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Home My WebLink AboutCC Resolution 13608 (Police Plate Scan & Hot List Share)RESOLUTION NO. 13608 A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL TO APPROVE AN AGREEMENT UNDER WHICH THE MARIN COUNTY SHERIFF'S OFFICE, NOVATO POLICE DEPARTMENT, CENTRAL MARIN POLICE AUTHORITY AND THE SAN RAFAEL POLICE DEPARTMENT WILL SHARE AND USE PLATE SCAN AND HOT LIST INFORMATION DEVELOPED WITH THE AUTOMATED VEHICLE LICENSE PLATE READER (ALPR) TECHNOLOGY. WHEREAS, the City of San Rafael has marked police patrol vehicles that patrol the community each day of the year, twenty four hours a day; and WHEREAS, on March 19, 2012, the San Rafael City Council approved the use of the Department of Homeland Security grant funds secured by the Marin County Sheriff's Office Auto Theft Task Force in the amount of $19,039.95 for a four (4) camera Automated Vehicle License Plate Reader (ALPR) system, equipment and installation and additional Police Department funds used to purchase a second two (2) camera Automated Vehicle License Plate Reader, equipment and installation for $14,085.56 from a sole source vendor; and WHEREAS, the ALPR is a computer based system that utilizes technology to capture a color image, as well as infrared image, of the license plate affixed to a vehicle. The image is converted via optical character recognition technology to a text file, which is compared against a data file also known as a "hot list." This list may contain information on stolen or wanted vehicles as well as vehicles associated with Amber Alerts, warrant subjects or agency defined information; and WHEREAS, ALPR cameras can be mobile or fixed. The ALPR system has all necessary equipment to scan plates, notify the user of a vehicle hit, and upload scanned plate information into the ALPR repository for retention and research; and WHEREAS, the Marin County Sheriff's Office, Novato Police Department, Central Marin Police Authority and San Rafael Police Department recognize the mutual benefits to be gained by sharing information, and seek to share scanned plate and hot list information: NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves and authorizes the City Manager to sign an agreement, in a form to be approved by the City Attorney, under which the Marin County Sheriff's Office, Novato Police Department, Central Marin Police Authority and San Rafael Police Department will share and use plate scan and hot list information developed with the Automated Vehicle License Plate Reader (ALPR) technology. I, Esther C. Beirne, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Tuesday, the 3"' of September 2013, by the following vote, to wit: AYES: Councilmembers: Colin, Connolly, Heller, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None Esther C. Beirne, City Clerk 9 Agreement Between Agencies — Marin County ALPR Equipped Law Enforcement Agencies for sharing Law Enforcement Information Marin County Sheriffs Office, Novato Police Department, San Rafael Police Department, Central Marin Police Authority, (hereinafter referred to collectively as "Agency Parties" or, singularly, "Agency Party.") Overview a. Introduction: The purpose of this agreement is to outline terms and conditions under which the Agency Parties will share and use plate scan and hot list information developed with the ALPR technology. "This agreement is meant to be a "single sign on" agreement where there are multiple Agency Parties but an Agency Party can choose any or all Agency Parties with which to share such information. b. Background: ALPR is a computer based system that utilizes technology to capture a color image, as well as infrared image, of the license plate affixed to a vehicle. The image is converted via optical character recognition technology to a text file, which is compared against a data file also known as a hot list. This list may contain information on stolen or wanted vehicles as well as vehicles associated with Amber Alerts, warrant subjects, or agency -defined information. ALPR cameras can be mobile or fixed. Each Agency Party's ALPR system has all necessary equipment to scan plates, notify the user of a vehicle hit, and upload scanned plate information into each Agency Party's respective ALPR repository for retention and research. Each Agency Party realizing the mutual benefits to be gained by sharing information, seeks to share scanned plate and hot list information. The specific technological means for securely connecting these informational sources must be approved by each Agency Party's ALPR administrators in a future agreement. Authorized Release of Information a. Sharing of Information: Each Agency Party authorizes the release of scanned plate and hot list information retained in its respective data networks to other .