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2011-001-1394 - MOU with Florida Department of Highway Saftey and Motor Vehicles City of Miami Gardens Agenda Cover Memo Council Meeting Date: January 12, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety X Quality of Education Qual. of Life & City Image Communication Strategic Plan Objective/Strategy: (list the specific objective/strategy this item will address) Goal 1 Enhance Public Safety X Sponsor Name Dr. Danny Crew, City Manager Department: Police Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN ADDENDUM TO THAT CERTAIN MEMORANDUM OF UNDERSTANDING (MOU) WITH THE STATE OF FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES (DHSMV), A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The Miami Gardens Police Department utilizes many resources during the course of routine operations. Some of these resources involve technology for the gathering of information in an effort to detect and solve crimes. One of these outlets is the State of Florida Department of Highway Safety and Motor Vehicles (DHSMV). The DHSMV records all vehicle and driver data for the State of Florida and furnishes this information to law enforcement agencies conducting criminal investigations. Recently the DHSMV updated the Memorandum of Understanding (MOU) and have requested that agencies using the vehicle and driver data system complete an addendum that will require an audit on an “as needed” basis, not annually. Additionally, a Certified Public Accountant will not be required to complete the internal audit if it is requested, in the alternative; the agency will permitted to complete any requested audit internally. ITEM K-2) CONSENT AGENDA RESOLUTION MOU Florida Dept. of Highway Safety 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council ratify the attached resolution authorizing the City Manager to execute a Memorandum of Understanding Addendum with the State of Florida Department of Highway Safety and Motor Vehicles allowing the Miami Gardens Police Department to access the Drivers License or Motor Vehicle Record Data Exchange. Attachment: Attachment A: DHSMV MOU Addendum Attachment B: DHSMV MOU VI. Compliance and Control Measures A. Internal Control Attestation -This MOU is contingent upon the Requesting Party having appropriate internal controls over personal data sold or used by the Requesting Party to protect the personal data from unauthorized access, distribution, use, modification, or, disclosure. Upon request from the Providing Agency, the Requesting Party must submit an attestation from a currently licensed Certified Public Accountant performed in accordance with American Institute of Certified Public Accountants (AICPA) “Statements on Standards for Attestation Engagement.” In the event the Requesting Party is a governmental entity, the attestation may be provided by the entity’s internal auditor or inspector general. The attestation must indicate that the internal controls over personal data have been evaluated and are adequate to protect the personal data from unauthorized access, distribution, use, modification, or disclosure. The attestation must be received by the Providing Agency within 120 days of the written request. The Providing Agency may extend the time to submit the attestation upon written request and for good cause shown by the Requesting Agency. See Section XI for complete mailing address I affirm that I have read and understand the language above and agree to comply as part of the terms and conditions of Contract Number HSMV-________-____. _____________________________________ Agency Name _____________________________________ Signature _____________________________________ Printed/Typed Name _____________________________________ Title ____________________________________ Date