HomeMy WebLinkAboutDocumentation_Regular_Tab 06_9/12/2019Agenda Item #6.
Regular Council
STAFF MEMO
Meeting: Regular Council - Sep 12 2019
Staff Contact: Gus Medina, Police Chief Department: Police
Approve User Agreement Between the Palm Beach County Sheriffs Office and the Tequesta Police
Department for the Palm Beach Automated Law Enforcement Managements System (PALMS)
This is a User Agreement between the Palm Beach County Sheriff's Office (PBSO) and the Tequesta
Police Department. PBSO, who maintains and operates the Palm Beach Automated Law
Enforcement Managements System (PALMS), which is utilized by Tequesta Police Department, will
adhere to the regulations of PBSO, Florida Department of Law Enforcement, Criminal Justice User
Agreement (attached), and the Federal Bureau of Investigations. There are no costs for the services
provided by the PALMS program.
The agreement cannot be modified or amended without written agreement and executed by both
parties. The agreement is effective as of the last date all signatures below are affixed and shall be
valid thereafter until such time it is terminated.
to approve User Agreement Between the Palm Beach County Sheriffs Office and the Tequesta
Police Department for the Palm Beach Automated Law Enforcement Managements System
(PALMS);
img08202019 0001
Criminal Justice user Agreement between Palm Beach County Sheriffs Office and FDLE 2019
PALMS-FCIC-NCIC User Agrmt - TEQUESTA
CJIS and PBSO
Page 175 of 485
Agenda Item #6.
Memorandum
To: Honorable Mayor and Village Council
Thru: Jeremy Allen, Village Manager
From: Gus Medina, Chief of Police 6
Date: August 20, 2019
Subject: User Agreement for Palm Beach County Sherriff's Office Systems and the
Tequesta Police Department
This is apt User Agreement between the Palm Beach County Sheriff's Office (PBSO)
and the Tequesta Police Department. PBSO, who maintains and operates the Palm
Beach Automated Law Enforcement Managements System (PALMS), which is utilized
by Tequesta Police Department, will adhere to the regulations of PBSO, Florida
Department of Law Enforcement, Criminal Justice User Agreement (attached), and the
Federal Bureau of Investigations. There are no costs for the services provided by the
PALMS program.
The agreement cannot be modified or amended without written agreement and
executed by both parties. The agreement is effective as of the last date all signatures
below are affixed and shall be valid thereafter until such time as it is terminated.
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Agenda Item #6.
CRIMINAL JUSTICE USER AGREEMENT
This Agreement, is entered into between the Florida Department of Law Enforcement
(hereinafter referred to as "FDLE"), an agency of the State of Florida with headquarters
at 2331 Phillips Road, Tallahassee, Florida and the
Palm Beach County Sheriff's Office
with headquarters at
3228 Gun Club Road West Palm Beach, FL. 33406
with the primary ORI of: FL05000ad (hereinafter referred to as t he
"User").
Whereas, FDLE is authorized by Section 943.0544, Florida Statutes, to operate and
regulate the Florida Criminal Justice Network (hereinafter CJNet) as an infta-agency
information and data -sharing network for use by the state's criminal justice agencies;
Whereas, FDLE is authorized by Sections 943.05 and 943.051, Florida Statutes, to
establish and operate the Florida Crime Information Center (hereinafter FCIC) for the
exchange of information relating to crimes, criminals and criminal or suspected criminal
activity;
Whereas, FDLE participates in the National Crime Information Center (hereinafter
NCIC), a service of the United States Department of Justice, the Interstate
Identification Index (hereinafter III), the Federal Bureau of Investigation's (hereinafter
FBI) Law Enforcement Enterprise Portal (hereinafter LEEP), the FBI's National Data
Exchange (hereinafter N-DEx), FBI's Next Generation Identification (hereinafter NGI),
the FBI's National Incident Based Reporting System (hereinafter NIBRS), the FBI's
National Instant Criminal Background Check System (hereinafter NICS), and the
International Justice and Public Safety Network (hereinafter Nlets), and serves as
Florida's Criminal Justice Information Services (CJIS) Systems Agency (CSA) for the
transmission of Criminal Justice Information (CJI) to and from agencies in Florida and
agencies in the United States, U.S. Territories, Canada, and Interpol;
Whereas, FCIC, LEEP, NCIC, 111, N-DEx, NGI, NICS, NIBRS and Nlets are together (or
collectively) considered CJI Systems;
Whereas, the FDLE Criminal Justice Information Services Director is recognized as the
FBI CJIS Systems Officer (CSO) for the State of Florida, responsible for administering
and ensuring statewide compliance with the FBI CJIS Security Policy (CSP);
Whereas, the Florida CSO and FBI has recognized the User as a Criminal Justice
Agency by the issuance of a Criminal Justice ORI;
Whereas, the User is authorized access to CJI as a Criminal Justice Agency;
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Agenda Item #6.
