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3. The AGENCY2 agrees to abide by all applicable local, state, and federal laws, rules, and regulations,
<br />as well as the FBI CJISSECPOL and rules and regulations of the MBPD, with regard to the use of the
<br />LPR System.
<br />4. The AGENCY2 agrees that it shall make use of the information system only for the administration of
<br />criminal justice.
<br />5. Both parties agree to abide by all the terms and conditions of the Criminal Justice User Agreement
<br />executed between the FDLE and each party, to include but not be limited to the requirements of the
<br />FBI CJISSECPOL.
<br />6. Both parties agree that they shall make use of the records and information within the LPR System for
<br />authorized criminal justice purposes only.
<br />7. Both parties will disseminate CJI related information obtained from the LPR System only for criminal
<br />justice purposes.
<br />8. To the extent provided by the laws of Florida, the parties agree to be responsible for the violations,
<br />negligent acts or omissions of their agency's' personnel arising out of or involving any information
<br />contained in, received from, entered into or through the receipt of the records. To the extent permitted
<br />by Section 768.28 of the Florida Statutes, each party agrees to indemnify, defend and hold harmless
<br />(the "Indemnifying Party") the other party and its officers, employees, agents, and contractors (the
<br />"Indemnified Party"), from and against any and all actions (whether at law or in equity), claims,
<br />liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal,
<br />economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged
<br />to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Indemnifying
<br />Party, its officers, employees, agents, contractors, or any other person or entity acting under
<br />Indemnifying Party control or supervision, in connection with, related to, or as a result of the
<br />Indemnifying Party performance under this Agreement. To that extent, the Indemnifying Party shall
<br />pay all such claims and losses and shall pay all such costs and judgments which may be issued from
<br />any lawsuit arising from such claims and losses, and shall pay all costs and attorney's fees expended
<br />by the Indemnified Party in the defense of such claims and losses, including appeals. The Indemnifying
<br />Party expressly understands and agrees that any insurance protection required by this Agreement or
<br />otherwise provided by the Indemnifying Party shall in no way limit the Indemnifying Party's
<br />responsibility to indemnify, keep, and save harmless and defend the Indemnified Party or its officers,
<br />employees, agents, and instrumentalities as herein provided.
<br />9. All policies, procedures and operating instructions contained in the FBI CJISSECPOL are hereby
<br />incorporated into and made a part of this agreement, except to the extent that they are inconsistent
<br />herewith or legally superseded by higher authority.
<br />10. Both MBPD and AGENCY2 will have a written policy for discipline of personnel who access CJI for
<br />purposes that are not authorized, disclose information to unauthorized individuals or in an unauthorized
<br />manner, or violate CJIS rules, regulations or operating procedures.
<br />11. The MBPD and AGENCY2 have an obligation to report instances of misuse to the FDLE for follow
<br />up of applicable investigation and applicable discipline in compliance with the FBI CHS Security
<br />Policy.
<br />12. The MBPD reserves the right to deny CJI or related records to any individual based on valid, articulable
<br />concerns for the security and integrity of CJIS and related programs/systems information.
<br />13. CJI SYSTEM REQUIREMENTS for accessing the LPR System:
<br />a. AGENCY 2 shall submit a list to MBPD of AGENCY2 individuals authorized to access the LPR
<br />system within thirty (30) days of executing this Interagency Agreement. AGENCY2 shall send
<br />MBPD an updated list upon adding and/or removing an AGENCY2 user.
<br />b. AGENCY2 shall verify that each user with access to the LPR System is an authorized individual.
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