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Home My Public Portal About21-9850 Interagency Agreement Miami Dade Police DepartmentSponsored by: City Manager RESOLUTION NO. 21-9850 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXECUTE AN INTERAGENCY AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND MIAMI- DADE COUNTY / MIAMI-DADE POLICE DEPARTMENT, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO AS EXHIBIT "A", FOR ACCESS TO THE FLORIDA CRIMINAL JUSTICE NETWORK ("CJNET"), NATIONAL CRIME INFORMATION CENTER ("NCIC"), THE FLORIDA CRIME INFORMATION CENTER ("FCIC"), AND THE INTERSTATE IDENTIFICATION INDEX ("III"); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka ("City") and Miami -Dade County/Miami- Dade Police Department desire to enter into an Interagency Agreement, attached hereto as Exhibit "A"; and WHEREAS, the Interagency Agreement with Miami -Dade County/Miami-Dade Police Department provides for access to the Florida Criminal Justice Network, National Crime Information Center, the Florida Crime Information Center, and the Interstate Identification Index, which are all hereafter collectively referred to as FCIC, via network connectivity to the FDLE; and WHEREAS, The City Commission of the City of Opa-Locka desires to authorize the City Manager to enter into and execute an Interagency Agreement with Miami -Dade County/Miami-Dade Police Department. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2. AUTHORIZATION The City Commission of the City of Opa-Locka hereby authorizes and directs the City Manager to enter into and execute an Interagency Agreement with Miami - Dade County/ Miami -Dade Police Department for services, substantially in the Resolution No. 21-9850 form attached as Exhibit "A". SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 24th day of March, 2021. Mayor Matthew A. Pigatt Attest to: oa : a Flores Cit Clerk Moved by: Commissioner Burke Seconded by: Commissioner Davis Approved as to form and legal sufficiency: Burnadette Norfis-Weeks, P.A. City Attorney VOTE: 4-0 Commissioner Burke YES Commissioner Davis YES Commissioner Taylor NOT PRESENT Vice -Mayor Williams YES Mayor Pigatt YES City of Opa-locka Agenda Cover Memo Department Director: Department Director Signature: CLIPY9f7r:3— City Manager: John E. Pate CM Signature: Commission Meeting Date: 03/24/2021 Item Type: (EnterX in box) Resolution Or ance Other X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading. (EnterX in box) 1st Reading 2°d Reading X Public Hearing: (EnterX in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Area: CI Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X • • • • Sponsor Name John E. Pate Department: City Manager Short Title: A resolution authorizing the City Manager to enter into an interagency agreement with Miami -Dade County / Miami -Dade Police Department. Staff Summary: Staff supports entering into this agreement. There is no financial impact. Proposed Action: The City will utilize the services on an "as needed" basis. Attachment: Interagency Agreement INTERAGENCY AGREEMENT FOR ACCESS TO FCIC/NCIC VIA MIAMI-DADE COUNTY / MIAMI-DADE POLICE DEPARTMENT WHEREAS, the parties to this agreement are Miami -Dade County, through the Miami - Dade Police Department ("MDPD"), and the participating governing bodies and their respective agencies (collectively, the "Parties"), and WHEREAS, the MDPD and the participating agency are law enforcement or criminal justice agencies, formally recognized by the Federal Bureau of Investigation ("FBI") and the Florida Department of Law Enforcement ("FDLE"); and WHEREAS, the MDPD and the participating agency both have the benefit of access to the Florida Criminal Justice Network ("CJNet"), National Crime Information Center ("NCIC"), the Florida Crime Information Center ("FCIC"), and the Interstate Identification Index ("III"), which are all hereafter collectively referred to as FCIC, via network connectivity to the FDLE; and WHEREAS, the participating agency wishes to access FCICINCIC for the administration of criminal justice; NOW THEREFORE, the parties agree as follows: 1. The participating agency shall: A. Be entitled to use, through agents and employees of the MDPD, the computer system provided via the MDPD