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HomeMy Public PortalAbout11-8177 MOU FDLE Sponsored by: City Manager Resolution No. 11-8177 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO APPROVE THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE) AND THE CITY OF OPA- LOCKA POLICE DEPARTMENT FOR THE IMPLEMENTATION OF THE REGIONAL LAW ENFORCEMENT EXCHANGE SYSTEM (R-LEX); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Regional Law Enforcement Exchange System (R-LEX) are the regions of Tallahassee, Ft Myers, and Miami, along with state node participating in the joint procurement process to share law enforcement data; and WHEREAS, the three (3) regions, and the state node entered into an agreement funded by the United State Department of Homeland Security; and WHEREAS, the City of Opa-locka Police Department elects to participate in the region information sharing project by signing and agreeing to the R-LEX MOU with the Florida Department of Law Enforcement (FDLE); and WHEREAS, the Regional Law Enforcement Exchange System (R-LEX) is funded primarily through the federal Homeland Security Grant Program, and funding has been obtained or applied for in amounts sufficient to cover initial implementation for the R-LEX system; and WHEREAS, the implementation of this partnership between the City Opa-locka Police Department and the Florida Department of Law Enforcement (FDLE) will assist in a cooperative partnership of support and operation of law enforcement agencies to provide records and other data from certain data systems to contributing agencies and parties of this MOU. Resolution No. 11-8177 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. 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 Florida Department of Law Enforcement (FDLE) for the implementation of the Regional Law Enforcement Exchange System (R-LEX), 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. ( I MY' ' TAYLOR MAYOR Attest to'':' / ,,f , off,- S. Irby City Clerk Approved as to f•r and legal sufficiency: il 4c,p c 1 , il 0 , � �,.i ow — - - Jos- 7 . G er Ci • tto `•y 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 3027025 v l MEMORANDUM OF UNDERSTANDING v. 1.0 BETWEEN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT (FDLE) ♦Mt AND THE CITY OF OPA-LOCKA FOR THE IMPLEMENTATION OF THE REGIONAL LAW ENFORCEMENT EXCHANGE SYSTEM (R-LEX) Regional Law Enforcement Exchange Memorandum of Understanding BACKGROUND/PURPOSE Recognizing a need for more efficient statewide law enforcement data sharing, a group of representatives from state and local law enforcement agencies were empanelled to create the Florida Information Sharing Workgroup. The workgroup eventually created and published Florida's Criminal Information Sharing Strategy containing a number of recommendations. Chief among them was the regional concept of information sharing, calling upon each Regional Domestic Security Task Force (RDSTF) region to have an information sharing project. The regional projects could then later be "linked" together to form a statewide mechanism for sharing law enforcement data. In lieu of purchasing separate systems, the Tallahassee, Ft. Myers, and Miami regions, along with the state node (consisting of statewide law enforcement agencies) agreed to participate in a joint procurement process for a Regional Law Enforcement Exchange (R- LEX) system. In addition to the expected initial cost savings, a joint solution may also provide reduced costs for maintenance, support, and training. Users will also benefit in having a consistent user interface and analytical capabilities. Representatives from each of the three regions and the state node have participated in an extensive solution design and procurement process. Utilizing funding provided by the United States Department of Homeland Security, an agreement, referred to herein as the R-LEX Agreement, has been entered into between the three regions, state node, and Knowledge Computing Corporation (KCC) for the acquisition and implementation of the R-LEX system. The R-LEX project will allow participating agencies to provide data (principally records management and jail management systems) to a secure "warehouse" where other participating agencies will have the ability to query the data. KCC's COPLINK product provides a user interface that includes detailed query and analytical capabilities that will allow for effective manipulation of the vast quantity of data. The purpose of this MOU is to formally set forth the terms and conditions for participating in the R-LEX project, including the ownership and control of the information within the system. As used herein, references to the R-LEX Agreement shall include any subsequent amendments to that Agreement. It