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2009-49 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is made by and between the Center for Law Enforcement Technology, Training, & Research, Inc, a not - for -profit Flonda corporation with principal offices located at The Center for Law Enforcement Technology, Training, & Research, Inc 12201 Research Parkway, Suite 223 Orlando, Florida 32826 (407) 882 -1590 hereinafter referred to as "LETTR," and the Clermont Police Department 865 W Montrose Street Clermont, FL 34711 Law Enforcement Point of Contact jtk) . J L ( - / 0 P/A/4 -' Contact Phone ( 3 � , 7Z) $S V- _C5 �/& Contact email lkhN eke �E/ O r j Information Technology Point of Contact r /IJ iU t A rT( / /, Contact Phone (35 e_) d � `/ / - 7S 7 '' Contact email J3' A r; 'at ! C C /PrHcei F C . 07 hereinafter referred to as "AGENCY " f / A The Center for Law Enforcement Technology, Training, & Research, Inc The Center for Law Enforcement Technology, Training, & Research, Inc (LETTR) has been formed through the efforts of the University of Central Flonda (UCF) and Flonda law enforcement agencies, and/or their current or former employees or appointees, compnsing the Florida Law Enforcement Data Sharing Consortium ( "Consortium ") The primary purpose for LETTR's formation was to consolidate resources and intellectual property associated with the Florida Integrated Network for Data Exchange and Retneval (FINDER) FINDER is an information shanng system built over a several -year period through the cooperative effort of Florida law enforcement agencies and UCF 1 of 5 I B Purpose of this MOU The purpose of this MOU is to protiide foi unmteinipted FINDER service to the AGENCY for the per iod since October 1 2007 and shall continue du outili September 30, 2009 C Performance Under this MOU by LETTR For the penod of this MOU, LETTR agrees to I Provide technical support for versions of the FINDER application that are deployed to AGENCY dunng the period of this MOU 2 Develop and/or upgrade or modify "parsers" necessary to ensure connectivity between AGENCY and the FINDER system 3 To the extent permitted by LETTR's resources as determined by LETTR in its sole discretion, with due consideration to any recommendations by the Consortium, LETTR will develop and deploy enhancements to the FINDER system that address public safety needs 4 To the extent permitted by LETTR's resources as determined by LETTR in its sole discretion, with due consideration to any recommendations by the Consortium, LETTR will assist AGENCY with information shanng needs that may or may not be directly related to FINDER 5 LETTR has entered an Agreement with the Consortium that provides membership on the Consortium's Steenng Comrruttee for agencies executing this MOU D Performance Under this MOU by AGENCY For the penod of this MOU, AGENCY agrees that AGENCY's use of FINDER is contingent on the AGENCY retaining authonzed access to Flonda's Cnmmal Justice Network ( CJNet) The AGENCY's access to CJNet is governed through a Cnnunal Justice User Agreement between the AGENCY and the Flonda Department of Law Enforcement (FDLE) 2 AGENCY's use of FINDER must follow, where applicable, the Requirements established in the CJNet User Agreement These requirements include, but are not limited to a Use of the FINDER system is restncted to the administration of cnmmal Justice or as otherwise specifically authonzed or required by law 2 of 5 b It is the responsibility of the AGENCY to ensure access to FINDER is for authorized purposes only, and to regulate proper use of the network and information at all times c The AGENCY will allow only properly screened, authonzed personnel performing a cnmmal justice function to have access to information contained within the FINDER system d The AGENCY will disseminate information denved from FINDER only to criminal justice agencies and only for cnminal justice purposes Cnnunal justice purposes include cnmmal justice employment screening 3 AGENCY's use of FINDER must follow specific requirements that were developed by LE fTR in conjunction with the Flonda Law Enforcement Data Sharing Consortium These requirements are a The AGENCY shall permit a LETTR appointed inspection team to conduct inquines with regard to any alleged or potential secunty violations, as well as for routine audits b To the extent provided by law, the AGENCY agrees to be responsible for the negligent acts or omissions of its personnel ansing out of or involving any information contained in, received from, entered into or through FINDER c LETTR is not responsible for the acquisition, maintenance, operation, repair, or supplies or software licensing for workstations, servers, nor for AGENCY personnel costs related to the use of FINDER d Any request 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 onginal contnbutor of the information to the FINDER system 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 E Liability 1 AGENCY understands that LETTR, its officers, 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 Toss, cost, expense or damages resulting from or ansing out of the acts, omissions, or detnmental reliance of the personnel of the AGENCY in entering, removing, or relying upon information transmitted through FINDER 2 To the extent provided by law and m ithout waning its sovereign immunity, the AGENC Y agrees to be responsible for the negligent acts or omissions of its personnel ansing out of or involving any information contained in, received from, entered into or through FINDER 3 LEI TR acknowledges that it has the nght to conduct the foregoing services, and, to the best of 3 of 5 I its knowledge, the activities hereunder do not conflict with any duties or obligations of LETTR to any other agency, entity, or third party LETTR 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 - infnngement of rights pursuant to the provision of services under this MOU LETTR is not liable for any direct, indirect, consequential, special or other damages suffered by AGENCY as a result of AGENCY's use of LET f R's services F Patents, Copyrights, Intellectual Property 1 Except to the extent that other provisions are made by law or governing administrative authonty, ownership of patents, copynghts, software or intellectual property of any type that result from LETTR's performance under this MOU, including, but not limited to, all FINDER applications, upgrades, and parsers, will remain with LETTR 2 AGENCY shall have a nonexclusive, nontransferable, non - commercial, royalty -free license, without nght to sublicense, for the effective penod of this MOU, for the FINDER software application and all software developed by LETTR on AGENCY's behalf 3 LETTR agrees to safeguard any confidential matenal and data supplied to it by AGENCY to the same extent it safeguards its own F Termination I Either Party may terminate this MOU at any tunic by giving ninety (90) days wntten notice to the other party Except as provided in F 1(a), below, if termination is exercised by AGENCY, LETTR shall not refund any monies previously paid to LETTR by AGENCY or on AGENCY's behalf 2 LETTR may terminate this MOU immediately, without advance notice, in the event AGENCY breaks any obligation hereunder LETTR shall not refund any monies previously paid to LETTR by AGENCY or on AGENCY's behalf 3 Upon termination of this MOU for any reason, AGENCY's license in and to FINDER applications and related intellectual property shall immediately cease G Payment No payment from AGENCY is due. Payment for AGENCY has been and/or will be made 1 through the Oiane County Sheriff's Office fiom wailt(s) received from the State of Florida and/or the United States Department of Justice on behalf of the AGENCY and all Region 5 RDSTF agencies 1-1 Amendments This instrument contains the entire MOU between LETTR and AGENCY with respect to the subject matter hereof This MOU may only be amended by wntten mutual agreement of 4 of 5 authorized iepiesentati\es limn LEI FR and AGENC Y I Assignment Neither party may assign this MOU without the pnor wntten consent of the other party 1 Governing Law This MOU is to be governed and construed in accordance with the laws of the State of Flonda and all applicable Federal statutes and regulations K 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' foes to Include those incurred in connection with any actual or intended mediation, arbitration, tnal or appeal IN WITNESS WHEREOF, the parties have caused this MOU to be effective as of the date first wntten by their duly authorized representative / L i For LETTR (signature) For • ' ENCY (signatu ') Date Mark D Strobndge ,�f66 C L• // /44 0/r( / k Executive Director Pnnt Name Title 5 of 5