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Home My WebLink AboutRES 15-237RESOLUTION NO. 15-237 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 Non -Terminal Agency Agreement, substantially in the form attached hereto as Exhibit "A," between the Beaumont Independent School District Police Department (BISD PD) and the City of Beaumont to allow access to the Texas Law Enforcement Telecommunications System (TLETS), the Texas Crime Information Center (TCIC), and the National Crime Information Center (NCIC) for queries and to perform required data input for the school district. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of October, 2015. NON -TERMINAL AGENCY AGREEMENT This document constitutes an agreement between hereinafter called the Terminal Agency, and hereinafter called the Non -Terminal Agency. The Terminal Agency agrees to provide the Non -Terminal Agency with access to the Texas Law Enforcement Telecommunications System (TLETS), the Texas Crime Information Center (TCIC), and the National Crime Information Center (NCIC), and associated systems on a 24-hour, 7 day per week basis. The Non -Terminal Agency agrees to abide by all laws of the United States and the state of Texas, and all present or hereafter approved rules, policies and procedures of TLETS, NLETS, TCIC, NCIC and any other systems now or in the future associated with TLETS concerning the collection, storage, processing, retrieval, dissemination and exchange of information for criminal justice purposes. The Terminal Agency reserves the right to suspend service to the Non -Terminal Agency, which may include canceling of records entered for the Non -Terminal Agency, when applicable policies are violated. The Terminal Agency may reinstate service following such instances upon receipt of satisfactory assurances that such violations have been corrected. In order to comply with NCIC policies established by the NCIC Advisory Policy Board, the Non -Terminal Agency agrees to maintain accurate records of all TCIC/NCIC entries made through the Terminal Agency and to immediately notify the Terminal Agency of any changes in the status of those reports, to include the need for cancellation, additions, deletion or modification of information. The Terminal Agency agrees to enter, update and remove all records for the Non -Terminal agency on a timely basis, as defined by NCIC. In order to comply with NCIC hit confirmation requirement the agencies agreed to the following: If wanted person records are to be entered with the Terminal Agency's ORI, the Non -Terminal Agency must deliver to the Terminal Agency the original warrants to be held on file until such time as the record is canceled/cleared. If property and missing person records are to be entered with the Terminal Agency's ORI, the Non -Terminal Agency must deliver case reports to the Terminal Agency to be held on file until such time as the records is cancelled/cleared. If the records are to be entered with the Non -Terminal Agency's ORI, the Terminal Agency agrees to immediately forward all request for hit confirmation that might be received at the terminal to the Non -Terminal Agency. The Non -Terminal Agency agrees to comply with the NCIC hit confirmation policy. If the Non -Terminal Agency is a non -24 hour agency, the records must be entered with the Terminal Agency's ORI, and case reports and original warrants must be held at the Terminal Agency for hit confirmation purposes. In order to comply with NCIC Validation requirements, the Non -Terminal Agency agrees to perform all validation procedures as required by NCIC on all records entered through the Terminal Agency. Criminal History information obtained from the TLETS terminal of the Terminal Agency will be handled according to TCIC/NCIC guidelines by the Non -Terminal Agency. Either the Terminal Agency or the Non -Terminal Agency may, upon thirty days written notice, discontinue this agreement. Rev. 2007 EXHIBIT "A" (Non -Terminal Agency Agreement) To the extent allowed by the laws of the State of Texas, the Non -Terminal Agency agrees to indemnify and save harmless the Terminal Agency as well as the DPS, its Director and employees from and against all claims, demands, actions and suits, including but not limited to any liability for damages by reason of or arising out of any false arrests or imprisonment or any cause of the Non -Terminal Agency or its employees in the exercise of the enjoyment of this Agreement. The Terminal Agency agrees to make available to the Non -Terminal Agency all TLETS/NLETS and TCIC/NCIC publications and policies as are available to it so that the Non -Terminal Agency may comply with the policies of TLETS/NLETS and TCIC/NCIC. This agreement becomes effective on the day of , 20 In witness whereof, the parties here to cause this agreement to be executed by the proper officers and officials. Terminal Agency By: Title: Date: 2 Non -Terminal Agency By: Title: Date: