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HomeMy WebLinkAboutRES 01-262 RESOLUTION NO. 01-262 WHEREAS, the Beaumont Police Department maintains computerized files of property pawned through licensed pawn shops in the City of Beaumont; and, WHEREAS, information in regard to pawned property has led to recovery of stolen property, enhanced prosecution of defendants, and return of property to rightful owners; and, WHEREAS,there are licensed pawn shops in other jurisdiction in Jefferson County; and, WHEREAS,the Jefferson County Sheriff's Department and the police departments in Port Arthur, Nederland, Groves and Port Neches wish to be able to electronically submit pawned property records to be included in the Beaumont Police Department pawned property files; and, WHEREAS, the enhanced pawned property records would accordingly become available to law enforcement officers with the Jefferson County Sheriffs Department and police departments in Port Arthur, Nederland, Groves, Port Neches and Beaumont; and, WHEREAS, execution of interlocal agreements are provided for pursuant to the Interlocal Cooperation Act, Texas Government Code Ann. Section 791.001-791.007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager of the City of Beaumont be, and is hereby authorized to execute interlocal agreements with Jefferson County and the cities of Port Arthur, Nederland, Groves and Port Neches to provide law enforcement agencies in those cities or Jefferson County access to the computerized pawned property files maintained by the Beaumont Police Department. The contracts are substantially in the forms attached hereto as Exhibits "A"through "E." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2001. { - Mayor - INTERLOCAL AGREEMENT BEAUMONT/JEFFERSON COUNTY INTERAGENCY PAWNED PROPERTY INFORMATION AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement, ("the Agreement") is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County, Texas, ("Beaumont"), and Jefferson County (Data Processing Division and the Sheriffs Department), a political subdivision of the state of Texas,("JCDP")pursuant to the Interlocal Cooperation Act,Tex. Gov't. Code Ann. Sec. 791.001 - 791.027 (Vernon 1996). WITNESSETH a Whereas, the Beaumont Police Department ("BPD"), has established a criminal justice information system which contains reports and documents related to pawned property; Whereas, the Jefferson County Sheriff s Department(JCSD) during the course and scope of criminal investigations desires to utilize information contained in the BPD pawned property information systems and to enter pawned property information in the system; Whereas, the City of Beaumont Information Systems Division ("IS") and BPD have established, managed,and operate a computerized pawned property information system at the BPD; Whereas,JCDP and JCSD manage and operate computer systems used by those agencies; Whereas,all parties believe it is in their mutual interest to enter into this Agreement to carry out the exchange of information contained in the BPD pawned property information system; and Whereas, all parties agree to abide by all pertinent federal, state, and local laws and regulations. _ _ 1 EXHIBIT "A" NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I. 1.01 The purpose of this agreement is to allow JCSD, through JCDP, access to review certain pawned property information and enter pawned property information through a computerized information exchange system maintained by the BPD which would enhance the exchange of information, increase the effectiveness and efficiency of criminal justice agencies in Jefferson County, and be of a monetary benefit to all parties. ARTICLE H. 2.01 The term of this Agreement shall be for a period of one (1)year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term, this Agreement shall automatically be extended for one (1) year terms thereafter.. 2.02 Any party may tenninate their participation in this Agreement upon thirty(30)days written notice to all other parties. - 2.03 IS, with consent of BPD, may unilaterally "disconnect" or stop providing information and access pursuant to this Agreement if IS and BPD determine that there has been a breach in the security of the system or there has been any unauthorized disclosure, dissemination, or distribution of information contained in the BPD pawned property information system by any of the parties or their employees, agents, or by anyone accessing through such parties system. ARTICLE M. 3.01 All parties agree that any information transferred pursuant to this Agreement is NOT CONSIDERED A RELEASE TO THE PUBLIC for purposes of Tex. Local Gov't, Section 552.001, et. seq., but is only a process to allow access of an employee of a governmental agency acting in his/her official capacity to the pawned property information system of BPD. t 2 3.02 No information obtained by agents or employees of JCSD pursuant to this Agreement may ---., be released to the public without the prior express written consent of BPD. ARTICLE IV. 4.01 To ensure the security of the BPD pawned property information system, IS is hereby designated as the department responsible for supervising performance of this Agreement pursuant to Tex. Local Gov't, Section 791.013. 4.02 IS, in cooperation with BPD,JCSD,and JCDP shall establish user profiles for employees who are to be granted access to the BPD pawned property information system. 4.03 IS shall do any reviews, inspections,examinations, etc.,that are necessary to establish that proper security is in place at the JCSD and JCDP to ensure the integrity of BPD'S pawned property information system. 4.04 IS shall train or arrange training for any employee who is to be granted access pursuant to this Agreement. No employee of any party to this Agreement may be granted access to the system prior to receiving the training established or arranged by IS. 4.05 IS shall monitor the computer system established pursuant to this Agreement for any breach of security agreements, misuse of the system,or any other actions that may effect the integrity of BPD'S pawned property or criminal justice information systems. If any violations are detected, IS shall immediately report that information to BPD. ARTICLE V. 5.01 BPD shall review any documents requesting security clearances for employees of the JCSD and, if the individual meets standards established by BPD, the employee will be authorized security clearance to BPD'S pawned property information system. 