HomeMy WebLinkAboutAgreements/Contracts - JuvenileZr
GRANT COUNTY
COMMISSIONERS AGENDA MEETING REQUEST FORM
(Must be submitted to the Clerk of the Board by 12:00pm on Thursday)
REQUESTING DEPARTMENT: Juvenile Court & Youth Services
REQUEST SUBMITTED BY: Suhail Palacios
CONTACT PERSON ATTENDING ROUNDTABLE: Suhail PaIaCIOS
CONFIDENTIAL INFORMATION: ❑YES ® NO
DATE: 2/09/2026
PHONE: 509-754-5690 Ext. 4430
❑Agreement / Contract
❑AP Vouchers
❑Appointment / Reappointment
❑ARPA Related
❑ Bids / RFPs / Quotes Award
❑ Bid Opening Scheduled
❑ Boards / Committees
❑ Budget
❑Computer Related
❑County Code
❑Emergency Purchase
El Employee Rel.
❑ Facilities Related
❑ Financial
❑ Funds
❑ Hearing
❑ Invoices / Purchase Orders
❑ Grants — Fed/State/County
❑ Leases
8 MOA / MOU
❑ Minutes
❑ Ordinances
❑ Out of State Travel
❑ Petty Cash
❑ Policies
❑ Proclamations
❑ Request for Purchase
❑ Resolution
❑ Recommendation
❑ Professional Serv/Consultant
❑ Support Letter
❑ Surplus Req.
❑Tax Levies
❑Thank You's
❑Tax Title Property
❑WSLCB
, - =-.(- C-2,12ME-
Requesting permission to sign MOU between Washington State Patrol and Grant County
Juvenile Court and Youth Services WSP #K22137.This MOU becomes effective on
the date of the last signature and continues for 5 years and may be renewed.
If necessary, was this document reviewed by accounting? ❑ YES 0 NO
If necessary, was this document reviewed by legal? Fm_1 YES ❑ NO
DATE OF ACTION: 07— I '0 c
APPROVE: DENIED ABSTAIN
D1: 6,
D2:
D3:
DEFERRED OR CONTINUED TO:
RECEIVED
4/8/24 GRANT COUNTY COMMISSIONERS
WSP Contract No. K2213 7
MEMORANDUM OF UNDERSTANDING
Between the
WASHINGTON STATE PATROL
And the
GRANT COUNTY JUVENILE COURT
I PURPOSE
The parties to this Memorandum of Understanding (MOU) are the Washington State Patrol (WSP), and
the Grant County Juvenile Court (a non -criminal justice agency) known hereinafter as the NCJA. This
MOU sets forth the policy to ensure the protection of criminal history record information (CHRI)
between the WSP, the NCJA, and the Federal Bureau of Investigation (FBI). This MOU provides
guidance for the creation, viewing, modification, transmission, dissemination, storage, and destruction
of CHRI data. This policy applies to the NCJA and its contractors with access to, or who operate in
support of, non -criminal justice services and information.
II. ADMINISTRATIVE RESPONSIBILITIES
As participants in this MOU, the parties will develop mutually and separately appropriate procedures
for transmission, dissemination, storage, and destruction of CHRI data.
1. The Washington State Patrol shall ensure the NCJA complies with the Criminal Justice
Information Services (CJIS) Security Policy (Section X) which includes authorized use of CHRI,
dissemination of CHRI, statute authorization for civil applicant background checks conducted by
noncriminal justice agencies, applicant notification and record challenge, security of CHRI,
storage of CHRI, outsourcing of noncriminal justice administrative functions, and user fees. WSP
will conduct business and technical security audits every three years of the agency(ies) receiving
CHRI to ensure compliance to all state and federal standards.
