Contract 2018-97 MEMORANDUM OF UNDERSTANDING
Electronic License and Vehicle Information System(ELVIS)
WITNESSETH
WHEREAS, on 25 day of October ,20 18 ("Effective Date")this MOU is entered into by
and between,the City of Tallahassee on behalf of the Tallahassee Police Department,hereafter referred to
as TPD,and the Clermont Police Department ,hereafter referred to as Contract
Agency(CA),are both criminal justice agencies,formally recognized by the Federal Bureau of
Investigation(FBI)and the Florida Department of Law Enforcement(FDLE),and;
WHEREAS, TPD and the CA are headquartered within the boundaries of the State of Florida,and;
WHEREAS, both TPD and the CA have entered in Criminal Justice User Agreements(UA)with FDLE
and are required to abide by the current FBI Criminal Justice Information System(CJIS)Security Policy
(CSP)for access to state and national Criminal Justice Information(CJI)as defined by the CSP,and;
WHEREAS,the FDLE CJIS Director functions as the CJIS Systems Officer(CSO)for the State of
Florida,required by the CSP and UA to grant and authorize access to CJI within the State of Florida,and;
WHEREAS, TPD presently has the benefit of Electronic License and Vehicle Information System
(ELVIS)interface,operated and maintained by Florida State University(FSU),which provides access to
the National Crime Information Center,hereafter NCIC,and the Florida Crime Information Center,
hereafter FCIC,and;
WHEREAS, the CA wishes to utilize ELVIS interface for access to NCIC and FCIC Information
Systems for law enforcement purposes,and;
WHEREAS,TPD is willing to share individual background screening information obtained from state
and national fingerprint-based records checks with the CA, in a manner consistent with the requirements
of the CSP;
NOW WHEREFORE,the parties agree as follows,
1. FSU will provide the TPD with a current and complete list of all personnel who require
unescorted physical or local access to CJI.
2. TPD will ensure all personnel provided in Section I,above,are appropriately screened and
trained.
Memorandum of Understanding(ELVIS) rev:October 16,2018
TPO and CA
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3. TPD will fingerprint and submit the requisite identification information on personnel who require
unescorted physical or local access to CJI prior to being granted access.TPD will use its criminal
justice ORI for submitting fingerprints required by the CSP and UA.TPD will retain the
fingerprint based records check,the signed security addendums,and the completed Security
Awareness Level 4 certificates for said personnel.
4. TPD will maintain a current and complete list of all personnel who have been authorized to
access CJI.Individual information shall include name, date of birth,and i I previously provided,
Social Security Number or unique identification to accurately identify the individual.
5. TPD shall provide to the CA the list of all personnel who are authorized access to CJI inside
ELVIS.
6. TPD shall defer to the FDLE CSO regarding any issues with respect to CJI access eligibility as
required by the CSP and UA.
7. When any change occurs to the list of authorized personnel,the TPD shall provide to the CA the
corrected or revised list of authorized personnel,and specifically identify any additions,deletions,
or modifications to the list.
8. TPD will notify the CA in the event that an individual,whether seeking or already authorized
access to CJI, is denied such access by the FDLE CSO.
9. To properly assess any potentially disqualifying information as it becomes available,every year,
TPD shall perform a name-based check via the FCIC message switch,to include,but not limited
to,hot files,and state/national criminal history record information searches,on all personnel
authorized access to CJI in ELVIS.
10. Upon notification/determination of any type of reported or observed criminal or other
disqualifying activity by an individual authorized access to CJI in ELVIS,the TPD shall
immediately notify the CA via formal correspondence of the individual's activity.
1(. TPD shall immediately notify the CA upon learning of the termination or suspension from
employment of an individual authorized access to CJI in ELVIS.
12. The CA shall be entitled to use,through agents and employees of the TPD,the ELVIS interface
located at the TPD for the purpose of gaining access to NCIC and FCIC information Systems for
law enforcement purposes.
I3. The CA agrees to abide by all applicable:oval,state, and federal laws,rules and regulations,as
well as the rules and regulations of NCIC and FCIC with regards to the use of any device
accessing CJI and/or ELVIS under the terms of this agreement.
14. The CA agrees to abide by all terms and conditions of the most recent UA executed into between
FDLE and the CA.
Memorandum of'Jnderstanding(ELV[5} rev:October 16,2018
TPA and CA
pg.2 of 5
15. The CA agrees that it shall make use of the ELVIS access in compliance with the CS?.
16. If the CA intends to use mobile devices(as defined in the CSP),the CA agrees to have and
operate a Mobile Device Management(MDM)solution as required by the CSP.
17. The CA agrees to retain responsibility for,and be ultimately liable for,the validity and accuracy
of all information or data submitted for entry into the NCIC and FCIC Information Systems by
the CA,CA's agents,and the CA's authorized designees. Subject to such authority and
limitations provided pursuant to Section 768.28,Florida Statutes,and subject strictly to the
financial limits stated in Section 768.28,Florida Statutes,the CA shall indemnify and hold
harmless TPD for any and all liability relating to or arising out of the validity and accuracy of
information and data it submits for entry into the NCIC and FCIC Information Systems.
