HomeMy WebLinkAboutResolutions - 2004.12.09 - 27451REPORT (MISC. #04353) December 9, 2004
BY: Public Services Committee, Hugh D. Crawford, Chairperson
IN RE: MR #04 — INFORMATION TECHNOLOGY — CLEMIS — AGREEMENT
BETWEEN OAKLAND COUNTY AND THE MICHIGAN STATE POLICE
REGARDING MUGSHOT AND FINGERPRINT IMAGE AND DATA PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Public Services Committee, having reviewed the above-titled resolution on
November 30, 2004, reports with a recommendation that the resolution be adopted.
Chairperson, on behalf of the Public Services Committee, I move acceptance of
the foregoing report.
PUBLIC SERVICES COMMITTEE
Public Services Committee Vote:
Motion carried unanimously on a roll call vote.
MISCELLANEOUS RESOLUTION # 04353 December 9, 2004
By; General Government Committee. William R. Patterson, Chairperson
IN RE: INFORMATION TECHNOLOGY — CLEMIS — AGREEMENT
BETWEEN OAKLAND COUNTY AND THE MICHIGAN STATE POLICE
REGARDING MUGSHOT AND FINGERPRINT IMAGE AND DATA PROJECT
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the County and the Michigan State Police desire to develop and operate a
computerized information interface which will be designed to send and synchronize all
mugshot and fingerprint images and data processed by the Michigan State Police to the County;
and
WHEREAS the development and operation of the computerized information interface
will enable law enforcement agencies in Southeastern Michigan to provide better protection for
its citizens; and
WHEREAS the Oakland County Department of Information Technology, the Oakland
County Department of Corporation Counsel, and the Michigan State Police developed the
attached Agreement setting forth the terms and conditions governing the development and
operation of the computerized information interface; and
WHEREAS on October 21. 2004, the CLEMIS Advisory Board voted to approve the
attached Agreement and recommend that the County execute the attached Agreement; and
WHEREAS the Oakland County Board of Commissioners is required under the Urban
Cooperation Act of 1967 to approve the Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached Agreement and authorizes the Chairperson of the Board
of Commissioners to sign the Agreement.
BE IT FURTHER RESOLVED that a copy of the executed Agreement shall be sent to
the Secretary of State pursuant to the Urban Cooperation Act.
Chairperson, on behalf of the General Government Committee, I move the adoption of
the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
General Government Committee Vote:
Motion carried unanimously on a roll call vote.
INTERLOCAL AGREEMENT
between
MICHIGAN DEPARTMENT OF STATE POLICE
and
THE COUNTY OF OAKLAND
regarding
MUGSHOT & FINGERPRINT IMAGE & DATA PROJECT
Page 1 of 6
I. PURPOSE
The purpose of this Interlocal Agreement (Agreement) entered into pursuant to
the Urban Cooperation Act, 1967 (Ex Sess) PA 7, MCL 124.501 et seq, is to set
forth the terms and conditions between the Michigan Department of State Police
(MSP) and Oakland County (County), regarding the development and operation
of a computerized information interface. This interface will be designed to send
all mugshot and fingerprint records processed by the MSP to the County and will
provide for the synchronization of this information by the Parties. This
information includes arrest data, fingerprints, and photographs such as
mugshots, scars, marks and tattoos. This interface will not be provided to any
other agency without written notification from MSP to the County. On October
21, 2004, the Courts Law Enforcement Information Management System
(CLEMIS) Advisory Board, approved this Agreement and recommended that the
County execute this Agreement.
II. CONTINGENCIES
This Agreement is contingent upon the MSP, the County, and the participating
vendors designing, acquiring, and/or developing the hardware, software, and
programming necessary to create the information sharing interface and
synchronization process.
III. MSP RESPONSIBILITIES
The MSP agrees to seek funding to copy and convert all mugshot images
currently residing in the County image database to the MSP image database.
The MSP shall be responsible for completing the conversion and copying the
mugshot images currently residing in the County image database.
