HomeMy WebLinkAboutRES 09-343 RESOLUTION NO. 09-343
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Memorandum of
Understanding and all other documents necessary to continue the Beaumont Police
Department's participation in the Texas Data Exchange (TDEx), a comprehensive
information sharing portal that allows criminal justice agencies to exchange jail and records
management systems data.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 17th day of
November, 2009.
UMpM,� it
l0, -&fayor Becky Ames -
W ;4
AW
i
ilk1�
r
TEXAS DEPARTMENT OF PUBLIC
CRIME RECORDS SERVICE
TEXAS DATA EXCHANGE (TDEx) USER/EOUIPMENT AGREEMENT
This document constitutes an agreement between the Texas Department of Public Safety
(TXDPS), State Administrator of the Texas Data Exchange (TDEx), P. O. Box 4143,
Austin, Texas, 78765-4143 and a criminal justice or law enforcement agency, hereinafter
referred to as the User Agency.
AGENCY
ADDRESS
X ,�, W
This agreement is made pursuant to Chapter 791 of the Texas Government Code and/or
Chapter 771 of the Texas Government Code and sets forth duties and responsibilities for
both the TXDPS and the User Agency.
The User Agency will ensure that only approved persons performing authorized criminal
justice functions have access to TDEx.
TDEx information, including any analytical products derived there from, may not be used
as a basis for action or disseminated outside User Agency for any purpose or in any other
manner, unless the User Agency first obtains the express permission of the agency or
agencies that contributed the information in question. Specifically included within this
prohibition is any inclusion of TDEx information in an official case file and any use of
TDEx information in the preparation of judicial process such as affidavits, warrants, or
subpoenas. User Agency may not electronically retain TDEx information without
obtaining the TDEx contributing agency's permission. When TDEx information is
summarized or otherwise documented, the User Agency shall indicate that the
information was obtained from TDEx.
Notwithstanding the requirement in the preceding paragraph that TDEx information not
be used as a basis for action or disseminated without first obtaining the permission of the
contributing agency, in accordance with and to the extent permitted by applicable law,
court process, or applicable guidelines, immediate dissemination of TDEx information
without such permission can be made if the User Agency determines that:
(a) there is an actual or potential threat of terrorism, immediate danger
of death or serious physical injury to any person, or imminent harm to
U.S. national security; and
(b) it is necessary to disseminate such information without delay to
any appropriate recipient for the purpose of preventing or responding
to such a threat, danger, or harm.
Page 1 of 5
The User Agency shall immediately notify TXDPS and the TDEx contributing agency if
it disseminates any TDEx information under this exception. Any requests for reports or
information in TDEx from anyone other than a party to this User Agreement will be
directed to the TDEx User Agency which contributed the data.
TXDPS RESPONSIBILITIES REGARDING TDEx
TXDPS agrees to maintain, operate and manage TDEx communications and criminal justice
information systems on a 24-hour, 7- day per week and 365 days per year basis. TXDPS
further agrees to act as the State Administration Agency to facilitate the exchange of
information between the User Agency and the following agencies: Federal Bureau of
Investigation(FBI) Criminal Justice Information Services (CJIS)National Data Exchange
(N-DEx). TXDPS Driver's License Files(DL), Sex Offender Registration(SOR), Texas
Department of Criminal Justice (TDCJ)probation/parole data and other data files may be
implemented in future applications of information available to authorized users.
TXDPS reserves the right to restrict the type and scope of data to which the user may have
access. TXDPS will provide system training to TDEx users at no charge to the User
Agency at a time and location to be designated by TXDPS. The obligation of TXDPS to
incur training costs is conditional upon sufficient funds budgeted and available. No
financial liability will be incurred by TXDPS by virtue of this agreement beyond monies
available to it for the purpose of fulfilling this agreement.
TXDPS may provide or assist User Agency with the initial installation of adapter hardware,
records management system (RMS)and/or jail management system(JMS) software
enhancements or interface f inctionality(s). User Agency RMS and/or JMS software
enhancements delivered as the result of custom developed TDEx functionality are the
property of the User Agency or User Agency RMS/JMS software vendor. User Agency is
responsible for maintaining the capability to submit data to TDEx following User Agency
RMS/JMS enhancements or replacement.
TXDPS agrees to maintain its applicable TDEx hardware, software and functionality
including data adapter extraction and export methodology/technology plus future
implementation(s) involving National Information Exchange Model (NIEM) Information
Exchange Package Documentation(IEPDs). This determination may be made by TXDPS
or its authorized designee.
TDEx maintains an audit capability that will log the date, time, subject, and originating
account of all user queries. TXDPS will maintain the audit logs for five years or for the
life of the records accessed, whichever is longer.
TXDPS reserves the right to immediately suspend service to the User Agency when
applicable policies are violated. Service may be reinstated following such instances upon
receipt of satisfactory assurances that such violations have been corrected. All costs for
reconnection service are the responsibility of the User Agency. TXDPS shall have the
authority to inspect and audit the equipment, records, and operations of the User Agency to
determine compliance.
Pate 2 of 5
USER AGENCY RESPONSIBILITIES REGARDING TDEx
The User Agency may only access and use TDEx information for official criminal justice
and national security purposes. TDEx information cannot be accessed or used for any
other purpose. User Agency agrees to allow TXDPS to share User Agency data
contributed to TDEx with other authorized criminal justice agencies.
