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HomeMy WebLinkAboutItem 05 Consideration of Data Sharing Consortium Agreement AGENDA ITEM COVER SHEET Meeting Date: February 1 , 2005 Item # 5 -- Contact Name: Contact Number: S. Goclon x3027 Reviewed By: Department Director: City Manager: ,"" fJ hi . --:A" 1/ I v Subject: Background Summary: Cooperative Research Agreement for the Public Safety Technology Center at the University of Central Florida (Data Sharing Consortium). This agreement allows member agencies to have access to police computer files of its fellow members. The information can be used to prevent and solve crimes. Issue: Should the Honorable Mayor and Board of City Commissioners approve the Cooperative Research Agreement between the Public Safety Technology Center at the University of Central Florida and the Ocoee Police Department and authorize $1699.67 to be transferred from account 001-521-00-6405 to pay for the first year's (prorated) portion for the annual membership costs to UCF as the sole source provider of this program. Recommendations It is recommended that the Honorable Mayor and Board of City Commissioners approve the Cooperative Research Agreement between the Public Safety Technology Center at the University of Central Florida and the Ocoee Police Department and authorize $1699.67 to be transferred from account 001-521-00-6405 to pay for the first year's (prorated) portion for the annual membership costs to UCF as the sole source provider ofthis program. Attachments: Cooperative Research Agreement Letter to Orlando Sentinel from State Representative Frank Attkisson Article by Larry Greenemeier from Information Week Financial Impact: $1666.67 for February 1,2005 through September 30,2005 (the first year) and $2500.00 each year for years 2 and 3. The agreement was reviewed by Foley and Lardner on 1-14-05. Type of Item: (please mark with an "x'J Public Hearing _ Ordinance First Reading Resolution _ Commission Approval Discussion & Direction _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) N/A N/A N/A City Manager Robert Frank Commissioners Danny Howell. District 1 Scott Anderson. District 2 Rusty Johnson, District 3 Nancy J. Parker, District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Steven J. Goclon DATE: January 24, 2005 RE: Data Sharing Consortium Membership ISSUE Should the Honorable Mayor and Board of City Commissioners approve the Cooperative Research Agreement between the Public Safety Technology Center at the University of Central Florida and the Ocoee Police Department and authorize $1699.67 from account 6504 for the first year's (prorated) portion for the annual maintenance fee/membership costs to UCF as the sole source provider ofthis program. BACKGROUNDIDISCUSSION The Cooperative Research Agreement for the Public Safety Technology Center at the University of Central Florida (Data Sharing Consortium) allows member law enforcement agencies to have access to law enforcement computer files of its fellow members. The information can be used to prevent and solve crimes. The Public Safety Technology Center at the University of Central Florida developed this program as an answer to the law enforcement community's needs to share computer files and information. As there is no one standardized system, there are compatibility issues between the various law enforcement records management systems. The Public Safety Technology Center has developed a way for different systems to "speak" to one another allowing officers from one jurisdiction to obtain information from another jurisdiction's computers. UCF will maintain the software and hub needed to do this. Dozens of law enforcement agencies throughout the State of Florida belong to this consortium. It has received praise and support from lawmakers and industry professionals and is being considered as a model for the rest of the nation. The Honorable Mayor and Board of City Commissioners approved the purchase of the server required to become part ofthis consortium in the FY2004/2005 budget. The amount authorized was $15,705. The server, software, and associated costs totaled $l3,273.76, leaving $2431.24. It is requested that $1699.67 from the remaining $2431.24 be authorized to pay for the annual maintenance fee/membership costs to UCF as the sole source for this program. The term of this Agreement is from February 1,2005 through September 30, 2007. Thereafter, the Ocoee Police Department will be asked to renew for an additional three (3) years. COOPERA TIVE RESEARCH AGREEMENT FOR THE PUBLIC SAFETY TECHNOLOGY CENTER This Agreement is made this ~ day of Fehru9r}' , 2005 by and between the University of Central Florida, acting for and on behalf of its Board of Trustees, located at 12443 Research Parkway, Ste. 207, Orlando, Florida 32826 (hereinafter called "UNIVERSITY") and the Ocoee Police flep9rtment , haying an office located at 17~ N. Bluford Ave. Ocoee, F1. (hereinafter called "AGENCY"). A. Overview of the PI TRT ,Jr SAFETY TECHNOT ,OGY CENTER The UNIVERSITY and the AGENCY desire to join together in a cooperative effort to support the PUBLIC SAFETY TECHNOLOGY CENTER (hereinafter called "CENTER") at the UNIVERSITY's Orlando, Florida campus. The goal of the CENTER aims to (1) establish a consortium of criminal justice agencies that will participate in a cooperative manner to address critical technology requirements and coordinate cost-effective solutions; (2) foster inter-agency technology development and application coordination; (3) develop software and networking solutions to allow the inter-jurisdictional sharing of information such as: pawn data, field interrogation card data, and other data sets related to public safety; and (4) develop an operational prototype data-sharing model that can be used for regional, state, and nationwide implementation. The CENTER will be operated by certain faculty, staff, and students of the UNIVERSITY. The CENTER will be supported by local and state law enforcement agencies and the UNIVERSITY. UNIVERSITY and/or each sponsoring AGENCY shall be free to conduct its own research in the CENTER and no result of such research shall be affected by this Agreement. B. Sponsorship Any AGENCY, interested party, or any research and development organization, may, by signing a similar Agreement, become a sponsor of the CENTER consistent with applicable state and federal laws and University policies. Each AGENCY will sign a similar Agreement of like form and content to this Agreement. To ensure that all AGENCIES are treated alike, the UNIVERSITY agrees that no major modifications or alterations will be made to this Agreement unless a majority of the signatory AGENCIES consent to such changes. In accordance with the fee schedule as identified in the CENTER's Operational Plan, AGENCY agrees to contribute $1666.67 for the first year and $2500.00 9nnually for years 2 and 3 in support of the CENTER and thereby becomes a sponsor. The results of CENTER research will be made promptly and equally ayailable to all sponsoring AGENCIES. Ownership of patents and copyrights of software that result from CENTER research will remain with UNIVERSITY, as per terms of this Agreement. Sponsoring AGENCIES have the option to contract with UNIVERSITY for individual research projects that are proprietary in nature. Separate research agreements will be negotiated for these proprietary projects, and said agreements will not be subject to the terms and conditions of this Agreement. 1 C. Steerine rommittee There will be a Steering Committee (COMMITTEE) for the CENTER composed of two representatives from each sponsoring AGENCY. The COMMITTEE will make recommendations to the CENTER's Directors, Dr. Mike Reynolds and Dr. Ron Eaglin, concerning: (a) the research projects to be carried out by the CENTER, and (b) the apportionment of resources to these research projects. The final decision will rest with the CENTER's. Directors. D. Orl7lni7.ation The organization, operation, policies, and objectives of the CENTER will be specified in an Operational Plan, adopted by the UNIVERSITY and the BOARD. E. PlIhlicMions/ronficlentilllity UNIVERSITY reserves the right to publish in scientific journals the results of research under the CENTER. AGENCY, however, shall have the opportunity to review any paper containing results of the research CENTER, prior to publication of the paper, and shall have the right to request a delay in publication for a period not to exceed six months from the date of submission to AGENCY, provided that AGENCY makes a written request and justification for such delay within thirty (30) days from the date the proposed publication is submitted by certified mail to AGENCY. UNIVERSITY agrees to safeguard any confidential material and data supplied to it by AGENCY to the same extent it safeguards its own. F. Tntellectlllll Property 1. Background Technology All potentially patentable inventions considered as Background Technology that were developed by UNIVERSITY prior to the first AGENCY signing this Agreement are not part of this Agreement and are not available to sponsoring AGENCIES through this Agreement, except for specific licensing agreements to be approved by the UNIVERSITY. 2. Inventions Any inyention conceived or first reduced to practice in the course of research conducted by UNIVERSITY personnel in the CENTER shall be owned by the UNIVERSITY. Inventions which result from funding support from the United States Government, if any, shall be administered in accordance with federal patent law. 3. Software Software developed by PUBLIC SAFETY TECHNOLOGY CENTER may be copyrighted and owned by UNIVERSITY. AGENCY shall have a nonexclusive, nontransferable, non-commercial, royalty-free license, without right to sublicense, for all software developed by the CENTER, unless it is determined by the UNIVERSITY to place such software in the public domain. 