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MEMORANDUM OF UNDERSTANDING FOR OPERATION OF INMATE PHONE SYSTEM MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU), which is being executed by Jim Coats, as Sheriff of S'd Klein Chief of Police, Clearwater Poli Pinellas County, Florida (PCSO) and l?epartmeAt ((PARTNER),ce establishes a relationship for the initiation and operation of the Pinellas County Sheriff's Office Inmate Phone System (IPS), also known as the Lazer Phone Management System. WHEREAS PCSO, through an application designed and developed by Global-Tel-Link (GTL), will provide PARTNER with technologies intended to aid investigation and information gathering operations through playback and monitoring features from recorded inmate telephone calls. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual terms and conditions set forth herein, PCSO and PARTNER agree as follows: 1. Term This Agreement shall begin on the date upon which both parties have signed this MOU. This 0 agreement shall continue until terminated by either party, pursuant to the, procedures described in paragraph 5 of this MOU. 2. Obligations of PCSO A. To provide PARTNER with secure user access to the IPS, subject to the terms and conditions of this Agreement and PCSO policies regarding access to the IPS. B. To conduct training for selected PARTNER agency members on the IPS C. To develop and provide standard operating policies and procedures and connectivity protocols to PARTNER to ensure the lawful and proper use of the IPS. D. To be responsible for IPS maintenance to ensure reasonable system availability. E. To conduct regular user auditing to ensure compliance with this user agreement and all polices and procedures promulgated by PCSO to Partner regarding use of the system. 0 3. Obligations of PARTNER A. PARTNER agrees to provide the time, effort, and expertise to successfully implement this project. B. PARTNER agrees to commence obligations immediately after MOU acceptance by both parties. C. PARTNER agrees to provide the necessary hardware required to allow PARTNER'S members/employees access to the IPS. D. PARTNER agrees to follow and adhere to all PCSO directives, General orders, and connectivity protocols to ensure the lawful and proper use of the IPS. This includes adhering to all restrictions on use of the system as set forth by PCSO. E. PARTNER agrees to document IPS access in accordance with the protocols set forth in PCSO written directives and/or General Orders. • 4. Reporting of Arrests A. PARTNER agrees to notify PCSO as soon as possible regarding arrests resulting from the use of the IPS. 5. Termination A. This MOU may be terminated by either party without cause, upon no less than thirty (30) calendar days' notice, as long as such termination is made in writing according to the procedure outlined in paragraph 7 of this MOU. B. If PARTNER breaches this agreement, including any violations of the policies and procedures regarding system use promulgated by PCSO, this MOU may be terminated by PCSO immediately and without notice. n 2 6. Liability A. Each party shall be fully and solely responsible for any violations, neglect, wrongful acts or omissions committed by its respective employees, agents, contractors and subcontractors under this Agreement. B. Nothing herein is intended to waive or limit sovereign immunity under state statutory or constitutional law. 7. Delivery of Notices All notices required under this MOU shall be provided, in writing and by first-class registered or overnight mail, return receipt requested, to: Michael G. Platt Pinellas County Sheriff's Office: Captain, Narcotics Division Pinellas County Sheriff's Office P. 0. Drawer 2500 Largo, FL 33779-2500 • PARTNER: NAME: Clearwater Police Department ADDRESS: 645 Pierce Street Clearwater, FL 33756 8. Approval PARTNER CLEARWATER POLICE DEPARTMENINNELLAS COUNTY SHERIFF'S OFFICE BY B i Klein, ie o of c Jim Coats, Sheriff Date July, 2008 Date ? 7- / ` , ,; • 3