The URL can be used to link to this page

Home My WebLink AboutDocumentation_Regular_Tab 06_11/12/2009VILLAGE OF TEQUESTA '~- AGENDA ITEM TRANSMITTAL FORM - - 1. VILLAGE COUNCIL MEETING: Meeting Date: Meeting Type: Ordinance #:. fylA ~ , ~ ~; j November 12, 2009 Regular ~ ~ : Consent Agenda: Yes Resolution #: N/A Originating Department: Police 2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report) PALMS/FCIC/NCIC USER AGREEMENT 3. BUDGET /FINANCIAL IMPACT: Account #: N/A Amount of this item: N/A Current Budgeted Amount Available: N/A Amount Remaining after item: N/A Budget Transfer Required: No Appropriate Fund Balance: No 4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item) Interagency Agreement between the Palm Beach County Sheriffs Office (PBSO) and the Village of Tequesta Police Department providing access through PBSO's secure connection allowing the Tequesta Police Department access to critical Federal, State, and Palm Beach County law enforcement records and data. 5. APPROVALS: Dept. Head: Finance Director: Approved Financiallmpact ~_. , Attorney: (for legal sufficiency) See attached Yes ® No ^ Village Manager: °-T'~ Routing Sheet Process • SUBMIT FOR COUNCIL DISCUSSION: ~ 1. Send ALL completed forms t Finance for review ONE WEEK pric • APPROVE ITEM: ^ to agenda items due into Clerk Office. • DENY ITEM: ^ 2. Finance sends Routing Sheet t Form amended 08/26/08 Clerk by deadline. 3. Clerk formulates agenda and send to Manager for review /approval. ,~~ouESrq TEQUESTA POLICE DEPARTMENT iOouc~- g MEMORANDUM EPT - To: Michael R. Couzzo, Jr. Village Manager From: Chief William McCollo Date: November 3, 2009 Subject: PALMS/FCIC/NCIC USER AGREEMENT ~~ ~~~I ~~wiCS~r Attached for your consideration is an Agenda item; the PALMS/FCICINCIC User Agreement that must be executed with the Palm Beach County Sheriff's Office (PESO) to ensure the Tequesta Police Department can access the National Crime Information Center (NCIC), the Florida State Crime Information Center (FCIC) and the Palm Beach Automated Law Enforcement System (PALMS). The Palm Beach County Sheriff's Department provides the only Florida Department of Law Enforcement (FDLE) approved secure connection that allows our agency to query Federal, State, and local Palm Beach County information concerning vehicles, lost/stolen property, criminal histories and warrants. This information is critical to the services our agency provides to the citizens of the Village of Tequesta. Per FDLE's requirements, each law enforcement agency using the FCIC/NCIC/PALMS system must agree to the terms in the agreement. The agreement is a standard agreement provided by FDLE. The Sheriff's Office currently provides the connection at no cost to the Village; however, the agreement does indicate that the Village (the User) "shall assume and be fully responsible for certain fees or costs relative to this agreement." PBSO staff has not been able to identify what costs the Village would be responsible for since we have not incurred any costs in the past. It is possible that the Sheriff's Office will require the Village to pay for the T-1 line that is dedicated only to this service; however, there is no indication they will require reimbursement at this time. Keith Davis, our attorney, has reviewed the Agreement and found it to be legally sufficient and in proper form. I respectfully request that the Council approve the Agreement to ensure there is no interruption of service to our community. As always, thank you for your continued support of our investigative efforts. Tequesta Police Department Memorandum McCollom, William From: keith W. Davis [keith@corbettandwhite.com] Sent: Tuesday, February 03, 2009 2:43 PM To: McCollom, William Subject: RE: PALMS User Agreement2.doc It is standard language, but I thought that you were concerned about being assessed for certain specific costs that were not spelled out. If not, we can move this forward for approval. Keith W. Davis, Esq. Corbett and White, P.A. Tel: (561) 586-7116 From: McCollom, William [mailto:wmccollom@tequesta.org] Sent: Monday, February 02, 2009 7:56 PM To: keith W. Davis Subject: RE: PALMS User Agreement2.doc Do you have a recommendation? It seems like standard language to me. From: keith W. Davis [mailto:keith@corbettandwhite.com] Sent: Mon 2/2/2009 2:34 PM To: McCollom, William Subject: RE: PALMS User Agreement2.doc Chief: Strictly by way of form, there is a long line at the beginning of paragraph 15 that needs to be removed. Then, as we discussed this morning, it is a matter of nailing down the costs in paragraph 4. Otherwise, it looks fine. Keith W. Davis, Esq. Corbett and White, P.A. Tel: (561) 586-7116 From: McCollum, William [mailto:wmccollom@tequesta.org] Sent: Monday, February 02, 2009 12:07 PM To: keith W. Davis Subject: PALMS User Agreement2.doc 1 am still working on the actual cost, if any, related to this agreement. In the mean time, please review the agreement for legal form and sufficiency. Thanks, Tequesta Police Department Memorandum Chief William E. McCollom Tequesta Police Department 357 Tequesta Drive Tequesta, Fl 33469 (561) 744-4019 (561) 745-7877 FAX (561) 431-0572 eFax wmccollom@tequesta.orq Florida has a very broad public records law. Most written communications to or from state or local officials regarding state or local business are considered to be public records and will be made available to the public and the media upon request. Therefore, your email message is subject to disclosure. PALMS, FCIC, NCIC USER AGREEMENT THIS AGREEMENT, made and entered into this ______ day of 2009, by and between RIC L. BRADSHAW, SHERIFF OF PALM BEACH COUNTY, FLORIDA, hereinafter referred to as "SHERIFF" and TEQUESTA POLICE DEPARTMENT, hereinafter referred to as "USER". 