18. TPD agrees to retain responsibility for,and be ultimately liable for,the validity and accuracy of
all information or data submitted for entry into the NCIC and FCIC Information System entered
by TPD,TPD agents,and TPD's authorized designees, Subject to such authority and limitations
provided pursuant to Section 76828,Florida Statutes,and subject strictly to the financial limits
stated in Section 768 28, Florida Statute,TPD agrees to save and hold harmless,and indemnify
the CA from any and all liability relating to or arising out of the validity and accuracy of
information and data it submits for entry into the NC1C and FCIC Information Systems.
19. The CA retains ownership of all records created inside ELVIS by the CA and responses generated
as a direct result of the CA,including user accounts,account access and audit logs,user activity,
query history,and query responses,and agrees to fulfill any and all public records requests
regarding those records.
20. The CA grants TPD permission to retain and host all records created inside ELVIS by the CA in
accordance with the CSP and FDLE UA.
21. The CA grants TPD and aforementioned personnel provided in section 1 permission to view and
create records in FSU ELVIS on behalf of the CA solely for the purposes of training or
troubleshooting.
22. The CA agrees that neither TPD nor the aforementioned personnel provided in section 1 are
responsible for fulfilling public records requests on behalf of the CA.TPD agrees to forward all
public records requests it receives for records created and/or owned as described in section 19 by
the CA to the CA.
23. In compliance with the FDLE UA,the CA agrees to have a formal written policy restricting
ELVIS access to agency owned devices and forbidding access and use of ELVIS on personally
owned or public devices.
24. TPD agrees that the current Terminal Agency Coordinator(TAC)of the CA as recorded with
FDLE and/or the current agency head within the CA shall be notified by TPD of updates and
information regarding personnel authorized to access CJI, including but not limited to when an
Memorandum of Understanding(ELVIS) rev:October 16,2018
TP0 and to
pg. 3ofS
individual is added or removed from the list of authorized users or when an individual on the list
is arrested.
25. TPD shall have formal written guidelines defining the processes associated with implementation
of this Agreement.
26. TPD will forward a copy of this Agreement of the FDLE CSO.
27. The term of this agreement shall commence on the Effective Date and shall remain in full force
and effect until terminated in accordance with the terms herein.
28. Either party may terminate this Agreement upon sixty(60)business days' written notice or
immediately by TPD without notice upon finding that the CA has violated terms of this
Agreement,or immediately by the CA without notice upon finding that TPD has violated the
terms of this Agreement.
29. This agreement constitutes the entire agreement of the parties and may not be modified or
amended without written agreement executed by both parties.and establishes procedures and
policies that will guide all parties to comply and adhere to the CJIS Security Policy.
30. This Agreement supersedes all prior or contemporaneous negotiations, commitments,agreements
(written or oral) and writings between TPD and the CA with respect to the subject matter hereof
All such other negotiations,commitments,agreements and writings will have no further force or
effect,and the parties to any such other negotiation:commitment,agreement or writing will have
no further rights or obligations there under.
IN WITNESS HEREOF,the parties hereto have caused this Agreement to be executed by the proper
officers and officials.
Tallahassee Police Department
Agency Name PD)
.Authorized Signato TPD)
Michael J. DeLeo,#100 Chief of Police
Printed Name ' ID# Title
ATTEST T{):
,reanemomBy:— 'j/ .f 4 =' c,IT v Q 1
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James U. • ke, IV,City Treasurer-Clerk .........• '14,� �.•,
Approved • • to form: �rtiCOAP la
44.
Memorandum of Understanding(ELVIS) • A. O
840 : �.S rev:October 16.2018
TPD and CA
• • 1 • 2116
,14 • .....•''��'�f
By: /
Theresa A. Flury,Asst.City Attorney A.
IPl Y-iG,viI �: �G ! l r �.
Agency Name(CA) --7
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AdthorizedSignatory(CA)
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Printed Name/ID# Title
Witness Si azure(CA)
Printed Name/ID# Title
The current FBI CBS CSP mandates all agencies connected to the FBI CJ/S systems adhere to
regulation set forth within the Security Policy. Included within the term "personnel"are all
individuals who are utilized by criminal justice agencies to implement. deploy. and/or maintain the
computers and/or networks of the criminal justice agency which are used to access FBI CJ1S systems.
These individuals include city/county IT personnel, and private vendors. The subject of non-criminal
justice governmental personnel and private vendors is addressed in Sections 5.1.1.5(1)of the CJIS
Security Policy, and the Security Addendum, which can be found in Appendix H.
Memorandum of Understanding(ELVIS) rev:October 16,2018
TPD and CA
pg.5 of 5
ELVIS PERSONNEL AUTHORIZED ACCESS FOR NCS IFCIC
» accordance w h the Memoraum of Understanding (ELVIS)the following is a list of
all authorized personnel with NC|CFC|C access as of October 17, 2018:
1. Zoe Williams— Program Manager
2. Albert D her— Lead Support
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