5.02 BPD has the sole right to determine the nature and limitations of access to BPD's pawned property information system that is to be granted to any employee of JCSD. ARTICLE VI. 6.01 JCDP will identify the computer devices located at the JCSD or JCDP that are to be 3 attached to BPD'S pawned property information system. Only devices or equipment pre- approved by IS may be attached. No equipment may be attached which is connected to anv modems. Internet connections or anv devices which would allow third-par or "remote" access to BPD's pawned property information system. 6.02 JCDP shall establish, in cooperation with IS, secured out queues for printouts at the JCSD. 6.03 JCDP shall ensure that its' employees are unable to access or secure any information from BPD's pawned property information system. JCDP shall, in cooperation with IS, develop and implement any additional employee restrictions that are necessary to ensure the secure input and exchange of information pursuant to this Agreement. 6.04 JCDP shall monitor its' employees to determine their compliance with the provisions of this Agreement. JCDP agrees to take any personnel administrative action which is needed to ensure compliance with this Agreement and protect the integrity of the information contained in BPD's pawned property information system. ARTICLE VII. T 7.01 The JCSD shall select and designate those employees in its' department who are to have access to BPD's pawned property information system pursuant to this Agreement. Additionally, the JCSD will establish internal regulations regarding the types of inquiries or reports which each employee may conduct or secure. In establishing these standards, JCSD will ensure that employees are allowed access to BPD'S pawned property information system only on an"as-needed" basis related to their job tasks or functions. 7.02 The JCSD shall forward to IS and BPD "user profiles" identifying the employee, the access requested for the employee, and reasons for that employee being granted access to BPD'S pawned property information system. These "user profiles"shall be forwarded to IS for review and then forwarded to BPD for review and approval. After review and approval, IS will issue a user ID and password to each individual employee. - 7.03 The JCSD shall identify specific equipment/devices which are to be used to access BPD's pawned property information system. IS shall inspect and approve those devices prior to 4 their use. Only those devices which have been approved by IS may be used to access BPD'S pawned property information system. No equipment may be attached in any fashion to any established computerized information exchange system used pursuant to this Agreement, without prior approval of IS. IS shall have the right to physically inspect the premises where any equipment is located that is to be used in regard to this Agreement on a periodic basis, with reasonable notice to the party responsible for the equipment. 7.04 The JCSD shall ensure that any employee who will be accessing BPD's pawned property information system has received all scheduled training established or arranged by IS prior to accessing BPD's pawned property information system. 7.05 The JCSD shall immediately report to IS, the termination or resignation of any employee who had been granted access pursuant to this Agreement. The notification is necessary to ensure and maintain the security and integrity of BPD's pawned property information system. 7.06 The JCSD shall ensure that users in its' department do not exchange passwords, leave "signed-on" devices unattended, or release any information obtained pursuant to this Agreement other than for official purposes related to operations of the JCSD. j 7.07 The JCSD shall ensure that"spool files"are printed immediately,i.e.,all reports generated pursuant to access to BPD'S pawned property information system are to be printed. ARTICLE VIII. 8.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing, and any amendment shall be attached to and incorporated into this Agreement. ARTICLE M. 9.01 In case one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or enforceability shall not effect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. _ % 5 ARTICLE X. -� 10.01 This Agreement supersedes any and all other agreements, either oral or in writing,between the parties hereto with respect to the subject matter hereof,and no other agreement, statement or promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of , 20_ CITY OF BEAUMONT, TEXAS JEFFERSON COUNTY,TEXAS By: By Stephen J. Bonczek, City Manager Date Carl Griffith, Jr. County Judge Date BEAUMONT POLICE DEPARTMENT JEFFERSON COUNTY SHERIFF'S DEPARTMENT By: By: Tom Scofield, Chief of Police Date G. Mitch Woods, Sheriff Date 6 INTERLOC AL AGREEMENT BEAUMONT/JEFFERSON COUNTYIPORT ARTHUR INTERAGENCY PAWNED PROPERTY INFORMATION AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement, ("the Agreement") is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County,Texas, (`Beaumont"), the City of Port Arthur, a municipal corporation situated in Jefferson County,Texas,("Port Arthur"),and Jefferson County (Data Processing Division), a political subdivision of the state of Texas, ("JCDP") pursuant to the Interlocal Cooperation Act, Tex. Gov't. Code Ann. Sec. 791.001 - 791.027 (Vernon 1996). WITNESSETH .J Whereas, the Beaumont Police Department ("BPD"), has established a criminal justice information system which contains reports and documents related to pawned property; Whereas, the Port Arthur Police Department ("PAPD") during the course and scope of criminal investigations desires to utilize information contained in the BPD pawned property information systems and to enter pawned property information in the system; Whereas, the City of Beaumont Information Systems Division ("IS") and BPD have