HomeMy WebLinkAboutAgreement_General_06/13/2019_SAOINTERAGENCY AGREEMENT BEWTEEN PALM BEACH COUNTY STATE
ATTORNEY'S OFFICE AND TEQUESTA POLICE DEPARTMENT FOR CRIMINIAL
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
WHEREAS, The SAO wishes to routinely receive TEQUESTA CJI for the administration of criminal
justice AND The TEQUESTA wishes to routinely receive SAO CJI for the administration of criminal
justice AND;
NOW THEREFORE, The parties agree as follows,
1. 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 'rEQUESTA 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 SAO and TEQUESTA agree that they shall make use of the records for authorized criminal
justice purposes only.
6. The SAO will disseminate CJI related information obtained from TEQUESTA only for criminal
justice purposes. The T E Q U E S T A will disseminate CJI related information obtained from S A 0 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
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 CJI 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 CJIS 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 CJI
via the TEQUESTA or SAO records for purposes that are not authorized, disclose information to
unauthorized individuals or in an unauthorized manner, or violate CJIS 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)
totheproper pointof contact within the SAO for follow-upAND TheTEQUESTA 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 CH 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 CHS Security
Policy.
17. The S A 0 a n d T E Q U E S TA 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.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by
the proper officers and officials.
Aronberg, State Attorney Date taco-FeEkft. Date
i�ni fY1Qx'4f-cr Win, woe ,%an 4
itness, SAO _ Date tel' /� Witness, TEQUESTA
Date
9
►NCS oA L
D
19