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HomeMy WebLinkAboutDocumentation_Regular Council_Tab 04_06/13/2019Agenda Item #4. Regular Council STAFF MEMO la Meeting: Regular Council - Jun 13 2019 Staff Contact: Gus Medina Department: Police From Interagency Agreement between the PBC State Attorney's Office and Tequesta Police Department This Agreement is requesting that all information exchanged between the Tequesta Police Department and the State Attorney's Office be protected through proper interfaces and guidelines to protect Criminal Justice Information. img05212019 0001 Teguesta - Interagency Agreement Page 35 of 94 Agenda Item #4. Memorandum To: Honorable Mayor and Village Council Thru: James M. Weinand, Acting Village Manager From: Gus Medina, Chief of Polic Date: May 21, 2019 Subject: Interagency A_qreement between the PBC State Attorney's Office and Teguesta Police Departmen This Agreement is requesting that all information exchanged between the Tequesta Police Department and the State Attorney's Office be protected through proper interfaces and guidelines to protect Criminal Justice Information. On behalf of the Village Manager and staff, this agenda item is submitted for your review and consideration. Your approval will authorize the Village Manager to execute any agreements and authorize the purchase of this item. Page 36 of 94 Agenda Item #4. INTERAGENCY AGREEMENT BEWTEEN PALM BEACH COUNTY STATE ATTORNEY'S OFFICE AND TEQUESTA POLICE DEPARTMENT FOR CREMNIAL JUSTICE INFORMATION EXCHANGE AND USE WITNESSETH WHEREAS, The PALM BEACH COUNTY STATE ATTORNEY'S OFFICE hereafter referred to as SAO, and the TEQUESTA POLICE DEPARMENT hereafter referred to as TEQUESTA, are criminal justice agencies, formally recognized by the Federal Bureau -of Investigations. (FBI) and the Florida Department of Law Enforcement (FDLE); and WHEREAS, The SAO and TEQUESTA maintains an electronic records management system (RMS) for the creation and storage of offense reports, hereafter referred to as Criminal Justice Information (CJI); and V*`HEREAS, The SAO wishes to routinely receive TEQUESTA CJI for the administration of criminal justice AND The TEQUESTA wishes to routinely receive SAO CH for the administration of criminal justice AND; NOW THEREFORE, The parties agree as follows, I . The SAO shall receive files containing offense reports and related records from the TEQUESTA via a Secure File Transfer Protocol (SFTP) site and TEQUESTA shall receive files containing offense reports and related records from the SAO via a SFTP site. 2. The SAO and TEQUESTA will provide each agency with the records for criminal justice purposes at no cost to either agency. 3. The SAO and TEQUESTA agrees to abide by all applicable local, state, and federal laws, rules and regulations, with regards to the use of said electronic systems. 4. The SAO and TEQUESTA agrees to abide by all the terms and conditions of the Criminal Justice User Agreement executed between the FDLE and the TEQUESTA, dated June 13, 2019, and between the FDLE and the SAO, dated January 15, 2013, a copy of which is attached to this Interagency Agreement, to include but not limited to the FBI CJIS Security Policy. 5. The S A 0 a n d T E Q U E S T A agree that t h e y shall make use of the records for authorized criminal justice purposes only. 6. The SAO will disseminate CH related information obtained from TEQUESTA only for criminal justice purposes. The TEQUESTA will disseminate CH related information obtained from SAO only for criminal justice purposes 7. The SAO will maintain any information obtained from the TEQUESTA and the TEQUESTA will maintain any information obtained for the SAO in a secure place, and will destroy records containing such information in compliance with all applicable federal and state laws. 8. All CJIS data transmitted over any public network segment must be encrypted as required by the FBI CJIS Security Policy. 9. To the extent provided by the laws of Florida, the SAO and TEQUESTA agrees to be responsible for Page 37 of 94 Agenda Item #4. the violations, negligent acts or omissions of its personnel arising out of or involving any information contained in, received from, entered into or through the receipt of the records. 10. The SAO and TEQUESTA must ensure all devices with connectivity to the CH employ virus protection software and such software shall be maintained in accordance with the software vendor's published updates; and will promptly and fully patch Windows and other software present on all such devices, after any necessary testing, upon such patches becoming available. 11. CH may only be accessed via computers or interface devices owned by the SAO or TEQUESTA or contracted entity. Personally owned devices shall not be authorized to access, process, store, or transmit CJ 1. Vendors under contract with the SAO or TEQUESTA may be allowed access provided all requirements of the FBI CHS Security Addendum are complied with and member security training is current as required by the FBI CJIS Security Policy. 12. All policies, procedures and operating instructions contained in the FBI CJIS Security Policy are hereby incorporated into and made a part of this agreement, except to the extent that they are inconsistent herewith or legally superseded by higher authority. 13. The S A 0 a n d T E Q U E S T A will have a written policy for discipline of personnel who access CH via the TEQUESTA or SAO records for purposes that are not authorized, disclose information to unauthorized individuals or in an unauthorized manner, or violate CKS rules, regulations or operating procedures and will provide a copy of that policy to the TEQUESTA or SAO for its records. 14. The SAO staff and TEQUESTA personnel shall submit instances of violations of subsection (10) to theproper point of contact within the SAO for follow-upAND The TEQUESTA staff and SAO personnel shall submit instances of violations of subsection (10) to the proper point of contact within the TEQUESTA for follow-up 15. The SAO and TEQUESTA will provide a point of contact to each other for the purpose of receiving and disseminating, as appropriate, information concerning unauthorized publication or release of CJI for follow-up and disciplinary action as appropriate. The SAO or TEQUESTA will conduct appropriate follow-up and will notify the SAO or TEQUESTA of the outcome of investigations related to violations of this agreement. 16. The SAO and TEQUESTA has an obligation to report instances of misuse to the FDLE for follow up of applicable investigation and applicable discipline in compliance with the FBI CJIS Security Policy. 17. The SAO and TEQUESTA reserves the right to deny CH or related records to any individual based on valid, articulable concerns for the security and integrity of CJIS and related programs/systems information. 18. The SAO or TEQUESTA may terminate this agreement immediately and without notice upon finding that the SAO or TEQUESTA has violated the terms of this agreement. This agreement constitutes the entire agreement of the parties and may not be modified as amended without written agreement executed by both parties. Page 38 of 94 Agenda Item #4. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper officers and officials. Dave Aronberg, State Attorney Date Chief Gustavo Medina Date Witness, SAO Date Witness, TEQUESTA Date Page 39 of 94