established,managed,and operate a computerized pawned property information system at the BPD; Whereas, JCDP and PAPD manage and operate computer systems used by those agencies; Whereas,all parties believe it is in their mutual interest to enter into this Agreement to carry out the exchange of information contained in the BPD pawned property information system; and Whereas, all parties agree to abide by all pertinent federal, state, and local laws and regulations. - ` 1 EXHIBIT "B" NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I. 1.01 The purpose of this Agreement is to allow PAPD, through JCDP, access to review certain pawned property information and enter pawned property information through a computerized information exchange system maintained by the BPD which would enhance the exchange of information, increase the effectiveness and efficiency of criminal justice agencies in Jefferson County, and be of a monetary benefit to all parties. ARTICLE U. 2.01 The term of this Agreement shall be for a period of one (1) year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term, this Agreement shall automatically be extended for one (1) year terms thereafter.. 2.02 Any party may terminate their participation in this Agreement upon thirty(30)days written notice to all other parties. 2.03 IS, with consent of BPD, may unilaterally "disconnect" or stop providing information and access pursuant to this Agreement if IS and BPD determine that there has been a breach in the security of the system or there has been any unauthorized disclosure, dissemination, or distribution of information contained in the BPD pawned property information system by any of the parties or their employees, agents,or by anyone accessing through such parties system. ARTICLE III. 3.01 All parties agree that any information transferred pursuant to this Agreement is NOT CONSIDERED A RELEASE TO THE PUBLIC for purposes of Tex. Local Gov't, Section 552.001, et. seq., but is only a process to allow access of an employee of a - governmental agency acting in his/her official capacity to the pawned property information system of BPD. 2 3.02 No information obtained by agents or employees of PAPD pursuant to this agreement may be released to the public without the prior express written consent of BPD. ARTICLE IV. 4.01 To ensure the security of the BPD pawned property information system, IS is hereby designated as the department responsible for supervising performance of this Agreement pursuant to Tex. Local Gov't, Section 791.013. 4.02 IS, in cooperation with BPD, PAPD, and JCDP shall establish user profiles for employees who are to be granted access to the BPD pawned property information system. 4.03 IS shall do any reviews, inspections,examinations,etc., that are necessary to establish that proper security is in place at the PAPD and JCDP to ensure the integrity of BPD's pawned property information system. 4.04 IS shall train or arrange training for any employee who is to be granted access pursuant to this Agreement. No employee of any party to this Agreement may be granted access to the system prior to receiving the training established or arranged by IS. 4.05 IS shall monitor the computer system established pursuant to this Agreement for any breach of security agreements, misuse of the system,or any other actions that may effect the integrity of BPD's pawned property or criminal justice information systems. If any violations are detected, IS shall immediately report that information to BPD. ARTICLE V. 5.01 BPD shall review any documents requesting security clearances for employees of the PAPD and, if the individual meets standards established by BPD, the employee will be authorized security clearance to BPD's pawned property information system. 5.02 BPD has the sole right to determine the nature and limitations of access to BPD's pawned property information system that is to be granted to any employee of PAPD. ARTICLE VI. 6.01 JCDP will identify the computer devices located at the PAPD or JCDP that are to be 3 attached to BPD'S pawned property information system. Only devices or equipment pre- - - approved by IS may be attached. Ito equipment may be attached which is connected t9 any modems Internet connections or any devices which would allow third-party or "remote" access to BPD'S pawned property information s s�tem. 6.02 JCDP shall establish, in cooperation with IS, secured out queues for printouts at the PAPD. 6.03 JCDP shall ensure that its' employees are unable to access or secure any information from BPD's pawned property information system JCDP shall, in cooperation with IS, develop and implement any additional employee restrictions that are necessary to ensure the secure input and exchange of information pursuant to this Agreement; 6.04 JCDP shall monitor its' employees to determine their compliance with the provisions of this Agreement. JCDP agrees to take any personnel administrative action which is needed to ensure compliance with this Agreement and protect the integrity of the information contained in BPD's pawned property information system. ARTICLE YII. 7.01 The PAPD shall select and designate those employees in its' department who are to have access to BPD's pawned property information system pursuant to this Agreement Additionally, the PAPD will establish internal regulations regarding the types of inquiries or reports which each employee may conduct or secure. In establishing these standards, PAPD will ensure that employees are allowed access to BPD'S pawned property information system only on an"as-needed"basis related to their job tasks or functions. 7.02 The PAPD shall forward to IS and BPD "user profiles" identifying the employee, the access requested for the employee, and reasons for that employee being granted access to BPD's pawned property information system. These "user profiles" shall be forwarded to IS for review and then forwarded to BPD for review and approval. After review and approval, IS will issue a user ID and password to each individual employee. 