Memorandum of Understanding Northern California Regional Intelligence Center Sheriff Greg Monks Chairman Northern California High Intensity Drug Traf?cking Area Executive Board Michael Sena Director Northern California Regional Intelligence Center 8: High Intensity Drug Trafficking Area Page 1 off) NORTHERN CALIFORNIA REGIONAL INTELLIGENCE CENTER MEMORANDUM OF UNDERSTANDING MEMORANDU OF UNDERSTANDING (MOU). made and entered into this 16th day of September. 2013 by and between the San Mateo County Sheriff acting in his capacity as ?duciary and fiscal agent of the Northern California High Intensity Drug Traf?cking Area (NCHIDTA) and Northern California Regional Intelligence Center both federal-state-local law enforcement collaborative programs operating under the Director. and the City of Manteca. a public entity. hereinafter referred to as "Agency." collectively referred to as ?Parties.? and W1 lliRliAS. the Parties provide Public Safety services within theirjurisdictions: and WHEREAS. the Parties have found it to be of mutual bene?t to provide for the most efficient utilization of their resources and services in the application to Public Safety efforts within their jurisdictions: and the Parties are committed to complete cooperation and coordination in providing the hi ghost level of public safety services to the public. guided by the principle that performing cooperatively is in the best interest of the public; and WHEREAS. the Agency desires to facilitate the sharing of license plate information using a commercially available Automated License Plate Recognition (ALPR) system through which the NCRIC will be allowed custodial status of the other Agency's motor vehicle license plate recognition information; and the Agency desires to share law enforcement information owned by the Agency under the conditions set forth in this and NOW. THEREFORE. for and in consideration of the covenants contained herein. the Parties hereby agree as follows: Page 2 of 6 ALPR AGREEMENT IT is HEREBY AGREED. by and between the parties as follows: is.) LIJ The purpose of this is to provide a standardized approach and method of collection and sharing of Automated License Plate Recognition (ALPR) systems" data between the Northern California Regional Intelligence Center and Public Safety Agencies in the Counties of Alameda. Contra Costa. Del Nortc. Humboldt. Lake. Marin. Mendocino. Monterey. Napa. San Francisco. Santa lara. Santa not, San Benito. San Mateo and Sonoma. . Mission: Northern California Regional intelligence Center: The NCRIC is a multi- jurisdictional public safety information fusion center task force comprised of the Northern California High Intensity Drug Traf?cking Area (NCHIDTA) Investigative Support Center. Investigative Equipment Program and the NCRIC l-lomeland Security Programs. The is managed under the Executive Board. The NCRIC was created to assist local. state. federal and tribal public safety agencies and critical infrastructure locations with the collection. analysis and dissemination of all crimes threat information. It is the mission of the NCRIC to protect the citizens of the ?fteen Bay Area counties within its area of responsibility from the threat ofnarcotics traf?cking: organized crime; international. domestic and street terrorism related activities through information sharing and technical operation support to public safety agencies. . Data Access and Security Requirements: 21. Data Access: The NCRIC further agrees to make the license plate information residing in the ALPR data repositories hosted by the available on a 24?hour a day. 7 days a week basis with downtime limited to those hours required for any necessary system maintenance activities. the NCRIC agrees to inform the Agency in advance. whenever possible. ofseheduled system downtimes. b. Qatar Sharing: ALPR data contributed by each AGENCY will be shared with all AGENCIES that have entered into an MOU with the NCRIC. The AGENCY agrees not to facilitate information sharing between law enforcement entities that have not entered into agreements allowing such sharing. c. Security Requirements: The NCRIC and the Agency agree to enforce and maintain security requirements for the information stored in the ALPR data repositories as speci?ed in the information Practices Act. the Public Records Act. California Attorney General?s Model Standards and Procedures for Maintaining Criminal Intelligence Files and Criminal Page 3 of6 ALPR nor Intelligence Operational Activities. and 28 Code of Federal Regulations (CFR) Part 23. All ALPR records not associated with an active investigation must be purged within one year of the date entered into the system or captured by the ALPR device. Approved Utilization: The Agency agrees to use information residing in the ALPR data repositories as a pointer system and not as the source of probable cause for law enforcement actions. Exceptions to the above policy shall not be implemented without the approval of the NCRIC. Agency further agrees that the information hosted in the ALPR data repository shall be used for law enforcement purposes only and that only law enforcement agency employees that have been subject to background screening will be allowed access to the system. Background screenings must be fingerprint-based including checks of both the state and national criminal history repositories. If a lelony conviction of any kind is found. access to ALPR systems shall not be granted. 