HomeMy WebLinkAboutAgreement_General_03/12/2009McWilliams, Lori
From: McCollom, William
Sent: Friday, May 29, 2009 12:38 PM
To: McWilliams, Lori
Cc: Couzzo, Michael
Subject: PALMS Agreement
Per the Sheriff s Office the PALMS Agreement that they requested is going to be re-written so the one we have executed
will not be signed by the Sheriff.
Chief William E. McCollom
Tequesta Police Department
357 Tequesta Drive
Tequesta, Fl 33469
(561) 744-4019
(561) 745-7877 FAX
(561) 431-0572 eFax
Florida has a very broad public records law. Most written communications to or from state or local officials regarding
state or local business are considered to be public records and will be made available to the public and the media upon
request. Therefore, your email message is subject to disclosure.
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PALMS iJSER AGREEMENT
THIS AGREEMENT, made and entered into this _/~___ day of
~t~~~ , 2009, by and between RIC L. BRADSHAW, SHERIFF
OF PALM BEACH COUNTY, FLORIDA, hereinafter referred to as "SHERIFF" and TEQUESTA
POLICE DEPARTMENT, hereinafter referred to as "USER".
WHEREAS, the SHERIFF maintains and operates the Palm Beach Automated Law
Enforcement Management System, hereinafter referred to as "PALMS", which contains information
relative to crimes, criminals, and criminal activity, and
WHEREAS, the USER is a law enforcement agency within the jurisdictional confines
of Palm Beach County that requires rapid access to criminal justice information available through
PALMS, and
WHEREAS, access to information compiled and stored by the Clerk of the Court through a
telecommunications system is operated and provided for by the SHERIFF through the PALMS
system,
IT IS HERESY AGREED that the SHERIFF will provide access to the PALMS, system to
the USER upon the following terms and conditions:
1. The SHERIFF shall provide to the USER an interface circuit through a telecommunications
system which allows access to the information compiled and stored in the PALMS
systems.
2. The USER fully understands that the information compiled and stored in the
PALMS systems cannot always be verified by the SHERIFF and is provided as
information only to the USER by the SHERIFF.
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PALMS USER Agreement
3. The USER shall, at all times, comply with all applicable federal and state laws, rules,
regulations, policies, procedures, and interagency agreements relative to and concerning
the use of information forming the basis of this Agreement.
4. The USER shall assume and be fully responsible for certain fees or costs
relative to this Agreement. The user is responsible for all individual cost such as Frame
Circuits, Metro E and or Tl connection. The Sheriff does not charge for access to PALMS
data.
S. The USER understands that. the SHERIFF shall retain total and complete control over
the management and operation of the information and telecommunication system
forming the basis of this Agreement.
6. The SHERIFF shall maintain the interface circuit and/or equipment leased
through the SHERIFF by the USER. The SHERIFF shall provide installation of the
interface circuit at the USER's location, if required.
7. The USER shall assume full responsibility for the cost and fees relative to the
relocation and operation of the USER interface circuit in the event the interface
circuit must be moved.
8. In the event the interface circuit malfunctions or becomes inoperable, the
USER shall provide immediate notice to the SHERIFF. The SHERIFF will not be
responsible in any way for any inconvenience that may be caused by the circuit
malfunction.
9. The SHERIFF shall provide written notification of any system software
changes presumed to impact the USER prior to the implementation of the change.
10. The USER shall use and adhere to the rules, regulations, policies, procedures, and interagency
agreements established by FILE for access to the telecommunication system forming the basis
of this Agreement.
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PALMS USER Agreement
11. The USER shall ensure the security of the interface circuit and prevent any unauthorized use.
12. The USER shall treat the information obtained from the PALMS system in a manner that
conforms to all federal and state laws and all federal, state, and local rules, regulations, policies,
procedures, and interagency agreements relative to or concerning the security and right of privacy in
such. information.
13. USER shall provide a minimum of thirty (30) days advance notice of any proposal to add new
equipment and/or relocate existing equipment.
14. USER shall reimburse the SHERIFF for any and all costs directly or indirectly associated with
USER equipment and/or transactions provided by the SHERIFF. The USER understands that
there are costs associated to accessing certain information and agrees to reimburse the SHERIFF
for any such costs.
15. The USER shall indemnify and hold harmless the SHERIFF and his agents,
representatives, and employees to the extent provided by Florida law for and against any and all
claims, demands, actions, lawsuits, including but not limited to, any false arrest or false
imprisonment that results from the use of information provided under this agreement
Further, the USER shall indemnify and hold harmless the SHERIFF for any loss,
cost, expense, attorney fees or other damages arising out of or involving any negligent acts
or omissions of the USER or his agents relating to the operation and use of the equipment
and information provided under this agreement.
16. This Agreement may be terminated without cause upon thirty (30) days prior written
notice.
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PALfVIS USER Agreement
ATTEST:
ATTEST:
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A"TTEST:
Lori McWilliams, CM~~~~uu~„~u,,
a
Village Clerk ,o`_~~G~G, OF..T~ci'~.
[VILLAGE
RIC L BRADSHAW, SHERIFF
PALM BEACH COUNTY, FLORIDA
By:
CHIEF OF POLICE WILLIAM McCOLLOM
TEQUESTA POLICE DEPARTMENT
By_ ~ ,
VILLAGE OF TEQUESTA
-~
Michael Couzzo
Village Manager
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
~% /' ~ ~
~~`~ ~~~ ~~1~~
Trela Wllite, Esq.
Village Attorney
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