HomeMy WebLinkAboutAgreement_General_11/12/2009 (2)PALMS, FCIC, NCIC USER AGREEMENT
THIS AGREEMENT, made and entered into this _L} `~_ day of
cl_) cs c ~ ~i.~-, ~~ ~2 , 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 SHERIFF has entered into an Agreement with the Florida
Department of Law Enforcement providing the SHERIFF with rapid access to both intrastate
and interstate criminal justice information through the Florida Crime Information Center, hereinafter
referred to as "FCIC", and the National Crime Information Center, hereinafter referred to as
"NCIC", 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, FCIC, and NCIC, 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 HEREBY AGREED that the SHERIFF will provide access to the PALMS, FCIC,
NCIC 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,
FCIC, NCIC systems.
2. The USER fully understands that the information compiled and stored in the
PALMS, FCIC, NCIC systems cannot always be verified by the SHERIFF and is
provided as information only to the USER by the SHERIFF.
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.
5. 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. 'T'he USER shall use and adhere to the rules, regulations, policies, procedures, and interagency
agreements established by FII,E for access to the telecommunicafion system forming the basis
of this 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, FCIC, NCIC system in a
manner that conforms to all federal and state laws and all federal, shabe, 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.
ATTEST:
ATTEST:
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ATTEST:
Lori McWilliams, CMC
Village Clerk
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RIC L BRADSHAW S RIFF
PALM BEACH Y, FLORIDA
By:
CHIEF OF POLICE WILLIAM McCOLLOM
TEQUESTA POLICE DEPARTMENT
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VILLAGE OF TEQUESTA
Michael Couzzo
Village Manager III 1'd I U~
AS TO FORM AND LEGAL
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~/~,,~~` .-~~e-~fiite, Esq.
~.~; ~illage Attorney