Contract 2018-25 MEMORANDUM OF UNDERSTANDING (FLORIDA)
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
3600 South Highway 27
Clermont, FL 34711
hereinafter referred to as "AGENCY."AGENCY's designated contacts are as follows:
Law Enforcement Point of Contact: L,qp`- infrii / /'
Contact Phone: 35-2 - 5 3 t• g9 oz
Contact email: c ,rsk— G/1 -
Information Technology Point of Contact: \
Contact Phone: 3'3 -
Contact email: v �1 �. e rti\ci -c 1 . C �
Public Records Custodian/RMLO:- 1 v,% Q.
Contact Phone:
Contact email: 1 [
AGENCY agrees to notify LETTR in writing if there are any changes to the above contacts.
A. The Center for Law Enforcement Technology, Training& Research, Inc_
The primary purpose for the establishment of a not-for-profit corporation (LETTR) in 2007 was to consolidate
resources and to maintain and protect intellectual property associated with the Florida Integrated Network for
Data Exchange and Retrieval (FINDER). FINDER' is an information sharing system built through the cooperative
efforts of Florida law enforcement agencies and the University of Central Florida (UCF). As used herein, and
where applicable, the term "FINDER"shall include the PawnWeb system if utilized by the AGENCY.
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B. Purpose and Term of this MOU
The purpose of this MOU is to set forth the terms and conditions under which LETTR will provide FINDER service
to the AGENCY for the period of October 1, 2017, through September 30, 2018. The provisions of this MOU
which govern AGENCY's use of FINDER will remain in effect beyond the expiration of this MOU should AGENCY
continue utilizing the FINDER system for any period of time not covered by a subsequent MOU.
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 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 Florida Law Enforcement Data Sharing Consortium
("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. Pursuant to the Bylaws of the Consortium, AGENCY may appoint one member and one alternate to the
Steering Committee of the Consortium. Unless AGENCY instructs LETTR otherwise, AGENCY's
representative on the Steering Committee will be the Law Enforcement Point of Contact listed on page 1
hereof. Said representative will receive notification of all Consortium meetings and other issues of
importance to the membership.
6. Public Record of Agreement
a. LETTR shall comply with the Florida public records laws found in Chapter 119 of the Florida Statutes
and, as specifically required by F.S. 119.0701(2)(b), LETTR will: "(1) Keep and maintain public records
required by the public agency to perform the service; (2) Upon request from the public agency's
custodian of public records, provide the public agency with a copy of the requested records or allow
the records to be inspected or copied within a reasonable time 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 for the duration of the contract term and following completion of the contract if the
contractor does not transfer the records to the public agency;and (4) Upon completion of the contract,
transfer, at no cost, to the public agency all public records in possession of the contractor or keep and
maintain public records required by the public agency to perform the service. If the contractor transfers
all public records to the public agency upon completion of the contract, the contractor shall destroy
any duplicate public records that are exempt or confidential and exempt from public records disclosure
requirements. If the contractor keeps and maintains public records upon completion of the contract,
the contractor shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the public agency, upon request from the public agency's custodian
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of public records, in a format that is compatible with the information technology systems of the public
agency."
Should LETTR fail to comply with the public records laws, AGENCY may immediately terminate this
agreement by delivering a written notice of termination to LETTR at the address specified on page 1
hereof.
b. IF THE CONTRACTOR (LETTR) HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THEY WILL CONTACT
THE AGENCY'S CUSTODIAN OF PUBLIC RECORDS SPECIFIED ON PAGE 1 HEREOF.
D. Performance Under this MOU by AGENCY
For the period of this MOU, AGENCY agrees that:
1. AGENCY'S use of FINDER is contingent upon the AGENCY retaining authorized access to Florida's Criminal
Justice Network (ONet). 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:
a. Use of the FINDER system is restricted to the administration of criminal justice or as otherwise
specifically authorized or required by law. AGENCY will allow only properly screened, authorized
personnel to have access to information contained within the FINDER system.
b. It is the responsibility of the AGENCY to ensure that access to FINDER is for authorized purposes only
and to regulate proper access to and use of the system and information at all times.
c. 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. Records contained in FINDER must be verified with and documented by the contributing
agency.
3. AGENCY must follow the current U. S. Department of Justice Criminal Justice Information Security Policy
which can be found at https:J/www.fbi.Rov/services/ciis/ciis-security-policy-resource-center. The current
version is 5.6 dated:June 5,2017,C1lSD-ITS-DOC-08140-S.6.