2. The NCJA shall be responsible for ensuring:
a. The NCJA responds to requests for information by the FBI CJIS Division or the WSP in
the form of questionnaires, surveys, or similar methods, to the maximum extent possible,
consistent with any fiscal, time, or personnel constraints of the agency.
b. The NCJA has formalized written procedures for the following:
i. Non -criminal Justice Agency (NCJA) Misuse
ii. Non -criminal Justice Agency (NCJA) Physical Protection
iii. Fingerprint Process
iv. Password management
v. Disposal of physical and electronic media used to process CHRI
vi. Security Incident Reporting.
c. CHRI received as a result of licensing or employment purposes, pursuant to Public Law
92-544, Housing and Urban Development (HUD), and/or Purpose Code X/Emergency
Placement is solely used for the purpose for which the record was requested. Subject
fingerprints shall be submitted with all requests for CHRI for noncriminal justice
purposes. Terminal based access to CHRI using name -based inquiry and record request
messages is not permitted for noncriminal justice purposes, unless otherwise approved by
the FBI and WSP.
d. Access to CHRI by authorized officials is subject to cancellation if dissemination is made
outside the receiving departments, related agencies, or other authorized entities.
e. All fingerprint based applicant submissions must include in the `reason fingerprinted' field
an accurate representation of the purpose and/or authority for which the CHRI is to be
used.
f. The NCJA must notify the applicants fingerprinted that the fingerprints will be used to
check the criminal history records of the FBI. The officials making the determination of
suitability for licensing or employment shall provide the applicants the opportunity to
complete, or challenge the accuracy of, the information contained in the FBI identification
FBI MOU CERI AAG APPROVED NCJA Rev 12-21-20 Page 1 of 6
WSP Contract No. K22137
record. These officials also must advise the applicants that procedures for obtaining a
change, correction, or updating of an FBI identification record are set forth in Title 28,
C.F.R. 16.34. Official making such determinations should not deny the license or
employment based on information in the record until the applicant has been afforded a
reasonable time to correct or complete the record, or has declined to do so.
g. Appropriate administrative, technical, and physical safeguards to insure the security and
confidentiality of records and to protect against any anticipated threats or hazards to their
security or integrity.
h. The NCJA shall seek WSP permission prior to outsourcing noncriminal justice functions.
i. Outsourcing of noncriminal justice administrative functions requiring access to CHRI to
either another governmental agency or a private contractor acting as an agent for the
authorized receiving agency complies with the Security and Management Control
Outsourcing Standard for Non-Channelers.
j . The NCJA is responsible for compliance to technical standards set forth by WSP and the
CJIS Security Policy
k. The NCJA will conduct periodic self -audits to ensure compliance with the CJIS Security
Policy.
1. The NCJA will participate in WSP and FBI audits, provide plans for any compliance
issues, and follow through to resolution within identified timeframes.
m. The NCJA will ensure all appropriate staff members are trained according to the state and
federal requirements.
III. CRIMINAL HISTORY RECORD INFORMATION RESPONSBILITIES
The NCJA shall conform to system policies, as established by the FBI CJIS Division and WSP, before
access to CHRI is permitted. This will allow for control over the data and give assurance of system
security.
1. The rules and procedures governing access to CHRI shall apply equally to all participants in
the system.
2. All noncriminal justice agencies with access to CF R.I data must designate a specific unit,
position, or personnel to access CHRI; noncriminal justice agencies must advise WSP of such
personnel and changes to such designation.
3. All noncriminal justice agencies with access to CHRI data from the system shall permit an
FBI CJIS Division or WSP audit team to conduct appropriate audits. The NCJA must
cooperate with these audits and respond promptly.
IV. SECURITY RESPONSIBILITIES
Technical Roles and Responsibilities
The NCJA must comply with and enforce system security. NCJA must have someone designated as
the IT Point of Contact (IT POC). IT POC's shall be responsible for the following:
1. Identify who is using the WSP approved hardware, software, and firmware and ensure no
unauthorized individuals or processes have access to the same.
2. Identify and document how the equipment is connected to the state system.
3. Ensure that personnel security screening procedures are being followed as stated in the CJIS
Security Policy.
4. Ensure the approved and appropriate security measures are in place and working as
expected.
5. Support policy compliance and ensure the WSP CJIS Information Security Officer is
promptly informed of security incidents.