Whereas, the User may require access to intrastate, interstate and national CJI
systems provided by FDLE in order to effectively discharge the administration of
criminal justice;
Whereas, FDLE facilitates local law enforcement and other criminal justice agencies'
requests to participate in the CJI services provided on CJNet, provided the User agrees
to abide by applicable federal and state laws; administrative code, and all policies,
procedures and regulations related to these systems; and further provided FDLE
retains full control over the management and operation of CJNet and FCIC;
Therefore, in consideration of the mutual benefits to be derived from this Agreement,
the FDLE and the User do hereby agree as follows:
This User Agreement, together with applicable portions of the CJIS Agency User
Agreement Requirements Document (Requirements Document) attached to and
made a part of this Agreement by reference, is designed for criminal justice agencies
within Florida that have either direct or indirect access to Criminal Justice Information
and Systems. Unless the context requires differentiation for clarity, the two
documents combined will be referred to as "the (or this) Agreement" If the User does
not perform a specific function, the provisions regarding that function with not apply to
the User.
The following "Legal and Policy Requirements" are incorporated by reference and
made part of this Agreement, and may be provided upon request:
1. Sections 943.045-943.056, FloridaStatutes
2. Chapter 11 C-4, Florida AdministrativeCode
3. 28 G.F.R. Part20
4. FBI CJIS Security Policy
5. FCIC Operations Manual
6. NCIC Operations Manual
7. FDLE CJIS Memoranda
8. FDLE Guidelines for CJIS Access
SECTION I
FDLE REQUIREMENTS
FDLE is duly authorized and agrees to ensure authorized access to the criminal justice
information services provided via CJI Systems and to:
1. Serve as the CSA for the State of Florida and provide the User with authorized
access to CJI as is available in the CJI Systems, and to serve as the means of
exchanging CJI between the User and other criminal justice agencies via CJI
Systems.
2 Provide the opportunity for CJIS certification/re-certification and CJIS
Security Awareness training.
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Agenda Item #6.
3 Provide the User with information concerning privacy and security requirements
imposed by state and federal policies, laws, rules and regulations. All referenced
policies, operating procedures, operating instructions, operating manuals and
technical memoranda may be found on the CJNet CJIS Resource Center web
page.
4 Act as the central state repository for Criminal History Record Information
(CHRI) provided identification, record keeping, and exchange of CHRI
services.
5 Facilitate access, using CJNet, to other CJI Systems that the User may be
authorized to access.
SECTION II
USER REQUIREMENTS
To ensure continued access as set forth above, the User agrees to comply with the
disposition reporting provisions of Section 943.052, F.S., the CJI dissemination
recordkeeping requirements in Section 943.055(1), F.S., and to implement and adhere
to all applicable provisions of the CJIS Security Policy including, but not limited to, the
following;
Record Quality — The User shall be responsible to establish appropriate and
reasonable quality assurance procedures, e.g., hit confirmation, audits for record
timeliness, and validation, must be in place to ensure that only complete, accurate,
and valid information is maintained in CJI Systems.
2. Security — The User shall be responsible for appropriate security measures as
applicable to physical security of areas identified as physically secure locations,
network communication lines; personnel security to include background screening
requirements; technical security to protect against unauthorized use; information
security to include III use, dissemination, and logging; and security of CHRI.
Additionally, the User must establish an information security structure that
establishes a Local Agency Security Officer (LASO) and complies with the CSP.
The User shall also be responsible for computer security incident reporting as
required by the CSP.
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Agenda Item #6.