7.03 The PAPD shall identify specific equipment/devices which are to be used to access BPD'S pawned property information system. IS shall inspect and approve those devices prior to 4 their use. Only those devices which have been approved by IS may be used to access BPD'S pawned property information system. No equipment may be attached in any ' fashion to any established computerized information exchange system used pursuant to this Agreement, without prior approval of IS. IS shall have the right to physically inspect the premises where any equipment is located that is to be used in regard to this Agreement on a periodic basis, with reasonable notice to the party responsible for the equipment. 7.04 The PAPD shall ensure that any employee who will be accessing BPD'S pawned property information system has received all scheduled training established or arranged by IS prior to accessing BPD'S pawned property information system. 7.05 The PAPD shall immediately report to IS, the termination or resignation of any employee who had been granted access pursuant to this Agreement. The notification is necessary to ensure and maintain the security and integrity of BPD's pawned property information system. 7.06 The PAPD shall ensure that users in its' department do not exchange passwords, leave "signed-on" devices unattended, or release any information obtained pursuant to this Agreement other than for official purposes related to operations of the PAPD. 7.07 The PAPD shall ensure that"spool files"are printed immediately,i.e.,all reports generated pursuant to access to BPD'S pawned property information system are to be printed. ARTICLE VIII. 8.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing, and any amendment shall be attached to and incorporated into this Agreement. . ARTICLE IX. 9.01 In case one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect,such invalidity, illegality or enforceability shall not effect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 1 5 ARTICLE X. 10.01 This :agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof,and no other agreement,statement or promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of , 20_ CITY OF BEAUMONT, TEXAS JEFFERSON COUNTY,TEXAS By: By: Stephen J. Bonczek, City Manager Date Carl Griffith,Jr. County Judge Date BEAt;MONT POLICE DEPARTMENT CITY OF PORT ARTHUR,TEXAS By: By: Tom Scofield, Chief of Police Date Steve Fitzgibbons, City Manager Date PORT ARTHUR POLICE DEPARTMENT By: John Tyler, Police Chief Date . ;,, 6 INTERLOCAL AGREEMENT BEAUMONT/JEFFERSON COUNTY/NEDERLAIND INTERAGENCY PAWNED PROPERTY INFORMATION AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement, ("the Agreement") is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County, Texas,(`Beaumont"), the City of Nederland, a municipal corporation situated in Jefferson County,Texas, ("Nederland'),and Jefferson County (Data Processing Division), a political subdivision of the state of Texas, ("JCDP") pursuant to the Interlocal Cooperation Act, Tex. Gov't. Code Ann. Sec. 791.001 - 791.027 (Vernon 1996). WITNESSETH Whereas, the Beaumont Police Department (`BPD"), has established a criminal justice information system which contains reports and documents related to pawned property; Whereas, the Nederland Police Department ("NPD") during the course and scope of criminal investigations desires to utilize information contained in the BPD pawned property information systems and to enter pawned property information in the system; Whereas, the City of Beaumont Information Systems Division ("IS") and BPD have established, managed, and operate a computerized pawned property information system at the BPD; Whereas, JCDP and NPD manage and operate computer systems used by those agencies; Whereas,all parties believe it is in their mutual interest to enter into this Agreement to carry out the exchanve of information contained in the BPD pawned property information system; and Whereas, all parties agree to abide by all pertinent federal, state, and local laws and regulations. EXHIBIT "C" NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ) ARTICLE I. 1.01 The purpose of this Agreement is to allow NPD, through JCDP, access to review certain pawned property information and enter pawned property information through a computerized information exchange system maintained by the BPD which would enhance the exchange of information, increase the effectiveness and efficiency of criminal justice agencies in Jefferson County, and be of a monetary benefit to all parties. ARTICLE II. 2.01 The term of this Agreement shall be for a period of one (1) year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term, this Agreement shall automatically be extended for one (1) year terms thereafter.. 2.02 Any party may terminate their participation in this Agreement upon thirty(30)days written notice to all other parties. 2.03 IS, with consent of BPD, may unilaterally "disconnect" or stop providing information and access pursuant to this Agreement if IS and BPD determine that there has been a breach in the security of the system or there has been any unauthorized disclosure, dissemination, or distribution of information contained in the BPD pawned property information system by any of the parties or their employees, agents, or by anyone accessing through such parties system. ARTICLE III. 3.01 All parties agree that any information transferred pursuant to this Agreement is NOT CONSIDERED A RELEASE TO THE PUBLIC for purposes of Tex. Local Gov't, Section 552.001, et. seq., but is only a process to allow access of an employee of a governmental agency acting in his/her official capacity to the pawned property information system of BPD. 2 3.02 No information obtained by agents or employees of NPD pursuant to this Agreement may be released to the public without the prior express written consent of BPD. 9 ARTICLE IV. 4.01 To ensure the security of the BPD pawned property information system, IS is hereby designated as the department responsible for supervising performance of this Agreement pursuant to Tex. Local Gov't, Section 791.013. 4.02 IS, in cooperation with BPD, NPD, and JCDP shall establish user profiles for employees who are to be granted access to the BPD pawned property information system. 