is intended to supplement but not supersede the previously-signed R-LEX Procurement MOU. II. PARTIES A. The parties to this MOU are the Florida Department of Law Enforcement and the City of Opa-locka. B. Other law enforcement agencies within the Tallahassee, Ft. Myers, and Miami Regions, along with the state node, may choose to participate in R-LEX by signing and agreeing to this R-LEX MOU with the Florida Department of Law Enforcement. Such agencies, upon becoming a party to the MOU, shall have the same rights, privileges, obligations, and responsibilities as all other parties, consistent with and as determined by the agency's use of the system. C. Law enforcement agencies in other Regions, and federal law enforcement agencies, may participate in the R-LEX system with the majority approval of the Executive Steering Committee (ESC) members and upon signing and agreeing to this MOU. (The structure of the ESC is defined in Section IX—Governance, below.) R-LEX MOU Page 1 of 8 1/26/2010 Regional Law Enforcement Exchange Memorandum of Understanding V. RESPONSIBILITIES OF CONTRIBUTORS OF INFORMATION A. Each Agency retains sole ownership of and sole responsibility for the information it contributes, and may at will at any time update, correct, or delete any of its information contained in R-LEX. All system entries will be clearly marked to identify the contributing Agency. B. Each Agency will be responsible for ensuring sealed or expunged records are updated as such within the R-LEX system. The action will occur as an automated process, but can be performed manually by the vendor should the automated process fail. C. The contributing Agency has the sole responsibility and accountability for ensuring that no information entered into R-LEX was obtained in violation of any Federal, State, or local law applicable to the contributor and for ensuring compliance with all laws, regulations, policies, and procedures applicable to the Agency's entry and sharing of information into R-LEX, to include, but not limited to, firearm ownership data prohibited from being compiled by Section 790.335, Florida Statutes. D. In an effort to maintain system discipline, contributing Agencies shall submit data, including any updates or changes to the original submission, on at least a monthly basis. Updates and changes are encouraged as often as the contributing Agency can feasibly execute them. E. R-LEX includes an audit capability that will log user activity. Each Agency will designate a point of contact who shall have access to that member Agency's portion of the audit log. Internal requests for copies of the audit log may be forwarded to each member Agency for direct response to that member Agency's portion of the audit log. VI. ACCESS TO INFORMATION A. Each Agency may restrict any investigative information that is deemed necessary for confidentiality or security purposes, understanding that costs related to out-of-scope (see Section 2.2, Project Scope of the SOW) restrictions or modifications will be the responsibility of the requesting agency. B. Newly discovered links, matches, relationships, interpretations, etc., located in the analysis of R-LEX information may be relevant and appropriate for preservation as independent records. It will be the responsibility of the accessing Agency to incorporate such information as records of the accessing Agency in the Agency's own official records system(s) in accordance with that Agency's records management processes. An Agency that desires to incorporate in its own separate records information contributed by another Agency, including any analytical products based on another Agency's information, must first determine the current status of that information from the entering Agency, and advise the entering Agency of its intent to use the data. C. An Agency member may not access R-LEX unless he or she has a legitimate, official need to know for an authorized criminal justice purpose. R-LEX MOU Page 3 of 8 1/26/2010 Regional Law Enforcement Exchange Memorandum of Understanding IX. PROPERTY A. Equipment purchased to support the technical architecture of this consolidated effort and installed in the secure datacenter of the FDLE Headquarters will become the property of FDLE, and will be held for the use and benefit of the participating Agencies. B. I-box equipment purchased and installed at a participating Agency site to support this effort will become the property of that Agency. C. Each Agency accessing R-LEX for query purposes shall provide its own computers for its designated employees to use and access R-LEX. Configuration of the computer equipment owned by the accessing Agency shall be the responsibility of that Agency. X. COSTS A. As detailed in the R-LEX