2 4. Results of Research UNIVERSITY hereby grants to AGENCY a royalty-free, nonexclusive, non-commercial, perpetual, irrevocable license to use the results of the research produced by or for the UNIVERSITY under this Agreement. AGENCY shall have the right to use such results of the research in its own operations. Redistribution and resale shall be at the discretion of the consortium steering committee. G. Term and Termination The term of this Agreement is 2 ye9r~ (8) months, commencing on Fehrn9Q' 1 r 2005 and continuing through September 30, 2007. Thereafter, AGENCY will be asked to renew for an additional three (3) years. Either Party may terminate this Agreement at any time by giving ninety (90) days written notice to the other party, as outlined in Article L - Notices. After expiration of the ninety-day period, AGENCY shall not be liable for further financial support of the CENTER, nor will it receive any refund of monies previously paid. All rights and obligations provided herein to inventions, software, and the results of the research made prior to termination shall survive termination of this Agreement. If. Payment Payment of annual sponsorship fees shall be made in a lump sum for each year of sponsorship with the first year due and payable upon execution of this agreement. Subsequent yearly fees shall be due and payable in full 30 days following receipt of inyoice. In the event that an Agreement is executed during Year 2 or 3, as shown below, 30 days or more following the beginning of a fiscal year (October 1 - September 30), then annual sponsorship fees shall be due and payable on the date executed in the prorated amount according to the fee schedule as provided for in the CENTER's Operational Plan and the months remaining in that year: Year 1 Year 2 Year 3 February 1,2005 - September 30, 2005 (8 months total) October 1,2005 - September 30,2006 (12 months total) October 1,2006 - September 30,2007 (12 months total) Invoices for subsequent annual sponsorship fees shall be mailed to AGENCY as follows: Contact: Steven J. Goclon Address: 175 N. Bluford Ave. Ocoee, FL 34761 Checks from AGENCY should be made payable to University of Central Florida and mailed to: Kim Smith, Contract Administrator Office of Research 12443 Research Parkway, Suite 207 Orlando, Florida 32826 kim@mail.ucf.edu 3 I. Fiscal Manaeement UNIVERSITY shall maintain complete and accurate accounting records for the CENTER, in accordance with accepted accounting practices for institutions of higher education. These n~cords shaJl.be, available for inspection and review at reasonable times by AGENCY, or its duly authorized representative, for three (3) years following the end of UNIVERSITY's fiscal year (July I - June 30) in which such costs are incurred. J. Relationship of the Parties It is understood that the employees, methods, facilities and equipment of UNIVERSITY shall at all times be under its exclusive direction and control. UNIVERSITY's relationship to AGENCY shall be that of an independent contractor and nothing in this Agreement shall be construed to constitute UNIVERSITY, or any of its employees or officers, as an employee, agent, associate, joint venturer or partner of AGENCY. K. Warranties UNIVERSITY acknowledges that it has the right to establish and conduct the CENTER and, to the best of its knowledge, the activities hereunder do not conflict with any duties or obligations of UNIVERSITY to the U.S. Government, or other participants, or any third party. The UNIVERSITY makes no representations or warranties, expressed or implied, regarding its performance under this agreement, including, but not limited to, the marketability, use or fitness for any particular purpose of the research results deyeloped under this Agreement. UNIVERSITY is not liable for any direct, indirect, consequential, special or other damages suffered by Sponsor as a result of Sponsor's use of project results, reports, data, or deliverables. UNIVERSITY assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of UNIVERSITY and its officers, employees, servants, and agents thereof while acting within the scope of their employment by UCF. AGENCY assumes any and all risks of personal injury and property damage attributable to the negligent acts or omissions of AGENCY's officers, employees, servants, and agents, or other persons acting or engaged to act by AGENCY in furtherance of the obligations of AGENCY under this agreement. UNIVERSITY, as a state agency, warrants and represents that it is self-funded for liability insurance, both public and property, with said protection being applicable to officers, employees, servants, and agents while acting within the scope of their employment by UNIVERSITY. UNIVERSITY and AGENCY further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws ofthe