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Home My WebLink AboutContract 46041 XY SECRBAW CONTRACT N®. MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN THE FORENSIC LOGIC INFORMATION SYSTEM This Memorandum of Understanding ("MOU") is entered into by and between Forensic Logic, Inc. ("ELI") and the agency identified on Attachment A hereof("AaencX") (each a"Egj:V"and collectively, the "Parties"),as of the date last signed by a Party below(the`Effective Date"). 1. Purpose. FLI possesses certain technology known as the Forensic Logic Information System which includes a range of products and services including the "LEAP Network" and associated data center(s) (collectively, the "FLI System"), which (i) aggregates data relevant to the reduction of and defense against criminal activity, and (ii) provides mechanisms for local, state and federal agency partners to query such aggregated data. The purpose of this MOU is to establish the terms and conditions by which each Party may access and use the FLI System and the data contained therein. 2. Contribution of Data to FLI System. From time to time,Agency may contribute data to FLI for use in the FLI System("Agency Dat "). Any and all contribution of Agency Data to the FLI System is done at the discretion of the Agency. Agency shall retain all right,title and interest in and to all Agency Data except as otherwise provided in this MOU. Agency hereby grants to FLI the limited rights(i)to use,reproduce,store and distribute Agency Data within the FLI System,including the right to make Agency Data available to subscribers of the FLI System,and(ii)to the extent Agency Data is public data,i.e.,data that would be releasable pursuant to a request under the Freedom of Information Act or the relevant state public records law("Public Data'),to use, reproduce,store and distribute(including the right to permit third parties to use,reproduce,store and distribute) Public Data for any purpose. Public data is information that we obtain from the public-facing websites and potentially other sources,e.g.published reports that may appear in community bulletins,local newspapers, etc. Examples from other agencies include Police Departments that place mug shots of wanted offenders on their website and an interactive map that shows where a crime,such as a car theft,has occurred. Clearly,no CJIS protected data may be released. Furthermore,Forensic Logic will commit that prior to the release of any public data to a third party,Fort Worth PD will be apprised and have the opportunity to approve or deny the release of the public data in question. Upon Agency's request,FLI shall provide reasonable technical assistance to Agency for the extraction and submission of Agency Data to the FLI System. Agency is solely responsible for the accuracy of its Agency Data. 3. Use of Contributed Data. From time to time, Agency may desire to use data previously contributed by another agency to FLI and stored within the FLI System("Contributed Data"). Agency shall receive no right,title or other interest in or to any Contributed Data except as provided in this MOU. FLI hereby grants to Agency the limited right for each of its Authorized Users(as defined below)to access and use the FLI System and Contributed Data solely for law enforcement purposes. Agency shall not take any enforcement action based on Contributed Data without first verifying the accuracy and current status of such information with the contributing agency. 4. Classified Information. Agency may not use the FLI System for any purpose other than a law enforcement investigation,reporting or prosecution purpose. Agency agrees that it shall only insert classified data into portions of the FLI System specifically designated by FLI as a repository for intelligence information, and agrees that it shall adhere to all procedures for the handling of such classified information as determined by CJIS. Agency shall not insert classified data into any other portions of the FLI System or otherwise compromise the law enforcement capabilities of the FLI System. 5. Compliance with Laws. Each Party represents, warrants and covenants that it shall adhere to the Forensic Logic Information System Operating Manual ("Operating Manual") and all other local, state and federal laws, rules and regulations applicable to the exercise of its rights and performance of its obligations hereunder (collectively,"Applicable Laws"). 