FDLE Criminal Justice User Agreement
3. Audit — The User shall be responsible for complying with all audit requirements
for use of FDLE and FBI CJI Systems to include but not be limited to
FCIC/NCIC Record Audits, CSP Technical Audits, and N-DExAudits.
4. Training — The User shall be responsible for adhering to FDLE mandated
training certifications, including compliance with FCIC operator certification/re-
certification mandates.
5. Integrity of CJI — The User shall be responsible for maintaining the integrity of
Criminal Justice Information and Systems to ensure only authorized physical
access; authorized logical access; only authorized transaction submission; and
proper handling and dissemination ofCJI.
SECTION III
ADDITIONAL SERVICES & REQUIREMENTS
1. FDLE provides additional CJI services to authorized Users on a requested
basis. Participation in these services is voluntary, apart from access to other
CJI Systems_ 'By initialing next to the listing of the appropriate service below,
the User acknowledges intent to access and use these services, and to
adhere to the provisions for the service(s) detailed in the FDLE CJIS User
Agreement Requirements Document found on the CJNet.
YES L
N-DEx (via FDLE CJIS) ® Initial AML CSO Initial -
ANI-
Red Light Camera Program ® El Initial AML CSO Initial
A
License Plate reader Program ® Initial AML CSO Initial -
Critical Infrastructure Program ® Initial AML CSO Initial
Registered Livescan Submitter ® Initial A L CSO Initial
January 2019, Ver 2.0
Page 4 of 7
i
Page 180 of 485
Agenda Item #6.
FDLE Criminal Justice User Agreement
2 The CSP requires criminal justice agency oversight of contracts between the
criminal justice agency and a noncriminal justice governmental entity or private
vendor contracted to perform services for the administration of criminal justice
as authorized in Title 28 CFR Part 20 Section 20.33. A criminal justice agency
performing this oversight function is required to complete certain dugs. By
initialing and dating adjacent to the name of the entity performing these
services for a noncriminal justice agency or private vendor, as applicable, the
User acknowledges its role in performing oversight for the entity, and
adherence to the provisions detailed in the Requirements Document.
Entity Name
41tlZ-
Noncriminal justice OR] N/A x Initial AML
3 The User is required to appoint CJIS Agency Coordinator (CAC) to act as the
central point of contact regarding all communications between FDLE CJIS and
the User. The CAC shall have User authority to ensure that all agency
identified personnel, including those with decision making authority, are made
aware and able to participate in all FDLE CJIS discussions that may lead to
User business and policy changes. The CAC shall have the authority to
appoint other User personnel to serve in other designated CJIS positions and
sign the agency contact form.
CJIS Agency Coordinator (CAC)
Name Vera Butler Email butterv@pbso.org
Phone 561-688-3161 Cell Phone 561-723-6232
SECTION IV
MISCELLANEOUS REQUIREMENTS
1. Legal and Policy Requirements - FDLE has received funding from the United
States Department of Justice and is subject to and must demand intrastate
users of its criminal history record services be bound by and adhere to the
Legal and Policy Requirements which this agreement incorporates.
2 Penalties and Liabilities - Any non-compliance with the terms of this Agreement
concerning the use and dissemination of criminal history information may
subject the User's officers or employees to a fine not to exceed $11,000 as
provided for in the Code of Federal Regulations, Title 28, Section 20.25, and/or
discontinuance of service. Moreover, certain offenses against system security
and the information contained therein are crimes under Florida Statutes and
can result in criminal prosecution.
January 2019, Ver 2.0 Page 5 of 7
Page 181 of 485
Agenda Item #6.
FDLE Criminal Justice User Agreement
3. Termination - Either party may terminate this Agreement, with or without cause,
upon providing advanced written notice of 45 days. Termination for cause
includes, but is not limded to, any change in the law that affects either party's
ability to substantially perform as provided in this Agreement. Should the
aforementioned circumstances arise, either party may terminate or ask to
modify the Agreement accordingly.
4. Termination of Services - FDLE reserves the right to terminate service,
without notice, upon presentation of reasonable and credible evidence that
the User is violating this Agreement or any pertinent federal or state law,
policy, regulation or rule.
NOTICE MANDATED BY SECTION 943.0625, F.S:
Failure to comply with laws, rules, and the user agreement shall
constitute grounds for immediate termination of services.
5. Modifications - Modifications to the provisions in this Agreement shall be valid
only through execution of a formal written amendment.
