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HomeMy WebLinkAbout2011-025-1418 - Agreement with FDOT related Red Light Camera Operations City of Miami Gardens Agenda Cover Memo Council Meeting Date: February 9, 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 Quality of Education Qual. of Life & City Image Communication Strategic Plan Objective/Strategy: (list the specific objective/strategy this item will address) N/A 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 CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY, THAT CERTAIN AGREEMENT WITH THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT OUTLINING USE OF INFORMATION RELATED TO RED LIGHT CAMERA OPERATIONS, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: The Florida Department of Law Enforcement requires law enforcement agencies participating in a red light camera program to execute a user agreement to allow use of the participating agency’s Originating Agency Identifier (ORI) to facilitate access to vehicle registration information. The ORI is utilized when computer queries are made by the vendor in order to issue the red light infraction. As such, staff recommends that council adopt the attached FDLE supplemental agreement. ITEM K-8) CONSENT AGENDA RESOLUTION Agreement w/FDLE concerning Red Light Camera Operation 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Proposed Action: That the City Council authorizes the City Manager to execute the attached agreement with the FDLE outlining use of information related to Red Light Camera Operations. Attachment: Attachment A: Red Light Camera Operations Supplement Red-Light Camera Operations Supplement RED-LIGHT CAMERA OPERATIONS SUPPLEMENT TO CRIMINAL JUSTICE USER AGREEMENT This Agreement supplements the Criminal Justice User Agreement entered into between the Florida Department of Law Enforcement (hereinafter referred to as FDLE), an agency of the State of Florida, and the _____________________________, with headquarters at___________________________________________, (hereinafter referred to as the User), and dated _____________________. PURPOSE: This Supplemental Agreement is to document the terms and conditions under which the User is authorized to permit the use of its Originating Agency Identifier (ORI) to facilitate access to vehicle registration information provided via FDLE’s International Justice and Public Safety Network (Nlets) connection, the Florida Crime Information Center (FCIC II) Message Switch, and the Florida Department of Highway Safety and Motor Vehicles (DHSMV), for use in association with red-light camera traffic infraction detection operations implemented by county and municipal governments as authorized by Chapter 2010-80, Laws of Florida. Whereas, FDLE is duly authorized and agrees to ensure access to the information services provided to the User via Nlets; Whereas, the User provides law enforcement services for the ______________________________________________(governmental entity); Whereas, the governmental entity has contracted with a vendor for the purposes of traffic code enforcement using red-light cameras; Whereas, the vendor, as a designated strategic partner with Nlets, submits queries to DHSMV via FDLE’s Nlets connection and the FCIC II Message Switch, and such queries include the User’s ORI; Therefore, the FDLE and the User do hereby agree as follows: Section I FDLE REQUIREMENTS FDLE agrees to provide the information services described above and will adhere to the following terms and conditions: 1. Serve as the primary point of contact for Nlets transactions that originate on behalf of the User by the authorized vendor. 2. Monitor the use of the FCIC and Nlets to ensure that automated traffic generated as a result of red-light camera traffic infraction detection operations do not have an adverse impact on officer safety. June 2009 1 of 3 Red-Light Camera Operations Supplement 3. In the event of an outage of normal NCIC services for any reason, FDLE reserves the right to curtail or discontinue the processing of red-light camera inquiries until the event or situation that caused the outage has passed or been resolved and services are fully restored. Section II USER REQUIREMENTS By providing access to the information services described above, the User agrees to adhere to the following terms and conditions: 1. The User shall ensure that all vendor personnel reviewing the vehicle registration information provided as authorized herein are current in CJIS Online certification, as prescribed by FDLE. 2. The User shall not share any state or national Hot File Information to which it has access with the Vendor. The Vendor shall not view or store any Hot File information on behalf of the User. (All other restrictions on access to and dissemination of information obtained by or available to User under its User Agreement with FDLE continue to apply.) 3. 3. The User shall enter into an instrument of agreement with the Vendor acknowledging information is obtained by the Vendor via Nlets and the FCIC II Message Switch on behalf of the User. A copy of this agreement shall be forwarded to FDLE. The User shall ensure the Vendor complies with access and dissemination polices for any information obtained via a query processed through the FCIC II Message Switch. June 2009 2 of 3 Red-Light Camera Operations Supplement June 2009 3 of 3 IN WITNESS HEREOF, the parties hereto have caused this Supplemental Agreement to be executed by the proper officers and officials as of the later date indicated below. NAME OF USER AGENCY AGENCY HEAD TITLE (PLEASE PRINT) (SIGNATURE) DATE WITNESS TITLE FLORIDA DEPARTMENT OF LAW ENFORCEMENT BY TITLE (PLEASE PRINT) (SIGNATURE) DATE WITNESS TITLE