6. Data Security; Audit. FLI shall secure the FLI System in accordance with FBI-CJIS guidelines and Applicable Laws. FLI shall record all users' access to and use of the FLI System,and shall analyze all such access and use for misuse and/or unusual activity. Periodically, FLI shall prepare a report itemizing any such misuse RECEIVED SEP 2 5 2014 Page 1 of 4 RECEIVED OCT 20 201111 and/or unusual activity and shall promptly provide each such report to Agency. Agency shall be solely responsible for performing any necessary follow-up in accordance with Agency's internal policies and all Applicable Laws. If FLI reasonably believes that Agency may not be in compliance with Applicable Law, FLI shall provide written notice of such belief to Agency and Agency shall have thirty(30)days from receipt of such written notice to make available to FLI its books and records for inspection so as to allow FLI to assess Agency's compliance with Applicable Laws. If Agency does not timely permit FLI to inspect its books and records, or if during the conduct of such audit it is determined, in FLI's sole discretion, that Agency has violated any Applicable Law, FLI may immediately terminate this MOU as provided in Article 8 herein. 7. Agency Point of Contact. Consistent with the requirements of CJIS and Applicable Laws, Agency hereby appoints the point of contact identified on Attachment A as its single point of contact for any questions or issues arising under this MOU ("Agency POC"). Agency POC shall be responsible for: (i) authorizing Agency individuals to access and use the FLI System("Authorized Users"); (ii) removing Authorized Users from the FLI System when they leave the Agency or otherwise become ineligible for access; (iii) ensuring that all Authorized Users are adequately trained with respect to the FLI System and all Applicable Laws; and(iv)communicating with FLI. Agency shall promptly notify FLI and update Attachment A whenever the Agency POC is replaced by a new person. 8. Term and Termination. This MOU is effective as of the Effective Date and shall continue until terminated by a Party in accordance with this MOU. FLI may immediately suspend Agency's access to the FLI System and/or terminate this MOU at any time if FLI determines, in its sole discretion,that Agency has breached this MOU or violated any Applicable Law; provided,however,that FLI may reinstate Agency's access to the FLI System upon the receipt of satisfactory assurances that Agency has corrected such violations and taken appropriate measures to prevent future violations. Either Party may terminate this MOU(including all rights to access the FLI System)for any reason or no reason whatsoever upon thirty(30)days' prior written notice. 9. Disclaimer of Liability. In no event will either Party be liable to the other Party for any indirect, consequential, incidental, punitive or special damages (including loss of profits, data, business or good will) in connection with the transactions contemplated by this MOU, whether or not liability is based on breach of contract, tort, strict liability, breach of warranty, failure of essential purpose or otherwise, even if it is advised of the likelihood of such damages. Each Party is solely responsible for the actions and/or omissions of its employees, officers, and agents. THE FOREGOING LIMITATION AND EXCLUSION OF LIABILITY SHALL NOT APPLY IN THE EVENT OF THE LIABLE PARTY'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, MALFEASANCE OR INTENTIONAL NON-PERFORMANCE. 10. Miscellaneous. Each Party represents, warrants and covenants that it has legal authority to enter into this MOU. This MOU may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute a single instrument, and an electronic, photocopy or facsimile signature shall be as valid as the original. This Agreement(including Attachment A and the Forensic Logic Information System User Agreement, each of which is hereby incorporated by reference) supersedes any prior understandings or written or oral agreements between the Parties respecting the subject matter of this Agreement. The provisions of this MOU are solely for the benefit of the Parties and are not for the benefit of any person or entity not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by law. No amendment, modification, extension, release, discharge or waiver of this Agreement, or of any provision hereof, shall be valid or binding unless in writing and signed by the Parties. j IN WITNESS WHEREOF, the Parties have executed this MOU by the signatures of the duly authorized representative of each on the dates indicated. FORENSIC G C, C. CITY OF FORT WORTH � G , Name: Robert L.Batty harles W.Daniels Title: CEO Title:Assistant City Manager Date: September 23,2014 Date: 09. 29. 14- ACCEPTED AND AGREED: APPROVED AS TO FORM AND LEGA ITY: APPROVAL RECOMMENDED: By: By: W Jessica Sangs ng Jeffrey . Halstead Assistant Cit ttorney Chief of Police Contract Authorization: Date: q-ZS'17,J M&C: } Date Approved: TTEST: �� 0 *0 g . K 0 0 $ o Secretary o� ��000 oa� ��000000� MEMORANDUM OF UNDERSTANDING FOR PARTICIPATION IN THE FORENSIC LOGIC INFORMATION SYSTEM ATTACHMENT A: POINT OF CONTACT INFORMATION Participating Agency City of Fort Worth Police Department Agency ORI 2201200 Address 350 West Belknap Street Fort Worth,TX 76102 Agency Point of Contact John G.White Title Lieutenant- Information Management Section Phone Number 817-378-1500 E-Mail Address John.White@fortworthtexas.gov