HomeMy WebLinkAboutTraffic and Criminal Software (TraCS) Memorandum of Understanding - 2021 04 01 Docu
� SECURE D
Certificate Of Completion
Envelope Id:6858F496A23E4OA6A60EOB951 DECE4EE Status: Completed
Subject: Please DocuSign:TraCS MOU Winter Springs PD
Source Envelope:
Document Pages:5 Signatures:2 Envelope Originator:
Certificate Pages:2 Initials:0 Amy Pontillo
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Status: Original Holder:Amy Pontillo Location: DocuSign
3/23/2021 4:42:39 PM alc06d@fsu.edu
Signer Events Signature Timestamp
Shawn Boyle ly. Sent:3/23/2021 4:43:38 PM
sboyle@winterspringsfl.org [DICUSil"Id
u�vin L56�t, Resent:3/31/20219:07:07AM
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Scott Ervin D S'g a nv: Sent:4/6/2021 8:52:37 AM
servin@pcgov.org Viewed:4/6/2021 10:02:58 AM
Chief of Police C51D6DBEOF38B43E Signed:4/6/2021 10:03:03 AM
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Courtney Moon Sent:4/6/2021 10:03:04 AM
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Olivia Hand Sent:4/6/2021 10:03:05 AM
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Amy Pontillo � Sent:4/6/2021 10:03:06 AM
alc06d@fsu.edu
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Systems Architect
Florida State University
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Seth BarteeCOPIED E Sent:4/6/2021 10:03:06 AM
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Nick Romano Sent:4/6/2021 10:03:07 AM
nromano@winterspringsfl.org
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Lieutenant
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Chris Deisler � Sent:4/6/2021 10:03:08 AM
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Bill Mayhugh �� Sent:4/6/2021 10:03:08 AM
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Certified Delivered Security Checked 4/6/2021 10:02:58 AM
Signing Complete Security Checked 4/6/2021 10:03:03 AM
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DocuSign Envelope ID:6858F496-A23E-4OA6-A60E-OB951 DECE4EE
MEMORANDUM OF UNDERSTANDING
Traffic and Criminal Software (TraCS)
WITNESSETH
WHEREAS, on April 1, 2021 __ ("Effective Date") this MOU is entered into by and between The
Panama City Police Department, hereafter referred to as PCPD, and the
Winter springs Pol ice Department , hereafter referred to as Contract Agency (CA), which
both criminal justice agencies, formally recognized by the Federal Bureau of Investigation (FBI) and the
Florida Department of Law Enforcement (FDLE), and;
WHEREAS, PCPD and the CA are headquartered within the boundaries of the State of Florida, and;
WHEREAS, both PCPD and the CA have entered into Criminal Justice User Agreements (UA) with FDLE
and are required to abide by the current FBI Criminal Justice Information System (CJIS) Security Policy
(CSP) for access to state and national Criminal Justice Information (CJI) as defined by the CSP, and;
WHEREAS, the FDLE CJIS Director functions as the CJIS Systems Officer (CSO) for the State of Florida,
required by the CSP and UA to grant and authorize access to CJI within the State of Florida, and;
WHEREAS, PCPD presently has the benefit of contracting with TraCS Florida, a private vendor, operated
and maintained by FSU, which provides access to TraCS, and;
WHEREAS, the CA wishes to utilize the PCPD FSU TraCS Systems for law enforcement purposes, and;
WHEREAS, PCPD is willing to share individual background screening information obtained from state
and national fingerprint-based records checks with the CA, in a manner consistent with the requirements
of the CSP;
WHEREAS, unescorted physical or logical access is defined in Appendix A of the CSP under the definition
for Access to Criminal Justice Information.
NOW THEREFORE, the parties agree as follows,
1. FSU will provide PCPD with a current and complete list of all personnel who require unescorted
physical or logical access to CJI in TraCS.
2. PCPD will maintain a MOU with the Florida Highway Patrol stating FHP is the lead criminal justice
agency for DSM, where the TraCS server physically resides.
3. Per the MOU with FHP, FHP will ensure that all DSM personnel meet CJIS requirements for
personnel screening and will notify PCPD of any personnel change.
Memorandum of Understanding(TraCS) rev:January 21,2021
PCPD and CA pg. 1
DocuSign Envelope ID:6858F496-A23E-40A6-A60E-06951 DECE4EE
4. PCPD will ensure all personnel provided in Section 1, above, are appropriately screened and
trained.
5. PCPD will fingerprint and submit the requisite identification information on personnel who require
unescorted physical or logical access to CJI in TraCS prior to being granted access. PCPD will use
its criminal justice ORI for submitting fingerprints required by the CSP and UA. PCPD will retain
the fingerprint-based records check, the signed security addendums, and the completed Security
Awareness Level 4 certificates for said personnel.
6. PCPD will maintain a current and complete list of all personnel who have been authorized to
unescorted physical or logical access to CJI in TraCS. Individual information shall include name,
date of birth, and if previously provided, Social Security Number or unique identification to
accurately identify the individual.
7. PCPD shall provide to the CA the list of all personnel who are authorized unescorted physical or
logical access to CJI inside TraCS.
8. PCPD shall defer to the FDLE CSO regarding any issues with respect to unescorted physical or
logical access to CJI and/or CJI systems eligibility as required by the CSP and UA.
9. When any change occurs to the list of authorized personnel, the PCPD shall provide to the CA the
corrected or revised list of authorized personnel, and specifically identify any additions, deletions,
or modifications to the list.
10. PCPD will notify the CA in the event that an individual, whether seeking or already authorized
unescorted physical or logical access to CJI in TraCS, is denied such access by the FDLE CSO.
