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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: ,ilk.. !, /% A 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 3029053 vl 1 ' ;At`' MEMORANDUM OF UNDERSTANDING (MOU) ;;;,tom 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). Page 1 of 7 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. Page 2 of 7 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 Page 3 of 7 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. Page 4 of 7 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. Page5of7 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 ccow r ou►rrr Delivering Excellence Every Day Page 6 of 7 Attachment 3