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Contract 2025-035A2025-035A 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 INTERIM CHIEF OF POLICE John Graczyk, as INTERIM CHIEF OF POLICE, Clermont Police Department, Florida (hereinafter referred to as "INTERIM 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, INTERIM 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, INTERIM 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, INTERIM 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 INTERIM CHIEF OF POLICE will provide STATE ATTORNEY with all CJI for the administration of criminal justice purposes through all systems. 2. The INTERIM 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 ATTORNEY 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 INTERIM CHIEF OF POLICE only for criminal justice purposes. 5. The STATE ATTORNEY will maintain any information obtained from INTERIM 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 INTERIM CHIEF OF POLICE access to all DATABASES for sharing of evidence. 7. The STATE ATTORNEY shall issue login credentials to the INTERIM CHIEF OF POLICE employees upon request of the INTERIM CHIEF OF POLICE. The INTERIM CHIEF OF POLICE shall immediately notify STATE ATTORNEY of termination of any employees who have access to STATE ATTORNEY system. INTERIM CHIEF OF POLICE shall also immediately notify STATE ATTORNEY of discovery of any INTERIM CHIEF OF POLICE employees misusing or accessing the systems in violation of this MOU. 8. The INTERIM CHIEF OF POLICE will provide access to all cloud -based systems and shall issue login credentials to STATE ATTORNEY. 9. The INTERIM CHIEF OF POLICE will provide access to agency RMS systems and shall issue login credentials to STATE ATTORNEY. INTERIM CHIEF OF POLICE shall provide STATE ATTORNEY 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 must ensure all devices with connectivity to the CH 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. CJI 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 I. 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 p o 1 i c i e s , procedures and operating instructions contained in the FBI CJIS Security Policy are hereby incorporated i n t o 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 CJI via the INTERIM 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 INTERIM CHIEF OF POLICE for its records. 17. The STATE ATTORNEY will provide a point of contact to the INTERIM 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 INTERIM CHIEF OF POLICE of the outcome of investigations related to violations of this agreement. 18. The INTERIM 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 INTERIM 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 programs/systems information. 20. All INTERIM 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 rules and regulations of FDLE. The INTERIM CHIEF OF POLICE shall immediately notify the STATE ATTORNEY of termination or upon arrest of INTERIM CHIEF OF POLICE employees who have access to LOCATIONS. The INTERIM CHIEF OF POLICE shall also immediately notify the STATE ATTORNEY upon discovery of any INTERIM CHIEF OF POLICE employees misusing or accessing the LOCATIONS in violation of this MOU. 21. Either party may terminate this agreement with a written notice of at least thirty (30) days. Additionally, either party 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 commence 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 amended without written agreement executed by both parties. INTnlM CHIEF OF POLICE STATE ATTORNEY John Graczyk The Honorable William M. Gladson Clermont Police Department Office of the State Attorney, Fifth Judicial Circuit 3600 South Highway 27 110 NW First Avenue, Suite 5000 Clermont, FL 34711 Ocala, FL 34475 Date: ON D( 2OZS Date: 04/01/2025