Contract 2021-059ADocuSign Envelope ID: 9B234BC9-22A5-4E12-A666-76EC1 F932ED1 #2021-059-A
MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION
IN THE FINDER DATA SHARING NETWORK (FLORIDA - Region 5�
This Memorandum of Understanding (MOU) is made by and between FINDER Software Solutions, LLC, a Florida
limited liability company, hereinafter referred to as "FSS", with offices at:
FINDER Software Solutions, LLC
11315 Corporate Blvd, Suite 110
Orlando, FL 32817
(407) 545-3730
andthe: Clermont Police Department
3600 S. Highway 27 Clermont FL 34711
hereinafter referred to as "AGENCY." AGENCY's designated contacts are as follows:
Law Enforcement Point of Contact: Brent Joyner
352 536 8407
Contact Phone:
Contact email:
bjoyner@clermontfl.org
Information Technology Point of Contact: } s''V-', C u
Contact Phone: 3 S z 2 cl 1 7 3 7 C
Contact email: */P L ( 1 J V., C V 0- V, � • dV
Public Records Custodian/RMLO: r C1,ro A T CL Cie,
Contact Phone: 3� 2 ' Z'-jl— �332
Contact email: +ApLC�LCo, � C Cle(-ir+o4 t-1 , D
AGENCY agrees to notify FSS in writing if there are any changes to the above contacts.
A. Back -ground
FINDER® is an information sharing system built through the cooperative efforts of Florida law enforcement
agencies and the University of Central Florida, initially known as the Florida Integrated Network for Data
Exchange and Retrieval. Since expanding into other states and integrating with other systems such as the FBI's
N-DEx and NCIS' LInX, FINDER has become known as the Federated Integrated Network for Data Exchange and
Retrieval. As used herein, and where applicable, the term "FINDER" shall include the FINDERPawn system if
utilized by the AGENCY.
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B. Purpose and Term of this MOU
The purpose of this MOU is to set forth the terms and conditions under which AGENCY will participate in the
FINDER data sharing system from October 1, 2021, through September 30, 2022. The provisions of this MOU
which govern AGENCY's use of FINDER will remain in effect beyond the expiration of this MOU should AGENCY
continue utilizing the FINDER system for any period of time not covered by a subsequent MOU.
C. Performance Underthis MOU by FSS
For the period of this MOU, FSS agrees to:
1. Provide technical support for versions of the FINDER application that are deployed to AGENCY during the
period of this MOU.
2. Develop and/or modify "parsers" necessary to ensure quality data sharing between AGENCY and the
FINDER system.
3. FSS, in its sole discretion, and with due consideration to any recommendations by the Florida Law
Enforcement Data Sharing Consortium ("Consortium"), may develop and deploy enhancements to the
FINDER system that address public safety needs.
4. FSS, in its sole discretion, may assist AGENCY with information sharing needs that mayor may not be directly
related to FINDER.
5. Pursuant to. the Bylaws of the Consortium, AGENCY may appoint one member and one alternate to the
Steering Committee of the Consortium. Unless AGENCY instructs FSS otherwise, AGENCY's representative
on the Steering Committee will be the Law Enforcement Point of Contact listed on page 1 hereof. Said
representative will receive notification of all Consortium meetings and other issues of importance to the
membership.
6. Public Record of Agreement
FSS shall comply with the Florida public records laws found in Chapter 119 of the Florida Statutes and,
as specifically required by F.S. 119.0701(2)(b), LETTR will: "(1) Keep and maintain public records
required by the public agency to perform the service; (2) Upon request from the public agency's
custodian of public records, provide the public agency with a copy of the requested records or allow
the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law; (3) Ensure that public records that are exempt
or confidential and exempt from public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the public agency; and (4) Upon completion of the contract,
transfer, at no cost, to the public agency all public records in possession of the contractor or keep and
maintain public records required by the public agency to perform the service. If the contractor transfers
all public records to the public agency upon completion of the contract, the contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract,
the contractor shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's custodian
of public records, in a format that is compatible with the information technology systems of the public
agency."
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Should FSS fail to comply with the public records laws, AGENCY may immediately terminate this
agreement by delivering a written notice of termination to FSS at the address specified on page 1
hereof.
b. The public records referred to in this section consist of copies of this MOU and correspondence relating
to the MOU.
c. IF THE CONTRACTOR (FSS) HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, THEY WILL CONTACT THE
AGENCY'S CUSTODIAN OF PUBLIC RECORDS SPECIFIED ON PAGE 1 HEREOF.
7. FSS shall abide by all aspects of the FBI's CJIS Security Policy referenced in D.1. below and the CAS Security
Addendum attached thereto, as either may be amended from time to time.
