HomeMy Public PortalAbout11-8175 MOU MD Police Department Sponsored by: City Manager
Resolution No. 11-8175
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO APPROVE THE
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE CITY OF OPA-LOCKA POLICE
DEPARTMENT AND THE MIAMI-DADE POLICE
DEPARTMENT (MDPD) AND PARTICIPATING LAW
ENFORCEMENT AGENCY (PLEA) FOR PHOTO
IMAGING SYSTEMS (PI) ACCESS; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Photo Imaging System (PI) is a web based system allowing law
enforcement agencies in Miami-Dade County access to information via the web through
secured agency intranet, including booking photos; and
WHEREAS, database from different areas of the country will be added in the
future and Participating Law Enforcement Agency (PLEA) will be considered to be part of
the Photo Imaging Miami-Dade Police Department Enterprise Network; and
WHEREAS, the Miami-Dade Police Department (MDPD) and Participating Law
Enforcement Agency (PLEA) Photo Imaging Systems (PI) Access will assist law
enforcement agencies in investigative searches and statistical information gathering; and
WHEREAS, the City of Opa-locka City Commission desires to enter into a
Memorandum of Understanding with Miami-Dade Police Department (MDPD) and
Participating Law Enforcement Agency (PLEA) for Photo Imaging Systems (PI) Access.
NOW,THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 11-8175
Section 2. The City Commission of the City of Opa-locka, Florida, hereby
agrees that the City of Opa-locka Police Department will join in the Memorandum of
Understanding (MOU) with the Miami-Dade Police Department (MDPD) and
Participating Law Enforcement Agency (PLEA) for Photo Imaging Systems (PI) Access,
in substantially the form attached hereto as Exhibit "A", and authorizes the City Manager
to execute all necessary documentation which may be required.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 12th DAY OF January, 2011.
/ YR./AYLOR
AYOR
7
Attest to:
, C
elorah . Irby
City Clerk
Approved as to form and legal sufficiency:
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Jos, a' . f . er
C Atto, ey
Moved by: Commissioner Holmes
Seconded by: Vice Mayor Johnson
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
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1 ' ;At`'
MEMORANDUM OF UNDERSTANDING (MOU)
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BETWEEN
MIAMI DADE POLICE DEPARTMENT(MDPD)
AND
PARTICIPATING LAW ENFORCEMENT AGENCY (PLEA)
FOR PHOTO IMAGING SYSTEM (P1) ACCESS
I. ACCESS PROCESS:
A law enforcement agency wanting access to The Photo Imaging System (PI) will be
required to complete the Agency Access Request Form (AARF) prior to this MOU
taking effect. No agency will be allowed to participate without complying with the
minimum requirements set forth in the AARF.
The AARF is to be completed and signed by the Participating Law Enforcement
Agency's (PLEA) Police Chief. This will inform the agency of the necessary and
correct network line bandwidth needed, if not currently in place.
The PLEA will be required to appoint a Technical Liaison or Designee to act as a
contact person responsible for Network Connection to MDPD and all other technical
issues. The Technical Liaison or Designee will be responsible to report, receive,
troubleshoot, and resolve any computer or network related issues with MDPD.
When completed, the AARF should be returned to the current MDPD Photo Imaging
Project Manager, via e-mail. Currently the Photo Imaging Project Manager can be
located at PI.SUPPORT(a7mdpd.com. This is subject to change at which time the new
project manager e-mail address will be announced.
II. GENERAL PROVISION: •
The purpose of this Memorandum of Understanding (MOU) is to establish the terms
and conditions for accessing the MDPD computerized Photo imaging System (PI).
The PI and related components consist of booking photographs, along with personal
property and related arrest data of arrested individuals (adults/juveniles) that have
been processed by the Miami-Dade Corrections and Rehabilitation Department
(MDCRD), and the Juvenile Assessment Center (JAC). The booking records are
processed in a real-time mode and are available in the PI. The PI is a web based
system allowing law enforcement agencies in Miami-Dade County to have access to
the application via the web through secured agency intranet access. The databases
currently available are:
• Miami-Dade adult arrest records,
• Miami-Dade juvenile: arrest records,
• Miami-Dade Police Department Forensic Drawings: Composite,
Age Progression, Re-Constructive Face, Postmortem,
• Gang Information,
• Burglary and Auto Theft (BAT).