4. AGENCY is only authorized to provide FINDER access to their own personnel. Requests from other agencies
for a FINDER user account, including for multi-agency task forces, should be referred to support@lettr.org.
5. AGENCY's use of FINDER must follow specific requirements that were developed by LETTR in conjunction
with the Consortium. These requirements are:
a. The AGENCY shall permit LETTR personnel to conduct inquiries with regard to any alleged or potential
security violations,as well as for routine audits. AGENCY personnel should be on notice that the FINDER
system logs every query.
b. AGENCY will permit LETTR personnel to access AGENCY's local FINDER server (via secure remote
connection)as necessary for FINDER updates and/or troubleshooting.
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c. Any public records request made 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 from another law enforcement agency
for information obtained from the FINDER system will be treated as exempt pursuant to Section
119.071(2)(c)2a. 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.
d. 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 the statutory definition thereof.
6. LETTR is not responsible for the acquisition,maintenance,operation or repair of AGENCY's workstations or
servers, or for supplies or software licensing therefor; or for AGENCY's personnel costs related to the use
of FINDER.
E. Data Ownership;Accuracy,Security
1. AGENCY retains sole ownership of, exclusive control over, and sole responsibility for the information it
contributes and may at any time update or correct any of its information in FINDER,or delete some or all
data from FINDER or any other data sharing system connected to FINDER.
2. Information submitted by AGENCY will not be altered or changed in any way except by AGENCY or with
AGENCY's expressed written consent. AGENCY controls which of its personnel have access to the "Data
Expunge Utility" in FINDER.
3. All records in FINDER will be clearly marked to identify which law enforcement agency contributed the data.
Records must be verified by the contributing agency before using the information for affidavits,subpoenas,
warrants or any other purpose.
4. LETTR may share AGENCY's data with other systems such as NCIS's Law Enforcement Information Exchange
(LInX)and/or the FBI's National Data Exchange(N-DEx)which are national data sharing systems exclusively
for law enforcement. IF AGENCY DOES NOT WISH TO SHARE AND RECEIVE DATA NATIONALLY VIA THE
FINDER SYSTEM,CHECK THE "OPT OUT" BOX ON THE SIGNATURE PAGE.
5. The data provided by the AGENCY is never owned by LETTR,other data sharing systems,third party vendors
or government organizations. No agreement entered into by LETTR on behalf of the AGENCY to share data
with a national system will transfer ownership of AGENCY'S data to any other party.
6. Each party agrees to use the same degree of care in protecting information accessed under this MOU as it
exercises with respect to its own sensitive information. Each party agrees to take appropriate corrective
administrative and/or disciplinary action against any of its personnel who misuse the FINDER system as if it
were an abuse of their own sensitive information systems.
F. 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
transmitted 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 their programming services or involving any information contained in, received
from, entered into or transmitted 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 i5 a showing of gross negligence or
willful misconduct on behalf of LETTR.
G. 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.
H. Termination
1. Either Party may terminate this MOU at any time by giving thirty(30)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.
I. Payment
LETTR receives a Homeland Security Grant subsidy for maintenance of FINDER data-sharing services provided
to agencies located in Regional Domestic Security Task Force Region 5, Region 5 agencies are asked to support
continuing FINDER development and enhancements (e.g., Pawn Web) in accordance with the subscription fee
schedule established by the Consortium in 2003. Accordingly, AGENCY agrees to pay a single payment of
52,500.00 to LETTR at the address set forth on page 1 hereof for services provided during the term of this MOU.
Said payment is due within thirty(30)days of the execution of this MOU.
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1. Entire Agreement;Amendments
This instrument contains the entire agreement between LETTR and AGENCY with respect to the subject matter
hereof. This agreement will not be superseded by any other contracts or agreements between LETTR and any
other organization or government entity. This MOU may only be amended by written mutual agreement of
authorized representatives from LETTR and AGENCY.
K. Assignment
Neither party may assign this MOU without the prior written consent of the other party.
L. 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.
M. 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 duly authorized representatives of the parties hereto have caused this MOU to be
executed and effective as of the date indicated below.
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For LETT For AGENCY(signature) , Date
Ernie Scott j
Executive Director '' { Jot /
Print Name
t (e
Title
❑ Check here to opt out of national data sharing per Section E.4
of this MOU. "Data Ownership; Accuracy;Security"
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