State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity ofthe State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 4 L. Notices All notices shall be in writing and effective upon receipt, and shall be sent to the following _ addresses: UNIVERSITY: Kim Smith, Contract Administrator Office of Research 12443 Research Parkway, Suite 207 Orlando, Florida 32826 kim@mail.ucf.edu COpy TO: Dr. Mike ReynoldslDr. Ron Eaglin University of Central Florida HP A330/ ENGR 207E PUBLIC SAFETY TECHNOLOGY CENTER 4000 Central Florida Boulevard Orlando, Florida 32816 kreynold@mail.ucf.edu/ reaglin@mail.ucf.edu AGENCY: Ocoee Police Department 175 N. Bluford Ave. Ocoee, Fl. 34761 M. Amenelments This Agreement may only be amended by written mutual agreement of authorized representatives from the UNIVERSITY and AGENCY, and provided that, when applicable, such amendments are also made to the Agreements of like form and content with any member AGENCY or other organization. N. Assienment Neither party may assign this Agreement without the prior written consent of the other party. Notwithstanding the forgoing, AGENCY may assign this agreement and its rights and obligations hereunder to the successor in interest of AGENCY's business to which this Agreement pertains. O. Representatives Jmel Snccessors Ronnel This Agreement shall be binding and inure to the benefit of the parties hereto, their legal representatives, successors, and assigns. P. Governine r ,aw This Agreement is to be governed and construed in accordance with the laws ofthe State of Florida and all applicable Federal statutes and regulations. 5 Q. Export Control AGENCY and UNIVERSITY recognize that the research results may be subject to the export control regulations of the United States Department of Commerce or to other United States government regulations relating to the export oftechnical data and equipment and products produced there from. To the extent such regulations apply to research results, AGENCY and UNIVERSITY agree to comply fully with all such regulations, including any future amendments thereof. R. GENERAL This instrument contains the entire Agreement between the AGENCY and UNIVERSITY with respect to the subject matter hereof. In the event AGENCY issues a purchase order to initiate payment, the tenus ofthis Agreement supersede the terms ofAGENCY.S purchase order. - IN WITNESS WHEREOF, the parties have caused this Agreement to be effective as of the date first written by their duly authorized representative. UNIVERSITY OF CENTRAL FLORIDA Kim Smith Contract Manager Office of Research (Date) APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM this _ day of , 2005 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON . 2002, UNDER AGENDA ITEM NO. FOLEY & LARDNER, LLP By: City Attorney Steven J. Goclon, Chief of Police Florida Police Network Supports Post-9/11 Promises Florida Police Network Supports Post-9/11 Promises Florida hopes to expand a data-sharing network aimed at spotting criminals or terrorists across jurisdictions. By Larry Greenemeier, InformationWeek Jan. 20, 2005 URL: http://www.informationweek.com/story/showArticle.jhtml?articleID=57702696 The University of Central Florida on Thursday announced big plans for expanding an electronic data-sharing network it runs with law-enforcement agencies across the state. The Florida Integrated Network for Data Exchange and Retrieval (FINDER) will by the beginning of 2007 connect all 355 of the state's law-enforcement agencies in a system designed to keep terrorists and criminals from using a lack of cross-jurisdiction communication to cover their tracks. The state is counting on a $250,000 Justice Department grant, expected by the end of February, to help grow FINDER, which serves 60 Florida police departments and county sheriffs. "When police departments can't communicate, it works to the benefit of the criminals," says Joe Saviak, program manager with Central Florida's Public Safety Technology Center. Police expect FINDER to help them piece together sporadic criminal behavior into the big picture. "If someone is taking photos of different stadiums around the state, the police will be able to see patterns," he says. FINDER launched in October 2003 as a way for law enforcement in Seminole and Orange counties to share data. Officers and detectives use FINDER to create a query based upon a criminal's name, date of birth, or other criteria, and then specify which databases in the network they wish to search. This query is then sent out to participating law-enforcement agencies via Florida's Criminal Justice Network, or CJNet. After checking these databases, FINDER creates a summary page with hyperlinks that connect users with relevant information. Each police department tends to store its data records differently, so staff from Central Florida's Engineering Technology Department do the systems integration, sometimes