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Attachment 3
There are future plans to add other databases from different areas of the country,
specifically the northeastern United States and other Florida locations. These
additional databases will also be made available through the PI to participating
agencies within Miami-Dade County. Consequently, new terms and conditions may be
required. The PLEA will be informed of all new terms and conditions. Amendments to
the current MOU may be necessary. The PLEA will be given the opportunity to review
any and all changes and will be given the option of terminating their involvement or
continuing their participation.
PLEA will be considered to be part of the Photo Imaging MDPD Enterprise Network
(MDPDEN) and shall be referred to as PLEA.
III.AGREEMENT TERMS AND CONDITIONS:
The PLEA agrees to abide by the term and conditions set forth in this MOU,
specifically, but not limited to, any and all technological requirements, financial
responsibilities, personnel requirements, security guidelines, and procedural
guidelines. Any security or communication breach will be considered a breach of this
agreement and will allow the MDPD in its sole discretion to immediately terminate
and/or suspend the participating agencies usage of the PI and or that of the violating
party.
The following activities are specifically prohibited under this agreement
pursuant to MDPD's security policy which could result in MDPD immediately
suspending or revoking the user's access or the entire PLEA's right to access
the application (PI).
• Interfering with, tampering with, or disrupting resources of the PI
network or its PLEA;
• Intentionally transmitting any computer viruses, worms, or other
malicious software;
• Attempting to access, accessing, or exploiting unauthorized
resources;
• Knowingly enabling inappropriate levels of access or exploitation
of resources by others;
• Downloading sensitive or confidential electronic information/data
to computers that are not adequately configured to protect such
information/data from unauthorized access;
• Disclosing any unauthorized electronic information/data.
• Violating Agency, Commonwealth, or federal laws, regulations,
policies and/or procedures.
• Failing to cooperate with officials during an investigation of the
misuse of the PI.
• . PLEAS are prohibited from electronically sharing any arrest
photographs or related arrest data with any non-law
enforcement agency or any private entity or individual via
network connection or any other access.
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Attachment 3
IV. HOLD HARMLESS:
All of the materials in these databases are subject to Florida public records laws
pursuant to Florida Statutes Chapter 119, Public Records. No agency having access
to these records should release any information pursuant to a public records request
without first notifying the MDPD Administrative and Technology Division. This will be
done in order to insure exempt information is not disseminated to the public that may
compromise active police investigations, for example.
This information is strictly for law enforcement use and must not be shared. If this
information is shared, used, or in anyway disseminated by any employee of the PLEA,
without the expressed consent of the MDPD, MDPD reserves the right to immediately
terminate this agreement without notice.
Each entity shall bear the liability arising from acts undertaken by its personnel
pursuant to the terms and conditions of this MOU. In no event shall a PLEA or political
subdivision be liable for suit or claim for damages resulting from the acts of another
PLEA.
All tort liability regarding Miami-Dade County and its employees and agents shall be
determined in accordance with the provisions of Florida Statute Section 768.28.
V. CONNECTIVITY REQUIREMENT:
The PLEA is responsible for obtaining and funding a secured high speed connection
(DSL, Cable ... etc). In order to establish a network connection to MDPD, the PLEA
must connect via NetMotion, Secure Socket Layer Virtual Private Network (VPN), or a
direct Metro-Ethernet line which will be paid for solely by the PLEA for the initial
connection and line charges as well as on a yearly recurring basis. Furthermore, the
PLEA will be responsible for all cost associated with the termination of any contract
entered into, if the service is no longer needed. If using a Metro-Ethernet Line, the
user must have 128 bit encryption on the line by using a VPN. All communications
access to the specific applications or systems will be controlled with firewalls and the
use of antivirus software. The PLEA may utilize any of the following carriers to secure
the connection:
• Cingular Wireless which is currently being used by MDPD;
• Any cellular carrier authorized in the State of Florida; or
• Bellsouth Business.
Please note that dial up access via the Internet as an access protocol method
will not be accepted due to Insufficient performance and security issues.
VI. SUPPORT:
In the event the PLEA encounters a technical problem(s) using the PI, the participating
agency agrees to provide the first line of support for its users through their Technical
Liaison or Designee first. The PLEA will try to determine where the problem lies and
take appropriate action. When the network problem lies inside of the PLEA's
demarcation line, (network connection to ATT, etc), they will be responsible for
addressing their own network problem. If the network problem is related to the AFIS
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Attachment 3
(fingerprints) network connection, the Technical Liaison or Designee will contact the
MDPD's Shift Commander at 305-596-8176 and request assistance from the on-call
MDPD technical support personnel. The Technical Liaison or Designee will
identifying the PLEA, provide their contact information, and report the network
connection problem. If the PI is being non-responsive, please send an email with
detailed information to the current MDPD Photo Imaging Project Manager,
PI.SUPPORTemdpd.com. If the MDPD network or PI is going to be down for
scheduled maintenance or some other system problem, an email will be send to the
PLEA's Technical Liaison or Designee by the MDPD administrator of the Photo
Imagining System.