-agency Parties as permitted by law. An Agency Party that dors not want cert iin information made available to any other Agency Party is responsible for ensuring that the information is not available for data exchange. There is no obligation to share scanned plate or hot list information with any Agency Party based solely on any agency's acceptance of this agreement. b. Limitation on Information Sharing: Scanned plate and hot list information shall only be shared with or released to other Agency Parties. Only authorized employees who have an approved login and password (authorized users), and a need and/or right not know, will be allowed to access any other Agency Party's scanned plate and hot list information. c. Indemnification: Each party shall indemnify, defend, protect, hold harmless, and release the others, their elected bodies, officers, agents, and employees, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs, or expense (including attorneys' fees and witness costs) arising from or in connection with, or caused by any negligent act or omission or willful misconduct of such indemnifying party. This indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages or compensation payable to or for the indemnifying party under workers' compensation acts, disability benefit acts, or other employee benefit acts. This indemnification provision shall survive the termination of this agreement. Information Ownership a. Ownership: Each Agency Party retains ownership of all information retained in its ALPR repository. Each Agency Party is responsible for creating, updating, and deleting records in its own repository according to its own policies. Each Agency Party shall use reasonable efforts to ensure the completeness and accuracy of its data. b. Release of information: If any Agency Party agrees to release information, such Agency Party and authorized users shall release or make available information retained in an ALPR repository only to persons or entities authorized to receive ALPR information. c. Unauthorized Reouests: If an Agency Party receives a request for information retained in an ALPR repository by anyone who is not authorized to receive such information, that Agency Party shall refer the request to the law enforcement agency that originated the requested information ("Source Agency"). d. Public Record Requests, Subpoenas and Court Orders: Any Agency Party receiving a public records request, subpoena, or court order ('Legal Request") for information retained in an ALPR repository not originated by that receiving Agency Party shall immediately provide a copy of the Legal Request to the Source Agency. prior to providing a response to the Legal Request. Verification of Accuracy of Information a. Accuracy of Information: Agency Parties agree that scanned plate and hot list information consists of information assumed to be accurate. Agency Parties shall participate in annual testing sessions to validate and ensure that its information is accurate. However. data inaccuracies can arise four multiple reasons (entry error, misinterpretation, outdated data, etc.). It shall be the User Access responsibility of the Agency Party requesting or using the data to verify the accuracy of the information with the Source Agency prior to taking any enforcement related action. b. Timeliness of Hotlist Data: Each Agency Party shall determine the frequency with which its hot list data will be refreshed. Since changes or additions to hot list data do not get updated on a real-time basis, Agency Parties recognize that information may not always be timely and relevant to law enforcement agencies. It shall be the responsibility of the requesting Agency Party to verify the timeliness and relevance of the information with the Source Agency. a. Loain Application Process: Each Agency Party's system administrator is responsible for management of user accounts at that Agency Party. Each Agency Party agrees that all authorized users shall be limited to current employees who are legally authorized to review criminal history data for crime prevention purposes. Each potential user shall submit a request for a login and password to the agency system administrator. The agency system administrator shall have discretion to deny, revoke, or limit individual access. b. L:ovin Assijnment: Each authorized user shall be issued a user login and a default password by the agency system administrator. Authorized users may be assigned to groups that have different levels of access rights based upon the level of restriction of that information. c. Termination of LoRins: Each agency system administrator is responsible for timely removal of any login accounts as authorized users leave the agency, no longer qualify for access into the system, or are denied access by the agency system administrator for any other reason. d. Intended L+se: Each authorized user agrees that scanned plate, hot list information and the networking resources shall be used solely for law enforcement purposes only and consistent with the law. Authorized users shall not use or share the information for any unethical, illegal, or criminal purpose, e. limitations on Use of Loins: An authorized user shall not access information in an AL.PR repository by using a name or password that vas assigned to another user. An authorized user shall not give his or her password to another person, including another user. to access the system, f. _yudit Trail: Each transaction on