4.03 IS shall do any reviews, inspections,examinations, etc.,that are necessary to establish that proper security is in place at the NPD and JCDP to ensure the integrity of BPD's pawned property information system. 4.04 IS shall train or arrange training for any employee who is to be granted access pursuant to this Agreement. No employee of any party to this Agreement may be granted access to the system prior to receiving the training established or arranged by IS. 4.05 IS shall monitor the computer system established pursuant to this Agreement for any breach of security agreements, misuse of the system,or any other actions that may effect the integrity of BPD'S pawned property or criminal justice information systems.If any violations are detected, IS shall immediately report that information to BPD. ARTICLE V. 5.01 BPD shall review any documents requesting security clearances for employees of the NPD and, if the individual meets standards established by BPD, the employee will be authorized security clearance to BPD'S pawned property information system. 5.02 BPD has the sole right to determine the nature and limitations of access to BPD's pawned propem- information system that is to be granted to any employee of NPD. ARTICLE VL 6.01 JCDP will identify the computer devices located at the NPD or JCDP that are to be 3 attached to BPD's pawned property information system. Only devices or equipment pre- approved by IS may be attached. NQ equipment ay be attached which is connected to an modem,Internet connections or any devices which would allow third-party or "remote" access to BPD'S pawned RrQperty information system. 6.02 JCDP shall establish, in cooperation with IS, secured out queues for printouts at the NPD. 6.03 JCDP shall ensure that its' employees are unable to access or secure any information from BPD'S pawned property information systmn. JCDP shall, in cooperation with IS, develop and implement any additional employee restrictions that are necessary to ensure the secure input and exchange of information pursuant to this Agreement. 6.04 JCDP shall monitor its' employees to determine their compliance with the provisions of this Agreement. JCDP agrees to take any personnel administrative action which is needed to ensure compliance with this Agreement and protect the integrity of the information contained in BPD's pawned property information system. ARTICLE VII. 7.01 The NPD shall select and designate those employees in its' department who are to have access to BPD's pawned property information system pursuant to this Agreement. Additionally, the NPD will establish internal regulations regarding the types of inquiries or reports which each employee may conduct or secure. In establishing these standards, NPD will ensure that employees are allowed access to BPD's pawned property information system only on an"as-needed"basis related to their job tasks or functions. 7.02 The NPD shall forward to IS and BPD "user profiles" identifying the employee, the access requested for the employee, and reasons for that employee being granted access to BPD's pawned property information system. These "user profiles" shall be forwarded to IS for review and then forwarded to BPD for review and approval. After review and approval, IS will issue a user ID and password to each individual employee. 7.03 The NPD shall identify specific equipment/devices which are to be used to access BPD's pawned property information system. IS shall inspect and approve those devices prior to 4 their use. Only those devices which have been approved by IS may be used to access BPD's pawned property information system. No equipment may be attached in any fashion to any established computerized information exchange system used pursuant to this Agreement, without prior approval of IS. IS shall have the right to physically inspect the premises where any equipment is located that is to be used in regard to this Agreement on a periodic basis, with reasonable notice to the party responsible for the equipment. 7.04 The NPD shall ensure that any employee who will be accessing BPD'S pawned property information system has received all scheduled training established or arranged by IS prior to accessing BPD's pawned property information system. 7.05 The NPD shall immediately report to IS, the termination or resignation of any employee who had been granted access pursuant to this Agreement. The notification is necessary to ensure and maintain the security and integrity of BPD's pawned property information system. 7.06 The NPD shall ensure that users in its' department do not exchange passwords, leave "signed-on" devices unattended, or release any information obtained pursuant to this Agreement other than for official purposes related to operations of the NPD. 7.07 The NPD shall ensure that "spool files"are printed immediately, i.e., all reports generated pursuant to access to BPD'S pawned property information system are to be printed. ARTICLE VIII. 8.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing, and any amendment shall be attached to and incorporated into this Agreement. ARTICLE DC 9.01 In case one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or enforceability shall not effect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. - 5 ARTICLE X. 10.01 This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of , 20 CITY OF BEAUMONT, TEXAS JEFFERSON COUNTY, TEXAS By: By: Stephen J. Bonczek, City Manager Date Carl Griffith,Jr.County Judge Date BEAUMONT POLICE DEPARTMENT CITY OF NEDERLAND, TEXAS By: By: Tom Scofield, Chief of Police Date Andre Wimer, City Manager Date NEDERLAND POLICE DEPARTMENT t By: Darrell Bush, Police Chief Date 6 INTERLOCAL AGREEMENT BEAUMONT/JEFFERSON COUNTY/GROVES ItiTERAGENCY PAWNED PROPERTY INFORMATION AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement, ("the Agreement") is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County, Texas, ("Beaumont"), the City of Groves, a municipal corporation situated in Jefferson County,Texas,("Groves'),and Jefferson County (Data Processing Division), a political subdivision of the state of Texas, ("JCDP") pursuant to the Interlocal Cooperation Act, Tex. Gov't. Code Ann. Sec. 