2017-25 MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (herein after referred to as "MOU") is entered into by
Charles Broadway as Chief of Police for the City of Clermont Police Department(hereinafter"CPD")and
Peyton C. Grinnell, Sheriff of Lake County, Florida (hereinafter referred to as "SHERIFF"). This MOU
is for the sole purpose of hosting Spillman C.A.D. software R.M.S. so as to assist law enforcement.
WHEREAS, the subscribing law enforcement agencies are so located in relation to each other
that it is to the advantage of both parties to enter into this agreement so as to better protect the public
peace and safety and to preserve the lives and property of their citizens,and
NOW THEREFORE,the parties agree as follows:
1. TERM: This MOU is for the period of five(5)years which shall commence and be effective on
the_day of ,2017 and continue in full force and effect through the day of
,2022(herein after"Initial Period"). The Parties may renew this MOU at the end of
the Initial Period for successive five(5)year periods upon agreement of the Parties as to the FEE
as outlined in paragraph 3;below.
2. SHERIFF RESPONSIBILITIES: SHERIFF agrees to host the Spillman server software of
CPD on SHERIFF'S hardware within the datacenter of SHERIFF while this MOU and any
renewal or addendum is in effect.
3. CPD RESPONSIBILITIES: CPD agrees to do the following:
a. CPD shall pay SHERIFF a FEE of$4,724.98/year for the first year. FEE is comprised of
the hardware recovery cost of$2,869.36 plus$23.79 per user multiplied by 78 user
accounts($1,855.62) for a total of$4,724.98. Said FEE is.due and payable within 30
days of the date first signed below and thereafter on each successive year anniversary of
the date signed below. The amount of the FEE for each subsequent year is subject to
change dependent upon number of users and maintenance cost. The Parties agree to
negotiate the FEE for each year subsequent to the first year.
• b. CPD shall have atrained and certified Spillman Application Administrator perform
Spillman related CPD user account maintenance,training, agency software maintenance
and troubleshooting.
c. CPD will abide by Florida's public records laws and will notify SHERIFF immediately
of any such request which involves any SHERIFF data obtained or used by CPD pursuant
to this MOU.
d. CPD shall provide secure encrypted V.P.N. connectivity between CPD and SHERIFF
utilizing Cisco A.S.A. firewall device.
e. CPD shall be responsible for and pay for any connectivity charges incurred as a result of
or for this MOU.
f. CPD shall be responsible for all costs incurred or due for data removal and conversion
upon termination or expiration of this MOU.
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g. CPD shall be responsible for the payment of all of its own costs and expenses incurred as
a result of this MOU including equipment and personnel
4. TERMINATION AND RENEWAL: Either Party may terminate this MOU, with or without
cause, upon ninety (90)i days written notification to the other; however, neither Party may
terminate this MOU within one (1) year of the Effective Date (date last signed by the Parties)
except for cause. If at any time CPD terminates this MOU or any renewal or addendum prior to
its normal expiration, all duties and obligations of the SHERIFF shall end as of the date of
termination stated in the notice and the SHERIFF may retain as property of the SHERIFF any
moneys previously paid by CPD. CPD,may elect to renew this MOU for successive five(5) year
periods upon sixty(60)days written notification to SHERIFF prior to the end of the term.
5. ACCESS: SHERIFF or any of his duly authorized representatives shall have access at
reasonable times and upon reasonable notice to CPD for the purpose of audit and examination of
computer and information systems of CPD and its consultants and contractors under this MOU.
6. PROHIBITIONS: Neither Party shall assign this MOU. CPD shall not:
a. Copy, download, scrape, store, publish, transmit, retransmit, transfer, distribute,
disseminate, broadcast, circulate, sell, resell or otherwise use the data or information of
SHERIFF or of any other agency that is on or has data or information on the SHERIFF'S
system or any portion of such in any form or by any means,except:
i. As expressly permitted by this MOU; or
ii. With written consent of SHERIFF.
b. Take any action Cr refrain from acting when such would violate any contract between Spillman
and SHERIFF or violate the terms of Spillman's contracts.
7. SEVERABILITY: In the event any provision of this MOU is held to be unenforceable for any
reason,the unenforceability thereof shall not affect the remainder of the MOU which shall remain
in full force and effect and enforceable in accordance with its terms.
8. ENTIRE.AGREEMENT: This document incorporates and includes all prior negotiations,
correspondence,conversations,agreements,and understandings applicable to the matters
contained herein and the parties agree that there are no commitments, agreements,or
understandings concerning the subject matter of this MOU that are not contained in this
document. Accordingly,it is agreed that no deviation from the terms hereof shall be predicated
upon any prior representations or agreements whether oral or written.
9. NOTICE: All notices, demands, or other writings required to be given, made or sent in 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:
SHERIFF CPD
Peyton C. Grinnell, Sheriff Charles Broadway, Chief
Lake County Sheriff's Office Clermont Police Department
360 West Ruby Street 3600 S Hwy 27
Tavares,Florida 32778 Clermont, Florida 34711
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10. SOVEREIGN IMMUNITY/THIRD PARTIES: The Parties to this MOU are state agencies or
political subdivisions as defined in§768.28,Fla.Stat. and agree to be fully responsible for the acts
and omissions of their-own agents or employees to the extent permitted by law. Nothing herein
shall operate as a waiver of the Parties' sovereign immunity pursuant to the Florida Constitution
and§768.28,Fla.Stat. There are no intended.third party beneficiaries to this agreement,and
nothing herein shall be construed to grant any person, firm, or other entity which is not a
signatory to this MOU any rights,benefits,or privileges to rely on or demand performance of any
provision of this MOU.
Accepted and Acknowledged:
Date: 3 — 7- "7 Date: 1 )'7
Il
Char es Broadway, Chief of Police ' Peyton C. Grinnell, Sheriff
Clermont Police Department Lake County Sheriff's Office
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Ap. .ved as to fo d legality:
WI
1041r. W.Or er,Esq.,General Counsel
Lake County Sheriff's Office