Agreement, federal grant funding has been obtained or applied for in amounts sufficient to cover initial implementation of the R-LEX system. B. Each Agency will use a vendor provided interface box (I-Box) to extract and copy data to the R-LEX system. The cost, maintenance, and warranty replacement of each I-Box is provided for the first five (5) years of the R-LEX Agreement. Funding for the I-Box will be requested, but cannot be guaranteed beyond the term of the R- LEX Agreement. C. After the first year following implementation and the expiration of any applicable warranties, ongoing costs will be typical software/system maintenance costs. Efforts will be made to secure future federal grant funding to meet these costs; however such funding is not guaranteed. If future grant funding cannot be secured, the Executive Steering Committee (ESC) will seek other funding alternatives. The parties acknowledge that there is no intimation, promise, or guarantee that funds will be available in future years. D. During initial data configuration, mapping, uploading, testing and hardware and software installation, a participating Agency is required to provide, at its cost, personnel familiar with the agency databases, networks, and computer systems. Each Agency will also be required to provide, at its cost, internal resources to administer system access and coordinate training. E. Agency-specific operational costs such as internet connectivity fees or hardware to access the CJ-Net are not covered by grant funds. F. Each Agency is responsible for notifying FDLE (see contact below) at least sixty (60) days prior to performing any upgrade or replacement of any system feeding data to R-LEX. The R-LEX Agreement provides for twenty (20) hours of effort, annually, per data source to update existing data mappings as required by modifications in or to the underlying data source (i.e., version changes or customizations). This is likely to cover the updates required when performing minor upgrades to the R-LEX mappings, but major upgrades may exceed this cost and will be the responsibility of the Agency. KCC will provide a written estimate that should be taken into account as part of the overall cost of the upgrade or replacement. R-LEX MOU Page 5 of 8 1/26/2010 Regional Law Enforcement Exchange Memorandum of Understanding access to and use of the participating Agencies' data, or is otherwise in breach of this MOU. F. All information contributed or accessible to R-LEX by a terminating or terminated Agency will be deleted or rendered inaccessible by the Agency from R-LEX. G. All rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure and use of all information received during an Agency's participation in this MOU shall survive any termination of that Agency's participation in R-LEX. H. Each Agency terminating or having its participation in R-LEX terminated will be responsible for the $3,000 fee incurred in the removal of said Agency's data contributed to R-LEX. XIV. AMENDMENTS A. This MOU may be modified upon the mutual written consent of the participating Agencies. However, the participating Agencies may, without the need of formal MOU modification, cooperatively address and resolve administrative, technical, and operational details relating to this MOU, provided that any such resolution: does not conflict with the spirit, intent, or provisions of this MOU; could not reasonably be viewed as particularly sensitive, controversial, or objectionable by one or more parties; and is sufficiently memorialized to meet the business purposes of R-LEX governance (including adequately informing current and future parties). XV. NOTICE AND CONTACT A. All notices provided under or pursuant to this MOU shall be in writing, delivered either by hand-delivery, or first class, certified mail, return receipt requested, to the representatives identified below at the addresses set forth below. B. The name and address of FDLE's representative responsible for the administration of this MOU is: Name: John Booth,Assistant General Counsel Address: Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, FL 32308 C. The name and address of the representative of the participating Agency responsible for the administration of this MOU is: Name: Captain Marcos D. Gonzalez Address: Opa-locka Police Department 2495 Ali-Baba Avenue Opa-locka, Florida 33054 R-LEX MOU Page 7 of 8 1/26/2010 Regional Law Enforcement Exchange Memorandum of Understanding XVI. SIGNATORY PAGE 2 FOR THE AGENCY: Signature: CV , Date: Name: Clarance Patterson Title: City Manager Agency: City of Opa-locka Approved as to Form and Legal Sufficiency: Attest: 7 ! . ,'t 1 ' 1 _._ ., J(,-`-09 S Z eller, City A�_orney Deborah S. Irby, ity Clerk R-LEX MOU Page 9 of 8 1/26/2010