The County will provide a file to the MSP containing all front and side mugshot
images along with all associated record data. In addition to front and side
mugshot images, the MSP is capable of accepting images of scars, marks, and
tattoos and is interested in receiving these in the future from the County, if the
County image system is capable of providing them. Once the County file is
delivered to the MSP, any further data or image manipulation will be the
responsibility of the MSP.
Upon execution of this Agreement, the MSP shall allow the transfer of all criminal
mugshot images, fingerprint images, and related data collected through the
manual fingerprint or live scan arrest processes from all contributing law
enforcement agencies to the County via an electronic interface. It will be the
responsibility of the County to finance the creation of this interface. It will also be
the responsibility of the County to filter out any images they may have already
received.
Page 2 of 6
Criminal Justice Information Center (CJIC) staff will need to change some
processes to allow for the inclusion of Card Scan, or non-Live Scan, fingerprint
records. The MSP agrees to absorb the costs associated with these particular
program modifications, as well as other project related staff requirements, as
long as these duties do not create conflicts with existing duties and priorities.
The MSP agrees to cover all software maintenance costs associated with this
interface under the annual maintenance agreements beginning October 1 st,
2004. The interface will be subject to the same terms and conditions as the
SNAP system, which includes hours of support from 8:00 AM — 5:00 PM Monday
—Friday, excluding holidays.
The MSP also agrees to allow the transfer of record data and images currently
residing in the AFIS and SNAP systems to the County. It will be the
responsibility of the County to finance the copy and conversion of these records
and images.
The MSP agrees to provide a file to be used for expungement synchronization
purposes. It will be the responsibility of the MSP to periodically audit the County
systems to ensure compliance with the synchronization process.
IV. COUNTY RESPONSIBILITIES
The County agrees to create a mechanism by which all mugshot images
generated by its mugshot image stations are forwarded to the MSP.
Furthermore, all mugshot images will be submitted to the MSP pursuant to N1ST
"Best Practices" format. In addition, all mugshot images will be submitted to the
MSP as part of a NIST packet, comprised of a type 1,2,4, & 10 record. The
County shall be responsible for the completion of this task.
The County agrees to pay for the creation of a mechanism by which all criminal
fingerprint and mugshot images and related data processed by the MSP will be
transmitted to the County
The County agrees to pay for the copy and conversion of all NIST fingerprint
records currently residing in the AFIS system as well as mugshot images and
related data currently residing in the MSP SNAP system.
The County shall not to copy, sell, or disseminate the images or data received as
a result of this project to entities outside of CLEMIS. Law enforcement agencies
will have query access into the images and data, but will not have a local
replication beyond that of the County.
Page 3 of 6
The County understands that an operational interface problem stemming from
the MSP or the County could result in the shared directory for AF1S/SNAP
running out of disk space, which could result in records being purged prior to the
County receiving them In the event this should occur, the MSP shall use its best
efforts to provide the County with a duplicate copy of those records that were
purged.
The County shall use its best efforts to act as an image and data disaster
recovery site for the replicated information sources (AFIS & SNAP). In the event
that any or all the MSP systems would need to be restored, and all other means
of data restoration have been exhausted, the County would use its best efforts to
provide full copies of databases to the MSP or vendors working on the behalf of
the MSP. The MSP shall be responsible for all costs associated with the
restoration of any or all of the MSP systems.
The County agrees to synchronize the databases with the synchronization files
provided by the MSP within 72 hours of receipt of the files. The County will
conduct self-audits as well as allow the MSP to periodically audit systems to
ensure compliance with the synchronization process.
V. JOINT RESPONSIBILITIES
It is of the utmost importance that all data and images shared through any of
these proposed interfaces be synchronized with the Michigan Criminal History
Record (CHR) database through an automated process. These updates include,
but are not limited to, the sealing or expunging of records. Both parties will be
involved in periodic audits to validate the synchronization process.
A mutually agreed upon timeline for the transfer of mugshot and fingerprint
records will be developed after all vendor quotations and design documents have
been completed, collected, and reviewed.
The Parties shall abide by all State and Federal rules, laws, and policies as they
pertain to the use and dissemination of this information. Violations may result in
the termination of this Agreement and interfaces created as a result of this
project.
