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the exercise of its sole discretion, which data records are shared within the system and shall maintain the databases to share the information that has been agreed upon in advance. Each Agency shall strive to identify and achieve common interests to enhance public safety and due process while maintaining individual privacy rights. 4.3 Security Requirements: Member Agencies agree to maintain and enforce security requirements for the system. Each Member Agency is responsible for its internal agency security of their records and any technical support necessary to insure proper security. Member Agencies agree to confirm that their network meets current DOJ security requirements as set forth in the most current Policies, Practices and Procedures Document provided by the Department of Justice, and that it will continue to meet those standards. 4.3.1 Liability and Indemnification: Each Member Agency takes legal and financial responsibility for the actions of their elnployees, officers, agents, representatives and volunteers. Melnber Agencies agree to indetnnify, defend and hold har tnless other Metnber Agencies to the fullest extent pennitted by law froll1 and against any and all del11ands, claitns, actions, liabilities, losses, dalnages, and costs, including reasonable attorney's fees arising out of or resulting froln that Agency's perfonnance under this MOD, and that each agency shall bear the proportionate cost of any dalllage attributable to the fault of that agency, its governing body, officers, agents, enlployees and volunteers. It is the intention of the Melnber Agencies that, where fault is determined to have been contributory, principles of comparative fault will be followed. 4.3.2 Background and Fingerprint Requirements: All persons including non-criminal justice and volunteer personnel who have access to the WBISS West Bay Region Node are required to undergo background and fingerprint check. Each Agency will determine, based on their internal policies and the CLETS Policies and Procedures when WBISS access will not be granted to an employee. The final responsibility for maintaining the security and confidentiality of WBISS information rests with the Member Agency Chief or designee. 4.3 .3 User Access: It is required that each employee/volunteer sign an employee statement form agreeing to comply with state and federal law prior to operating or having WBISS access. It is recommended that each employee/volunteer sign an employee statement on a biennial basis. WEISS West Bay Region Node MOU Agreement Page 5 of 48