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HomeMy WebLinkAboutRES 23-050RESOLUTION NO. 23-050 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 (MOU) between the City of Beaumont Police Department and the Houston High Intensity Drug Trafficking Area (HHIDTA), which is a public safety program, to outline sharing local license plate data. The MOU 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_Z,0014&�Lof the City of Beaumont this the 7th day of February, 2023. \lk.'T� - Mayor Robin Mouton - Memorandum of Understanding Houston High Intensity Drug Trafficking Area T. Mike McDaniel Director Houston High Intensity Drug Trafficking Area (HIDTA) Page 1 of 14 HHIDTA MOU updated 4/27/20 EXHIBIT "A" HOUSTON HIGH INTENSITY DRUG TRAFFICKING AREA MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter "MOU" or "Agreement") is made and entered into on this day of 2022 by and between the parties below and all future signers of this agreement, known collectively as "Member Agencies" or individually as a "Member Agency." WHEREAS, the Member Agencies provide Public Safety services within their jurisdictions; and WHEREAS, the Member Agencies have found it to be of mutual benefit to provide for the most efficient utilization of their resources and services in the application to Public Safety efforts within their jurisdictions; and WHEREAS, the Member Agencies are committed to complete cooperation and coordination in providing the highest level of public safety services to the public, guided by the principle that performing cooperatively is in the best interest of the public; and WHEREAS, the Member Agencies desire to facilitate the sharing of information contained within their electronic data systems, including but not limited to: Records Management Systems, Computer Aided Dispatch Systems, Automated License Plate Readers, Intelligence Management Systems, Jail Management Systems, and Law Enforcement Data Sharing Systems - which may include aggregated information collected from multiple individual or regional sources - into commercially available- and custom developed data integration systems; and WHEREAS, the Member Agencies desire to share data owned, aggregated; or collected by the Member Agencies under the conditions set forth in this MOU; The agencies are collectively known as the "Member Agencies": SEE ATTACHMENT "A" Page 2 of 14 HHIDTA MOU updated 4/27/20 Mission The Houston High Intensity Drug Trafficking Area (HHIDTA) is a multi jurisdictional public safety program that was established to reduce drug trafficking and production in die United States. The HHIDTA is managed under an Executive Board. The HHIDTA Executive Board is comprised of twenty area law enforcement leaders, :with half representing federal agencies, and the other half representing state/local agencies. Their direction and policies are administered on a daily basis by the HIDTA Director. The HHIDTA LPR Database was formed in support of this mission, under the leadership of the HHIDTA, its Executive Board, and regional stakeholders, to develop, establish, and maintain an integrated system of information technology that maximizes the sharing of data and communication be Member Agencies in support of law enforcement and public safety, while maintaining the confidentiality of privileged or otherwise protected information shared through die system, and protecting privacy and civil liberties in accordance with applicable law. Member Agencies agree to work together in a variety of ways to facilitate sharing data in an effort to promote and improve the data sharing capabilities of the respective Member Agencies and the HHIDTA LPR Database. Purpose This agreement outlines the duties and responsibilities of each Member Agency, defines the working relationships and lines of authority for Member Agencies within the HHIDTA LPR Database, and provides for the addition of other eligible entities in the data -sharing program created by this MOU. Therefore„the Member Agencies hereby agree to the followinE: 1) Definitions 1.1 The HHIDTA LPR Database Information Sharing System is a collective group of law and justice agencies sharing data into one or more data aggregation systems, of which are represented on this or other information sharing agreements. 1.2 Authorized Users: personnel from the Member Agencies that have the appropriate clearance and authority to use and access shared data as a function of their employment and who are criminal justice practitioners. 1.3 Data: electronic facts, records, analysis, images, or other information provided and shared by a Member Agency. 1.44 Data Set: a specific grouping, categorization, or subset of data included in a Member Agency system. For example, data sets in a law enforcement records Page 3 of 14 HHIDTA MOU updated 4/27/20 i management system may include crime reports, field investigations, citations, and calls for. service, or data from automated license plate readers. LS'Data Record: a unique individual record or document associated with an incident or person, which may include a variety of associated information. 1.6 Host: the entity providing the facilities; labor, and expertise used to maintain, operate, and manage a core component of the $HIDTA LPR Database, such as software which aggregates data from multiple sources or.provides unified access to disparate systems. 1.7 Member Agency; a law enforcement or public safety organization whose leadership has -signed this agreement and the agency actively participates in -information sharing with other Member Agencies. 