Resolution No. 2016-23 Interlocal Agreement with Miami-Dade County for Automated Fingerprint Identification System - April 5, 2016 RESOLUTION NO. 2016-23
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO AN INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF AVENTURA
AND MIAMI-DADE COUNTY RELATING TO USE OF THE AUTOMATED
FINGERPRINT IDENTIFICATION SYSTEM (AFIS); AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT
THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN
EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized on behalf of the City of
Aventura to execute and otherwise enter into an Interlocal Cooperation Agreement
between the City of Aventura and Miami-Dade County relating to the use of the
Automated Fingerprint Identification System (AFIS), in substantially the form as
attached hereto.
Section 2. The City Manager is hereby authorized to do all things necessary
and expedient in order to effectuate the execution of the attached Agreement described
in Section 1 above, and to carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon adoption.
The foregoing resolution was offered by Commissioner Weinberg, who moved its
adoption. The motion was seconded by Commissioner Holzberg, and upon being put
to a vote, the vote was as follows:
Commissioner Enbar Cohen Yes
Commissioner Teri Holzberg Yes
Commissioner Denise Landman Yes
Commissioner Marc Narotsky Yes
Commissioner Howard Weinberg Yes
Vice Mayor Robert Shelley Yes
Mayor Enid Weisman Yes
PASSED AND ADOPTED this 5th day of April, 2016.
City of Aventura Resolution No. 2016-23
ENID WEISMAN, MAYOR
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ATTEST:
ELLISA L. HOR , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
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CITY ATTORNEY
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INTERLOCAL COOPERATION AGREEMENT
BETWEEN MIAMI-DADE COUNTY AND
THE CITY OF AVENTURA
AUTOMATED FINGERPRINT IDENTIFICATION SYSTEM (AFIS)
This Agreement is entered into by and between Miami-Dade County (MDC), a political
subdivision of the State of Florida, (hereinafter referred to as the County), and its police
department, the Miami-Dade Police Department (hereinafter referred to as the MDPD), and the
City of Aventura, a municipal corporation organized and existing under the laws of the State of
Florida and located in Miami-Dade County (hereinafter referred to as the Agency), and its police
department, the Aventura Police Department, hereinafter referred to collectively as the Parties.
WHEREAS, the County and the Agency both desire to provide their citizens with the
best possible use of the Automated Fingerprint Identification System (AFIS); and
WHEREAS, the MDPD operates an AFIS, which allows the Agency to electronically
send fingerprints and palm prints to the AFIS for purposes of criminal and/or civil identification;
and
WHEREAS, the Agency desires access to the AFIS as an integral component of
identifying print evidence recovered from crime scenes and for the identification of subjects in
custody operated by the MDPD and supported by the Forensic Services Bureau (FSB); and
NOW, THEREFORE, BE IT KNOWN that Miami-Dade County and the Agency, in
consideration for mutual promises and covenants contained herein, agree to fully and faithfully
abide by and be bound by the following terms and conditions:
1. PURPOSE
The County shall provide the Agency access to the MDPD AFIS. The Agency's users shall be
given written permission to electronically submit fingerprint and/or palm print searches against
the MDPD AFIS. Fingerprint and palm print search results will be sent back from the MDPD to
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the Agency to facilitate the Agency's investigations and other law enforcement related activities
requiring the use of the MDPD AFIS for such purposes as biometric information, criminal justice
information, and criminal history information.
2. AFIS SERVICES
The MDPD Fingerprint Identification Section (FIS) is located within the Forensic Services
Bureau (FSB) at MDPD Headquarters and is responsible for the criminal and civil identification
of individuals through fingerprint and palm print identification services. The FIS is comprised of
the Master File Unit, AFIS Unit, and Latent Unit and serves as the central site for the AFIS in the
County. The AFIS captures, searches, and stores ten-print, palm print, and latent print minutiae
and images, critical in identifying individuals who have been arrested and are associated with
evidence recovered at crime scenes. Currently, the AFIS is connected and interfaced with many
county entities including all MDPD District Stations, MDC Corrections and Rehabilitation
Department, MDC Juvenile Services Department, and other state and local law enforcement
agencies, such as the Florida Department of Law Enforcement (FDLE), the Aventura Police
Department, the Hialeah Police Department, the Miami Police Department, the Miami Beach
Police Department, and the Miami Gardens Police Department.
3. RESPONSIBILITIES OF THE AGENCY
The Agency agrees to:
A. Coordinate with the MDPD and the Miami-Dade County Information Technology
Department to determine the requirements for the Agency to acquire AFIS Services from
the MDPD;
B. Purchase equipment to operate independent AFIS computer terminals or livescans to
access the MDPD AFIS. The purchase, installation, operation and maintenance of this
equipment will be at the expense of the Agency. This includes all costs associated with
the AFIS services such as necessary equipment, AFIS network connectivity, and re-
occurring costs (i.e. maintenance);
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C. Assign a coordinator to serve as the primary contact person for the Agency use of AFIS.