The User Agency shall abide by all laws of the United States and the State of Texas, and
shall abide by all present or hereinafter approved rules,policies and procedures of TDEx
and N-DEx concerning the collection, storage, processing, search,retrieval, dissemination
and exchange of criminal justice information.
If the User Agency provides TDEx derived criminal justice information to another criminal
justice or law enforcement agency, which at that time is not operating through TDEx
pursuant to a TDEx User Agreement, then it shall be the responsibility of the User Agency
to verify that the non-user agency abides by the laws of the United States and the State of
Texas and the operational policies of the applicable systems.
The User Agency agrees to appoint a TDEx Agency Administrator responsible for:
a. Acting as the single point of contact for TDEx issues;
b. Ensuring compliance with this agreement, current and future versions of policies
and procedures regarding TDEx and all applicable state and federal laws;
C. Vetting, authorizing and managing users through the role based user management
tools provided in TDEx;
d. Terminating user access immediately upon user separation from the agency or
otherwise become ineligible for access;
e. Ensuring that all users from that agency are trained and informed of policies and
procedures;
f. Reporting security incidents to the TXDPS CJIS Information Security Officer
(ISO), as required by the User Agency's CJIS Security Addendum.
The User Agency must notify the TDEx State Administrator immediately whenever the
incumbent Agency Administrator is replaced.
User Agency certifies that all User Agency staff with access to TDEx have undergone
background checks consistent with Texas or federal requirements, so long as, at a
minimum, those requirements included a criminal history and national fingerprint check.
The User Agency shall be responsible for maintaining the User Agency RMS and/or JMS in
good working order. The User Agency agrees to maintain its applicable hardware, RMS,
JMS, and adapter interface functionality(s) to maintain complete and continual functionality
with TDEx. User Agency hardware(including workstations utilized to access), RMS,JMS
and adapter interface shall be installed in a location where only authorized personnel have
access.
The User Agency is responsible for providing its own Internet connectivity and
maintenance which meets CJIS Security Policy requirements.
Page 3 of 5
Each TDEx contributing User Agency retains sole ownership of, sole responsibility for,
and exclusive control over the content of the information that it contributes to TDEx, and
each User Agency may, at will and at any time, update, correct, or delete the information
that it contributes to TDEx. Each TDEx contributing User Agency has the sole
responsibility to ensure that information that it contributes to TDEx was not obtained and
is not maintained in violation of any federal, state, or local law applicable to that agency.
In addition, each TDEx contributing agency has the sole responsibility and accountability
for ensuring compliance with all laws, regulations, policies, and procedures applicable to
its entry and sharing of information into TDEx. TDEx User Agency will duly report to
TXDPS and the contributing User Agency in writing any instance in which TDEx
information is used in an unauthorized manner. Such notice is to be provided in a timely
manner within three days of when the party first learned of the unauthorized use.
Each TDEx contributing User Agency has the duty, sole responsibility, and
accountability to make reasonable efforts to ensure the accuracy upon entry, and
continuing accuracy thereafter, of information that it contributes to TDEx. Should
TXDPS receive a challenge to or reasonable question about the accuracy of the
information in TDEx, TXDPS will notify the TDEx User Agency.
Any User Agency data or process related to TDEx that could affect and cause degradation of
service to other TDEx users must be authorized by TXDPS prior to implementation.
TXDPS reserves the right to refuse such application on TDEx should resources not be
available, or in the best interest of the TDEx users.
TDEX USER AGREEMENT TERMINATION AND DURATION
This TDEx User Agreement may be terminated at any time upon the mutual written
consent of the parties. In the event that both parties consent to terminate this TDEx User
Agreement, the parties will consult prior to the date of termination to ensure termination
on the most economical and equitable terns.
Either party may terminate this TDEx User Agreement upon 30 days written notice to the
other party. Such notice will be the subject of immediate consultation by the parties to
decide upon the appropriate course of action. In the event of such termination, the
following with apply:
(a) The terminating party will continue participation, financial or
otherwise, up to the effective date of termination.
(b) Each party will pay the costs it incurs as a result of termination.
(c) All rights, obligations, responsibilities, limitations, and other
understandings with respect to the disclosure and use of all
information received during a party's participation in this MOU shall
survive any termination.
This TDEx User Agreement will enter into force on the day it is signed by the last party
and it will remain in effect until terminated or modified by the parties may be terminated
at any time upon the mutual written consent of the parties. In the event that both parties
Page 4 of 5
consent to terminate this MOU,the parties will consult prior to the date of termination to
ensure termination on the most economical and equitable terms.
User Agency, to the extent authorized by law,agrees to indemnify and save harmless
TAPS,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 of
enjoyment of this Agreement.
In WITNESS WHEREOF,the parties hereto caused this Agreement to be executed by the
proper officers and officials.
TEXAS DEPARTMENT OF PUBLIC SAFETY
By S VeV,-e C'. 44
Title �' /�z° C' O r'
Signature �---
Date -7 A?0 /2 coo y
USER AGENCY
By
Title
Signature
Date f 2 ' 3 01
Page 5 of 5