HomeMy WebLinkAboutReso 2022-3323RESOLUTION NO. 2022 - "
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH,
FLORIDA, APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF SUNNY ISLES BEACH AND THE PINELLAS COUNTY SHERIFF'S OFFICE FOR
THE USE OF THE FLORIDA FACIAL RECOGNITION NETWORK, ATTACHED HERETO
AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
MEMORANDUM OF UNDERSTANDING, AND TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Pinella's County Sheriff's Office maintains and exclusively hosts Florida's
Facial Recognition Network ("FR -Net"); and
WHEREAS, FR -Net provides facial biometric search capabilities, subject information, face
image comparison tools, training for facial recognition search, and face image analysis methods
and best practices; and
WHEREAS, the City of Sunny Isles Beach's ("City") Police Department currently utilizes
FR -Net as a tool to generate investigative leads on criminal cases; and
WHEREAS, this Memorandum of Understanding will allow the City's Police Department
to remain in compliance with the Florida Department of Law Enforcement Criminal Justice
Information Software requirements; and
WHEREAS, the City Commission wishes to approve a Memorandum of Understanding
with the Pinella's County Sheriff's Office for the use of the Florida Facial Recognition Network,
attached hereto as Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approval of Memorandum of Understanding. The City Commission hereby
approves a Memorandum of Understanding with the Pinella's County Sheriff's Office for the use
of the Florida Facial Recognition Network, attached hereto as Exhibit "A".
Section 2. Authorization of City Manager. The City Manager is hereby authorized to
execute said Memorandum of Understanding, and to do all things necessary to effectuate this
Resolution.
Section 3. Effective Date. This Resolution will become effective upon adoption.
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PASSED AND ADOPTED this 191h day of May 2022.
Iu
Madricio Bejancur, CMC, City Clerk
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Dana o in Goldman, Mayor
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
ac'&9'--�
Edward A. Dion, City Attorney
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Moved by:IV ,'' Seconded by: � %� �1 ", /' �� e- i
Vote:
Mayor Goldman Yes) (No)
Vice Mayor Viscarra (Yes) (No)
Commissioner Joseph (Yes) (No)
Commissioner Lama (Yes) (No)
Commissioner Stuyvesant" (Yes) (No)
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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 City of Sunny Isles Beach
Police Department (referred to herein as "Partner" or "Partner Agency"), establishes a
relationship between Sheriff and Partner under which the Sheriff will grant access and/or obtain
data for inclusion in Florida's Facial Recognition Network (FR -Net), hosted by the Pinellas County
Sheriff's Office.
WHEREAS, the Pinellas County Sheriff's Office maintains 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 facial recognition (FR) search, and face
image analysis methods and best practices via CJNET to authorized Florida law enforcement
agencies; and
WHEREAS the Partner Agency seeks access to and/or to provide data for inclusion in FR -
Net; and
WHEREAS The Partner Agency and all Agencies with access have been authorized to
access and/or receive Criminal Justice Information and have current agreements with the FDLE
and/or the FBI and all must adhere to the requirements set forth via the FBI CAS Security Policy
to include the security of the data and information as well as the exchange of any such data or
information; and
WHEREAS, the Partner Agency understands that the system contains Criminal Justice
Information that is entered by the Sheriff and/or other Partner Agencies and all exchange and
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collaboration of information utilized by the Partner, that is derived from this system and the -
Agencies the information is entered by, agree to the consent of the exchange of data and
information by and between all Partner Agencies.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree as follows:
1. Sheriff and Partner Agency agree this MOU applies to the following (check only one):
❑ Partner will contribute mugshot data to the Face Analysis Comparison & Examination System
Next (FACESNXT) system, but will NOT have access to search FACESNXT - Exhibit A - the Mugshot
Data Addendum contains additional terms the Parties agree (Exhibit B expressly does not apply);
Partner will have access to search FACESNXT, but will NOT contribute mugshot data - Exhibit
- the Search Addendum contains additional terms the Parties agree; or
❑ Partner will contribute mugshot data AND will have access to the FACESNXT system — both
Exhibits A and B apply.
2. 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 4 of this MOU.
3. Continuitv of Operations
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.
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4. 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 6.
B. If Partner breaches this agreement, this MOU may be terminated immediately by
Sheriff, with the termination effective upon receipt of written notice by Partner.
5. Liability and Defense of Legal Actions
A. Sheriff agrees to indemnify and hold Partner, its employees and agents,
harmless to the extent permitted by Florida law from any liability, losses,
damages, judgments, liens, expenses and costs sustained or incurred in
connection with any claims, suits, actions or proceedings made or brought
against any such party as a result of any negligent acts or omissions of
Sheriff, its employees or agents, in the performance of its obligations
under this MOU.
B. Partner agrees to indemnify 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 or incurred in
connection with any claims, suits, actions or proceedings made or brought
against any such party as a result of any negligent acts or omissions of
Partner, its employees or agents, in the performance of its obligations
under this MOU.
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6. Proiect Contacts
Sheriff:
Partner:
7. Approval
PARTNER
EnNAAn sAw rr"o
eWre,- /�e /Nc lc
City of Sunny Isles Beach
Date -711/ L-t�
4
Jacob Ruberto
Biometric Operations Analyst
Pinellas County Sheriff's Office
10750 Ulmerton Road
Largo, FL 33778
(727) 453-7893
iruberto@pcsonet.com
Technical Point of Contact
Humberto Martinez
Assistant CIO
18070 Collins Avenue
Sunny Isles Beach, FI 33160
305-947-4440
HMartinez@sibfl.net
Business/Auditing Point of Contact
Michael Mulvey
Police Lieutenant
18070 Collins Avenue
Sunny Isles Beach, FL 33160
305-947-4440
MMulvey@sibpd.net
SHERIFF
Bob Gualtieri,
Sheriff, Pinell ounty
BY'
Date Z 2
Exhibit A - MUGSHOT CONTRIBUTION ADDENDUM
Additional Sheriff's Obligations
1. To integrate the Partner's mugshot data into the FACESNXT system and to
facilitate regular transfer of new data.
