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1834 SCSO Computer Support INTERAGENCY AGREEMENT SEMINOLE COUNTY SHERIFF'S OFFICE AND SANFORD POLICE DEPARTMENT AGREEMENT FOR CRIMINAL JUSTICE COMPUTER SERVICES AND SUPPORT THIS AGREEMENT is made and entered by and between DENNIS M. LEMMA, Seminole County Sheriffs Office, hereinafter referred to as "SHERIFF", a Constitutional Officer of the political subdivision of Seminole County, Florida, whose address is 100 Eslinger Way, Sanford, FL 32773, and the SANFORD POLICE DEPARTMENT, hereinafter referred to as "PD", whose address is 815 Historic Goldsboro Blvd., Sanford, FL 32771. WITNESSETH WHEREAS, the SHERIFF and PD,are criminal justice agencies, formally recognized by the Federal Bureau of Investigations (FBI) and the Florida Department of Law Enforcement (FDLE); AND WHEREAS, in accordance with sections 163.01(2) and 163.01(14) Florida Statutes, the SHERIFF and PD are authorized to enter into inter-local Agreements for the provision of services; AND WHEREAS,the SHERIFF presently has the benefit of access to the Florida Criminal justice network(CJNet),National Crime Information Center(NCIC),the Florida Crime Information Center, and the Interstate Identification Index (III) all hereafter referred to as FCIC,via network connectivity to the FDLE;AND WHEREAS, the SHERIFF has developed sophisticated law enforcement software which is presently in use by other lav enforcement and criminal justice agencies and is supported and maintained by Sheriffs Office staff on a seven days per week, twenty-four hours per day basis;AND WHEREAS,PD has determined that it is advantageous to enter into a contractual agreement wit4. the SHERIFF for the provision of criminal justice computer software services, including continued access to FCIC and state/national criminal justice information for the administration of criminal justice;AND WHEREAS, the Sheriff and PD entered into an agreement on June 15`, 2013 for similar services and wish to terminate that agreement upon execution of this agreement. NOW, THEREFORE, in consideration of the mutual understandings and agreements set forth herein,the parties agree as follows: 1. Agreement Term The TERM of this Agreement shall be from January Yd, 2017 until such time as either party desires to end the Agreement in accordance with termination provisions set forth in Section 8 of this Agreement, the dates of signature of the parties notwithstanding. 2. Purpose The purpose of this Agreement to establish terms and conditions under which the SHERIFF shall provide criminal justice computer software services and support to the PD. 3. Cooperation It is agreed that both parties shall provide all reasonable and necessary cooperation and assistance so as to facilitate the terms of this Agreement. 4. Basic Services 1. The SHERIFF agrees to: A. Provide CAFEWEB, XCAD, MICAD, Sherlock and other related criminal justice software available on the SHERIFF'S network to the PD. B. Provide database security and backup services for PD data residing on Sheriff's Office systems. C. Provide necessary instruction and training to PD personnel on CAFEWEB, XCAD, MICAD, Sherlock and other related software to support the use of new SCSO systems. After initial system setup, SHERIFF may,at its sole discretion,offer additional training to PD. D. Provide highest level(Tier 3) expert support to the PD for CAFEWEB,XCAD,MICAD, Sherlock and other related software. E. Share PD CAFEWEB data with the Law Enforcement Technology, Training and Research center to facilitate law enforcement data sharing on a regional, state and nationwide basis. F. Provide for a sufficient number of appropriately qualified personnel to perform those services set forth within this Agreement. G. Make reasonable efforts to ensure delivery of the provision of services set forth herein. SHERIFF makes no warranties, representations, or guarantees with regards to specific performance levels, data accuracy, data completeness, system uptime, security, or system integration and SHERIFF will not be held liable for any direct or indirect damages incurred by PD's use of the software/system(s),including but not limited to loss of data or loss of system use. 2. PD agrees to: A. Abide by all applicable local, state, and federal laws, rules and regulations, as well as the FBI CJIS Security Policy and rules and regulations of FCIC with regards to the use of said criminal justice computer systems, and ensure compliance with Florida Public Records laws in regards to exempt and confidential data contained within criminal justice software systems provided by the SHERIFF. B. Abide by all the terms and conditions of the Criminal Justice User Agreement executed between the FDLE and the SHERIFF,a copy of which is attached to this Agreement. C. Limit use of provided criminal justice computer systems to authorized personnel within the PD and only for the administration of criminal justice. D. Acknowledge, by executing this Agreement, that all software written by the SHERIFF is subject to copyright protection and may not be sold or transferred to any other entity without the express written consent of the SHERIFF. E. Provide adequate computer hardware compatible with the software, hardware and network equipment utilized by the SHERIFF. F. Ensure that all authorized PD personnel attend training on CAFEWEB,XCAD,MICAD, Sherlock and other related software provided by the SHERIFF prior to utilizing SHERIFF systems. G. Maintain all required software licenses required to access the SHERIFF'S lav enforcement software systems. H. Provide for a sufficient number of appropriately qualified personnel to support and maintain SHERIFF'S law enforcement software on PD computers. This includes performing technical support for basic user issues (Tier 1) and providing administrative level support (Tier 2) for advanced technical troubleshooting. I. Agrees to refrain from making additional impactful demands upon network traffic, (i.e. addition of streaming surveillance video or other large packet data)without first discussing it with SHERIFF or his Designee. J. PD agrees to not decompile or otherwise copy, or download content or data on SHERIFF'S System or other proprietary information of SHERIFF or any other participating agency using SHERIFF'S System under similar agreement for any purpose other than those stated in this Agreement, unless said data is that compiled and maintained on behalf of PD under this agreement. 5. Compensation and Payment The SHERIFF agrees to provide services as set forth in this Agreement to PD at no cost. 6. Indemnification Pursuant to Florida Statutes and to the extent provided for by Florida law, neither the SHERIFF not PD waives any defense of sovereign immunity, or increases the limits of its liability, upon entering into this Agreement. This Agreement does not contain any provision that requires one party to indemnify or insure the other party for the other party's actions, or to assume any liability for the other party's actions. 7. Dispute Resolution This Agreement shall be governed by and construed with the laws of the State of Florida. Venue shall be in Seminole County, Florida. The SHERIFF'S designee, Director Mary Fahlstrom,and PUS designee,Mr. Christopher McDeed, shall resolve minor disputes. Notices Whenever any party desires to give notice unto the other party,notice may be sent to: For SHERIFF: Director Mary Fahlstrom Seminole County Sheriff's Office 100 Eslinger Way Sanford, FL 32773 For PD: Mr. Christopher McDeed City of Sanford 300 N. Park Avenue Sanford, Florida 32771 8. Termination Either party may terminate this agreement upon providing ninety (90) days written notice, except that the SHERIFF may terminate this agreement immediately and without notice upon fording that the PD has willfully violated the terms of this agreement. Within thirty (30) days following termination, SHERIFF will provide PD with a copy of PD data stored on SHERIFF's systems in Microsoft SQL Server format. 9. Entire Agreement It is understood and agreed that the entire Agreement of the parties is contained herein and that this Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof, as well as any previous Agreement presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing,approved by the respective parties and duly executed on behalf of each party as set forth herein. IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the proper officers and officials. Sanford Po 'ce a nt Seminole County Sher" Office r By: Chief of Police Cecil E. Smith By: Sheriff Dennis WLemina ye Date Date City of Sanford By: City Mana on Bonaparte,Jr. V. z V-,-7 Date