1.8 Member Agency LPR Administrator: The Member Agency's. designee who is responsible_ for the management and oversight of the Member Agency's Authorized Users and Member Agency Data submitted to the HHIDTA LPR server. 2) Member Agency Rights, Powers and Authority Each Member Agency expressly retains all rights and powers to finance, plan, develop, construct, maintain, repair, manage, operate, and control equipment, facilities, properties, projects, and information that it deems in its sole discretion to be necessary or desirable for its own information system needs, and that are authorized by the laws governing it. This agreement shall not be interpreted, and the HHIDTA LPR Database shall not have any authority, to impair or control any of the Member Agency's respective rights, powers, or title to such equipment, facilities, properties, information, and projects,. nor shall any Member Agency be required to provide additional personnel, equipment, or services to the HIIIDTA, which are not already a part of the Member Agency's current operational costs, nor shall they be required to modify their non-HHIDTA LPR Database systems or services, without their consent. Nothing in this Agreement shall be construed to require a Member Agency:. 1) To disclose any information that the Member Agency -determines, in its sole discretion, it does not have the ability or authority to disclose; OR 2) To perform any act that the Member Agency determines, in its sole discretion, is contrary to law or public/agency policy. Member Agencies are not required to seek.approval from the HHIDTA to purchase, install; or modify their own LPR Database equipment, services, or work performed -in conjunction with any legislative mandate/authority granted to. or required of Member Agencies in order to carry out then respective responsibilities. Page 4 of 14 FIHIDTA-MOU updated 4/27/20 Furthermore, the HHIDTA has no power or authority to control, interfere with, or inhibit Meniber Agencies from conducting their own internal business and/or providing their own resources or services to other entities, which may or may. not be members of or served by the HHIDTA LPR Database. Participation in the HHIDTA LPR Database and any associated data interfaces or other customizations shall not prevent the Member Agency from operating systems independent of the HHIDTA LPR Database. Notwithstanding anything to the contrary herein, a Member Agency shall have no obligation to seek approval from the HHIDTA for any modification to that Member Agency's internal systems or processes that is mandated by the state in which the Member Agency is located, or by any law or regulation governing the affected member Agency. In gathering and sharing information, and in all other respects in performing acts related to this Agreement, the parties will comply with all applicable laws, rules, and regulations. 3) )affective Date and Term of MOU The effective date of this Agreement is the date noted above and/or the date each subsequent Member Agency executes this agreement. This agreement shall remain in effect and shall be reviewed every five years. The agreement can only be terminated as provided herein. 4) Data Sharing All Member Agencies agree to promote comprehensive, timely, and accurate data. sharing with other Member Agencies via the HHIDTA system. HHIDTA data shall only be shared with Member Agencies, and only to Authorized Users of those agencies who possess a "need to know" and "right to know" the shared data in fulfillment of assigned law enforcement or public safety duties. Member Agencies are not required to contribute data to the HHIDTA system. Any data shared by a Member Agency to the HHIDTA system that the Member Agency later declares should not be shared, shall be withdrawn by all Hosts fiom all HHIDTA data within 48 hours, including deletion of any replications of the data. Each Member Agency shall determine, within its sole discretion, which Data Records are to be shared with the IIIIIDTA system and shall maintain the databases: or other sources that contain the applicable information. Page 5 of 14 HHIDTA MOU updated 4/27/20 5) Data Access Data exchange and user access shall be achieved using secure networks, including encrypted virtual private networks, or other reasonably secure configurations that follow current best practices for information technology and are acceptable to both the Member Agency sharing data and the Host receiving data or providing user access. The information residing in the Data Repositories shall generally be available at all times. Member Agencies agree to inform other Member Agencies in advance, whenever possible, of scheduled down times of specific data feeds. All Member Agencies will be required to sign this MOU prior to gaining access. 6) Infortnation.Ownersltip, Release and Accuracy 6.1. Ownership and Release Constraints Member Agencies shall retain control of, and remain the official custodian of, all information they contribute to the HHIDTA LPR Database. All requests for information will be referred to the Member Agency that is the owner of the requested data, and that Member Agency will be responsible for responding to the request for information. 6.2 Information Accuracy Member Agencies and Authorized Users acknowledge that data maintained in the HHIDTA LPR Database consists of information that may or may not be accurate. Neither party warrants nor may rely upon the accuracy of such information. Each party understands and agrees to convey that fact to anyone they authorize to access shared information.