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HomeMy WebLinkAboutCity of Tamarac Resolution R-80-031Introduced by: /tit 2V� TEMP. RESO. #1548 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 9 20 21 22 23 24 25 26 27 28 29 30 33 34 35 36 CITY OF TAMARAC, FLORIDA RESOLUTION NO.R- gD 3� A RESOLUTION APPROVING AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT CRIME INFORMATION CENTER FOR A CRIMINAL JUSTICE INFORMATION COMMUNICATIONS TERMINAL. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials are hereby authorized to execute a Communications Terminal Users Agreement with the Florida Department of Law Enforcement Crime Information Center for a Criminal Justice Information Communications Terminal. PASSED, ADOPTED AND APPROVED this,2% ay of ,1980. MAYOR ATTEST: / CITY CLERK MAYOR: I HEREBY CERTIFY that I have DISTINC`m approved the form and correctness of this RESOLUTION. DI5 ':-CT DISTRICT DISTRICT CITY ATTORNEY RECORD OF COUNCIL VOTE FLORIDA DEPARTMENT OF LAW ENFORCEMENT FLORIDA CRIME INFORMATION CENTER COMMUNICATIONS TERMINAL USER'S AGREEMENT THIS AGREEMENT, entered into between the Florida Department of Law Enforcement (hereinafter referred to as "FDLE") an agency of the State of Florida with headquarters at 408 North Adams Street, Tallahassee, Florida,. and the CITY OF TAMARAC POLICE DEPARTMENT with headquarters at 5811 N.W. 88 Avenue, Tamarac, Florida 33321, ' (hereinafter referred to as the User), witnesseth that: 1) FDLE is an agency of the State of Florida authorized by law to establish and operate the Florida Crime Information Center (hereinafter FCIC, and to participate in similar multistate and federal systems for the exchange of information relating to crimes, criminals and criminal activity. 2) FDLE participates in the National Crime Information Center (hereinafter NCIC) of the United States Department of Justice and in the National Law Enforcement Telecommunications System (hereinafter NLETS), serving as Florida control agency for the interstate transmission of criminal justice informa- tion to and from agencies in Florida and agencies in the Continental United States, Alaska, Hawaii, Washington, D.C. and Puerto Rico. 3) User requires terminal access to intrastate and interstate criminal justice information systems in order to effectively discharge its public duties. 4) FDLE is willing to undertake provision of terminal facilities to the User for an indefinite period provided User agrees to comply with all applicable federal and state laws, regulations, rules, policies, and procedures, to assume certain costs, and so long as FDLE retains full control over the management and operation of the FCIC. . NOW THEREFORE, in light of the foregoing representations and the promises, conditions and other valuable con- siderations more fully set out or incorporated herein by reference, the parties, by their duly authorized officials, do mutually agree as follows: 1) The FDLE, through its FCIC, agrees to furnish the User, a criminal justice agency, with such criminal justice information as is available in the FCIC files, and to serve as the means of exchange of computer- ized administrative messages between the User and other criminal justice agencies on the FCIC tele- communications network. In addition, FDLE agrees to serve as the state control terminal for the inter- change of information between NCIC, NLETS, and the User. 2) FDLE agrees only to arrange for installation of 1 — TC 4000 telecommunication terminals) and required communications line(s) at the User location, to wit: Terminal operator personnel costs, equipment power and connection costs, terminal paper and ribbon costs, and other similar costs will be the responsibility of the User. FDLE will, however, pay the cost of shipping the terminal(s) to User, the monthly rentals, if any, on the terminal(s), and the cost of the data circuit(s). 3) Should User desire to relocate the terminal(s), they shall provide FDLE/FCIC 45 days written notice. FDLE/FCIC will pay all costs of relocating the communications line(s). All cost related to the physical relocation of the terminal shall be borne by the User. The repair and cost of any damages resulting from such relocation will be the User's responsibility. 4) Should the terminal malfunction or become inoperable, User agrees to notify FDLE/FCIC immediately. All costs not attributable to User's neglect or misuse of the terminal will be borne by FDLE/FCIC or its vendors. 5) FDLE agrees to schedule and provide training of terminal operators and other personnel at locations and times arranged by FCIC. Only User members who have completed such training to the acknowl- edged se'sfaction of FDLE shall be allowed to operate the terminal or have authorized access to the FCIC system. 