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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, / ? FLORIDA ~r 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. 3 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 4 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 7 ! ATTEST: APP ED ~ FORM: ? 5 CITY OF BOYNTON BEACH Edward Harmening, ~or