JANUS/JUSTICEXCHANGE MEMORANDUM OF UNDERSTANDING
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JANUS/JUSTICEXCHANGE
MEMORANDUM OF UNDERSTANDING
headquarters
located
at
(hereinafter referred to as "User Agency").
WITNESSETH:
WHEREAS, FDLE released an Invitation to Negotiate (ITN), in accordance with
established laws of the State of Florida, and rules of the Department of Management
Services, and subsequently entered into a Contract (C9739A) with APPRISS, INC.
("Service Provider") on August 11, 2005, to implement a statewide jail inmate locator
service (hereinafter referred to as the "Service"); which service is available to criminal
justice agencies for official, legal and valid law enforcement, public safety or correctional
facility purposes, 24 hours a day, 7 days a week, through a series of limited, revocable,
non-transferable and non-exclusive licenses (or grants of access) obtained by FDLE
under Contract No. C9739A;
WHEREAS, the User Agency has entered into a Criminal Justice User Agreement with
FDLE governing access to and use of the FDLE CJNet and, as such, desires to
participate in the Service as an authorized User Agency as contemplated in Contract No.
C9739A; and
WHEREAS, this MOU is entered into to establish the duties, privileges, and
responsibilities of authorized User Agencies participating with FDLE in the Service;
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual terms and
conditions set forth below, the parties agree as follows:
1. TERM
This MOU shall begin on the date of last signature by the parties and shall be co-
,terminus wifh the August 11, 2005, Contract between FDLE and the Service
Provider (Contract No. C9739A) unless terminated earlier under the provisions of
this MOU. Access to the Service will not be available before December 2005.
2. EFFECT OF OTHER AGREEMENTS
Contract No. C9739A is incorporated herein as if fully stated and all terms and
conditions thereof where applicable, shall apply to this MOU. In particular, those
provisions which refer to "authorized User Agencies" shall be binding on User
Agency without, however, limiting the application of other parts of Contract No.
C9739A where necessary or appropriate to effectuate the intent of that Contract.
The User Agency's use of the CJNet for access to the Service, as for all other
purposes, shall continue to be in accordance with the terms and conditions of the
Criminal Justice User Agreement to which it is a party.
October 2005
3. LICENSE TRANSFER AND FEES
Pursuant to the authority granted to FDLE in Contract No. C9739A, the Service
Provider shall recognize the assignment by FDLE of a previously-purchased non-
exclusive, non-transferable named Iicense(s) (or grant of access) to User Agency
to use JusticeXchange software affording access to the JusticeXchange database
(referred to in combination as the System) for the duration of this MOU. User
Agency's participation shall be governed by the terms of Contract No. C9739A.
User Agency understands and agrees that license support fees payable to the
Service Provider for services rendered to FDLE and User Agency under Contract
No. C9739A, consisting of start-up costs and annual maintenance fees, will be
paid by FDLE from the effective date of this MOU through the date of expiration of
the term of this MOU as described in Section 1 herein.
4. OBLIGATIONS OF USER AGENCY
The User Agency agrees to adhere to the following terms and conditions to ensure
continuation of access:
A. Notifying FDLE of the number of offered licenses accepted.
B. Designating an individual as the User Agency point of contact to assist the
User Agency and FDLE with the Services covered by this MOU. The
JANUS/JusticeXchange Point of Contact person is responsible for:
i. informing the Service Provider of the names and other required
information of persons within the User Agency authorized access to the
Service and of any changes therein
ii. notifying FDLE if any of the accepted licenses are no longer needed,
iii. ensuring persons within the User Agency with authorized access to the
Service comply with the license, MOU and Criminal Justice User
Agreement, and
iv. notifying FDLE of any misuse of the JANUS/JusticeXchange service.
C. Accepting responsibility for the workstation acquisition, maintenance,
operation, repair, supplies and workstation operation personnel costs.
D. Notifying the FDLE CJIS Systems Officer (CSO) of any change in the
JANUS/JusticeXchange Point of Contact person.
5. TERMINATION
A. Termination at Will
This MOU may be terminated by either party upon no less than thirty (30)
calendar days' notice without cause, unless a shorter time is mutually
agreed upon by both parties. Notice shall be delivered by certified mail
(return receipt requested), by other method of delivery whereby an original
signature is obtained or in-person with proof of delivery.
B. Termination for Cause
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If User Agency breaches any of the terms of this MOU, of Contract No.
C9739A as incorporated herein, or of the User Agency's Criminal Justice
User Agreement with FDLE, FDLE may, by written notice to the User
Agency, terminate this MOU upon twenty-four (24) hours' notice. Notice
shall be delivered by certified mail (return receipt requested), by other
method of delivery whereby an original signature is obtained or in-person
with proof of delivery.
6. RESPONSIBILITY OF USER AGENCY FOR ACTS OF EMPLOYEES
The User Agency shall at all times be and remain responsible for the acts or
failures to act, including negligence, of its officers, agents and employees in
complying with the terms and conditions of this MOU, of Contract No. C9739A as
incorporated herein, and of the User Agency's CJIS User Agreement with FDLE,
and hereby relieves and releases FDLE of and from any and all such
responsibility, as and to the extent permitted bylaw.
The User Agency understands that the FDLE, its officers, and employees shall not
be liable in any claim, demand, action, suit, or proceeding, including, but not limited
to, any suit in law or in equity, for damages by reason of, or arising out of, any false
arrest or imprisonment or for any loss, cost, expense or damages resulting from or
arising out of the acts, omissions or detrimental reliance of the personnel of the
User Agency in relying upon information from the Service Provider
IN WITNESS THEREOF, the parties hereto have caused this Memorandum of
Understanding to be executed by their undersig~ls as duly authorized.
NAME OF USER AGENCY Co'" "L. P\'lL.. ~ ~~\'- ~ \\.~;.. ~? A-k:T....-l ~t-'"\
AGENCY HEAD
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FLORIDA DEPARTMENT OF LAW ENFORCEMENT
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October 2005
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