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HomeMy WebLinkAboutState Attorney's Office 18th Judicial Circuit Interagency Agreementt for Criminal Justice Information Exchange and Computer Usage - 2021 07 21 INTERAGENCY AGREEMENT BEWTEEN THE STATE ATTORN'EY'S OFFICE 18TH JUDICIAL CIRCUIT AND THE WINTER SPRINGS POLICE DEPARTMENT FOR CRIMINIAL JUSTICE INFORMATION EXCHANGE AND COMPUTER USEAGE WITNESSETH WHEREAS, The State Attorney's Office 18" Judicial Circuit hereafter referred to as SAO 18, and the Winter Springs Police Department, hereafter referred to as WSPD, are criminal justice agencies, formally recognized by the Federal Bureau -of Investigations.(FBI) and the Florida Department of Law Enforcement (FDLE); and WHEREAS, The SAO18 maintains an electronic case management system (CMS) for the creation and storage of offense reports, hereafter referred to as Criminal Justice Information (CJI); and WHEREAS, The WSPD wishes to routinely receive SA018 CJI for the administration of criminal justice; NOW THEREFORE,The parties agree as follows, 1. The SAO 18 shall provide access to its case management system to the WSPD. The information contained in the case management system is maintained and updated by the SAO I S employees and is for informational use only.The information contained in the database is not the official court record.Official court records should be obtained from the Clerk of Courts. Access to the SAO 18 case management system will be provided with inquiry rights only.Access is granted for business related functions only.Users are required to maintain the confidentiality and prevent the unauthorized disclosure of any data or information that is accessed or obtained from the system that is confidential or exempt from public disclosure under Florida or federal law or court rule. The case management data may contain Personally Identifiable hiformation (Pin and Criminal Justice Information (CJI) data. This data shall be extracted for the purpose of law enforcement business use only. Personal use is strictly prohibited. All users with access to the case management system are responsible for safeguarding this access and will not provide access capabilities to any other person outside of the agency. The WSPD is responsible to ensure the provisions of security are being enforced within their agency for users of the system. Users may only access the case management system via WSPD owned devices. All connections to the system must be encrypted to ensure the security of the data. The SAO IT department will conduct weekly audit log reviews for the WSPD users. If there appears to be an issue, the SAO LASO will contact the WSPD LASO and report the issue. 2. The SAO 18 shall receive files containing offense reports and related records,known as CJI, from the WSPD via a Secure File Transfer Protocol (SFTP) site.The SFTP is TIPS 140-2 certified to ensure encryption levels meet the requirements of secure CJI transfer. 3. The SAO]8 shall provide the FIPS 140-2 certificate to the WSPD for reference,as needed. 4. The SAO]8 and WSPD may also exchange CJI,as needed,via voice and/or physical paper dissemination. 5. The WSPD will provide the SAO 18 with the records for criminal justice purposes. 6. The SAO]8 and the WSPD agrees to abide by all applicable local, state, and federal laws, rules and regulations, with regards to the use of said electronic systems. 7. Both parties agree to abide by all the terms and conditions of the Criminal Justice User Agreement executed between the FDLE and each party, to include but not be limited to the FBI CJIS Security Policy. 8. The SAO18 agrees that it shall make use of the records for authorized criminal justice purposes only. 9. The SAO 18 will disseminate CJI related information obtained from the WSPD only for criminal justice purposes. 10. The SAO 18 will maintain any information obtained from the WSPD in a secure place,and will destroy records containing such information in compliance with all applicable federal and state laws. 11. All CJIS data transmitted over any public network segment must be encrypted as required by the FBI CJIS Security Policy. 12. To the extent provided by the laws of Florida,the SA018 agrees to be responsible for the violations, negligent acts or omissions of its personnel arising out of or involving any information contained in, received from, entered into or through the receipt of the records. 13. The SA018 must ensure all devices with connectivity to the CJI employ virus protection software and such software shall be maintained in accordance with the software vendor's published updates; and will promptly and fully patch Windows and other software present on all such devices, after any necessary testing, upon such patches becoming available. 14. CJI may only be accessed via computers or interface devices owned by the SAO 18 or contracted entity. Personally owned devices shall not be authorized to access, process, store, or transmit CJI. Vendors under contract with the SA018 may be allowed access provided all requirements of the FBI CJIS Security Addendum are complied with and member security training is current as required by the FBI CJIS Security Policy_ 15. All policies, procedures and operating instructions contained in the FBI CJIS Security Policy are hereby incorporated into and made a part of this agreement,except to the extent that they are inconsistent herewith or legally superseded by higher authority. 16. The SAO 18 will have a written policy for discipline of personnel who access CJI via the WSPD records for purposes that are not authorized, disclose information to unauthorized individuals or in an unauthorized manner,or violate CJIS rules, regulations or operating procedures and will provide a copy of that policy to the WSPD for its records. 17. The SAO 18 staff and WSPD personnel shall submit instances of violations to the proper point of contact within the SA018 for follow-up. 18. The WSPD will provide a the SA018 a complete list of users that require access to the SFTP site and will notify the SAO 18 if any changes in personnel occur. 19. The SAO 18 and WSPD have an obligation to report instances of misuse to the FDLE for follow up of applicable investigation and applicable discipline in compliance with the FBI CJIS Security Policy. 20. The WSPD reserves the right to deny CJI or related records to any individual based on valid, articulable concerns for the security and integrity of CJIS and related programs/systems information. 21. Either party may terminate this agreement upon thirty (30) days written notice. This agreement constitutes the entire agreement of the parties and may not be modified as amended without written agreement executed by both parties. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper officers and officials. State Attorney's Office,181h Judicial Circuit 7/ /a Agency Head(State Attorney) Date City of Winter Springs Shawn Boyle,City Manager 7 Agency Head(Title) Date t Signature