6. Accountability - To the extent provided by the laws of Florida, and without
waiving any defenses or immunities to which the User may be entitled, the User
agrees to be responsible for the acts or omissions of its personnel arising out of
or involving any information contained in, received from, or entered into or
through CJI Systems.
7. Acknowledgement of Duties and Responsibilities - The User
hereby acknowledges the duties and responsibilities as set out in this
Agreement. The User acknowledges that these duties and responsibilities have
been developed and approved by FDLE to ensure the reliability, confidentiality,
completeness, and accuracy of all records contained in or obtained by means
of CJI Systems. The User further acknowledges that failure to comply with
these duties and responsibilities may subject its access to various sanctions as -
approved by the FBI Criminal Justice Information Services Advisory Policy
Board. These sanctions may include termination of NCIC services to the User.
The User may appeal these sanctions through the CSA.
a Term of Agreement - Unless terminated sooner under Section IV. 3. or 4.
above, this Agreement will remain in force until it is determined by FDLE that a
new agreement is required. The User should initiate the execution of a new
agreement when a change of agency chief executive or official occurs.
January 2019, Ver 2.0 Page 6 of 7
Page 182 of 485
Agenda Item #6.
FDLE Criminal Justice User Agreement
IN WITNESS HEREOF; the parties hereto have caused this Agreement to be
executed by the proper officers and officials.
NAME OF THE USER AGENCY Palm Beach County Sheriff's Office
USER CRIMINAL JUSTICE CHIEF EXECUTIVE or OFFICIAL
Andrea M Lueghausen TITLE Bureau Director
(PLEASE PRINT)
(SIGNATURE)
DATE Jul 31, 2919
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
BY Charles 1. Schaeffer TITLE FBI CJIS Systems Officer
(PLEASE PRINT) (csoi for the State of Florida
(SIGNATURE)
DATE Aug 91 2019
SM
1D&T Review SM
Signature: Vera s 07-A w19)
Email: butlerv@pbso.org
January 2019, Ver 2.0
Page 7 of 7
Signature: SusieMurphy 2
Email: susiemurphy@fdte.state.fl.us
Page 183 of 485
Agenda Item #6.
PBSO SYSTEMS USER AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 2019, by and between RIC L. BRADSHAW, SHERIFF
OF PALM BEACH COUNTY, FLORIDA, hereinafter referred to as "SHERIFF" and the
TEQUESTA POLICE DEPARTMENT, hereinafter referred to as "USER'.
WHEREAS, the SHERIFF and the USER, are criminal justice agencies, formally
recognized by the Federal Bureau of Investigation (FBI) and the Florida Department of Law
Enforcement (FDLE); and
WHEREAS, the SHERIFF maintains and operates the Palm Beach Automated Law
Enforcement Management System, hereinafter referred to as "PALMS", which contains
information relative to crimes, criminals, and criminal activity; and
WHEREAS, the SHERIFF has the benefit of access to the Florida Criminal Justice
network (CJNET), National Crime Information Center (NCIC), the Florida Crime
Information Center (FCIC), and the Interstate Identification Index (III) all hereafter referred
to as "FCIC", via network connectivity to the FDLE; and
WHEREAS, the USER wishes to access FCIC, and/or state/national criminal
justice information, and PALMS for the administration of criminal justice;
IT IS HEREBY AGREED that the SHERIFF will provide access to PALMS
and/or FCIC to the USER upon the following terms and conditions:
1. The USER shall be entitled to use, through agents and employees of the
SHERIFF, the computer system provided via the SHERIFF for the purpose of
gaining access to FCIC Information Systems, and/or access to criminal justice
information from FCIC, and the information compiled and stored in PALMS.
1
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Agenda Item #6.
2. The USER fully understands that the information compiled and stored in
PALMS and the FCIC Information Systems cannot always be verified by the
SHERIFF and is provided as information only to the USER by the SHERIFF.
3. The USER agrees to abide by all applicable local, state, and federal laws, rules
and regulations, as well as the FBI CJIS Security Policy and rules and
regulations of FCIC, with regards to the use of said computer systems.
4. The USER agreed to abide by the all the terms and conditions of the Criminal
Justice User Agreement executed between FDLE and the SHERIFF as of
August 9, 2019, and any amendments thereto, a copy of which is attached to
this User Agreement.