791.001 - 791.027 (Vernon 1996). WMESSETH Whereas, the Beaumont Police Department ("BPD"), has established a criminal justice information system which contains reports and documents related to pawned property; Whereas, the Groves Police Department ("GPD") during the course and scope of criminal investigations desires to utilize information contained in the BPD pawned property information systems and to enter pawned property information in the system; Whereas, the City of Beaumont Information Systems Division ("IS") and BPD have established, managed, and operate a computerized pawned property information system at the BPD; Whereas, JCDP and GPD manage and operate computer systems used by those agencies; Whereas,all parties believe it is in their mutual interest to enter into this Agreement to carry out the exchange of information contained in the BPD pawned property information system; and Whereas, all parties agree to abide by all pertinent federal, state. and local laws and regulations. - 1 EXHIBIT "D" NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I. 1.01 The purpose of this Agreement is to allow GPD, through,ICDP, access to review certain pawned property information and enter pawned property information through a computerized information exchange system maintained by the BPD which would enhance the exchange of information, increase the effectiveness and efficiency of criminal justice agencies in Jefferson County, and be of a monetary benefit to all parties. ARTICLE U. 2.01 The term of this Agreement shall be for a period of one (1)year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term,this Agreement shall automatically be extended for one (1) year terms thereafter.. 2.02 Any party may terminate their participation in this Agreement upon thirty(30)days written notice to all other parties. ' S 9 2.03 IS, with consent of BPD, may unilaterally "disconnect" or stop providing information and access pursuant to this Agreement if IS and BPD determine that there has been a breach in the security of the system or there has been any unauthorized disclosure, dissemination, or distribution of infonnation contained in the BPD pawned property information system by any of the parties or their employees, agents, or by anyone accessing through such parties system. ARTICLE III. 3.01 All parties agree that any information transferred pursuant to this Agreement is NOT CONSIDERED A RELEASE TO THE PUBLIC for purposes of Tex. Local Gov't, Section 552.001, et. seq., but is only a process to allow access of an employee of a - governmental agency acting in his/her official capacity to the pawned property information system of BPD. 2 3.02 No information obtained by agents or employees of GPD pursuant to this Agreement may be released to the public without the prior express written consent of BPD. r ARTICLE IV. 4.01 To ensure the security of the BPD pawned property information system, IS is hereby designated as the department responsible for supervising performance of this Agreement pursuant to Tex. Local Gov't, Section 791.013. 4.02 IS, in cooperation with BPD, GPD, and JCDP shall establish user profiles for employees who are to be granted access to the BPD pawned property information system. 4.03 IS shall do any reviews, inspections,examinations,etc.,that are necessary to establish that proper security is in place at the GPD and JCDP to ensure the integrity of BPD's pawned property information system. 4.04 IS shall train or arrange training for any employee who is to be granted access pursuant to this Agreement. No employee of any party to this Agreement may be granted access to the system prior to receiving the training established or arranged by IS. i 4.05 IS shall monitor the computer system established pursuant to this Agreement for any breach of security agreements,misuse of the system, or any other actions that may effect the integrity of BPD's pawned property or criminal justice information systems. If any violations are detected, IS shall immediately report that information to BPD. ARTICLE V. 5.01 BPD shall review any documents requesting security clearances for employees of the GPD and, if the individual meets standards established by BPD, the employee will be authorized security clearance to BPD's pawned property information system. 5.02 BPD has the sole right to determine the nature and limitations of access to BPD's pawned property information system that is to be granted to any employee of GPD. ARTICLE VI. 6.01 JCDP will identify the computer devices located at the GPD or JCDP that are to be 3 attached to BPD's pawned property information system. Only devices or equipment pre- - approved by IS may be attached. No equipment may be attached which is connected to any modems.Internet connections or any devices which would allow third-par or "remote" access to BPD's pawned property information SN'stem. 6.02 JCDP shall establish, in cooperation with IS, secured out queues for printouts at the GPD. 6.03 JCDP shall ensure that its' employees are unable to access or secure any information from BPD's pawned property information system. JCDP shall, in cooperation with IS, develop and implement any additional employee restrictions that are necessary to ensure the secure input and exchange of information pursuant to this Agreement. 6.04 JCDP shall monitor its' employees to determine their compliance with the provisions of this Agreement. JCDP agrees to take any personnel administrative action which is needed to ensure compliance with this Agreement and protect the integrity of the information contained in BPD'S pawned property information system. ARTICLE VII. 7.01 The GPD shall select and designate those employees in its' department who are to have access to BPD'S pawned property information system pursuant to this Agreement. Additionally, the GPD will establish internal regulations regarding the types of inquiries or reports which each employee may conduct or secure. In establishing these standards, GPD will ensure that employees are allowed access to BPD's pawned property information system only on an "as-needed" basis related to their job tasks or functions. 