D. Performance Under this MOU by AGENCY
For the period of this MOU, AGENCY agrees that:
1. AGENCY must follow the current U. S. Department of Justice Criminal Justice Information Security Policy
which can be found at www.fbi.Lyoy/services/ciis/ciis -�curi - oli -rf
2. AGENCY's use of the FINDER system is contingent upon the AGENCY retaining authorized access to Florida's
Criminal Justice Network (CJNet). The AGENCY's access to CJNet is governed by the Criminal Justice User
Agreement between the AGENCY and the Florida Department of Law Enforcement (FDLE).
3. AGENCY's use of the FINDER system must follow, where applicable, the requirements established in the
CJNet User Agreement. These requirements include, but are not limited to:
Use of the FINDER system is restricted to the administration of criminal justice or as otherwise
specifically authorized or required by law. AGENCY will allow only properly screened, authorized
personnel to have access to information contained within the FINDER system.
b. It is the responsibility of the AGENCY to ensure that access to FINDER is for authorized purposes only
and to regulate proper access to and use of the system and information at all times.
c. The AGENCY will disseminate information derived from the FINDER system only to criminal justice
agencies and only for criminal justice purposes. Criminal justice purposes include criminal justice
employment screening. Records contained in the FINDER system must be verified with and
documented by the contributing agency.
4. AGENCY is only authorized to provide FINDER access to their own personnel. Requests from other agencies
for a FINDER user account, including for multi -agency task forces, should be referred to
Isqppgrt �1 However, if AGENCY hosts other agencies on their RMS and/or CAD system,
AGENCY may permit authorized personnel from such hosted agency to access AGENCY's FINDER server
provided such hosted agency also has a current MOU with FSS.
S. AGENCY is responsible for ensuring that records subject to orders for expungement or sealing are
appropriately removed from AGENCY's FINDER server and other data sharing systems.
6. AGENCY's use of FINDER is subject to the following specific requirements:
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a. The AGENCY shall permit FSS personnel to conduct inquiries with regard to any alleged or potential
security violations, as well as for routine audits. AGENCY personnel should be on notice that the FINDER
system logs every query.
b. AGENCY will permit FSS personnel to access AGENCY's local FINDER server (via secure remote
connection) as necessary for FINDER updates and/or troubleshooting.
c. Any public records request made to the AGENCY pursuant to Chapter 119, F.S. for information from the
FINDER system will be forwarded to the law enforcement agency that is the original contributor of the
information to the FINDER system. Any request to the AGENCY from another law enforcement agency
for information obtained from the FINDER system will be treated as exempt pursuant to Section
119.071(2)(c)2a. It is understood and acknowledged, however, that to the extent the AGENCY is
required to disclose any documents or related information pursuant to Chapter 119, F.S., nothing herein
shall prohibit it from so doing.
d. An Agency reporting or classifying an individual as a criminal gang member, criminal gang associate,
sexual predator, sexual offender or any other type of offender or defined association within FINDER is
solely responsible to ensure the individual meets the statutory definition thereof.
7. FSS is not responsible for the acquisition, maintenance, operation or repair of AGENCY's workstations or
servers, or for supplies or software licensing therefor; or for AGENCY's personnel costs related to the use
of the FINDER system.
E. Data Ownership- Accuracy, Security
1. AGENCY retains sole ownership of, exclusive control over, and sole responsibility for the information it
contributes and may at any time update or correct any of its information in FINDER, or delete some or all
of AGENCY's data from FINDER or any other data sharing system connected to the FINDER system.
2. Information submitted by AGENCY will not be altered or changed in any way except by AGENCY or with
AGENCY's express written consent. AGENCY controls which of its personnel have access to the "Data
Expunge Utility" in FINDER.
3. All records in the FINDER system will be clearly marked to identify which law enforcement agency
contributed the data. Records must be verified by the contributing agency before using the information for
affidavits, subpoenas, warrants or any other purpose.
4. As directed by FDLE, FSS, will share AGENCY's records and/or provide AGENCY access to other national data
sharing systems that are exclusively for law enforcement, such as the FBI's National Data Exchange (N-DEx)
or NCIS's Law Enforcement Information Exchange (LInX).
a. Additional MOU(s) maybe required to authorize AGENCY's sharing with or access to other systems.
b. If AGENCY does not wish to share or receive data nationally via the FINDER system, AGENCY must
notify FSS in writing at the time of execution of this MOU.
5. The data provided by the AGENCY is never owned by FSS, other data sharing systems, third party vendors
or government organizations. No agreement entered into by FSS on behalf of the AGENCY to share data
with a national system will transfer ownership of AGENCY's data to any other party.
