HomeMy WebLinkAboutRES 19-073RESOLUTION NO. 19-073 .
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 License Plate Reader (LPR) User Agreement between the City of Beaumont
Police Department and the Texas Department of Public Safety (TXDPS) for the purpose
of establishing the duties and responsibilities for access to the Texas Automated
License Plate Reader (LPR) Database administered by TXDPS. The Agreement 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 26th day of
March, 2019
Mayor Becky Ames -
m._.. i ...' .. ! I. \ . 1
CRIME RECORDS SERVICES
This document constitutes a User Agreement which sets forth the duties and responsibilities of the User Agency in
order to gain access to the Texas Automated License Plate Reader (LPR) Database administered by the Texas
Department of Public Safety (TXDPS). The User Agency shall be a criminal justice or law enforcement agency.
USER AGENCY:
ADDRESS:
The LPR Database shall consist of shared data from all participating local, state, and federal agencies, as well as
TXDPS captured data, of the following information associated with a license plate captured by an LPR: license plate
numbers; latitude and longitude coordinates indicating where the plate was captured; date/time of the capture; and
Originating Agency Identifier (ORI) information of the agency capturing the information. The LPR Database shall be
maintained, operated, and managed by TXDPS on a 24 hour, 7 days a week, 365 days a year basis.
A. USER AGENCY RESPONSIBILITIES
1. The User Agency may only access and use LPR information for official criminal justice purposes, LPR
information shall not be accessed or used for any other purpose.
2. The User Agency shall allow TXDPS to share the User Agency's data contributed to the LPR Database with
other authorized criminal justice or law enforcement agencies.
3. The User Agency shall provide its own internet connectivity and maintenance which meets Criminal justice
Information Services (C)IS) Security Policy requirements.
4. The User Agency shall retain sole ownership of, sole responsibility for, and exclusive control over the
content of the information that it contributes to the LPR Database.
5. The User Agency shall, at will and at any time, update, correct, or delete the information that it contributes
to the LPR Database.
6, The User Agency has the sole responsibility to ensure that the information it contributes to the LPR
Database was not obtained and is not maintained In violation of any federal, state, or local law applicable to
that agency.
7. The User Agency has sole responsibility and accountability for ensuring compliance with all laws,
regulations, policies, and procedures applicable to its entry and sharing of information into the LPR
Database, including but not limited to the federal Driver's Privacy Protection Act (18 U.S.C. §2721 et seq.)
and the Texas Motor Vehicle Records Disclosure Act (Tex. Transp. Code Ch. 730).
8. The User Agency shall duly report to TXDPS, in writing, any instance in which LPR information is used in an
unauthorized manner. Such notice shall be provided immediately, but no later than three (3) calendar days
of when the User Agency first learned of the unauthorized use.
9. The User Agency has the duty, sole responsibility, and accountability to make reasonable efforts to ensure
the accuracy, upon entry and continuing thereafter, of information that it contributes to the LPR Database.
10. The User Agency is solely responsible for the actions or omissions of its employees and officers.
11. The User Agency shall permit access to the LPR Database only to individual users who meet standard Texas
Law Enforcement Telecommunications System (TLETS) credentials.
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TXDPS #LES201304161440
EXHIBIT "A"
B. GENERAL TERMS
1. TXDPS shall notify the User Agency if it receives a challenge to or reasonable question about the accuracy of
the information submitted by the User Agency in the LPR Database.
2. The minimum retention period for information to remain in the LPR Database shall be three (3) years,
unless the User Agency indicates to TXDPS that a shorter retention period is required.
3. TXDPS will provide system training to the LPR Database 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 shall be incurred by TXDPS by virtue of this
User Agreement beyond monies available to it for the purpose of fulfilling this User Agreement.
4. TXDPS reserves the right to immediately suspend service to the User Agency or an individual user when
applicable policies are violated. Service may be reinstated, in TXDPS' sole discretion, upon receipt of
satisfactory assurance that such violations have been corrected. All costs for reconnection service are the
responsibility of the User Agency.
5. TXDPS shall have the authority to inspect and audit the equipment, records, and operations of the User
Agency to determine the User Agency's compliance with standards and requirements associated with
TLETS, Texas Crime Information Center (TCIC)/National Crime Information Center (NCIC), and of this User
Agreement throughout the term and for a period of four (4) years after the termination of this User
Agreement. The User Agency shall maintain records regarding the use and dissemination of information in
the LPR Database and shall provide such records to TXDPS immediately upon Its request.
6. Any waiver of any breach or default of this User Agreement by TXDPS shall not constitute a waiver of any
subsequent breach or default or a waiver of the provision itself.
C. DURATION AND TERMINATION
1. This User Agreement is effective upon the date it is signed by the User Agency and shall remain in effect
until terminated by TXDPS or the User Agency.