for the purpose of gaining access to information systems including but not limited to FCIC/NCIC, Law Enforcement Interface System (LEIS), Electronic Arrest Form (e A -FORM), and the Miami -Dade CJIS System. B. Abide by all applicable local, state, and federal laws, rules and regulations, as well as the FBI CJIS Security Policy and rules and regulations of FCIC, with regard to the use of said computer systems. C. Abide by all the terms and conditions of the Criminal Justice User Agreement executed between the FDLE and the MDPD, dated May 29, 2020, a copy of which is attached to this Interagency Agreement. D. Only use the information technology systems for the administration of criminal justice. 2. Cancellation Either party may terminate this agreement upon thirty (30) days written notice, except that the MDPD may terminate this agreement immediately and without notice upon finding that the participating agency has violated the terms of this agreement. 3. Term This Agreement shall be effective from the date of execution by the final signatory and shall continue for a period of five years. This Agreement may be formally renewed for one period consisting of five years. 1 4. Amendments This Agreement may be amended as necessary to comply with requirements regarding access to these information systems, as set forth by the FBI, the FDLE and/or the MDPD. All amendments must be in writing and executed by all parties. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper officers and officials. PARTICIPATING GOVERNING BODY: CITY OF OPA LOCKA Agency Name John E. Pate, City Manager & Director of Public Safety Agency Head Date Witness Date PARTICIPATING AGENCY: Opa Locke Police Department Agency Name Agency Head Date Witness Date 2 MIAMI-DADE COUNTY ,t1 Danielle Levine Cava, Mayor Agency Head Z b OZA t Date Witness Date Miami -Dade Police Department Agency Name Alfredo Ramirez III, Director Agency Head Date Witness Date RECEIVED BY CLERK CLERK OF THE BOARD Miaml-Dade County, Florida FEB 2 5 2021 ATTESTED BY, 0,1 174 41' ii 3 ( COUNTY i 0 3 FDLE Criminal Justice User Agreement CRIMINAL JUSTICE USER AGREEMENT This Agreement, is entered into between the Florida Department of Law Enforcement (hereinafter referred to as "FDLE"), an agency of the State of Florida with headquarters at 2331 Phillips Road, Tallahassee, Florida and the Miami -Dade Police Department with headquarters at 9105 NW 25 Street, Miami, FL 33172 with the primary ORI of: FLO130000 , (hereinafter referred to as t h e "User"). Whereas, FDLE is authorized by Section 943.0544, Florida Statutes, to operate and regulate the Florida Criminal Justice Network (hereinafter CJNet) as an intra-agency information and data -sharing network for use by the state's criminal justice agencies; Whereas, FDLE is authorized by Sections 943.05 and 943.051, Florida Statutes, to establish and operate the Florida Crime Information Center (hereinafter FCIC) for the exchange of information relating to crimes, criminals and criminal or suspected criminal activity; Whereas, FDLE participates in the National Crime Information Center (hereinafter NCIC), a service of the United States Department of Justice, the Interstate Identification Index (hereinafter III), the Federal Bureau of Investigation's (hereinafter FBI) Law Enforcement Enterprise Portal (hereinafter LEEP), the FBI's National Data Exchange (hereinafter N-DEx), FBI's Next Generation Identification (hereinafter NGI), the FBI's National Incident Based Reporting System (hereinafter NIBRS), the FBI's National Instant Criminal Background Check System (hereinafter NICS), and the International Justice and Public Safety Network (hereinafter Nlets), and serves as Florida's Criminal Justice Information Services (CJIS) Systems Agency (CSA) for the transmission of Criminal Justice Information (CJI) to and from agencies in Florida and agencies in the United States, U.S. Territories, Canada, and Interpol; Whereas, FCIC, LEEP, NCIC, III, N-DEx, NGI, NICS, NIBRS and Nlets are together (or collectively) considered CJI Systems; Whereas, the FDLE Criminal Justice Information Services Director is recognized as the FBI CJIS Systems Officer (CSO) for the State of Florida, responsible for administering and ensuring statewide