The Parties will ensure that all vendors and staff working on this project have
passed appropriate background checks (including fingerprints).
VI. PROBLEM MANAGEMENT AND ESCALATION
If either Party is dissatisfied or seeks resolution to an issue or conflict stemming
from this Agreement, the concerned Party should contact the other Party's
representative designated as the point of contact. If the points of contact do not
satisfactorily resolve the issue, or a mutual resolution cannot be reached, the
issue will be elevated to the CLEMIS Manager and the MSP Director's Designee.
Page 4 of 6
VII. REPRESENTATIVES
The Michigan Department of State Police designates the Director of the Criminal
Justice Information Center as the representative who shall be the official point of
contact for all matters pertaining to this Agreement, and to whom all notices and
other communications shall be directed,
The County designates Lieutenant Kim Rossman as the representative who shall
be the official point of contact for all maters pertaining to this Agreement.
VIII. EXPIRATION/MODIFICATION/TERMINATION/EXTENSION
This Agreement shall remain in effect for one year following the date of execution
and shall be automatically extended for additional one-year periods thereafter,
unless terminated as provided herein. The effectiveness and benefits of this
Agreement shall be reviewed annually. This Agreement may be terminated as
follows: (1) during the annual review, (2) at any other time mutually agreeable to
both Parties, or (3) by either Party upon giving sixty (60) days written notice to
the other Party.
Any changes to this Agreement shall be in writing and approved by both Parties.
IX. EFFECTIVE DATE
This Agreement will become effective on the latter of the two dates listed on the
signatory page.
X. LIABILITY
Each Party shall be responsible for its own acts and the acts of its employees
and agents, the costs associated with those acts, and the defense of those acts.
XI. RESERVATION OF RIGHTS
This Agreement does not and is not intended to impair, divest, delegate, or
contravene any constitutional, statutory, and/or other legal right, privilege, power,
obligation, duty, or immunity of the Parties.
XII. FINANCIAL RESPONSIBILITIES
Except as expressly provided in this Agreement, the County and CLEMIS
Participants shall not be responsible for any fees or costs relating to the transfer
of or access to criminal arrest records, including but not limited to, arrest data,
fingerprints, photographs, and mugshots, processed by, transferred from, or
received by the MSP and transferred to the County through the interface created
as a result of this project.
Page 5 of 6
XIII. SEVERABILITY
If a court of competent jurisdiction finds a term or condition of this Agreement to
be illegal or invalid, then the term or condition shall be deemed severed from this
Agreement. All other terms, conditions, and provisions of this Agreement shall
remain in full force.
XIV. GOVERNING LAWS
This Agreement shall be governed, interpreted, and enforced by the laws of the
State of Michigan.
XV. ENTIRE AGREEMENT
This Agreement represents the entire agreement and understanding between the
Parties. This Agreement supercedes all other oral or written agreements
between the Parties.
The signatories warrant that they are authorized to execute this Agreement on
behalf of their respective organizations.
MICHIGAN DEPARTMENT OF COUNTY OF OAKLAND
STATE POLICE
Thomas A. Law, Chairperson
Col. Tadarial J. Sturdivant, Oakland County Board of
Director Commissioners
Michigan Department of State
Police
Date:
Date:
Witness
Date:
Page 6 of 6
2-4/dif
Resolution #04353 December 9, 2004
Moved by Bullard supported by Coulter the resolutions on the Consent Agenda, as amended, be adopted
(with accompanying reports being accepted).
AYES: Coulter, Crawford, Douglas, Gregory, Hatchett, Jamian, Knollenberg, KowaII, Law, Long,
McMillin, Moffitt, Moss, Palmer, Patterson, Potter, Rogers, Scott, Suarez, Wilson, Zack, Bullard.
(22)
NAYS: None. (0)
A sufficient majority having voted therefore, the resolutions on the Consent Agenda, as amended, were
adopted (with accompanying reports being accepted).
I HEREBY APPROVE THE FORME RESOLUTION
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on
December 9, 2004 with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 9th day of December, 2004.
G. William Caddell, County Clerk