2. This User Agreement may be terminated at any time upon the mutual written consent of TXDPS and the
User Agency.
3. TXDPS or the User Agency may terminate this User Agreement for convenience upon thirty (30) calendar
days written notice to the other party.
4. TXDPS may terminate this User Agreement if the User Agency fails to comply with any provision of this User
Agreement or is otherwise In default by providing written notice to terminate, which termination shall
become effective immediately upon the User Agency's receipt of the notice.
S. In no event will termination by TXDPS give rise to any liability whatsoever on the part of TXDPS.
6. All rights, obligations, responsibilities, limitations, and other understandings with respect to the disclosure
and use of all information by the User Agency as described in this User Agreement shall survive any
termination.
D. NOTICES AND CONTACTS
The User Agency shall direct all correspondence to TXDPS regarding this User Agreement to the following address:
Texas Department of Public Safety
Law Enforcement Support Division
Attention: LPR Quality Control Analysts
P.O. Box 4143
Austin, Texas 78765-4134
Email: TCIC.Operations@dps.texas.gov
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TXDPS #LES201304161440
TXDPS shall direct all correspondence to the User Agency regarding this User Agreement to the following address
and contact person designated by the User Agency. The User Agency shall notify TXDPS within ten (14) calendar
days of any change in this Information:
Name:
Address:
City, State, Zip:
Telephone:
Fax:
Email:
Notices to the addresses.shown above shall be deemed received: (i) when delivered in hand and a receipt granted;
(ii) three (3) calendar days after it is deposited in the United States mail; or (fit) when received if sent by confirmed
fax or confirmed email.
In WITNESS WHEREOF, the signatory for the User Agency hereby represents and warrants that it has full and
complete authority to sign this User Agreement on behalf of the User Agency.
USER AGENCY:
Signature:
Printed Name:
Title:
Date:
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TXDPS #LES201304161440
Tl '11u_► I C
CRIME RECORDS.SERVICES
I .. . I....... a ..l
This document. constitutes a User.Agreementmwhich sets forth'the duties aril responsibilities of the User -Agency in
order to gain access to the Texas ,Automated `License Plate Reader (LPR) Database administered by the Texas
Department of,Public Safety (TXD.PS). The. User Agency.shall be a criminal justice or law enforcement agency.
USER AGENCY City of Beaumont,PoliceDepartment
ADDRESS: 25.5 College Street,, Beaumont, Tx. 7770.1
The _LPR Database shall consist of shared 'data• from all participating local;,.stato, and federal agencies, as well as
TXDPS captured, data, of the. following inforiaO' associated with a, license plate captured,_by an LPR:;license plate
numbers; latitude and longitude coo rdinates•indicating where the plate was.captured; date/tame' of the capture; and
Originating Agency Identifier (ORI) info ination ofthe agency`capturing the information, TIie,LPR Database,shall be
maintained, operated, and managed by,TXDPS,on:a 24 hour,:7 days a week, 3,65 days a year basis.
A. USER AGENCY. RESPONSIBTLITIES
1. The User Agency may only access and,use. LPR information for official criminal justice- purposes. LPR
informatiomshall not be access ,d'or used d for any other purpose,
2, The User Agency shall allow TXDPS.'to share the User Agency's data contributed to the LPR Database.with
other authorized criminal: justice or law enforcement;agencies.
3., The User Agency shall provide. its,o,wn Internet connectivity, and maintenance which meets, Criminal)ustice
Information Services (CJIS) Security Policy requirements.
4. The -Users Agency shall retain sole ownership of; Ole -'responsibility for; and exclusive control over -the.
contentof information- that it'contributes to the LPR-Database.
S. Th'e User "Agency shall, "at will and at any time, update, correct, or delete theInformation that it contributes;
to the LPR D"atabase..
6. The "User Agency has the sole responsibility to ensure that the; i formatidn it contributes to the. LPR
Database was not obtained;and, is not maintained inviolation of any federal, state, or local law applicable to
that agency, `
7. The User- Agency' has sole re`sporisibility and accountability for ensuring compliance with all laws,
regulations, policies; and procedures applicable to. its entry and ;sharing of information into the LPR
Database; includingb'ut.notlimited to the federal Driver's Privacy Protection Act (18 U.S.C;.§2721 et seq.)
and",the; Texas Motor"Vehicle Records Disclosure Act,(Tex.•Transp. Code Ch. 7 ,0).
8. The User Agency shall duly report to"TXDPS, in writing, any instance in which LPR information is used'in an -
unauthorized unauthorized manner, Such notice shall be provided irnmedia tely,,but, no later than three (3) calendar days
.of when the User Agency first learned of the unauthorized use.
9. The User Agency has the duty, sole responsibility, and accountability to, make reasonable efforts to ensure
the:accui-acy,.upon entry and,continuingthereafter, of information thatitcontributes to the LPR Database,
10, The User:Agencyis'solely responsible;for the actions,ororiiissions of:.its employees and officers.
