io \6 ?e9 Memorandum of Understanding Northern California Regional Intelligence Center Sheriff Greg Munks Chairman Northern California High Intensity Drug Traf?cking Area Executive Board Michael Sena Director Northern California Regional Intelligence Center High Intensity Drug Traf?cking Area NORTHERN CALIFORNIA REGIONAL INTELLIGENCE CENTER Page 1 of 6 ALPR MOU MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (MOU), made and entered into this day of 2013 by and between the San Mateo County Sheriff acting in his capacity as ?duciary and ?scal agent of the Northern California High Intensity Drug Traf?cking Area (NCHIDTA) and Northern California Regional Intelligence Center (N CRIC), both federal-state?local law enforcement collaborative programs operating under the NCHIDTA Director, and the Modesto Police Department, a public entity, hereinafter referred to as ?Agency,? collectively referred to as ?Parties,? and WHEREAS, the Parties provide Public Safety services within their jurisdictions; and WHEREAS, the Parties have found it to be of mutual bene?t to provide for the most ef?cient utilization of their resources and services in the application to Public Safety efforts within their jurisdictions; and WHEREAS, 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 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 WHEREAS, 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 MOU AGREEMENT IT IS HEREBY AGREED, by and between the parties as follows: 1. Burma The purpose of this MOU 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 Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Francisco, Santa Clara, Santa Cruz, San Benito, San Mateo, Sonoma and Stanislaus. 2. 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 (N CHIDTA) Investigative Support Center, Investigative Equipment Program and the NCRIC Homeland Security Programs. The NCRIC is managed under the NCHIDTA 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 of narcotics traf?cking; organized crime; international, domestic and street terrorism related activities through information sharing and technical operation support to public safety agencies. 3. Data Access and Security Requirements: a. Data Access: The NCRIC further agrees to make the license plate information residing in the ALPR data repositories hosted by the NCRIC 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 downtimes. b. Data 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. 0. Security Requirements: The NCRIC and the Agency agree to enforce and maintain security requirements for the information stored in the ALPR data repositories as specified in the Information Practices Act, the Public Records Act, California Attorney General?s Model Standards and Procedures for Maintaining Criminal Intelligence Files and Criminal Intelligence Operational Activities, and 28 Code of Federal Regulations Page 3 of 6 ALPR MOU 5. (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. 01. 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 ?ngerprint-based including checks of both the state and national criminal history repositories. If a felony conviction of any kind is found, access to ALPR systems shall not be granted. Bene?ts to Agency: a. Data Links: the centralized storage of ALPR data will provide a solution to the problem of inaccessible or irretrievable information as result of disconnected ALPR systems and the difficulty in sharing information across jurisdictional boundaries. b. Analysis: NCRIC will enable Agency?s law enforcement personnel to have access to analytical and de-con?iction services provided free of charge to assist with the analysis of information received through the ALPR program. MOU CHANGES: 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: a. All NCRIC records generated by those assigned to the NCRIC will be maintained at the NCRIC office, if they are not otherwise disseminated. Dissemination of any information 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. 11. 12. b. Classi?ed material containing information or security ?les 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. DURABILITY: This MOU shall become operational and effective upon execution by the Parties. The MOU shall remain for a term of ?ve 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 termination. BENEFITS AND IMMUNITIES: The Parties shall agree that the provisions of this MOU are not intended to directly bene?t, 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 bene?ts on any person or entity other than the Parties of this MOU. INDEMNIFICATIONS: Notwithstanding the provisions of Government Code Section 895.2, Parties shall defend, 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 of?cers agents or employees arising out of or incidental to the performance of any of the provisions of this MOU. Parties do not assume liability for the acts or omissions of persons other than their respective of?cers, its employees, agents and of?cers. SIGNATORIES NOT 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 n_ot 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 af?liation be denied any bene?ts or subject to discrimination under this agreement. Page 5 of 6 ALPR MOU IN WITNESS WHEREOF, the parties hereto have executed this MOU on the date as written below. ?ag? LBW Sheriff GEeg Munks, DATE San Mateo County Sheriff?s Of?ce NC HIDTA Executive Board Chairman chic/f Galent? (Eamon DATE Modesto Police Department Page 6 of 6 ALPR MOU