traveling to police departments throughout the state to ensure that XML-based Web services convert data into a format that can be read by all users. "FINDER lets computers do what they were designed to do--make work easier," says Ron Eaglin, chair of Central Florida's Engineering Technology Department. Although the information FINDER accesses always was available to law enforcement, finding the right information was difficult. In one case, investigators in Marion and Hillsborough counties were able to trace the history and movement of a man repeatedly arrested throughout the state for stealing and pawning equipment from construction sites. Eaglin and his team are working to connect 15 agencies to FINDER by the middle of February. Both he and Saviak say the number of agencies that want to be connected to FINDER is growing rapidly, thanks, in part, to the recent passage of the Intelligence Reform and Terrorism Prevention Act. FINDER is positioned to succeed in ways that broader law enforcement file://Y :\Police\lnformation Week.htm Page 1 of2 1/2512005 Florida Police Network Supports Post-9/11 Promises data-sharing initiatives such as the Multistate Antiterrorism Information Exchange, or Matrix, haven't. Matrix originated in Florida as well, but ran into problems with privacy groups because the system allows law enforcement to send and retrieve criminal history, driver license, vehicle registration, and other information, including digitized photos, related to ongoing criminal or terrorism cases. FINDER deals exclusively with criminal records. Other states along the Interstate-lO corridor, including Alabama, Georgia, Louisiana, Mississippi, and Texas have expressed an interest in connecting to FINDER, Saviak says. He says, "Expansion is a function of time and money." file:/ /Y :\Police\lnformation Week.htm Page 2 of2 1/25/2005 ORLANDO SENTINEL ORLANDO SENTINEL January 20, 2005 Feds can learn from Florida As a state legislator and a taxpayer, I strongly agree with the Orlando Sentinel editorial questioning how the federal government permitted a $170 million "computer fiasco" to compromise homeland security. Federal law-enforcement officers need to be able to share information effectively to identify suspects, expedite investigations, solve crimes and protect the public. In Florida, we know that all of our law-enforcement officers must have instant electronic access to all necessary police information across agencies and over county and city lines. Had such data sharing been in place when terrorist ringleader Mohammed Atta was stopped for a traffic violation in Delray Beach just two months before the Sept. 11 attacks, officers could have known of Atta's outstanding arrest warrant in neighboring Broward County and incarcerated him. Instead of flying a commercial airliner into the World Trade Center that morning, Atta would have been sitting in a Florida jail. Not waiting on Washington, D.C., Florida's sheriffs and police chiefs partnered with the University of Central Florida to build the nation's first successful statewide law-enforcement information-sharing network. More than 70 agencies from Miami to Tampa to Orlando to Jacksonville are now sharing data through the Florida Integrated Network for Data Exchange and Retrieval (FINDER). During the past year, FINDER has resulted in the arrests of armed robbers, burglars, home invaders, sex offenders and those trafficking in stolen property. Before FINDER, these criminals crossed city and county lines to victimize Floridians and evade identification and arrest. Previously, a group of suspects could have been stopped by police for trespassing and taking photos at major stadiums in Jacksonville, Tampa, and Miami over a three-week period, and the incidents would have gone unconnected. Linked together by FINDER, Florida law enforcement can connect the dots, thwart a possible terrorist attack and strengthen homeland security. Last session, state Sen. Mike Haridopolos and I successfully sponsored $525,000 in state funding to expand the network throughout the state. Recently, members of Florida's congressional delegation have secured an additional $250,000. We will not rest until the job is done. We will connect all 355 state and local police agencies in the nation's fourth-largest state at a fraction of the cost. A public-safety and homeland-security problem that has persisted for decades has been solved in our state, and can be cost effectively applied to other states and federal agencies. I firmly believe that Job No. 1 of any local government is to provide for the safety of its citizens. Thanks to Florida's local law enforcement, the call of Job No. 1 is being answered efficiently and on time. Frank Attkisson is a State Representative for District 79, which includes portions of Orange, Osceola, Polk and Okeechobee counties. file:/ /Y:\Police\ORLANDO%20SENTINEL.htm Page 1 of2 1/25/2005