7.02 The GPD shall forward to IS and BPD "user profiles" identifying the employee, the access requested for the employee, and reasons for that employee being granted access to BPD's pawned property information system. These "user profiles" shall be forwarded to IS for review and then forwarded to BPD for review and approval. After review and approval,IS will issue a user lD and password to each individual employee. - 7.03 The GPD shall identify specific equipment/devices which are to be used to access BPD'S pawned property information system. IS shall inspect and approve those devices prior to 4 their use. Only those devices which have been approved by IS may be used to access BPD's pawned property information system. No equipment may be attached in any - fashion to any established computerized information exchange system used pursuant to this Agreement, without prior approval of IS. IS shall have the right to physically inspect the premises where any equipment is located that is to be used in regard to this Agreement on a periodic basis, with reasonable notice to the party responsible for the equipment. 7.04 The GPD shall ensure that any employee who will be accessing BPD's pawned property information system has received all scheduled training established or arranged by IS prior to accessing BPD'S pawned property information system. 7.05 The GPD shall immediately report to IS, the termination or resignation of any employee who had been granted access pursuant to this Agreement. The notification is necessary to ensure and maintain the security and integrity of BPD'S pawned property information system. 7.06 The GPD shall ensure that users in its' department do not exchange passwords, leave "signed-on" devices unattended, or release any information obtained pursuant to this Agreement other than for official purposes related to operations of the GPD. 7.07 The GPD shall ensure that"spool files"are printed immediately, i.e., all reports generated pursuant to access to BPD's pawned property information system are to be printed. ARTICLE VIII. 8.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing, and any amendment shall be attached to and incorporated into this Agreement. ARTICLE IX. 9.01 In case one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or enforceability shall not effect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. ' 5 ARTICLE X. 10.01 This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of , 20_ CITY OF BEAUMONT, TEXAS JEFFERSON COUNTY, TEXAS By: By: Stephen J. Bonczek, City Manager Date Carl Griffith, Jr. County Judge Date BEAUMONT POLICE DEPARTMENT CITY OF GROVES,TEXAS By: By: Tom Scofield, Chief of Police Date Dave Brinson, City Manager Date GROVES POLICE DEPARTMENT By: Steve Savoy, City Marshall Date j. 6 INTERLOCAL AGREEMENT BEAUMONTIJEFFERSON COUNTYIPORT NECHES INTERAGENCY PAWNED PROPERTY INFORMATION AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement, ("the Agreement") is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County,Texas,(`Beaumont"), the City of Port Neches, a municipal corporation situated in Jefferson County,Texas,("Port Neches"),and Jefferson County (Data Processing Division), a political subdivision of the state of Texas, ("JCDP") pursuant to the Interlocal Cooperation Act, Tex. Gov't. Code Ann. Sec. 791.001 - 791.027 (Vernon 1996). WTTNESSETH a Whereas, the Beaumont Police Department ("BPD"), has established a criminal justice information system which contains reports and documents related to pawned property; Whereas, the Port Neches Police Department ("PNPD") during the course and scope of criminal investigations desires to utilize information contained in the BPD pawned property information systems and to enter pawned property information in the system; Whereas, the City of Beaumont Information Systems Division ("IS") and BPD have established, managed,and operate a computerized pawned property information system at the BPD; Whereas, JCDP and PNPD manage and operate computer systems used by those agencies; Whereas,all parties believe it is in their mutual interest to enter into this Agreement to carry out the exchange of information contained in the BPD pawned property information system; and Whereas, all parties agree to abide by all pertinent federal, state, and local laws and regulations. _ EXHIBIT "E" NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I. 1.01 The purpose of this Agreement is to allow PNPD, through JCDP, access to review certain pawned property information and enter pawned property information through a computerized information exchange system maintained by the BPD which would enhance the exchange of information, increase the effectiveness and efficiency of criminal justice agencies in Jefferson County, and be of a monetary benefit to all parties. ARTICLE EL 2.01 The term of this Agreement shall be for a period of one (1) year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term, this Agreement shall automatically be extended for one (1)year terms thereafter.. 2.02 Any party may terminate their participation in this Agreement upon thirty(30)days written notice to all other parties. x 2.03 IS, with consent of BPD, may unilaterally "disconnect" or stop providing information and access pursuant to this Agreement if IS and BPD determine that there has been a breach in the security of the system or there has been any unauthorized disclosure, dissemination, or distribution of information contained in the BPD pawned property information system by any of the parties or their employees,agents,or by anyone accessing through such parties system. ARTICLE III. 3.01 All parties agree that any information transferred pursuant to this Agreement is NOT CONSIDERED A RELEASE TO THE PUBLIC for purposes of Tex. Local Gov't, Section 552.001, et. seq., but is only a process to allow access of an employee of a _ governmental agency acting in his/her official capacity to the pawned property information system of BPD. 2 3.02 No information obtained by agents or employees of PNPD pursuant to this Agreement may be released to the public without the prior express written consent of BPD. ARTICLE IV. 4.01 To ensure the security of the BPD pawned property information system, IS is hereby designated as the department responsible for supervising performance of this Agreement pursuant to Tex. Local Gov't, Section 791.013. 