11. To properly assess any potentially disqualifying information as it becomes available, every year,
PCPD shall perform a name-based check via the FCIC message switch, to include, but not limited
to, hot files, and state/national criminal history record information searches, on all personnel
authorized unescorted physical or logical access to CJI in TraCS.
12. Upon notification/determination of any type of reported or observed criminal or other
disqualifying activity by an individual authorized access to CJI in TraCS, the PCPD shall
immediately notify the CA via formal correspondence of the individual's activity.
13. PCPD shall immediately notify the CA upon learning of the termination or suspension from
employment of an individual authorized access to CJI in TraCS.
14. The CA shall be entitled to use, through agents and employees of the PCPD, the TraCS interface
located at DSM Technology Consultants, LLC (DSM) data centers located in Winter Haven, FL. for
the purpose of gaining access to information Systems for law enforcement purposes.
15. The CA agrees to abide by all applicable logical, state, and federal laws, rules, and regulations,
with regards to the use of any device accessing CJI and/or TraCS under the terms of this
agreement.
Memorandum of Understanding(TraCS) rev:January 21,2021
PCPD and CA pg. 2
DocuSign Envelope ID:6858F496-A23E-40A6-A60E-06951 DECE4EE
16. The CA agrees to abide by all terms and conditions of the most recent UA executed into between
FDLE and the CA.
17. The CA agrees that it shall make use of the TraCS access in compliance with the CSP.
18. If the CA intends to use mobile devices (as defined in the CSP), the CA agrees to have and
operate a Mobile Device Management(MDM) solution as required by the CSP.
19. In compliance with the FDLE UA, the CA agrees to have a formal written policy restricting
criminal justice applications and networks access to agency owned devices and forbidding access
and use of criminal justice applications and networks access on personally owned or public
devices.
20. The CA grants DSM permission to retain and host all records created inside TraCS by the CA in
accordance with the CSP and FDLE UA.
21. The CA acknowledges that backups for all hosted records created inside TraCS by the CA are
stored at DSM.
22. The CA grants PCPD and aforementioned personnel provided in section 1 permission to view and
create records in TraCS on behalf of the CA solely for the purposes of training or troubleshooting.
23. The CA agrees that neither PCPD nor the aforementioned personnel provided in section 1 are
responsible for fulfilling public records requests on behalf of the CA. PCPD agrees to forward all
public records requests it receives for records created and/or owned as described in section 22
by the CA to the CA.
24. The CA retains ownership of all records created inside TraCS by the CA and responses generated
as a direct result of the CA, including user accounts, account access and audit logs, user activity,
query history, and query responses, and agrees to fulfill any and all public records requests
regarding those records.
25. The CA agrees that neither PCPD nor the aforementioned personnel provided in section 1 are
responsible for fulfilling non-governmental, third-party requests for records on behalf of the
CA. PCPD and the TraCS agree to forward all records requests received for records created
and/or owned as described in section 22 by the CA to the CA.
26. PCPD agrees that the current FCIC Agency Coordinator (FAC) of the CA as recorded with FDLE
and/or the current agency head within the CA shall be notified by PCPD of updates and
information regarding personnel authorized to access CJI, including but not limited to when an
individual is added or removed from the list of authorized users or when an individual on the list
is arrested.
27. PCPD shall have formal written guidelines defining the processes associated with implementation
of this Agreement.
28. PCPD will forward a copy of this Agreement of the FDLE CSO.
Memorandum of Understanding(TraCS) rev:January 21,2021
PCPD and CA pg. 3
DocuSign Envelope ID:6858F496-A23E-40A6-A60E-06951 DECE4EE
29. The term of this agreement shall commence on the Effective Date and shall remain in force until
terminated in accordance with the terms herein.
30. Either party may terminate this Agreement upon thirty (30) days written notice or immediately by
PCPD without notice upon finding that the CA has violated terms of this Agreement, or
immediately by the CA without notice upon finding that PCPD has violated the terms of this MOU.
31. This agreement constitutes the entire agreement of the parties and may not be modified or
amended without written agreement executed by both parties and establishes procedures and
policies that will guide all parties to comply and adhere to the CJIS Security Policy.
32. This Agreement supersedes all prior or contemporaneous negotiations, commitments,
agreements (written or oral) and writings between PCPD and the CA with respect to the subject
matter hereof. All such other negotiations, commitments, agreements and writings will have no
further force or effect, and the parties to any such other negotiation; commitment, agreement or
writing will have no further rights or obligations there under.
[SIGNATURES ON THE FOLLOWING PAGE]
Memorandum of Understanding(TraCS) rev:January 21,2021
PCPD and CA pg.4
DocuSign Envelope ID:6858F496-A23E-4OA6-A60E-OB951 DECE4EE
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed by the proper
officers and officials.
Panama City Police Department
Age;oc%gNene (PCPD)
Se,att �tiuin,
Authorized Signatory (PCPD)
K. Scott Ervin #1999 Chief of Police
Printed Name / ID # Title
winter springs Police Department
Agency Name (CA)
LDocu igned by:
Authorized Signatory (CA)
Shawn Boyle #407-327-5950 CEO
Printed Name / ID # Title
The current FBI CJIS CSP mandates all agencies connected to the FBI CJIS systems adhere to
regulation set forth within the Security Policy. Included within the term 'personnel"are all individuals
who are utilized by criminal justice agencies to implement, deploy, and/or maintain the computers
and/or networks of the criminal justice agency which are used to access FBI CJIS systems. These
individuals include city/county IT personnel, and private vendors The subject of non-criminal justice
governmental personnel and private vendors is addressed in Sections 5.1.1.5(1)of the CJIS Security
Policy, and the Security Addendum, which can be found in Appendix H.
Memorandum of Understanding(TraCS) rev:January 21,2021
PCPD and CA pg. 5