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 entered into an Agreement with the Florida Department of Law Enforcement providing the SHERIFF with rapid access to both intrastate and interstate criminal justice information through the Florida Crime Information Center, hereinafter referred to as "FCIC", and the National Crime Information Center, hereinafter referred to as "NCIC", and WHEREA5, the USER is a law enforcement agency within the jurisdictional confines of Palm Beach County that requires rapid access to criminal justice information available through PALMS, FCIC, and NCIC, and WHEREAS, access to information compiled and stored by the Clerk of the Court through a telecommunications system is operated and provided for by the SHERIFF through the PALMS system, IT IS HEREBY AGREED that the SHERIFF will provide access to the PALMS, FCIC, NCIC system to the USER upon the following terms and conditions: 1 1. The SHERIFF shall provide to the USER an interface circuit through a telecommunications system which allows access to the information compiled and stored in the PALMS, FCIC, NCIC systems. 2. The USER fully understands that the information compiled and stored in the PALMS, FCIC, NCIC systems cannot always be verified by the SHERIFF and is provided as information only to the USER by the SHERIFF. 3. The USER shall, at all times, comply with all applicable federal and state laws, rules, regulations, policies, procedures, and interagency agreements relative to and concerning the use of information forming the basis of this Agreement. 4. The USER shall assume and be fully responsible for certain fees or costs relative to this Agreement. 5. The USER understands that the SHERIFF shall retain total and complete control over the management and operation of the information and telecommunication system forming the basis of this Agreement. 6. The SHERIFF shall maintain the interface circuit and/or equipment leased through the SHERIFF by the U5ER. The SHERIFF shall provide installation of the interface circuit at the USER"s location, if required. 7. The USER shall assume full responsibility for the cost and fees relative to the relocation and operation of the USER interface circuit in the event the interface circuit must be moved. 8. In the event the interface circuit malfunctions or becomes inoperable, the USER shall provide immediate notice to the SHERIFF. The SHERIFF will not be responsible in any way for any inconvenience that may be caused by the circuit malfunction. 9. The SHERIFF shall provide written notification of any system software changes presumed to impact the USER prior to the implementation of the change. 10. The USER shall use and adhere to the rules, regulations, policies, procedures, and interagency agreements established by FILE for access to the telecommunication system forming the basis of this Agreement. 11. The USER shall ensure the security of the interface circuit and prevent any unauthorized use. 12. The USER shall treat the information obtained from the PALMS, FCIC, NCIC system in a manner that conforms to ali federal and state laws and all federal, state, and local rules, regulations, policies, procealu+es, and interagency agreements relative to or concerning the security and right of privacy in such information. 13. USER shall provide a minimum of thirty (30) days advance notice of any proposal to add new equipment and/or relocate existing equipment. 14. USER shall reimburse the SHERIFF for any and all costs directly or indirectly associated with USER equipment and/or transactions provided by the SHERIFF. The USER understands that there are costs associated to accessing certain information and agrees to reimburse the SHERIFF for any such costs. 15. The USER shall indemnify and hold harmless the SHERIFF aril his ager~s, represerrtatives, and employees to the extent provided by Florida law for and against any and all claims, demands, actions, lawsuits, including but not limited to, any false arrest or false imprisonment that results from the use of information provided under this agreement Further, the USER 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 or his agents relating to the operation and use of the equipment and information provided under this agreement. 16. This Agreement may be terminated without cause upon thirty (30) days prior written notice. ATTEST: RIC L BRADSHAW, SHERIFF PALM BEACH COUNTY, FLORIDA By: ATTEST: CHIEF OF POLICE WILLIAM McCOLLOM TEQUESTA POLICE DEPARTMENT By: ATTEST; Lori McWilliams, CMC Village Clerk [VII.,LAGE SEAL] VILLAGE OF TEQUESTA Michael Couzzo Village Manager APPROVED AS TO FORM AND LEGAL SUFFICIENCY Trela White, Esq. Village Attorney