Security Enforcement
The NCJA is responsible for enforcing system security standards for their agency, in addition to all of
the other agencies to which the NCJA provides CHRI information. Authorized users shall access and
FBI MOU CHU AAG APPROVED NCJA—Rev 12-21-20 Page 2 of 6
WSP Contract No. K22137
disseminate the CHRI data only for the purpose for which they are authorized. NCJA shall have a
written policy for the discipline of policy violators.
Technical Security Training
All Information Technology (IT) employees who have access to and those who have direct
responsibility to configure and maintain FBI CHS systems must review security awareness training
within six months of their appointment or assignment.
Physical Security
A physically secure location is a facility, a criminal justice conveyance, or an area, a room, or a
group of rooms within a facility with both the physical and personnel security controls sufficient to
protect CJI and associated information systems. The perimeter of the physically secure location shall
be prominently posted and separated from non -secure locations by physical controls. Security
perimeters shall be defined, controlled, and secured.
Personnel Security
Only authorized personnel will have access to physically secure non-public locations. The agency
will maintain and keep current a list of authorized personnel. All physical access points into the
agency's secure areas will be authorized before granting access. The agency will implement access
controls and monitoring of physically secure areas for protecting all transmission and display
mediums of CHRI. Authorized personnel will take necessary steps to prevent and protect the
agency from physical, logical and electronic breaches.
All personnel with physical and/or logical access to CHRI and are not escorted must:
1. Meet the minimum personnel screening requirements prior to CHRI access (if allowed by
statute)
a. If statutorily allowed (i.e. a state or federal statute allows or requires personnel to be
fingerprinted)
i. To verify identification, state of residency and national fingerprint -based record
checks shall be conducted prior to granting access to CJI/CHRI for all personnel
who have unescorted access to unencrypted CJI/CHRI or unescorted access to
physically secure locations or controlled areas (during times of CJI/CHRI
processing).
2. Complete Security Awareness Training
a. All authorized personnel with physical or logical access to CHRI, will take the required
Security Awareness Training in CJIS Online within six months of being granted duties
that require CHRI access and every two years thereafter
The NCJA shall use the data supplied by WSP and the FBI under this MOU only for the authorized
purpose intended. NCJA shall not use this data for any other purpose and shall not disseminate this
data with any other parties unless required by law. The NCJA shall provide notice and a copy of any
public records requests or subpoenas regarding the data to the WSP within five business days after the
NCJA receives the request or subpoena.
Storage
When CHRI is stored, agencies shall establish appropriate administrative, technical and physical
safeguards to ensure the security and confidentiality of the information. These records shall be stored
for extended periods only when they are key elements for the integrity and/or utility of case files
and/or criminal record files.
The NCJA shall securely store digital and physical media within physically secure locations or
controlled areas. The agency shall restrict access to digital and physical media to authorized
individuals. If physical and personnel restrictions are not feasible then the data shall be encrypted per
the requirements of the CJIS Security Policy.
FBI MOU CHRI AAG APPROVED NCJA—Rev 12-21-20 Page 3 of 6
WSP Contract No. K22137
V. IMMIGRATION ENFORCEMENT RESPONSIBILITIES
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 addendum is to make
clear that the parties interpret the attached agreement as consistent with the Washington law,
including RCW 10.93.160, in that WSP and its personnel shall not engage in any acts proscribed by
Washington law.
Consistent with RCW 10.93.160 and Washington Executive Order 17-01, the NCJA agree(s) not to
use or share any information obtained from the WSP, its systems, or its personnel, with any third
parties to support or engage in civil immigration enforcement activities.
VI. LIAISON REPRESENTATIVES
For the Washington State Patrol:
Wesley Vradenburg, Assistant Division
Commander, Criminal Records Division
PO Box 42619
Olympia WA 98504-2619
Phone: 360-534-2103 (o) 360-277-7244 (m)
Fax: 360-534-2070
E-mail: Wesley. Vradenburg(cr�,wsp.wa.goy
VII. INDEMNIFICATION
For NCJA:
Suhail Palacios
PO Box 818
Ephrata WA 98823
Phone: (509) 754-5690 Ext. 4430
E-mail: spalacios(&,grantcountywa.gov
To the extent permitted 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 this MOU.