6. Each party agrees to use the same degree of care in protecting information accessed under this MOU as it
exercises with respect to its own sensitive information. Each party agrees to take appropriate corrective
administrative and/or disciplinary action against any of its personnel who misuse the FINDER system as if it
were an abuse of their own sensitive information systems.
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F. Liability
1. AGENCY understands that FSS, its managers, officers, agents, and employees shall not be liable in any claim,
demand, action, suit or proceeding, including, but not limited to, any suit in law or in equity, for damages
by reason of, or arising out of, any false arrest or imprisonment or for any loss, cost, expense or damages
resulting from or arising out of the acts, omissions or detrimental reliance of the personnel of the AGENCY
in entering, removing or relying upon information transmitted through the FINDER system.
2. To the extent provided bylaw, the AGENCY agrees to be responsible for the negligent acts or omissions of
its personnel arising out of or involving any information contained in, received from, entered into or
transmitted through the FINDER system. Nothing herein shall be construed to be a waiver of sovereign
immunity.
3. To the extent provided bylaw, FSS agrees to be responsible for the intentional or grossly negligent acts or
omissions of its personnel arising out of their programming services or involving any information contained
in, received from, entered into or transmitted through the FINDER system.
4. FSS acknowledges that it has the right to provide the foregoing services and, to its knowledge, the activities
hereunder do not conflict with any duties or obligations of FSS to any other agency, entity or third party.
FSS makes no representations or warranties, expressed or implied, regarding its performance under this
MOU including, but not limited to, the marketability, use or fitness for any particular purpose of the services
or non -infringement of rights pursuant to the provision of services under this MOU. FSS is not liable for any
direct, indirect, consequential, special or other damages suffered by AGENCY as a result of AGENCY's use
of FSS's services, unless there is a showing of gross negligence or willful misconduct on behalf of FSS.
G. Patents; COpyright5; Intellectual Property
1. Ownership of patents, copyrights, software or intellectual property of any type that result from any
arrangement arising from this MOU or FSS's performance under this MOU, including, but not limited to, all
FINDER applications, upgrades and parsers, will remain with FSS.
FSS will grant a limited, non-exclusive, royalty -free, non -transferable, non-sublicensable right and license
to use the FINDER software application and any other software developed by FSS for AGENCY solely for the
purposes of using such software for its intended purpose.
H. Termination
1. Either Party may terminate this MOU at anytime by giving thirty (30) days written notice to the other party.
If termination is exercised by AGENCY, FSS is not obligated to refund any monies previously paid to FSS by
AGENCY or on AGENCY's behalf.
2. FSS may terminate this MOU immediately, without advance notice, in the event AGENCY breaches this MOU
or fails to fulfill its obligations hereunder. FSS is not obligated to refund any monies previously paid to FSS
by AGENCY or on AGENCY's behalf in the event of such breach or failure.
3. Upon termination of this MOU for any reason, AGENCY's license in and to FINDER applications and related
intellectual property shall immediately cease.
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I. Pricin Pa ment
Maintenance of the FINDER system for Regional Domestic Security Task Force Region 5 is subsidized by a
Homeland Security Grant, but Region 5 agencies are asked to support continuing FINDER development and
enhancements by paying the subscription fee established by the Consortium in 2003. Accordingly, AGENCY
agrees to pay $2, 500.00 to FSS and to remit payment within 60 days of receipt of invoice.
J. Related Agreements
The following agreements may also impact AGENCY's use of the FINDER data sharing system:
1. Agreement between Florida Department of Law Enforcement, Criminal Justice Systems Officer, and the
Windermere Police Department for Contribution of FINDER Data and Access to N-DEx (copy available upon
request); and
2. Memorandum of Understanding between the Windermere Police Department (WPD) and AGENCY for
Participation within the National Data Exchange (N-DEx) and the Florida Integrated Network for Data
Exchange and Retrieval (FINDER).
K. Amendments; Assignment
This MOU may only be amended by written mutual agreement of authorized representatives from FSS and
AGENCY. Neither party may assign this MOU without the prior written consent of the other party.
L. Governing Law
This MOU is to be governed and construed in accordance with the laws of the State of Florida and all applicable
Federal statutes and regulations.
M. Attorneys' Fees
In the event it becomes necessary for either party to enforce any of the terms of this MOU, the prevailing party
shall be entitled, in addition to such damages or other relief as may be granted, to recover reasonable attorneys'
fees and costs, such attorneys' fees to include those incurred in connection with any actual or intended
mediation, arbitration, trial or appeal.
IN WITNESS WHEREOF, the duly authorized representatives of the parties hereto have caused this MOU to be
executed and effective as of the last signature date below.
FINDER Software Solutions, LLC
By: L
Jim McClure
Print Name
Managing Director
Title
Date
"AGENCY"
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Print Name
Title
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Date
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