an ALPR repository shall be lugged and an audit trail shall be created. Each agency system administrator shall conduct an internal audit on a periodic basis to ensure information is reasonably up to date and user queries are made for legitimate law enforcement purposes only. I This audit information shall be recorded and retained to allow the system administrator to complete the internal audit. Each system administrator shall maintain the transaction logs for a minimum of three years. Requests for transaction logs shall be made in writing to the agency system administrator, who shall provide the transaction logs to the requesting party within a reasonable amount of time. Confidentiality of Information a. Information Confidentiality: Information in an ALPR repository is confidential and is not subject to public disclosure, except as required by law. Only authorized users are allowed to view and use the information in an ALPR repository. Otherwise, the information shall be kept confidential. b. Internal Requests for Information: An authorized user who receives an internal request for information from a non -authorized requestor for information in an ALPR repository shall not release that information, but may refer the requestor to the Source Agency. c. Removal or Editinv- of Records: Each Agency Party shall determine its own schedule for record deleting and other edits to its respective data. This schedule will be determined by policy, legal requirements, storage and technical capability. System Access a. Network Access: Access to scanned plate and hot list information will be provided by a private network maintained by a secure network configuration or other such method that is mutually acceptable to the Agency Parties. b. System Availability: ALPR repositories shall operate 24 -hours -a -day, seven - days -a -week, with downtime limited to those hours required for necessary maintenance activity. Agreement Terms a. Term: This agreement will commence on the date that it is executed by all agency Parties. It will tenninate only as allowed in the termination section of this agreement. b. Amendments: Any agreed upon change in the terms of this agreement shall be incorporated into this agreement by a w'rittcn amendment properly executed and signed by the person authorized to bind each Agency Party . c. Controlling Law and Venue: Any dispute that arises under or relates to the ai4reernent (whether contract, tort, or both) shall be adjudicated in Marin County and shall be governed by California law. Termination d. Severability: If any term or portion of this agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement shall continue in full force and effect. Any Agency Party to this agreement may terminate this agreement giving each of the other Agency Parties at least thirty (30) days written notice prior to the effective date of such termination, which date shall be specified in such notice. Sign -Off on Execution of Agreement By executing this agreement, each party acknowledges that it has received a copy of this agreement, and will comply with its terms and conditions. The person executing this agreement certifies that the person is authorized by its agency to execute this agreement and legally bind its Agency Party to the terms herein. This agreement may be executed in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Procedure for New Agency Parties Requesting to Join This Agreement An Agency Party wishing to join this agreement shall submit a written request to the Marin County Sheriffs Office, and include a copy of its agency's ALPR policy. All Agency Parties to this agreement existing at the time of the written request will each review the request, and upon receipt of approval by all such Agency Parties, the existing Agency Parties and the approved Agency Party shall sign a written amendment. All documents involved in this amendment shall be properly executed and signed by the person authorized to bind the respective agency. B1 agreement ot': Robert 1-. Doyle ---____ Dave Bracken N-lichael Frank Sheriff -Coroner 'Marin City N—lanager-Corte Madera City'Manager-Novato Debra Stutsman Town Manager -San Anselmo -71v 1, 4 L 10 Nancy MackIle City Manager -San Rafael Dan Schwarz City Manager -Larkspur CITY OF SAN RAFAEL ROUTING SLIP / APPROVAL FORM INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3. f DATE OF MEETING: September 3, 2013 FROM: David Starnes DEPARTMENT: Police DATE: TITLE OF DOCUMENT: A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL TO APPROVE AN AGREEMENT UNDER WHICH THE MARIN COUNTY SHERIFF'S OFFICE, NOVATO POLICE DEPARTMENT, CENTRAL MARIN POLICE AUTHORITY AND THE SAN RAFAEL POLICE DEPARTMENT WILL SHARE AND USE PLATE SCAN AND HOT LIST INFORMATION DEVELOPED WITH THE AUTOMATED VEHICLE LICENSE PLATE READER (ALPR) TECHNOLOGY. Department Head (signature) (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL / AGENCY APPROVED AS TO FORM: AGENDA ITEM: a9 u t.�' .✓' ri..., `� � �, �..... _ d R..-�._T�, � .�L .�°9a'd6'�d w:.'�i'^�°..-. r.�w p w....^ Y� ••• 1166 PP "'. City Manager (signature) City Attorney (signature) I,r NOT APPROVED REMARKS: