
policies and procedures. Items not immediately resolved by the WSP/ITD/CSU will be
escalated to the WSP/ITD/TraCS Support; this higher level of support is provided during
regular business hours, Monday through Friday.
4. Use of Records
Except as otherwise outlined in this Agreement or required by law, the Records provided by either Party
shall be used and accessed only for the limited purposes of carrying out activities pursuant to this
Agreement as described herein. The Records shall not be duplicated or disclosed to any third except as
authorized in Section 6.1 of the Agreement. Each Party shall not use the Records provided for any
purpose not specifically authorized under this Agreement.
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WSP Contract No.TRACS00259
For External Use Only:
Attachment A:
Statement of Work for
Data Security Requirements
The Party to this Agreement that receives personal information from another state agency must protect it in
the same manner as the original agency that collected the information pursuant to Executive Order 00-03.
5. Copyri_ghfs
For all purposes under Title 17 U.S.C., the State of Washington shall be the copyright owner of all
copyrightable material which originates from this Agreement, including but not limited to reports,
documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films,
tapes, or sound reproductions. Ownership includes the right to use, copyright, patent, register, and transfer
these rights. Notwithstanding the foregoing, Agency shall retain copyrights on all Agency owned
copyrightable materials.
6. Security of Records
Each Party shall take due care to protect the shared Records from unauthorized physical and electronic
access, as described in this Agreement, to ensure the Parties are in compliance with all appropriate
federal laws, Criminal Justice Information Services (CJIS) Security Policy as appropriate, and
applicable provisions of the State of Washington Office of the Chief Information Officer (OCIO) security
standards.
7. Records Handling Requirements
The handling requirements and protective measures for (Restricted) Confidential Information or
Records while in motion and at rest are as follows:
a. GENERAL ACCESS:
Access to the TraCS application is based on business need -to -know. It is explicitly
authorized by the WSP Record owner to specific individuals.
b. Transmission of Records:
i. Electronic file transfer— Secure file transfer (encrypted) required
ii. Transmission by mail —Traceable delivery required (e.g., messenger, federal or
commercial carrier, certified, return receipt mail)
iii. Transmission by facsimile to a facility that is not secure is prohibited
iv. Electronic Mail — Encrypted files/attached to email required
V. Portable Storage Media, e.g., CDs, DVDs, USB flash drives, tapes, etc. — Encryption
Required
c. Print:
Store in a secured and lockable enclosure.
d. Copying:
Photocopying equipment use electronic storage devices to process the photocopied/
scanned images. Any electronic storage devices in the photocopying equipment must be
either wiped or destroyed upon termination of this Agreement
e. Media Disposal:
i. Printed materials (reports and documents): Destruction is required (recycling is
prohibited). Crosscut shredding of printed material is approved. The use of certified,
marked, and locked bins to hold printed material until it is shredded is appropriate.
ii. Removable magnetic or optical storage media (tape, diskettes, CDs): Media must be
destroyed or deposited in certified bins specifically designated for magnetic media or
"cleaned" using a U.S. Department of Defense -standard Data cleaning program and
then may be reused. Note: Inoperable electronic media must be destroyed. For
example, failed hard disks are not returned to the manufacturer, but are destroyed.
f. Physical Security of Data (Records):
Access to areas containing the Data (Records) must be physically restricted. Records must
be locked when left unattended.
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WSP Contract No.TRACS00259
For External Use Only:
Attachment A:
Statement of Work for
Data Security Requirements
g. Electronic Records at Rest.
If there is a need for Records to be stored on any of the Recipient's devices, the Agency
must assure unauthorized access cannot take place, including but not limited to session
locks with password protection when the computer is on and left unattended. Records
stored on non-WSP equipment must be encrypted utilizing FIPS 140-2 certified encryption
software as required by Section J(iv) below.
h. Authentication of User Identity.
i. Authentication from inside a WSP facility for the Agency staff to access internal LAN
and computer systems requires User ID and password.
ii. Authentication for the Agency staff from a location outside of a WSP facility requires
strong authentication (e.g., digital certificates, hardware, tokens, biometrics, etc.).
L Records Recovery.
-__ If either -Party -experiences -loss -of the Records or equipment obtained or maintained
pursuant to this Agreement, that Party shall promptly provide written notification to the other
Party's Contract Manager.
j. Systems Management:
The Agency shall ensure all systems, including portable systems, are maintained with all
best security practices equal to WSP's including but not limited to:
i. Install and maintain commercially available antivirus program
ii. Maintain current levels of security patches on operating systems
iii. Utilize firewalls
iv. Utilize FIPS 140-2 certified encryption software with proper configurations
V. Maintain physically secure areas for information systems
vi. Monitor logs
vii. Utilize an established incident plan
viii. Report incidents involving WSP Data
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WSP Contract No.TRACS00259
For External Use Only:
Attachment B:
Data Classification and Method of Data Access
RECORDS CLASSIFICATION DECLARATION
Records described in this Data Sharing Agreement are assessed to be in the following confidentiality
classification:
® CONFIDENTIAL
A Data classification for Data that, due to its sensitive or private nature, requires limited and authorized
access. Its unauthorized access could adversely impact the agency legally, financially or damage its
public integrity.
❑ RESTRICTED CONFIDENTIAL
A Data classification for the most sensitive medical and business Data within the agency. It is
confidential (as defined above), however, with a need for added protection. Its unauthorized access
would seriously and adversely impact the organization, its customers, employees, or business partners.
METHOD OF RECORDS ACCESS
Method of Access/Transfer
The Data shall be provided by the WSP in the following format:
❑ Encrypted Data on CD-ROM
❑ Encrypted electronic mail
❑ Encrypted files/Data attached to electronic mail
❑ US or CMS mail
❑ Secure file transfer
❑ On-line application
❑ Network assessment
® Direct connection to the network —and security information to assure Client connectivity.
❑ Other:
Frequency of Records Exchange
❑ One time: Records shall be delivered by (date)
❑ Repetitive: frequency or dates
® As available
AUTHORIZED ACCESS TO RECORDS _- -
Access to the TraCS Records is limited to individual agency staff and business partners who are
specifically authorized and who have a business need -to -know. In accordance with the terms contained
herein and prior to making the Records available, the Agency shall notify all staff with access to the
Records of the use and disclosure requirements.
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WSP Contract No. TRACS00259
For External Use Only:
Attachment C:
eTRIP Committee Training
1, TRAINING REQUIREMENTS
a. Training courses conducted must be coordinated with the Washington Association of Sheriffs
and Police Chiefs (WASPC) TraCS Training Coordinator.
b. Each Agency User must attend a WASPC sponsored training course.
c. WASPC will provide a course attendee list to the WSP for User account creation.
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