2015-92 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 Florida corporation with principal offices located at:
The Center for Law Enforcement Technology, Training& Research, Inc.
3452 Lake Lynda Drive, Suite 190
Orlando, FL 32817
(407) 545-3730
hereinafter referred to as "LETTR" and the:
Clermont Police Department
865 W Montrose St
Clermont, FL 34711
Law Enforcement Point of Contact:$, 2)m,- J o ,A.r'
Contact Phone: 352 - 39 L(! SS' 33 x 12 Y
Contact email: I;pc,I A g) CJ i r fond- e( . 6 c:5
Information Technology Point of Contact. Ip rt bcA n i S
Contact Phone: 2j 5 2- 2'(I - " 31'3-
Contact email- .Adk/l r‘c S ap GIC.r nta rvi- c( . D D
hereinafter referred to as"AGENCY."
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 Florida (UCF) and Florida law enforcement agencies, and/or their current or
former employees or appointees, comprising 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 Retrieval (FINDER). FINDER is an information
sharing system built over a several-year period through the cooperative effort of Florida law enforcement agencies
and UCF.
B. Purpose of this MOU
The purpose of this MOU is to provide for uninterrupted FINDER service to the AGENCY for the period of
October 1, 2015,through September 30, 2016.
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C. Performance under this MOU by LETTR
For the period of this MOU, LETTR 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 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
sharing 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
Steering Committee for agencies executing this MOU.
6. Public Record of Agreement
a. The Center for Law Enforcement Technology, Training&Research, Inc. shall retain all public
records to comply with Florida Public Records laws, Chapter 119 of the Florida Statutes, specifically
to: (1) Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service; (2)Provide the public with access to public records on
the same terms and conditions that the public agency would provide the records and 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; and (4)Meet all requirements for
retaining public records and transfer, at no cost to the public agency all public records in possession
of the contractor upon termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. All records stored
electronically must be provided to the public agency in a format that is compatible with the
information technology systems of the public agency. Failure to comply with the Public Records
disclosure shall result in this Agreement being terminated immediately upon delivery of written
notice of termination to the Center for Law Enforcement Technology, Training& Research, Inc.
b. The Public records and their retention schedules are defined in Chapter 119, Florida Statutes
D. Performance under this MOU by AGENCY
For the period of this MOU,AGENCY agrees that
1. AGENCY's use of FINDER is contingent on the AGENCY retaining authorized access to Florida's
Criminal Justice Network (CJNet). The AGENCY's access to CJNet is governed through a Criminal
Justice User Agreement between the AGENCY and the Florida 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:
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a Use of the FINDER system is restricted to the administration of criminal justice or as otherwise specifically
authorized or required by law
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 their properly screened,authorized personnel performing a criminal justice
function to have access to information contained within the FINDER system.AGENCY is only authorized
to provide FINDER access to their personnel and not to personnel of any other agencies.
d. The AGENCY will disseminate information derived from FINDER only to criminal justice agencies and
only for criminal justice purposes. Criminal justice purposes include criminal justice employment
screening.
3. AGENCY must follow the current U. S. Department of Justice Criminal Justice Information Security Policy.
The current version is 5.3 dated: August 4, 2014,CJISD-ITS-DOC-08140-5.3.
4. AGENCY's use of FINDER must follow specific requirements that were developed by LETTR in
conjunction with the Florida Law Enforcement Data Sharing Consortium. These requirements are
a The AGENCY shall permit a LETTR appointed inspection team to conduct inquiries with regard to any
alleged or potential security 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 arising 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 or repair of, or supplies or software
licensing for,workstations or servers, nor for AGENCY's 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 original contributor of the information to the
FINDER system. Any request to the AGENCY pursuant to Chapter 119, F.S., for information obtained
from another from the FINDER system will be treated as exempt pursuant to Section 119.071(2)(c)2 a. 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. 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 all Florida statutory requirements.
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 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 FINDER
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2. To the extent provided by law, 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 through
FINDER.Nothing herein shall be construed to be a waiver of sovereign immunity
3. To the extent provided by law, LETTR agrees to be responsible for the negligent acts or omissions of its personnel
arising out of the programming or involving any information contained in or entered into or through FINDER
4. LETTR acknowledges that it has the right to conduct the foregoing services and, to the best of 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-infringement 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 LETTR's services unless there is a showing of gross negligence or willful misconduct on
behalf of LETTR.
F. Patents,Copyrights, Intellectual Property
1. Except to the extent that other provisions are made by law or governing administrative authority, ownership
of patents, copyrights, 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 right to
sublicense, for the effective period 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 material and data supplied to it by AGENCY to the same extent
it safeguards its own and in accordance with State law.
G. Termination
I Either Party may terminate this MOU at any time by giving ninety(90)days written notice to the other party.
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.
H. Payment
In consideration for the services provided during the term of this MOU,AGENCY agrees to pay a single payment
of$2500.00 to LETTR at the address set forth on page 1 hereof. Said payment is due within thirty(30)days of
the execution of this MOU
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I. 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 written mutual agreement of authorized representatives from
LETTR and AGENCY
J. Assignment
Neither party may assign this MOU without the prior written consent of the other party
K. 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.
L. 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 parties have caused this MOU to be effective as of the date first written by their
duly authorized representative.
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For LETTR For AGENCY(si ature) Date
Mark D. Strobridge
Executive Director C ho CV) (Cydd LuI+ f C
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