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Home My WebLink AboutRES 19-091RESOLUTION NO. 19-091 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager, or his designee, be and they are hereby authorized to execute a Memorandum of Understanding between the City of Beaumont and Texas Department of Public Safety to maintain, operate and manage a file of vehicle license plate information exported from the Texas Crime Information Center (TCIC) for the Beaumont Police Department to use for law enforcement purposes only in conjunction with the License Plate Reader (LPR). Said Memorandum of Understanding, is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 30th day of April, 2019. MEMO OF UNDERSTANDING REGARDING TCIC STOLEN LICENSE PLATE AND TCIC STOLEN VEHICLE INFORMATION I . 'Phis document constitutes an agreement between the Texas Department of Public Safety and a criminal .jusflee or law enforcement agency, hereinafter referred to as the User Agency. USER AGENCY: ADDRESS: 3. This agreement sets forth the dirties and responsibilities For the Department of Public Safety and the User Agency, 3, The Department of Public Safety agrees to maintain, operate, and manage a file of vehicle license plate information exported frorn the Texas Crime Inf'or►nation Center (TCIC) for the use of the User Agency, 4. The Department oFPublic Safety will ensure that, except in extraordinary circumstances, the file will be updated hourly. The file name will incorporate the date and time the file was created. 5. The User Agency recognizes there are inherent limitations in matching against data updated hourly. Therefore, if the User Agency gets a "hit" on the exported TCIC information, the User Agency agrees to conduct a real-time check of TCIC records to confirm that the hit record still exists in the live TCIC file. The User Agency will follow all Texas Crime Information Center/National Crime Information Centel- (TCiC/NC1C) policies for handling hits. 6. The Department of Public Safety or the User Agency may, upon 30 days notice, in writing, terminate this agreement. User Agency correspondence regarding this agreement should be directed to: Texas Department of Public Safety, MSC 0233 Crime Records Service, TCIC Operations PO Box 4143 Austin, TX 78765-4143 EXHIBIT "A" 7. The file of TCIC information is provided to the User Agency for criminal justice purposes only. Furthermore, the User Agency agrees that the file created by the Department remains a TCIC file and will handle the information in the file and all activities related to the information in the file according to existing and future TCIC/NCIC policies. S. The User Agency agrees to indemnify and save harmless, to the extent the law allows, the Texas Department of Public Safety, its Director and employees from and against any and all claims, demands, actions and suits, including but not limited to any liability for damages by reason of or'arising out of any false arrest or imprisonment or any cause of action whatsoever, arising out of or involving any negligence on the part of the User Agency.or its employees in the exercise or enjoyment of the Agreement. 9. No financial liability wmenPublic ill be incurred by the Department of Safety by virtue of this agreement beyond monies available to it for the purpose of fulfilling this agreement. IO..Each party to this agreement agrees that it shall have no liability whatsoever for the actions and/or omissions of the other party's employees, officers, or agents, regardless of where the individual's actions and/or omissions occurred. Each party is solely responsible for the actions and/or omissions of its employees, officers, and agents; however, such responsibility is only to the extent required by'Texas law. Where injury or property damage result from the joint or concurring acts and/or omissions of the parties, any liability shall be shared by each party in accordance with the applicable Texas law, subject to all defenses, including governmental immunity. These provisions are solely for the benefit of the parties hereto and 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. 11. No modification or amendment to this agreement shall become valid unless in writing and signed by both parties. 1:1 This agreement constitutes the entire agreement between the parties with regard to the matters made the subject of this agreement. There are no other verbal or written covenants, agreements, understandings, representations; warranties, or restrictions between the parties. No rights or obligations shall be implied, 1.3. Neither party may assign or transfer this agreement or any interest in this agreement without the written consent of the other party. 14. This agreement does not create any rights in any person or entity other than the Texas . Department of Public Safety and the User Agency. Please provide the following information regarding the User Agency's employee who will be the primary point of contact accessing the FTP site. Agency OR] : User Name: .User Phone -Number: User Email Address: This agreement will becorne effective on Each person signing this agreement represents and warrants that he/she has full and complete authority to sign this agreement on behalf of the governmental entity. 