compliance with the FBI CJIS Security Policy (CSP); Whereas, the Florida CSO and FBI has recognized the User as a Criminal Justice Agency by the issuance of a Criminal Justice ORI; Page 1 of 9 August 2019, Ver. 2.1 FDLE Criminal Justice User Agreement Whereas, the User is authorized access to CJI as a Criminal Justice Agency; Whereas, the User may require access to intrastate, interstate and national CJI systems provided by FDLE in order to effectively discharge the administration of criminal justice; Whereas, FDLE facilitates local law enforcement and other criminal justice agencies' requests to participate in the CJI services provided on CJNet, provided the User agrees to abide by applicable federal and state laws; administrative code, and all policies, procedures and regulations related to these systems; and further provided FDLE retains full control over the management and operation of CJNet and FCIC; Therefore, in consideration of the mutual benefits to be derived from this Agreement, the FDLE and the User do hereby agree as follows: This User Agreement, together with applicable portions of the CJIS Agency User Agreement Requirements Document (Requirements Document) attached to and made a part of this Agreement by reference, is designed for criminal justice agencies within Florida that have either direct or indirect access to Criminal Justice Information and Systems. Unless the context requires differentiation for clarity, the two documents combined will be referred to as "the (or this) Agreement." If the User does not perform a specific function, the provisions regarding that function will not apply to the User. The following "Legal and Policy Requirements" are incorporated by reference and made part of this Agreement, and may be provided upon request: 1. Sections 943.045-943.056, Florida Statutes 2. Chapter 11C-4, Florida AdministrativeCode 3. 28 C.F.R. Part 20 4. FBI CJIS Security Policy 5. FCIC Operations Manual 6. NCIC Operations Manual 7. FDLE CJIS Memoranda 8. FDLE Guidelines for CJIS Access SECTION I FDLE REQUIREMENTS FDLE is duly authorized and agrees to ensure authorized access to the criminal justice information services provided via CJI Systems and to: 1. Serve as the CSA for the State of Florida and provide the User with authorized access to CJI as is available in the CJI Systems, and to serve as the means of exchanging CJI between the User and other criminal justice agencies via CJI Systems. 2 Provide the opportunity for CJIS certification/re-certification and CJIS Security Awareness training. Page 2 of 9 August 2019, Ver. 2.1 FDLE Criminal Justice User Agreement 3 Provide the User with information concerning privacy and security requirements imposed by state and federal policies, laws, rules and regulations. All referenced policies, operating procedures, operating instructions, operating manuals and technical memoranda may be found on the CJNet CJIS Resource Center web page. 4 Act as the central state repository for Criminal History Record Information (CHRI) provided identification, record keeping, and exchange of CHRI services. 5 Facilitate access, using CJNet, to other CJI Systems that the User may be authorized to access. SECTION II USER REQUIREMENTS To ensure continued access as set forth above, the User agrees to comply with the disposition reporting provisions of Section 943.052, F.S., the CJI dissemination recordkeeping requirements in Section 943.055(1), F.S., and to implement and adhere to all applicable provisions of the CJIS Security Policy including, but not limited to, the following: 1. Record Quality — The User shall be responsible to establish appropriate and reasonable quality assurance procedures, e.g., hit confirmation, audits for record timeliness, and validation, must be in place to ensure that only complete, accurate, and valid information is maintained in CJI Systems. 