5. The USER agrees that it shall make use of the information technology systems
only for the administration of criminal justice.
6. The parties acknowledge that there are currently no costs or fees payable to the
SHERIFF for access to the PALMS, NCIC and FCIC Systems. In the event
that USER has any internal costs associated with its own equipment, then the
USER is responsible for any and all such costs to access PALMS, NCIC and
FCIC systems. If there are any costs for transactions provided by the
SHERIFF or for accessing certain information, the SHERIFF shall provide
thirty (30) days written notice to USER and the costs shall be set forth in an
amendment to this Agreement.
7. To the extent allowed by Florida law and subject to the limitations set forth in
Section 768.28, Florida Statutes, USER (a) shall indemnify and hold harmless
the SHERIFF and his agents, representatives, and employees for and against
any and all claims, demands, actions, lawsuits, including but not limited to, any
2
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Agenda Item #6.
false arrest or false imprisonment by USER that results from the use of
information provided under this Agreement, and (b) shall indemnify and hold
harmless the SHERIFF for any loss, cost, expense, attorney fees or other
damages arising out of or involving any negligent acts or omissions of the
USER relating to the operation and use of the equipment and/or information
provided under this Agreement.
8. Either party may terminate this agreement upon thirty (30) days written notice,
except that the SHERIFF may terminate this agreement immediately and
without notice upon finding that the USER has violated the terms of this
agreement.
9. This Agreement constitutes the entire agreement of the parties and may not be
modified or amended without written agreement executed by both parties.
10. This Agreement is effective as of the last date all signatures below are affixed
and shall be valid thereafter until such time as it is terminated.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by
the proper officers and officials.
RIC L. BRADSHAW, SHERIFF OF PALM BEACH COUNTY
Ric L. Bradshaw, Sheriff or his Designee
Witness
3
Date
Date
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Agenda Item #6.
USER- VILLAGE OF TEQUESTA POLICE DEPARTMENT
Abby Brennan, Mayor
Lori McWilliams, Village Clerk
Date
Date
Gustavo Medina, Chief • Date
Page 187 of 485
Agenda Item N.
Amber Krauss
From: Amber Krauss
Sent: Tuesday, August 20, 2019 2:10 PM
To: Gustavo Medina
Subject: FW: Information Sharing Agreement for Tequesta Police Department
Attachments: We sent you safe versions of your files; PALMS-FCIC-NCIC User Agrmt - TEQUESTA.pdf;
Criminal Justice user Agreement between Palm Beach County Sheriffs Office and FDLE
2019. pdf
From: Jackie St. Charles <jstcharles@tequesta.org>
Sent: Tuesday, August 13, 2019 11:52 AM
To: Amber Krauss <akrauss@tequesta.org>
Subject: FW: Information Sharing Agreement for Tequesta Police Department
Here is the original email I was sent as well as the Criminal Justice User Agreement, as it is incorporated by reference in
the PALMS-FCIC-NCIC User Agreement.
Jacqueline St. Charles
Tequesta Police Department
Communications Supervisor
Terminal Agency Coordinator
Office:561-768-0500 fax:561-768-0695
From: Skultety, Stephan <SkultetyS@pbso.ors>
Sent: Tuesday, August 13, 2019 10:21
To: Jackie St. Charles <jstcharles@tequesta.ors>
Cc: CAS Coordinator <CJISCoordinator@pbso.ors>
Subject: FW: Information Sharing Agreement for Tequesta Police Department
Mimecast Attachment Protection has deemed this file to be safe, but always exercise caution when opening files.
Please see the attached forms. Please ask your Chief to sign 2 PALMS-FCIC-NCIC User Agreements, and send them to me.
Please keep a copy of our Criminal Justice User Agreement, as it is incorporated by reference in the PALMS-FCIC-NCIC
User Agreement.
We will then ask the Sheriff to sign both copies. We will then return a fully executed copy to you.
Thanks
Stephan Skultety
CJIS Coordinator
Palm Beach County Sheriff's Office
3228 Gun Club Road
West Palm Beach, Florida 33406
Ofc 561-992-1192
Cell 561-329-7764
Fax 561-687-6780
Page 188 of 485
Agenda Item #6.
4i"'rONRI
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