1'n WITNESS WHEREOF, the parties hereto caused this agreement to be executed by the proper officers and officials. TEXAS D> PARTNIEN"I' OFF PUBLIC SAFEEATY USER AGENCY Title;. Dl'reC �or Title: Printed Name: •__�t_ C.!'a(A% Printed Name: Date::/ r d ! Date: MEMO OF UNDERSTANDING_.REGA"ING `I"CIC STOLEN LICENSE PLATE AND TCIC STOLEN VEHICLE INFA ORMATI O I . This document constitutes'.an agreement belween the Texas Department o.fPublic Safety and a criminal ,justice or law enforcement agency, hereinafter- referred to as the User Agency. USE.R AGENCY; ADDRESS: ?. 11,his agreement sets forth -tire duties and responsih.ilities roc the `epa,►-tcnen.t of Public Sadcty and the User Agency. 3. The Deparfnii it of PulaHc Safety agrees to maintain, operate,.and manage afile of vehicle.lieensep ate ill farn7at,ion ezli.orled from the Texas Crime,hil'ormatio►i Center (TQ1C) for the use ofahe UserAgoripy, 4, The. Departs etit of Pub :ic-Safety will zflsure tIlat, except in extraordinary circuins ances. the file will be updated hourly. The 1►le iianie wi.11' incorporate"the date and time the fife was created. The User Agency.reco'gti:izes there tine inherent limitations i►i matching against data updated hourly.: Therefore, if the User Agency gets a "hit" ou'thr; exported`'I"CIC in formation, the User Agency agrees, to -conduct aaealtime check of TCIC records to Confirm that the.hit record still exists in the live TCIC tile. The.User A-gency will follow all Tags Clime lnforrnalio» Center/Nzto»al Cri'nae'Infor►zaation Cc►at_er (TCM/NCIC) policies for handling farts> The Department of Public 'Safety or the User Agency may, upon 3`0 clays notice, in writing, terminate this agreement. User Agency correspondence-regat•ding this agreement should be directed to: Teas Department o:f Public -Safety, MSC 0233 Crime Records. Service, 'I'CIC Operations Pn 1.3.ox.4143 Austh), TX 787654143 ?. The file of TCLC information is provided to the Usor Agency for:c%•inlinal justice purposes only. Furthermore, the User Agency agrees that the file created by the Department remains a TCI'C file acid will handle the, information in. the (pile and all activities related to the information in the file according to existing and future, TCiC/NC1C policies. 8. The User Agency agrees to .incle►nnify and save harmless, to the extent the law allows, the Texas Department of Public Safety, its Director and employees from and against any and all clai'ms,.demands, actions and suits, including but not limited to any liability for damages by reason of'or arising out ol'any false arrestor imprisonment or any cause of action \whatsoever, arising out of or involving any negligence. on,,tli_e part of the User Agency or its employees in the exercise or enjoyment. of th,e Agreement. 9. No f.nancial liability will be incurred ,bythe Department of Public Safety by virtue of this, agreement beyond monies available to it for the purpose of fulfilting this agreement. 10. Each party to this agree►ne►it agrees that it shall have no l'itib►`lity awhatso.ever for the actions and/or omissions of the other`party's employees, officers; or agents, regardless of where the individual's actions mid/or o►ll►sslons occurred. Each party is solely responsible fo.r the actions and/or .omissions of its employees, -officers, and agents; however, such responsibility is only to the extent required by TexAs law. Where inlury or property damage result from the joint or concurring acts and/or omissions of the parties, any liability shall be shared by earl party in accordance with the applicable 'Texas law, subject to all, defenses, including governmental immunity. These provisions are solely For the benefit of the parties hereto and not for the benefit of any person o.r entity not a party hereto., nor shall any provision hereof be deemed a waiver of any defenses available by law. H. No modification or amendment to this agreement shall become valid unless in writing and signed by both parties. 12. This agreement constitutes the entire agreement between the parties with regard to the natters made the subject .of this agreement. There. are. no other verbal or written Covenants, agreements, understandings, representations,, warranties, or restrictions between the parties. No rights or ob`ligadons shall' be implied. 1.3. Neither party may assign or transfer this agreement or any interest in this. agreement without the written consent of the other party. 14. This agreement does not create any rights in any person Or entity other than the Texas . Department of Public Safety and the User Agency. Please provide the following information regarding the User Agency's. employee who will be file primaq point of contact accessing the: FTP site. Agency 0RI: l 23 a wo User Name: Vet. I N-- W� t ,User Phone.Numb:er: f!4p�:2f5- Z�i4 User Email Address This agreement will become effectivc-on Rrf, lv1. Eaull person signing this agreement represents and warrants that he/she has full and complete authori'ly to sign this agreement.on beh flf or the governmental entity: I WITNESS WHEREOF, the :parties hereto caused this agreement to. be executed by the proper officers and officials. TEXAS D EPARTtNIENT OF PUBLIC. SAFETY - USE] Title:; DI're-C I or Printed NI M11c: �i CrgG�i Printed. Name: J Datc:: G) 0 0 ( Date: .—� C/