4. Bene?ts to Agency: I). Data Links: the centralized storage of ALPR data will provide a solution a. to the problem of inaccessible or information as result of disconnected ALPR systems and the dif?culty in sharing information across jurisdictional boundaries. b. Analysis: NCRIC will enable Agency's law enforcement personnel to have access to analytical and de?confliction services provided free of charge to assist with the analysis of information received through the ALPR program. MOU Any changes and additions to the MOU shall be made by written amendments to this MOU. and shall not be effective until approved in writing by the Parties. Annually. or more frequently as requested by the Parties. a joint review of this MOU shall occur to identify needed changes. which may be amended by written mutual agreement of the Parties. RECORDS AND REPORTS: 21. All records generated by those assigned to the NCRIC will be maintained at the NCRIC office. if they are not otherwise disseminated. Dissemination of any infomtation from the NCRIC will be done only in compliance with applicable state and federal laws. standards and procedures on a need to know and right to know basis. Page 4 of 6 ALPR MOU 7. 10. ll. b. Classi?ed material containing information or security files as de?ned in section 6254(f) of the California Government Code will be restricted by NCRIC and will only be released to other agencies on a need to know basis. This MOU shall become operational and effective upon execution by the Parties. The MOU shall remain for a term of live years. and may be extended by written amendment of the Agreement. Parties may terminate the MOU Agreement at any time by giving written notice to the other Parties at least sixty (60) days prior to the effective date of tennination. BENEFITS AND The Parties shall agree that the provisions of this MOU are not intended to directly benefit. and shall not be enforceable by any person or entity not a party to this MOU. This MOU is not intended to confer any legal rights or benefits on any person or entity other than the Parties of this MOU. TNDEMNIFICATIONS: Notwithstanding the provisions of Government Code Section 895.2. Parties shall defend. indemnify. and hold harmless every other party and its officers. agents. employees and representatives from any and all losses. liability. damages. claims. suits. actions and administrative proceedings. and demands and all expenditures and cost relating to acts or omissions of the indemnitor. its of?cers agents or employees arising out of or incidental to the performance of any of the provisions of this Parties do not assume liability for the acts or omissions of persons other than their respective officers. its employees. agents and of?cers. SIGNATORIESEQOT AGENTS: Parties to this MOU shall have no authority. express or implied. to act on behalf of any signatory in any capacity whatsoever as an agent. The Parties shall have no authority. express or implied. pursuant to this MOU to bind each other to any obligation whatsoever. ASSIGNMENT PROHIBITED: Parties to this MOU may not assign any right or obligation pursuant to this MOU. Any attempted or purported assignment of any right or obligation pursuant to this MOU shall be void and of no effect. NON-DISCRIMINATION: No person shall. on the grounds of race. color. religion. ancestry. gender. age (over 40). national origin. medical condition (cancer). physical or mental disability. sexual orientation. pregnancy. childbirth or related medical condition. marital status. or political affiliation be denied any bene?ts or subject to discrimination under this agreement. ALPR IN WITNESS the parties hereto have executed this MOU {m the date as written below. My 9%73 Shieriri?cjreg Munks.\ DATE San Mateo County Sheriffs Of?ce NC Executive Board Chairman . - - - 1 bgm; a no 3 Nick Chiet?ol? Police City ofMauteca Policc Department Page (3 0106 NPR Memorandum of Understanding Northern California Regional Intelligence Center Sheriff Greg Manks Chairman California High Intensity Drug ?l?raf?cking Area Executive Board Michael Sena Director Northern California Regional Intelligence Center High intensity Drug Traf?cking Area Page 'i oi'? AIPR NORTHERN CALIFORNIA REGIONAL CENTER MEMORANDUM OF 118 MEMORANDUM OF UNDERSTANDING- made and entered into this ioth day 01. September. 2013 by and between the San Mateo County Sheri 1T acting in his. capacity as fiduciary and fiscal agent of the Northern California High intensin Drug traf?cking Area and Northern California Regional Intelligence Center both federal-state-iocal law enforcement collaborative programs operating under the Director. and the City of Manteea- a public entity. hereinafter referred to as "la-Xgency." referred to as "Parties." and W1 liiRliA& the Parties provide Public Safety services within theirjurisdictions; and WHEREAS. the Parties have. found it to be oi.