VII. TRAINING:
Some initial training and online user manuals will be provided to the PLEA's Technical
Liaison or Designee. The Technical Liaison or Designee will then be responsible
to fully train all of the PLEA's users. The MDPD holds annual PI training at the MDPD
Headquarters building. An email notification will be sent starting approximately a
month prior to the training along with information of the times and location. Applicants
will be selected on a first come first serve basis and all users are invited to attend.
Requests will be taken via e-mail sent to PI.SUPPORTemdpd.com, and approved by
MDPD. If additional training is required, please contact the System Administrator for
assistance at PI.SUPPORTemdpd.com.
It is very important that training be made available to users, specifically of the "facial
recognition" component of Pi. Although the facial recognition process is relatively
simple, there are key points that must be understood for the user to have the greatest
possibility for success when using this component.
VIII. THE PHOTO IMAGING SYSTEM (PI):
The PI shall be used, at all times, by the PLEA in a manner consistent with its intended
function as described herein.
This application provides the PLEA access to adult and juvenile arrest images, data for
arrestees booked via the Miami-Dade Corrections and Rehabilitation Department
(MDCRD), Pre-Trial Detention Center (PTDC), MDCRD Turner Guilford Knight (TGK)
Correctional Center, and the Miami-Dade Juvenile Assessment Center (JAC). The
images and data are stored in the MDPD Photo Imaging server database and will
allow law enforcement personnel to perform investigative searches, create photo line-
ups, search electronic mug-books, create BOLO announcements, perform facial
recognition searches, and access composite drawings. The PLEA will be
granted software licenses for an unlimited number of users within the Miami-Dade
County geographical boundaries for the following two products:
■ Dataworks Plus (DWP): Web Retrieve Software
This software will allow searches on multiple databases by any of the fields
visible on the screen, it will allow creation of lineups, lineups in witness
mode, creation of BOLO, perform Facial Recognition on a JPEG image,
produce adhoc (listing) reports.
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Attachment 3
• Dataworks Plus, Web Palm Software (PDA usage)
The PDA software will allow retrieval of any record from available
databases. The insertion of records/images however via PDA will require a
license (with associated costs) and access to a specific user database.
Please note: The application is being provided with current retrieval
functionality without any licensing charge to the user agency. If a specific
report or additional functionality to the application is requested beyond what
is being offered, there might be a cost associated with the request. The cost
will be based per existing contract cost with DWP and Miami-Dade County
at a rate of 140.00 dollars per hour. The result of the request could then be
considered a shared item with the rest of all users (Law Enforcement
agencies)within Miami-Dade County.
The use of this system will help the day to day operation of the PLEA and will allow the
MDPD to facilitate a long term plan for providing this service to other municipal police
agencies within Miami-Dade County. The MDPD will continue to work with the PLEA
to ensure the maintenance and expansion of the various systems.
The PLEA will ensure that each authorized user has a unique "User ID" and password
to access the application. Under no circumstances shall this "User ID" and password
be shared with any other individual.
The notification to destroy any picture/data regarding a printed inmate record from the
PI that has been lawfully expunged will be based on appropriate Court Orders. The
user will be sent a notification to destroy the image/data via email as required by
Florida State Statues 943.0585.
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Attachment 3
IX. EFFECTIVE AND TERMINATION DATE:
This MOU becomes effective upon signature of both parties and will remain in full force
and effect until rescinded by either party in writing. This MOU may be terminated by
either party, with or without cause, by giving 30 day advanced written notice to the
other party. Said notice shall be sufficient if it is delivered to the party personally,
mailed by certified mail, or sent by facsimile.
IN WITNESS THEREOF, the subscribing officials are authorized to acknowledge and
execute this Memorandum of Understanding on behalf of their agency.
MIAMI-DADE POLICE DEPARTMENT
Director
DATE
PARTICIPATING LAW ENFORCEMENT AGENCY(PLEA)
Agency Name
Police Chief
DATE
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Delivering Excellence Every Day
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