11. The.User Agency sh'a11 permi[:;access to:'tlie LPR Database only to lndividu:al: users who meet standard Texas
Law Enfmicement-TelecommunicaiionsSystem (TLETS), credentials.
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TXDPS #LES201304161440
13. GENERAL TERMS
1. TXDPS shall notify the., User Agency if It receives a challenge to.or reasonable. question about the accuracy of
the information submitted by the User Agency in the LPR Database.
2. The minimum retention period for information to remain in the. LPR Database shall be, three (3) years,
unless the User Agency;iridicates to TXDPS that a shorter -retention period is required.
3,. TXDPS will provide'system training to the LPR Database users at no charge to the User Agencyat a time and
location -to be designated 'by TXDPS:. The obligation of,TXDPS to incur training costs�is conditional upon,
suffi'clentfu'nds budgeted and "available,:.No financlal liability shall, be .incurred.by TXDPS: by virtue 'of this
User-Agreementbeyond'monies available to it for the ;purpose of Id fillmg•this'User.Agreemen"t.
4: TXIjPS reserves the right Winim'ediately suspend service. to the User Agency or:an. individual user when
applicable; policies are violated; Service may be reiiistatedl in TXDPS' sole discretion, -upon receipt of
satisfactoryassurance. that such -violations have been corrected. All costs forreconnection service are the
responsibility of the User Agency;
5., TXDPS, shall have the authority to inspect and audit the equipment, records, and pperations, of the User
Agency to determine the User Agency's compliance with standards and requfreme►its .associated with
TLETS,'Texas Crime Information Center (TCI'C)/N,ational Crime Information Center ('NCIC), and of this User
Agreement. throughout the `-term :and for a period of, four -(4) years after the termination of this 'User
Agreement. The User Agencyshall maintain records_ regarding'the,use aiid dissemination; of information'in
the."LPR Database.and shall�provide such records to'TXDPS immediately upon its request.
6. Anywaiver of•any'l reach "or default of this User Agreement by TXDPS•shall not constitute a waive`' of`any
subsequentbreach or default or a waiver of the provision itself.
C. DURATIOMAND TERMINATION
1. This User Agreement is effective.,upon the dateit is signed by the User Agency and shall remain in effect
until terminated by TXDPS or the User Agency.
2. This User.Agre.ement may be termi,ilated at any -time. upon the mutual, written consent, of TXDPS and the
User Agency.
3, TXDPS ,or the, User Agency may terminate_ this User Agreement for• convenience upon thirty (30) calendar
days written notice to-the,otherparty,:
4: TXDPS may,tei minate this, User Agreement if the UserAgencyfails to comply•with anIprovision of this User
Agreement or is otherwise; in default by providingwritten notice, Ito -terminate, which term ination'Aall
.
become: effective immediately upon.thezUser Agencys receipt of the notice;
5. 'In no :e 'ent;w�ll t 'iniiiation by TXDPS give rise to any liability. whatsoever,on'the part"of TXDPS,
6. All'ri`ghts; obligations; responsibilities, Imitations, and other understandings -with respect to the disclosure
and- use 4f-all iriformation by the User Agency _as-descr•'ibed in, th s'User.Agreement shall survive any
termination.
D; .NOTICESAND CONTACTS
The User°Agency shall direct:all correspbn.dence to TXDPS regarding this User,Agreement to, the following address:
Texas Department of -Public Safety"
,Law Enforcement Sqpport Division
Attention: LPR Quality Control Analysts
P.O. Box 41`43
Austin, Texas 78765-4134
Email: TCIC,Operations@dps:texas.gov
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TXDPS• HLES20t3o4;161440
`TXDPS shall' direct all correspondence to. the .User Agency'regarding this User Agreement to the following, address.
.and contact person designated by the User Agency. Th User Agency shall: notify TXDPS Within ten (10) calendar
clays . ofanychange this Information:_ C�
Name:. � "a I 1 !�`�,��� v
Address: ��..JLJ
City, State, Zip: I I 1j.�'►` 1 It
Telephone: LJ J v
Fax:_
6mai1: t��► J. l ��� �� i �, a
Notices to the addresses shown above'shall be'deemed received: (i) when delivered in hand and;a receipt granted;
(ii) three (3) calendar days'after ivis deposited in the United States mail; or, (lii) when received if sent by confirmed
fax or confirmed email.
In WITNESS WHEREOF, the signatory for the, User Agency hereby represents and warrants that it has full and
complete authorityto sign tliis User Agreem;ent:on belialf of the User Agency.
USER AGENCY.
S.ignature:.
Printed Name: Kyle Hayes
Title: City IVia n.ag.e r
Date:
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TXDPS #GES20130416i440