2. Security — The User shall be responsible for appropriate security measures as applicable to physical security of areas identified as physically secure locations, network communication lines; personnel security to include background screening requirements; technical security to protect against unauthorized use; information security to include III use, dissemination, and logging; and security of CHRI. Additionally, the User must establish an information security structure that establishes a Local Agency Security Officer (LASO) and complies with the CSP. The User shall also be responsible for computer security incident reporting as required by the CSP, Page 3 of 9 August 2019, Ver. 2.1 FDLE Criminal Justice User Agreement 3. Audit — The User shall be responsible for complying with all audit requirements for use of FDLE and FBI CJI Systems to include but not be limited to FCIC/NCIC Record Audits, CSP Technical Audits, and N-DExAudits. 4. Training —The User shall be responsible for adhering to FDLE mandated training certifications, including compliance with FCIC operator certification/re- certification mandates. 5. Integrity of CJI — The User shall be responsible for maintaining the integrity of Criminal Justice Information and Systems to ensure only authorized physical access; authorized logical access; only authorized transaction submission; and proper handling and dissemination ofCJI. SECTION III ADDITIONAL SERVICES & REQUIREMENTS 1. FDLE provides additional CJI services to authorized Users on a requested basis. Participation in these services is voluntary, apart from access to other CJI Systems. By initialing next to the listing of the appropriate service below, the User acknowledges intent to access and use these services, and to adhere to the provisions for the service(s) detailed in the FDLE CJIS User Agreement Requirements Document found here, Requirements Document. N-DEx (via FDLE CJIS) Red Light Camera Program License Plate Reader Program Critical Infrastructure Program Registered Livescan Submitter Microsoft Cloud Computing Lead Azure Office 365 Dynamics August 2019, Ver. 2.1 YES NO 1Z1 0 IZI o Gil ❑ Initial '- 0 m Initial ..N... m 0 Initial �-- Initial CSO Initial Initial P' CSO Initial f - CSO Initial - CSO Initial CSO Initial Agency Agreement with m 0 Initial m 0 Initial ' m 0 Initial 3r Page 4 of 9 FDLE CSO Initial ,,,,,(4- CSO Initial ,•4114- CSO Initial , FDLE Criminal Justice User Agreement 2 As lead agency for Microsoft cloud computing services, FDLE agrees to maintain a list of vendor employees who have been successfully vetted, completed the appropriate level of security awareness training, and signed the security addendum certification page thereby fulfilling the background check obligations for unescorted logical or physical access to unencrypted CJI. Users participating in this service shall execute appropriate agreements with third party vendors or directly with Microsoft which shall specify responsibility for meeting security requirements. Ultimately, the responsibility for compliance remains with the User. a The CSP requires criminal justice agency oversight of contracts between the criminal justice agency and a noncriminal justice governmental entity or private vendor contracted to perform services for the administration of criminal justice as authorized in Title 28 CFR Part 20 Section 20.33. A criminal justice agency performing this oversight function is required to complete certain duties. By initialing and dating adjacent to the name of the entity performing these services for a noncriminal justice agency or private vendor, as applicable, the User acknowledges its role in performing oversight for the entity, and adherence to the provisions detailed in the Requirements Document. Entity Name Noncriminal justice ORI N/A X Initial 4. The User is required to appoint CJIS Agency Coordinator (CAC) to act as the central point of contact regarding all communications between FDLE CJIS and the User. The CAC shall have User authority to ensure that all agency identified personnel, including those with decision making authority, are made aware and able to participate in all FDLE CJIS discussions that may lead to User business and policy changes. The CAC shall have the authority to appoint other User personnel to serve in other designated CJIS positions and sign the agency contact form. CJIS Agency Coordinator (CAC) Name Loretta Gabe -Charles Email lgabecharles@mdpd.com Phone (305) 471-2070 Cell Phone (786) 351-7681 Page 5 of 9 August 2019, Ver. 2.1 FDLE Criminal Justice User Agreement SECTION IV MISCELLANEOUS REQUIREMENTS 1. Legal and Policy Requirements - FDLE has received funding from the United States Department of Justice and is subject to and must demand intrastate users of its criminal history record services be bound by and adhere to the Legal and Policy Requirements which this agreement incorporates. 2 Penalties and Liabilities - Any non-compliance with the terms of this Agreement concerning the use and dissemination of criminal history information may subject the User's officers or employees to a fine not to exceed $11,000 as provided for in the Code of Federal Regulations, Title 28, Section 20.25, and/or discontinuance of service. Moreover, certain offenses against system security and the information contained therein are crimes under Florida Statutes and can result in criminal prosecution. a Termination - Either party may terminate this Agreement, with or without cause, upon providing advanced written notice of 45 days. Termination for cause includes, but is not limited to, any change in the law that affects either party's ability to substantially perform as provided in this Agreement. Should the aforementioned circumstances arise, either party may terminate or ask to modify the Agreement accordingly. 4. Termination of Services - FDLE reserves the right to terminate service, without notice, upon presentation of reasonable and credible evidence that the User is violating this Agreement or any pertinent federal or state law, policy, regulation or rule. NOTICE MANDATED BY SECTION 943.0525, F.S: Failure to comply with laws, rules, and the user agreement shall constitute grounds for immediate termination of services. 5. Modifications - Modifications to the provisions in this Agreement shall be valid only through execution of a formal written amendment. 6. Accountability - To the extent provided by the laws of Florida, and without waiving any defenses or immunities to which the User may be entitled, the User agrees to be responsible for the acts or omissions of its personnel arising out of or involving any information contained in, received from, or entered into or through CJI Systems. 7. Acknowledgement of Duties and Responsibilities - The User hereby acknowledges the duties and responsibilities as set out in this Agreement. The User acknowledges that these duties and responsibilities have been developed and approved by FDLE to ensure the reliability, confidentiality, completeness, and accuracy of all records contained in or obtained by means of CJI Systems. The User further acknowledges that failure to comply with these Page 6 of 9 August 2019, Ver. 2.1 FDLE Criminal Justice User Agreement duties and responsibilities may subject its access to various sanctions as approved by the FBI Criminal Justice Information Services Advisory Policy Board. These sanctions may include termination of NCIC services to the User. The User may appeal these sanctions through the CSA. 8. Term of Agreement - Unless terminated sooner under Section IV. 3. or 4. above, this Agreement will remain in force until it is determined by FDLE that a new agreement is required. The User should initiate the execution of a new agreement when a change of agency chief executive or official occurs. Page 7 of 9 August 2019, Ver. 2.1 FDLE Criminal Justice User Agreement IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed by the proper officers and officials. NAME OF THE USER AGENCY Miami -Dade Police Department USER CRIMINAL JUSTICE CHIEF EXECUTIVE or OFFICIAL Director TITLE Alfredo Ramirez III (PLEASE PRINT) alfredo rarnirra 2O 14:32 EDT) (SIGNATURE) DATE May 28, 2020 ADDITIONAL SIGNATORY AUTHORITY (User Option) Deputy Mayor TITLE Maurice L. Kemp (PLEASE PRINT) (SIGNATURE) DATE May 29, 2020 FLORIDA DEPARTMENT OF LAW ENFORCEMENT BY Charles I. Schaeffer TITLE FBI CJIS Sygtems Officer (PLEASE PRINT) (CSQ! for the State of Florida (SIGNATURE) DATE May 29, 2020 Page 8 of 9 August 2019, Ver. 2.1 FDLE Criminal Justice User Agreement 1D&T Review 717:4Y Signature. LO`eet? Gabe-Cha ed Loretta Gabe Charles (May 28, 2020 10:52 EDT) Email: lgabechartes@mdpd.com Signature' S V61t Step anI Vert (May 29, 202010:12 EDT) Email: stephanievert@fdle.state.fl.us Page 9 of 9 August 2019, Ver. 2.1 Signature: Wor— Stephanie Vert (May28, 202011:00 EDT) Email: StephanieVert@fdle,state.fLus