4.02 IS, in cooperation with BPD, PNPD, and JCDP shall establish user profiles for employees who are to be granted access to the BPD pawned property information system. 4.03 IS shall do any reviews,inspections,examinations,etc.,that are necessary to establish that proper security is in place at the PNPD and JCDP to ensure the integrity of BPD'S pawned property information system. 4.04 IS shall train or arrange training for any employee who is to be granted access pursuant to this Agreement. No employee of any party to this Agreement may be granted access to the system prior to receiving the training established or arranged by IS. 4.05 IS shall monitor the computer system established pursuant to this Agreement for any breach of security agreements, misuse of the system, or any other actions that may effect the integrity of BPD's pawned property or criminal justice information systems. If any violations are detected, IS shall immediately report that information to BPD. ARTICLE V. 5.01 BPD shall review any documents requesting security clearances for employees of the PNPD and, if the individual meets standards established by BPD, the employee will be authorized security clearance to BPD'S pawned property information system. 5.02 BPD has the sole right to determine the nature and limitations of access to BPD's pawned property information system that is to be granted to any employee of PNPD. ARTICLE VI. 6.01 JCDP will identify the computer devices located at the PNPD or JCDP that are to be 3 attached to BPD's pawned property information system. Only devices or equipment pre- approved by IS may be attached. No equipment may be attached which is connected is any modems Internet connections or any devices which would allow third-par v or ``remote" access to BPD's an vned property information system. 6.02 JCDP shall establish, in cooperation with IS, secured out queues for printouts at the PNPD. 6.03 JCDP shall ensure that its' employees are unable to access or secure any information from BPD's pawned property information system. JCDP shall, in cooperation with IS, develop and implement any additional employee restrictions that are necessary to ensure the secure input and exchange of information pursuant to this Agreement. 6.04 JCDP shall monitor its' employees to determine their compliance with the provisions of this Agreement. JCDP agrees to take any personnel administrative action which is needed to ensure compliance with this Agreement and protect the integrity of the information contained in BPD'S pawned property information system. ARTICLE VII. 7.01 The PNPD shall select and designate those employees in its' department who are to have access to BPD's pawned property information system pursuant to this Agreement. Additionally, the PNPD will establish internal regulations regarding the types of inquiries or reports which each employee may conduct or secure. In establishing these standards, PNPD will ensure that employees are allowed access to BPD'S pawned property information system only on an "as-needed" basis related to their job tasks or functions. 7.02 The PNPD shall forward to IS and BPD "user profiles" identifying the employee, the access requested for the employee, and reasons for that employee being granted access to BPD's pawned property information system. These "user profiles" shall be forwarded to IS for review and then forwarded to BPD for review and approval. After review and approval, IS will issue a user ID and password to each individual employee. 7.03 The PNPD shall identify specific equipment/devices which are to be used to access BPD'S pawned property information system. IS shall inspect and approve those devices prior to j 4 their use. Only those devices which have been approved by IS may be used to access -. BPD's pawned property information system. No equipment may be attached in any fashion to any established computerized information exchange system used pursuant to this Agreement, without prior approval of IS. IS shall have the right to physically inspect the premises where any equipment is located that is to be used in regard to this Agreement on a periodic basis, with reasonable notice to the party responsible for the equipment. 7.04 The PNPD shall ensure that any employee who will be accessing BPD's pawned property information system has received all scheduled training established or arranged by IS prior to accessing BPD'S pawned property information system. 7.05 The PNPD shall immediately report to IS, the termination or resignation of any employee who had been granted access pursuant to this Agreement. The notification is necessary to ensure and maintain the security and integrity of BPD's pawned property information system. 7.06 The PNPD shall ensure that users in its' department do not exchange passwords, leave "signed-on" devices unattended, or release any information obtained pursuant to this Agreement other than for official purposes related to operations of the PNPD. 7.07 The PNPD shall ensure that"spool files"are printed immediately,i.e.,all reports generated - pursuant to access to BPD'S pawned property information system are to be printed. ARTICLE VIII. 8.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing, and any amendment shall be attached to and incorporated into this Agreement. ARTICLE IX. 9.01 In case one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity,illegality or enforceability shall not effect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 5 ARTICLE X. .. 10.01 This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof,and no other agreement, statement or promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of , 2Q CITY OF BEAUMONT,TEXAS JEFFERSON COUNTY,TEXAS By: By: Stephen J. Bonczek, City Manager Date Carl Griffith, Jr. County Judge Date BEAUNIONT POLICE DEPARTMENT CITY OF PORT NECHES,TEXAS By: By: Toni Scofield, Chief of Police Date Randy Kimbler, City Manager Date PORT NECHES POLICE DEPARTMENT' i By: Gene Marsh, Police Chief Date • J 6