R93-137RESOLUTION NO.~F~-/~
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE A PALMS,
FCIC, NCIC USER AGREEMENT BETWEEN RICHARD P.
WILLE, SHERIFF OF PALM BEACH COUNTY, FLORIDA
AND THE CITY OF BOYNTON BEACH POLICE
DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Richard P. Wille, Sheriff of Palm Beach County,
Florida (Sheriff) maintains and operates the Palm Beach Automated
Law Enforcement Management System, (PALMS); and
WHEREAS, the Sheriff has entered into an Agreement with the
Florid Department of Law Enforcement providing the Sheriff with
rapid access to both intrastate and interstate criminal justice
information through the Florida Crime Information Center (FCIC),
and the National Crime Information Center (NCIC); and
WHEREAS, it is hereby agreed that the Sheriff will provide
access to the PALMS, FCIC, and NCIC system to the City of Boynton
Beach upon the terms and conditions of the Agreement attached
hereto as Exhibit "A".
NOW, THEREFORE. BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The Mayor and City Clerk are hereby authorized
and directed to execute the attached Agreement (Exhibit "A")
between Richard P. Wille, Sheriff of Palm Beach County, Florida and
the City of Boynton Beach - Police Department.
Section 2. This Resolution shall take effect immediately
upon passage.
PASSED AND ADOPTED this "~ day of September, 1993.
CITY OF BOYNTON BEACH,
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FLORIDA
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ATTEST:
(Corporate Seal)
Palms.BBPD
8/25/93
PALMS. FCIC. NCIC US~--~ &GREEMEI~T
THIS AGREEMENT, made and entered into this day of
Septembe~ , 199_~ by and between RICHARD P. WILLE,
SHERIFF OF PALM BEACH COUNT~, FLORIDA, hereinafter referred to as
"SHERIFF" and City of Boynton Beach - Police Department
hereinafter referred to as "USER".
WHEREAS, the SHERIFF maintains and operates the Palm
Beach Automated Law Enforcement Management System, hereinafter
referred to as "PALMS", which contains information relative to
crimes, criminals and criminal activity, and
WHEREAS, the SHERIFF has entered into an Agreement with
the Florida Department of Law Enforcement providing the SHERIFF
with rapid access to both intrastate and interstate criminal
justice information through the Florida Crime Information Center,
hereinafter referred to as "FCIC", and the National Crime
Information Center, hereinafter referred to as "NCIC", and
WHEREAS, the USER is a law enforcement agency within the
jurisdictional confines of Palm Beach County that requires rapid
access to criminal justice information available through PALMS,-
FCIC, and NCIC, and
WHEREAS, access to information compiled and stored by the
Clerk of the Court through a telecommunications system is operated
and provided for by the SHERIFF through the PALMS system,
IT IS HEREBY AGREED that the SHERIFF will provide access
to the PALMS, FCIC, NCIC system to the USER upon the following
terms and conditions:
1. The SHERIFF shall provide to the USER an
interface circuit through a telecommunications
system which allows access to the information
compiled and stored in the PALMS, FCIC, NCIC
systems.
2. The USER fully understands that the
information compiled and stored in the PALMS,
FCIC, NCIC systems cannot always
by the SHERIFF and is provided as
only to the USER by the SHERIFF.
3. The USER shall, at all times,
he verified
information
comply with
all applicable federal and state laws, rules,
regulations, policies, procedures and
interagency agreements relative to and
concerning the use of information forming the
basis of this Agreement.
4. The USER shall assume and be fully
responsible for certain fees or costs relative
to this Agreement.
5. The USER understands that the SHERIFF
shall retain total and complete control over
the management and operation of the
information and telecommunication system
forming the basis of this Agreement.
6. The' SHERIFF shall maintain the interface
circuit and/or equipment leased through the
SHERIFF by the USER. The SHERIFF shall
provide installation of an interface circuit
at the USER's location, if required.
~. The USER shall assume full responsibility
for the cost and fees relative to the
relocation and operation o6 the USER interface
circuit in the event
must be moved.
8. In the event
the interface circuit
the interface
circuit
malfunctions or becomes inoperable, the USER
shall provide immediate notice to the SHERIFF.
The SHERIFF will not be responsible in any way
for any inconvenience that may be caused by
the circuit malfunction.
9. The SHERIFF shal! provide written
notification of any system software changes
presumed to impact the USER prior to the
Implementation of the change.
10. The USER shall use and adhere to the
rules, regulations, policies, procedures and
interagency agreements established by FDLE for
access to the telecommunication system forming
the basis of this Agreement.
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11. The USER shall ensure the security of the
interface circuit and prevent an~ unauthorized
use.
12. The USER shall treat the information
obtained from the PALMS, FCIC, NCIC system in
a manner that conforms to all federal and
state laws and all federal, state and local
rules, regulations, policies, procedures and
interagency agreements relative to or
concerning the security and right of privac~
in such information.
13. USER shall provide a minimum of thirty
(30) da~s advance notice of any proposal to
add new equipment and/or relocate existing
equipment.
14. USER shall reimburse the SHERIFF for any
and ali costs directly or indirectly
associated with USER equipment and/or
transactions provided hy the SHERIFF. The
USER understands that there are costs
associated
and agrees
such costs.
15. The USER
harmless the
representatives
to accessing certain information
to reimburse the SHERIFF for any
shall indemnify and hold
SHERIFF and his agents,
and employees to the extent
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provided by Florida law for and against any
and all claims, demands, actions, lawsuits,
including but not limited to, any false arrest
or false imprisonment that results from the
use of information provided under this
agreement. Further, the USER shall indemnify
~nd hold harmless the SHERIFF for any loss,
cost, expense, attorney fees or other damages
arising out of or involving any negligent acts
or omissions of the USER or his agents
relating to the operation and use of the
equipment and information provided under this
agreement.
16. This Agreement may be terminated without
cause upon thirty (30) days prior written
notice.
ATTEST: /'~
RICHARD P. WILLE, SHERIFF
PALM BEACH COUNTY, FLORIDA
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ATTEST:
APP ED ~ FORM:
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CITY OF BOYNTON BEACH
Edward Harmening, ~or