2. To provide self -paced online training information for selected members of Partner's
agency to register as new users to FACESNXT.
3. Provide the Partner with access to the FACESNXT application after successful completion
of the FACESNXT online training materials and demonstrated competency with the FR
process.
4. To develop and provide connectivity protocols and user documentation to the
Partner to ensure the lawful and proper use of FACESNXT.
Additional Partner Obligations
1. Partner agrees to provide Sheriff its existing mugshot images for integration into
the facial recognition system.
2. Partner agrees to grant PCSO and all participating federal, state and local
agencies access to their existing mugshot images enrolled in the facial
recognition system.
3. Partner is responsible for maintaining and updating the status of sealed and expunged
records for their agency in compliance with Chapter 943, Florida Statutes. Sheriff is
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responsible for providing connectivity protocols and documentation for Partner to
comply with the responsibility of sealing and expunging records.
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Exhibit B — SEARCH ADDENDUM
Additional Sheriff's Obligations
1. 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 Next (FACESNXT).
2. To provide self -paced online training information for selected members of Partner's
agency to register as new users to FACESNXT.
3. Provide the Partner with access to the FACESNXT application after successful
completion of the FACESNXT online training materials and demonstrated competency
with the FR process.
4. To develop and provide connectivity protocols and user documentation to the Partner
to ensure the lawful and proper use of FACESNXT.
Additional Partner Oblieations
1. All Partner personnel must successfully complete the FACESNXT Online training
prior to using FACESNXT.
2. Partner must have written standard operating policies and procedures for the
proper usage of facial recognition and have protocols for monitoring to ensure
proper usage of the system. Partner must submit its written policy to Sheriff within
90 days of signing this agreement and the written policy must minimally contain
the requirements contained in this agreement. More specifically, the policy shall
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contain a provision instructing Partner's users that FACESNXT is an investigative
tool and any law enforcement action taken based on a submission to FACESNXT
shall be based on Partner's personnel's own identity determination and not solely
the results of a FACESNXT search. Partner further agrees that failure to submit its
written policy within the 90 day period is a breach of this agreement and will result
in immediate termination of Partner's use of the FACESNXT system.
3. Partner agrees the FACESNXT application is for criminal justice purposes only and
not for public use or dissemination. Use for any purpose otherthan criminal justice
purposes will result in immediate termination of the MOU and immediate loss of
access to FACESNXT.
4. The Partner agrees FACESNXT results are strictly investigative leads to assist with
subject identification and/or verification.
5. The Partner agrees their personnel accept responsibility for identity adjudication
and take law enforcement action based upon their own identity determination.
6. Partner agrees that it will only allow its employees to register as Users and further
agrees that Partner shall immediately inactivate its user's access/permissions,
following separation, or negligent, improper, or unauthorized use or
dissemination of any information. If Partner is unable to update the
access/permissions themselves, Partner shall notify Sheriff immediately to
inactivate.
7. Partner shall update its user's access/permission upon reassignment of users
within five (5) business days of the reassignment. If Partner is unable to update
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the access/permissions themselves, notification of a need for change in a user's
access/permissions shall be made to Sheriff within five (5) business days.
8. Partner agrees to participate in project related evaluations to determine the
effectiveness of the FACESNXT application.
9. Auditing
A. Partner agrees to provide the name, email address, telephone number,
and address for the person(s) designated as the Agency Administrator and shall
notify Sheriff within ten (10) calendar days of any changes in person(s) or contact
information assigned to this role.
B. Partner agrees to respond to Sheriff within five (5) business days of any
users who are no longer authorized to use the facial recognition system if provided
with a list of users.
C. Partner agrees to respond to audit inquiries made by Sheriff within ten (10)
business days. These inquiries may include, but are not limited to, substantiation
of valid case numbers used for searches or substantiation that searches were
conducted for law enforcement purposes.
D. Partner agrees to monitor their own agency activity and must notify Sheriff
in writing of any unusual activity, including but not limited to, unauthorized access
to the system, searches conducted not in compliance with this agreement, any
images searched that are not images of a human face, or searches of celebrity
images not related to a valid case number. The written notification shall provide
the username, date, time, case number, and any other information that may aid
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Sheriff to audit the unusual activity. Sheriff agrees to respond in writing to
receipt of notification within one (1) business day, and within 15 business days
with a response on corrective measures that shall be implemented.
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�'i • FCO 4�
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
(305) 947-0606 City Hall
(305) 949-3113 Fax
MEMORANDUM
TO: Honorable Mayor and City Commissioners
VIA: Stan Morris, City Manager
FROM: Edward Santiago, Chief of Police
DATE: May 19, 2022
RE: MOU with Pinellas County Sheriffs Office for Use of Florida's Facia
Recognition Network (FR -Net)
RECOMMENDATION:
Staff recommends approval of this Resolution.
REASONS:
The City of Sunny Isles Beach Police Department utilizes numerous investigative tools to combat crime
One tool used frequently by investigators is the Florida Facial Recognition Network created by the
Pinellas County Sheriff's Office. The database provides facial biometric recognition search capabilities
and face image analysis methods to authorized law enforcement agencies. This MOU will allow oui
investigators to continue their use of the database in an effort to generate investigative leads on
criminal cases will remaining compliant with FDLE CJIS requirements.
ATTACHMENTS:
Resolution
Memorandum of Understanding
Item Number: 10.0
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