MEMORANDUM OF UNDERSTAI\DING hchvccn the OMAHA POLICE DEPARTMENT and the NEBRASKA DEPARTMENT OF MOTOR VEHICLES I. Parties This Memorandum of Understanding (MOU) is an agreement between the Omaha Police Department (OPD). and the Department of Motor Vehicles (DMV). hereinafter the Parties . The purpose of this MOU is to spc:cify the tenns and conditions for OPD access to and use of the Facial Recognition System (FRS) lo carry out functions of the OPD. II. Purpose This MOU is intended to enhance la~ enforcement and the working relationship between the OPD and the OMV Driver and Vehicle Records Division to assist those individuals who arc victims of idcnLity theft and for investigation of criminal activity using images and signatures stored in FRS. Authorized employees of the OPD and the OMV will carry out the requirements of the MOU. Ill. Lc~al Authority The statutes provided for in this MOU include. but are not limited to. the following: Nebraska Revised Statute§ 60-484.02; Unifonn Motor Vehicle Records Disclosure Act. Nt!braska Revised Statutes *60-290 I through 60-2912. This MOU shall be interpreted to incorporate any amendments to the above statutes b) the Nebraska Legislature as may be applicable during the term orthe MOU . 111. I mplcmcntation A. The OPD: 1. Agrees to restrict the access to the OMV FRS images to two employees of the OPD and to provide the OMV with the name, address. and contact information for these employees. Access to and use of images and signatures of indiv iduals stored in D\1V databases shall be used solely to carry out the purposes of this MOU as assigned by the OMV to OPD pursuant to the terms and conditions of this MOU. Any access, disclosure. or use of any image or signature for any other purpose be)ond the terms and conditions of this MOU is prohibited and shall be considered a breach of the MOU. 2. Agrees to make no facial recognition comparison n.:4ucsl except for a case being investigated and /or prosecuted in a criminal manner. 3. Understands that the FRS results provided by the OMV arc to assist in furthering an ongoing investigation or criminal matter and cannot he used as the sole reason for arrest Nebraska DMV 103499 GULaw Privacy FR 4. Agrees to adhere to the requirements of Neb.Rev. Stal. §60-484.02 and §60-290 I through 60-2912 and agrees that no employee. contractor. or agent of OPD shall allow disclosure of images and signatures except to federal. state or local law en forcemcnl agencies or a certified law enforcement otliccr cmploycu in an investigative position by a federal state. or local agency for the purpose of carrying out the functions of the agency or assisting another agency in carrying out its functions or as otherwise may be authorized b~ action of the Nebraska Legislature. 5. Agrees to enforce all applicable laws and security protocols for handling und processing of images and signatures accessed pursuant to this MOU to prevent any access. use. or disclosure other than as provided in this MOU. B. The OMV agrees Co: 1. Provide two FRS and VPN user IDs and passwords to be used to access images and signatures in the FRS for the sole use of the two identilicd employees of OPD rclcrrcd to in paragraph III. A. 1 above. ") Provide OPD with access to FRS and the available DMV images and signatures subject to the conditions of this MOU. 3. Provide OPD with the names. addresses, and telephone numbers of contact persons within the DMV regarding any questions or problems which may arise in connection with the FRS. 4. Provide to OPD training and assistance necessary to use FRS. IV. Effective Date and Term of the MOU This MOU is effective upon the date the authorized representatives of both parties have signed the MOU. This MOU shall expire on January 31, 2018. This MOU may be extended for two additional tcm1s in writing signed by the authorized representatives of hoth parties. V. Modification. This MOU may be modified in writing signed by the authorized representatives of both parties. VI. Costs OMV and OPD will each be responsible for costs incurred by the respective agency in furtherance of this MOU. VII. Termination This MOU may be terminated by either party upon 30 days prior written notice to the other party. DMV may tcm,inatc this MOU without prior notice if deemed necessary because or a requirement of law or policy, upon a determination by DMV that there has been a hrcacl1 of this MOU. upon a determination by DMV that there has been a breach of system integrity or security "'I Nebraska DMV 103500 GULaw Privacy FR by OPD, upon a failure by OPD to comply with established procedures or legal requirements. or for reasons of government necessity. Nothing in this MOU is intended, or should be construed. to create any right or bendil, substantive or procedural, enforceable at law by any third party against the Slate ofNcbraska. its agencies. officers, or employees or against OMV or OPD or employees or officers of OMV or OPD. The foregoing constitutes the full agreement on this su~ject between the OPD and the DM\". The undersigned represent that they are authorized to enter into this MOU on behalf Omaha Police Department and the OMV, respectively. --- &~ ,;.JL----- Todd Schmaderer Chier or Police Omaha Police Department /--/g --1 orthe vcr y cl Dire r Nebraska Dept. or Motor Vehicles 7 (~ Date ;ID : ;.,-, /:1 D~;; 3 Nebraska DMV 103501 GULaw Privacy FR Nebraska DMV 103502 Privacy FR