~ mutual bene?t to provide for the most efficient utilization of their resources and services in the application to Public Safety el't?orts within their jurisdictions: and \N?l IEREAS. the Parties are committed to complete cooperation and coordination in providing the highest level of public safety services to the public. guided by the principle that cooperatively is in the best interest of the public: and WiltiRl-ZAS. the Agency desires to facilitate the sharing; of license plate information using a commercially available Automated License Plate RCCOgnition system through which the NCRIC will he allowed custodial status ol? the other Agency's motor vehicle license plate recognition inl?orn?iation: and the Agency? desires to share law enforcement information owned by the Agency under the conditions set forth in this MOLE: and NOW. THEREFORE. for and in consideration of the covenants contained herein. the Parties hereby agree as follows: Page 2 of 6 ALPR AGREEMENT 1T is HEREBY AGREED. by and between the parties as IN.) A, . him os 'i?hc purpose of this is to provide a standardized approach and method of collection and sharing of Automated license Plate Recognition (ALPR) systems data between the Northern Caliiornia Regional Intelligence Center and Public Saiiety Agencies in the Counties of Alameda. Contra Costa. Del Nortc. Humboldt. Lake. Marin. Mendocino. Monterey. Napa. San Francisco. Santa Clara. Santa Cruz- 6?an Benito. San Mateo and Sonoma. Northern Caiil'omja Regional intelligence Center: The is a multi- hiurisdictionai public safety information fusion center task force comprised of the Northern Caiilornia l-iigh intensity Drug Trafficking Area (NCHIDTA) investigative Support Center. lm-cstigative Equipment Program and the NCRIC Homeland Security Programs. The is managed under the Executive Board. "the was created to assist local. state. federal and tribal public safety agencies one critical infrastructure locations with the collection. analysis and dissemination of all crimes threat information. It is the mission of the to protect the citizens of the fifteen Bay Area counties within its area of responsibility from the threat of narcotics trafficking: organized crime: international. domestic and street terrorism related activities through information sharing and technical operation support to public safety agencies. Data Seggritv Requirements: a. Data Access: The NCRIC further agrees to make the license plate information residing in the ALPR data epositories hosted by the available on a 24?hour a day. 7 days a week basis with downtime limited to those hours required for any necessary system maintenance activities. the NCRIC agrees to inform the Agency in advance. whenever possible. of scheduled system do? ntirnes. b. ~Data Sharing: ALPR data contributed by each AGENCY will be shared with all AGENCIES that have entered into an MOU with the NCRIC. ?lhc AGENCY agrees not to lacilitate inlionnation sharing between law enforcement entities that have not entered into agreements allowing such sharing. The NCRIC and the. Agency agree to enforce and maintain security requirements for the iniormation stored in the ALPR data repositories as specified in the Information Practices Act. the Public Records Act. California Attorney (.iencrai's Model Standards and Procedures for Maintaining Criminal intelligence Files and Criminal C. Page 3 of 6 Al .PR .x-tot' 7. tum-o . nu i-J h. Classi?ed material containing information or security ?les as de?ned in section 6254th of the California Government Code. will be. restricted by and will only be released to other agencies on a need to knots! hasis. DJ 'i'his shall become operational and effective upon execution by the Parties. ?l'hc MOU shall remain for a term oi" live years. and may be extended by written amendment of the Agreement. Parties may terminate the Agreement at any time by git-'ing written notice to the other Parties at least sixty (60) days prior to the effective date of termination. AND The Parties shall agree that the provisions of this MOU are not intended to directly benefit. and shall not be enforceable by any person or entity not a party to this MOU. This MOU not intended to confer any legal rights or bene?ts on any person or entity other than the Parties of this MOU. Notwithstanding the provisions of Government (?ode Section 895.2. Parties shall dei'end. indemnify. and hold harmless every other party and its of?cers. agents. employees and representatives from any and all losses. liability. damages. claims. suits. actions and administrative proceedings. and demands and all expenditures and cost relating to acts or omissions of the indemnitor. its officers agents or employees arising out of or incidental to the perilomtance oi?an} oi?the provisions of this MOE. Parties do not assume liability for the acts or omissions of persons other than their respective officers. its employees. agents and of?cers. dis?bidIOBIES NQL?t?l??s Parties to this MOU shall have no authority. express or implied. to act on behalf oliany signatory in any capacity whatsoever an agent. The Parties shall have no authority. express or implied. pursuant to this MOU to bind each other to any obligation whatsoever. MINT Parties to this MOU may not assign any right or obligation pursuant to this MOLE. Any attempted or purported assignment of any right. or obligation pursuant. to this MOU shall be void and nine effect. No person shall. on the grounds of race. color. religion. ancestry. gender. age tot-er national origin. medical condition (cancer). physical or mental disability. sexual orientation. pregnancy. childbirth or related medical condition. maritai status. or political af?liation be denied any benefits or subject to discrimination under this agreement. Page 5 old sire Mill IR WITNESS the parties herem have executed this MOL: on the date mitten betow. Sheriff Greg Munksk San Mateo County Sheriff?s Of?ce MEDIA Executive Beard Chairman City at" Manteca Police. Department 6? View? Page (3 off) DATE Lawtg-?? DATE