The Agency also agrees to notify the MDPD AFIS Supervisor immediately, in writing, of
any changes to this primary contact person;
D. Comply with all applicable federal, state, and local laws, regulations, rules and
procedures deemed applicable by the County and the MDPD to access the AFIS and to
operate the AFIS equipment. This includes any requirements set forth by the AFIS
vendor MorphoTrak;
E. Provide the MDPD Fingerprint Superintendent with necessary documentation for all
Agency AFIS Users to determine eligibility and approve access to AFIS. For all Agency
AFIS Users, this includes, but is not limited to, a resume, fingerprint training certificates,
certification from the International Association for Identification (if applicable), and other
requirements as may be necessary. Also, Agency AFIS Users are required to submit
their fingerprints for search and retention in the MDPD AFIS database. Users who do not
meet the stated qualifications will not be allowed access to AFIS;
F. Retain and store individual AFIS user personal access code(s) from the MDPD AFIS
Supervisor in a secure manner and immediately notify the MDPD Fingerprint Supervisor
of any loss of assigned personal access codes which may compromise the integrity of
the AFIS;
G. Comply with MDPD requirement that MDPD authorized Agency AFIS Users are
prohibited from allowing their AFIS user access code to be used by other personnel,
including outside contractors;
H. Send only criminal/civil biometric searches over and through the AFIS networks;
I. Submit the best available quality of fingerprint and palm print images for search and/or
retention in the MDPD AFIS database;
J. Ensure that anti-virus software is installed on AFIS equipment and maintain and update
such software with current virus definitions;
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K. Comply with the National Crime Information Center policies and other applicable rules
and agreements that palm print and fingerprint minutiae and images and related criminal
justice information are for the purpose of criminal justice identification only.
4. RESPONSIBILITIES OF THE COUNTY
A. The County, by and through the MDPD FSB, agrees to:
1. Provide the Agency with electronic access to the MDPD AFIS for the purpose of
Criminal Justice Identification only;
2. Provide the Agency with biometric information, criminal justice information, or
criminal history Information, as defined in Florida Statutes, Chapter 943, as relates to
fingerprint and palm print searches conducted through the MDPD AFIS;
3. Provide the Agency with AFIS user personal access codes for approved users. The
MDPD Fingerprint Superintendent will approve Agency AFIS user access in writing
and in accordance with Section 3, Letter E (Agency AFIS user(s) documentation);
4. Notify the Agency in writing of deleted fingerprint and palm print images from the
MDPD AFIS database. Reasons for image deletion, include, but are not limited to,
poor quality fingerprints and/or palm prints, expired statute of limitations, and storage
capacity.
5. Notify the agency of any scheduled AFIS interruptions of service, such as for AFIS
maintenance.
5. PROTECTION OF AFIS INFORMATION
The Agency agrees that only MDPD authorized Agency AFIS users will access the AFIS,
including taking appropriate administrative measures to protect this access, and ensuring that
AFIS information, such as biometric information, criminal justice information, and criminal history
information, will be disseminated only for law enforcement purposes in accordance with Florida
Statutes, Chapter 943.
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6. PREVAILING MIAMI-DADE POLICIES
This Agreement shall be construed in accordance with the current MDPD Forensic Services
Bureau policies and procedures governing the AFIS.
7. FORCE MAJEUR AND WARRANTIES
The County and the MDPD shall not be responsible for interruptions of system service due to
forces of nature, war, manmade disasters or other such acts beyond the control of the County
and the MDPD. The County makes no warranties, expressed, or implied, including without
limitation, any implied warranty of merchantability or fitness for a particular purpose to the
Agency in connection with the Agency's use of service. The Agency acknowledges that service
disruption will occur from time to time and agrees to hold the County and the MDPD harmless
for all such disruptions.
8. INDEMNIFICATION
Each party to this Agreement agrees to assume responsibility for the acts, omissions, or
conduct of such party's own employees while participating herein and pursuant to this
Agreement, subject to the provisions of Section 768.28, Florida Statutes, where applicable.
"Assume Responsibility" shall mean incurring any and all costs associated with any suit, action,
or claim for damages arising from the performance of this Agreement.
9. NON-ASSIGNABILITY
Neither party shall assign any of the obligations or benefits of this Agreement.
10. TERM
This Agreement shall become effective on the date of execution by all parties, and unless
terminated or cancelled on an earlier date, will expire on September 30, 2020. This Agreement
may be formally renewed for a maximum of two (2) additional successive five (5) year terms.
11. CANCELLATION
This Agreement may be cancelled by either party upon providing thirty (30) days written notice
to the other party. Cancellation will be at the discretion of the parties; in the case of Miami-Dade
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County, the Police Director and County Mayor or the Mayor's designee are authorized to cancel
this Agreement.
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AGREED TO AND ACKNOWLEDGED this J 4.171/day4.171/ i I , 24'5
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their respective and duly authorized officers on the day and year written above.
MIAMI-DADE COUNTY
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Carlos A. Gimenez, Mayor �gte
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VJ.D. •attain, I . •r Date
Miami-Dade Police Department
ATTEST:
Harvey Ruvin, County Clerk Date
Miami-Dade County, Florida
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
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Matthew Papkin Date
Assistant County Attorney
Miami-Dade County, Florida
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CITY OF AVENTURA
Eric M. Soroka, City Manager Date
City Manager
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Steve Steinberg, Chief
Aventura Police Department Date
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