VIII. PERIOD OF MOU
This MOU becomes effective on the date of the last signature and continues for five (5) years and may
be renewed. It may be modified by mutual written consent of the two agencies.
IX. TERMINATION
Except as otherwise provided in this MOU, either party may terminate this MOU upon ninety (90) days'
written notification to the other party. If this MOU is so terminated, the terminating party shall be liable
only for performance in accordance with the terms of this MOU for performance prior to the effective date
of termination.
X. DISPUTES.
In the event that a dispute arises under this MOU, it shall be resolved by a Dispute board as follows: The
Chief of the WSP, or designee, shall appoint one member to the Dispute Board; the NCJA shall appoint
one member to the Dispute Board; and the Chief of the WSP, or designee, and the NCJA 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. If applicable and as an alternative to this process, either of the parties may
request intervention by the Superior Courts of Thurston County.
This Memorandum of Understanding shall be deemed to have been made in Thurston County, in the State
of Washington, and its validity construction, interpretation and legal effect shall be governed by the laws
of the State of Washington. The parties acknowledge that they have voluntarily entered into a consensual
relationship and, by doing so, have knowingly and voluntarily consented to the jurisdiction of the State of
Washington. The parties agree:
FBI MOU CERI AAG APPROVED NCJA—Rev 12-21-20 Page 4 of 6
WSP Contract No. K2213 7
1. Any action, suit, or proceeding arising from or based upon this Memorandum 'of Understanding
shall be commenced in and determined exclusively by the appropriate Superior Courts of
Thurston County.
2. To submit to and to be bound by the jurisdiction of those appropriate courts.
3. Service of process may be made by certified mail to the Torts Office of the Washington State
Attorney General located at PO Box 40126, Olympia WA 98504-0126, which shall be as binding
as if personally served.
XI. EXHIBITS
The documents listed below are incorporated into and made a part of this MOU:
1. FBI CJIS Security Policy htt s: //tivww. i. ovlset-viceslc 'islc 'is-securit - olic-resotirce-
cent, er.
2. NCJA shall store records in accordance with Exhibit A. the Security and Management
Control Outsourcing Standard for Non-Channelers. Exhibit A, attached hereto, is the most
recently revised Standard. The Standard can be found at the following link:
https://www.fbi.gov/file-re,pository/com act -council - security- and -mama ement-control-
outsourcing-standard-for-non-channelers.pdf/view The NCJA shall review the Standard at
least yearly, and adhere to any the provisions of the most recently implemented by the
National Crime Prevention and Privacy Compact Council.
XII. ORDER OF PRECEDENCE
In the event of any inconsistency in the terms of this MOU, unless otherwise provided herein, the
inconsistency shall be resolved by giving precedence in the following order:
a. Applicable federal and state statutes and regulations;
b. The Terms and Conditions contained in this MOU;
c. Security and Management Control Outsourcing Standard for Non-Channelers;
d. Any other provisions of the MOU, whether incorporated by reference or otherwise.
XIII. ALL WRITINGS CONTAINED HEREIN
This MOU contains all the terms and conditions agreed upon by the parties. No other understandings, oral
or otherwise, regarding the subject matter of this MOU shall be deemed to exist or to bind any of the parties
hereto.
XIV. Electronic Signatures. A signed copy of this contract 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 document for all purposes.
Electronic signatures must be certified to be considered valid signatures
XV. GOVERNOR'S DIRECTIVE DATED JUNE 30, 2022 Prohibiting 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 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 sharing, communications dispatch, or any other agreement that shares resources and/or
provides data as described herein. WSP shall not use or share WSP resources and/or data, including
any individuals' personal 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.
FBI MOU CHRI AAG APPROVED NCJA—Rev 12-21-20 Page 5 of 6