6) User agrees to operate the terminal on a 24-hour, seven-day week basis whenever possible, and, in any event, during its regular working hours. 7) User agrees to provide assistance to other law enforcement or criminal justice agencies not equipped with an FCIC terminal in keeping, with FDLE/FCIC standards (but only to the extent that such assistance is not otherwise prohibited). 8) User agrees to send only criminal justice/law enforcement messages over and through the FCIC network. All messages will be treated as privileged unless otherwise indicated. However, information classified undi pctment Pere ;?i ia­s ar,d iiatructions will not be transmitted. 9) User shall operate the terminal and otherwise conduct itself in strict compliance with applicable FCIC, NCIC and NLETS policies including, but not limited to, policies, practices and procedures relating to: FDLE FORM DCB 207.1 (9-79) Page 1 of 3 I. A) Conversion and entry of information for conversion. B) VaIidation and verification. C) Daily accounting for positive responses to inquiries. D) Cancellation of entries. E) Interagency notification and confirmation of positive responses to inquiries. F) Prudential use of statewide or regional transmissions. C) Use of plain text in message traffic. All policies, procedures and operating instructions presently contained in current NCIC and NLETS documents and the FCIC Operating Manual, published by FDLE, are hereby incorporated into and made a part of this agreement except to the extent that they are inconsistent herewith or legally superceded by higher authority. 10) User shall take necessary measures to make the terminal secure and prevent any unauthorized use. FDLE/FCIC reserves the right to object to equipment (terminal) location, security measures, qualifi- cation and number of personnel who will be operating the terminal and to suspend or withhold service until such matters are corrected to its reasonable satisfaction. FDLE/FCIC further reserves the right to conduct inspections concerning the proper use and security of the terminal facility. Such inspections may be accompanied by personnel of the User. 11) User agrees to indemnify and save harmless the State of Florida, its officers and employees from and against any and all claims, demands, actions, suits and proceedings, including, but not limited to, any false arrest or imprisonment, and against any loss, cost, expense, and damage resulting therefrom, arising out of or involving any actions taken by personnel of User as a result of any information contained in or received from or through FCIC/NCIC/NLETS. 12) This agreement may be renewed or renegotiated under mutually agreeable terms. 13) This agreement shall be deemed to have been executed under and controlled and conditioned by the laws of Florida. 14) Each party retains the right to discontinue service without cause upon mailing of forty-five days written notice. Each party may terminate this agreement for cause. More particularly, FDLE reserves the right to discontinue service without notice upon presentation to it of reasonably credible evidence that User is violating this agreement or any pertinent federal or state law, regulation or rule. Moreover. cause shall also be deemed to exist if any term of this agreement is found to be invalid, if any change in the laws applicable to either party requires either party to curtail performance hereunder, .or if changed circumstances require either party to perform substantially more or less than was envisioned at the time this agreement was executed. In such circumstances, the other party may terminate performance or demand renegotiation (under clause 12) upon written notice to the other party that the changed circumstances, if known at the time of execution of this contract, would have foreclosed that party's entry into the agreement. 15) This agreement is cumulative to and shall not be deemed to supercede of excuse compliance with anN separate agreement(s) between FDLE and User relating to criminal history and/or criminal intelligence information and records. FDLE FORM DCB 207-2 (9.79) Page 2 of 3 y iN V17TNES�OF, the duly authorized officials of the respective parties set their hands and seals this.. day of 19 ` a . I(. Approved ! gal Sufficiency /Edward A. Gross ;'City Hager qCro&lA6��Eva�ns, Assistant City Clerk jLegal Counsel) J (Name) Walter W. alc or CITY OF TAMARAC (Agency) Approved for Legal Sufficiency Field Counsel) Page 3 of 3 1 Commissioner, Florida Department of Law Enforcement FDLE FORM DCB 207.3 (9-79)