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Contract 2024-090A2024-090A Memorandum of Understanding Clermont Police Department and Office of the State Attorney, Fifth Judicial Circuit, Lake County, for Criminal Justice Information Exchange and Use This Memorandum of Understanding (hereinafter referred to as `MOU") is made and entered into by and between CHIEF OF POLICE Charles Broadway, as CHIEF OF POLICE, Clermont Police Department, Florida (hereinafter referred to as "CHIEF OF POLICE"), and William M. Gladson, State Attorney for the Fifth Judicial Circuit (hereinafter referred to as "STATE ATTORNEY') (collectively hereinafter referred to as "PARTIES") effective as of the last date signed below. WHEREAS, CHIEF OF POLICE and STATE ATTORNEY are criminal justice agencies recognized by the Federal Bureau of Investigation and the Florida Department of Law Enforcement; and WHEREAS. CHIEF OF POLICE and STATE ATTORNEY both maintain an electronic records management system (hereinafter referred to as "systems") for the creation and storage of offense reports and media, (hereafter referred to as Criminal Justice Information. "CJI"); and WHEREAS. STATE ATTONREY wishes to routinely receive CJI for the administration of criminal justice; and WHEREAS, CHIEF OF POLICE wishes to routinely access the State Attorney's Office systems to share CJI and media for the administration of criminal justice; NOW THEREFORE, The PARTIES agree as follows: 1. The CHIEF OF POLICE will provide STATE ATTORNEY with all CJI for the administration of criminal justice purposes through all systems. 2. The CHIEF OF POLICE will provide the STATE ATTORNEY with the records for criminal justice purpose at no cost to the STATE ATTORNEY. 3. The STATE ATTOREY agrees that it shall make use of the records for authorized criminal justice purposes only. 4. The STATE ATTORNEY will disseminate CJI related information obtained from the CHIEF OF POLICE only for criminal justice purposes. 5. The STATE ATTORNEY will maintain any information obtained from CHIEF OF POLICE in a secure place and will destroy records containing such information in compliance with all applicable federal and state laws. 6. The STATE ATTORNEY will provide CHIEF OF POLICE access to all DATABASES for sharing of evidence. 7. The STATE ATTORNEY shall issue login credentials to the CHIEF'S OF POLICE'S employees upon request of the CHIEF OF POLICE. The CHIEF OF POLICE shall immediately notify STATE ATTORNEY of termination of any employees who have access to STATE ATTORNEY system. CHIEF OF POLICE shall also immediately notifv STATE ATTORNEY of discovery of any CHIEF OF POLICE employees misusing or accessing the systems in violation of this MOU. 8. The CHIEF OF POLICE will provide access to all cloud based systems and shall issue login credentials to STATE ATTORNEY. 9. The CHIEF OF POLICE will provide access to agency RMS systems and shall issue login credentials to STATE ATTORNEY. CHIEF OF POLICE shall provide STATE ATTONREY with user access logs on a weekly basis for auditing purposes. 10. The PARTIES agree to abide by all applicable local, state, and federal laws, rules, and regulations, with regards to the use of said SYSTEMS. 11. All CJIS data transmitted over any public network segment must be encrypted as required by the FBI CJIS Security Policy. 12. To the extent provided by the laws of Florida, the STATE ATTORNEY agrees to be responsible for the violations, negligent acts or omissions involving any information contained in, received from, entered into or through the receipt of the records by personnel. 13. The STATE ATTORNEY most ensure all devices with connectivity to the CA employ virus protection software and such software shall be maintained in accordance with the software vendor's published updates; and will promptly and fully patch Windows and other software present on all such devices, after any necessary testing, upon such patches becoming available. 14. CJl may only be accessed via computers or interface devices owned by the STATE ATTORNEY or contracted entity. Personally owned devices shall not be authorized to access, process, store, or transmit CJ 1. Vendors under contract with the STATE ATTORNEY may be allowed access provided all requirements of the FBI CJIS Security Addendum are complied with and member security training is current as required by the FBI CJIS Security Policy. 