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HomeMy WebLinkAboutPinellas County Sheriffs Office - Facial Recognition Network and FACES MOU - 2019 06 24 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU), by and between Bob Gualtieri, as Sheriff of Pinellas County, Florida (referred to herein as the "Sheriff") and the Winter Springs Police Department, (referred to herein as "Partner"), establishes a relationship between Sheriff and Partner under which the Sheriff will grant access to Florida's Facial Recognition Network (FR- Net), hosted by the Pinellas County Sheriff's Office. WHEREAS The Pinellas County Sheriff's Office maintains the largest collaborative open model Face Recognition System in the U.S. and exclusively hosts Florida's Facial Recognition Network (FR-Net). FR-Net provides facial biometric search capabilities, subject information, face image comparison tools, training for FR search, and face image analysis methods and best practices via CJNET to authorized Florida law enforcement agencies, WHEREAS Sheriff will grant access and make information available to the Partner to perform automated facial recognition searches and face image comparisons through the Face Analysis Comparison & Examination System (FACES). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Term This Agreement shall be effective on the date upon which it has been signed by both parties ("Effective Date"). This agreement shall continue until terminated by either party pursuant to the procedures described in paragraph 6 of this MOU, 2. Sheriff's Obligations A. To provide self-paced online training information for selected members of Partner's agency to register as new users to FACES. B. Provide the Partner with access to the FACES application after successful completion of the FACES online training materials and demonstrated competency with the FR process. C. To develop and provide standard operating policies and procedures, connectivity protocols and user documentation to the Partner to ensure the lawful and proper use of FACES. 3. Oblijzations of Partner A. All Partner personnel Must successfully complete the FACES Online training. B. Partner agrees the FACES application is for criminal justice purposes only and not for public use or dissemination. Use for any purpose other than criminal justice purposes will result in immediate termination of the MOU and immediate loss of access to FACES. C. The Partner agrees FACES results are investigative leads to assist with subject identification and/or verification. D. The Partner agrees their personnel accept responsibility for identity adjudication and take law enforcement action based upon their own identity determination. 2 E. Partner agrees that it will only allow its employees to register as Users and further agrees that Sheriff is to be notified immediately when Partner personnel have a change in employment status or duty assignment where FACES access is no longer needed, F. Partner agrees to participate in project related evaluations to determine the effectiveness of the FACES application. 4. Reporting of Arrests A. Partner agrees to notify Sheriff as soon as possible, and in no event not later than S business days, after an arrest(s) resulting from the use of FACES. 5. Continuity of Operations A. Sheriff and Partner agree that if the facial system is unavailable for any reason, Sheriff's first obligation is to restore services for Sheriff, If Partner's interface is not functioning for any reason, Sheriff will provide best efforts to assist in the restoration of Partner's services, but only after Sheriff's needs are met. Best effort is determined solely by the Sheriff, 6. Termination A. This MOU may be terminated by either party without cause, upon no less than thirty (30) calendar days written notice to the contacts listed in Section 8. 3 B. if Partner breaches this agreement, this MOU may be terminated immediately by sheriff, with the termination effective upon receipt ofwritten notice by Partner. 7. Liabilitv and Defense of LeRal Actions A. Sheriff agrees to indemnify and hold Partner, its employees and agents, harmless to the extent permitted by Florida law from any |iabi|ity, losses, damages, judgments, liens, expenses and costs sustained orincurred in connection with any claims, suits, actions mrproceedings made or brought against any such party as result ufany negligent acts or omissions ofSheriff, its employees oragents, inthe performance ofits obligations under this MOU. B. Partner agrees toindemnify and hold Sheriff, its employees and agents, harmless to the extent permitted by Florida law from any liability, losses, damages, judgments, liens, expenses and costs sustained orincurred in connection with any claims, suits, actions orproceedings made or brought against any such party asaresult ofany negligent acts or omissions of Partner, its employees or agents, in the performance of its obligations under this K40U. 4 & Agency Cqntacts Sheriff: Jacob Ruberto, Technical Support Specialist Pinellas County Sheriff's Office 107SO Ulmerton Road Largo, FL 33778 (727) 453-7893 jruberto�_,�Dpcsonetxorn Partner- Chris Deisler, Chief of Police Winter Springs Police Department 300 N. Moss Rd. Winter Springs, FL 32708 407-327-1000 cdeisler@winterspringsfl.org 9. Approval PARTNER SHERIFF Shawn Boyle Bob Gualtieri, City Manager,City of Winter Springs Sheriff, Pinellas ty Sheriff, Pinellas ty y B Y C rj Date C, Date 5