15. All po 1 i c i e s, procedures and operating instructions contained in the FBI CJIS Security Policy are hereby incorporated i n to and made a part of this agreement, except to the extent that they are inconsistent herewith or legally superseded by higher authority. 16. The STATE ATTORNEY will have a written policy for discipline of personnel who access CA via the CHIEF OF POLICE records for purposes that are not authorized. disclose information to unauthorized individuals or in an unauthorized manner, or violate CJIS rules, regulations or operating procedures and will provide a copy of that policy to the CHIEF OF POLICE for its records. 17. The STATE ATTORNEY will provide a point of contact to the CHIEF OF POLICE for the purpose of receiving and disseminating, as appropriate, information concerning unauthorized publication or release of CJI for follow-up and disciplinary action as appropriate. The STATE ATTORNEY will conduct appropriate follow-up and will notify the CHIEF OF POLICE of the outcome of investigations related to violations of this agreement. IS. The CHIEF OF POLICE has an obligation to report instances of misuse to FDLE for follow up of applicable investigation and applicable discipline in compliance with the FBI CJIS Security Policy. 19. The CHIEF OF POLICE reserves the right to deny CJI or related records to any individual based on valid, articulable concerns for the security and integrity of CJIS and related programstsystems information. 20. All CHIEF OF POLICE employees who have access to the State Attorney's Office and all designated secured areas (hereinafter referred to as "LOCATIONS") must be CJIS certified, fingerprinted, and abide by the odes and regulations of FDLE. The CHIEF OF POLICE shall immediately notify the STATE ATTORNEY of termination or upon arrest of CHIEF OF POLICE employees who have access to LOCATIONS. The CHIEF OF POLICE shall also immediately notify the STATE ATTORNEY upon discovery of any CHIEF OF POLICE employees misusing or accessing the LOCATIONS in violation of this MOU. 21. Either parry may terminate this agreement with a written notice of at least thirty (30) days. Additionally, either parry has the right to terminate this agreement immediately and without prior notice in the event of a violation of the terms within this agreement. TERMS & NOTICE: A. EFFECTIVE DATE. This Agreement shall continence and be effective as of the date first signed below and continue in full force and effect until terminated as provided herein. B. NOTICES. All notices, demands, or other writings required to be given, made or sent by this MOU, or which may be given, made or sent by either party to the other, shall be deemed to have been fully given, made, or sent when in writing and received as follows: This agreement constitutes the entire agreement of the parties and may not be modified as ameZCRIEFOF wri ent executed by both parties. OLI STATE ATTORNEY Charles Broadway, Chief of Police William M. Gladson, State Attorney Clermont Police Department office ofthe State Attorney, Fifth Judicial Circuit 3600 South Highway 27 110 NW First Avenue, Suite 5000 Clermont, FL 34711 Ocala, FL 34475 Date: I-(C- a WALTER A. FORGIE CHIEF ASSISTANT STATE ATTORNEY BRIDGET B. KIEFER EXECUTIVE DIRECTOR WILUAM M. GLADSON STATE ATTORNEY FIFTH JUDICIAL CIRCUIT OF FLORIDA CITRUS, HERNANDO, LAKE. MARION. AND SUMTER COUNTIES January 10, 2024 Chief Charles Broadway Clermont Police Department 3600 South Highway 27 Clermont, FL 34711 cbroadway@clennontfl.org Dear Chief Broadway, Reply to: 110 NW FIRST AVENUE SUITE 50DO OCAIA, FL 34475 TELEPHONE(352) 671-5900 To comply with the new FDLE CAS Security Policy, v.5.9.3, the Office of the State Attorney, Fifth Judicial Circuit is needing to submit a new interagency agreement (MOU). The new agreement covers the following: Both agency's requirements related to the sharing of UI (Criminal Justice Information). Access to agengNs databases for sharing of evidence. Policies, procedures, and violation requirements. FDLE CJIS certification and fingerprinting requirements. Law Enforcement Agency's responsibility of notifying our agency upon termination or arrest or an employee. Please sign and return to Jennifer Whitehead at iwhitei@sao5.ore no later than January 19, 2024. Ifyou have any questions, please don't hesitate to reach out to me. My direct office number is 352-671-5900. Thank "�you, �� Jennifer Whitehead Executive Assistant Office of the State Attorney William M. Gladson 110 NW First Avenue, Suite 5000 Ocala, FL 34475