- It shall be the responsibility of the person or entity requesting or using the data to confirm the accuracy of the information with the agency that authored or originated the information before taking any enforcement - related action. 6.3 Audit An Audit log will be maintained for a period of no less than twelve months to record user access to shared data, including the date and time when the data was accessed. Page 6 of 14 HHIDTA MOU.updaled4/27/20 6.4 Criminal Discovery Prior to releasing any data in furtherance of its statutory and constitutional obligations relating to the criminal discovery process, a member prosecuting agency shall seek, express permission from the originating agency. In order to aid in the release of data, it is recommended that each contributing agency designate a Criminal Discovery Coordinator or equivalent contact person to receive, evaluate and promptly reply to such requests. In any instance where an originating agency declines to grant such disclosure permission, the originating agency and the prosecuting agency shall confer to reach agreement on possible limitations on disclosure .(including the seeking of judicial protective orders) in an attempt to protect the originating agency's specific concerns while allowing the prosecuting agency to meet its statutory and constitutional criminal discovery obligations. 7) User Access Each Member Agency is responsible for management of user: accounts within that agency. Each agency agrees that all Authorized Users shall be current employees in good standing and be authorized to review criminal data for legitimate purposes. If for any reason a user is no longer eligible for such access, or ends his/her employment with the agency, the agency will make necessary contacts to ensure access is removed accordingly and.in a timely manner. Each user agrees that the HHIDTA LPR Database systems and the information contained therein are to be used solely for purposes consistent with the law. Authorized Users shall not use or share the information for any unethical, illegal, or criminal purpose. Authorized Users may not access any of the HHIDTA LPR Database by using a name or password that was assigned to another user. Passwords may not be shared with other persons, including other Authorized Users, for access to the system. The various Member Agencies agree to use information shared in the HHIDTA LPR Database information systems as a pointer system and not as the source of probable cause for law enforcement actions. 8) Security Requirements Member Agencies agree to maintain and enforce security requirements for the system. Each Member Agency is responsible for the internal security of their records and any technical support necessary to ensure proper security. All Member Agencies Page 7 of 14 HHIDTA Mou updated 4/27/20 and the HHIDTA agree to enforce and maintain security, retention, and purge requirements for the_ information shared as specified in the Information Practices Act, the Public Records Act, 28 Code of Federal Regulations (CFR) Part 23, and any .other laws or regulations governing applicable data types. 9) Member Agency LPR Administrator All agencies submitting data to the HHLPR server and/or querying the HHLPR server must have a LPR Administrator. The LPR Administrator will be the agency's "gatekeeper" to assure all LPR data and inquiries submitted to the HHLPR server complies with federal, state, and local law. Member Agencies agree to provide the HHIDTA LPR Program Administrator with up-to-date contact information for the LPR Administrator, and will designate an interim LPR Administrator during any personnel transition periods. Failure to have an active Member Agency LPR Administrator can result in tlfe loss of access to the HHIDTA LPR server. Duties of the Member Agency LPR Administrator include: • Adding new user accounts to the agency domain o Assuring User accounts are linked to official Member Agency email accounts • Assisting Authorized Users with password resets • Conducting monthly audits of the Authorized Users to assure user accounts and access levels are accurate and actively being used • Approving and auditing all agency Hotlists • Notifying the LPR Program Administrator whenever LPR cameras are added or removed from the HHIDTA LPR seiner • Assuring Authorized Users comply with.HHIDTA LPR training requirements In the event of any perceived non-compliance with this MOU and/or the HHIDTA Policies, Procedures and Privacy, the Member Agency LPR Administrator will serve as the POC to discuss any remedies required. ba order to protect the integrity of the HHIDTA LPR server system for all law enforcennent agencies participating in the program, HHIDTA reserves the right to disconnect individual fuser accounts andlor agency -access for violations of this MOU or the HHIDTA Policies. 10) Connecting with other data sources and analysis platforms HHIDTA will continually work to expand the connectivity of the HHIDTA LPR Database and will actively pursue opportunities to sign MOU agreements with new Page 8 of 14 HHIDTA MOU updated 4/27/20 public agencies and other information sharing systems under the guidelines outlined in this Agreement. HHIDTA will also seek to acquire new analysis systems, and enhance the capabilities of existing platforms, as to provide optimal value for data shared by HHIDTA LPR Database members. Member Agencies agree to grant authority to the HHIDTA for the sole purpose of executing information sharing agreements to join new member agencies or information sharing systems into the HHIDTA LPR Database, if approved by the legal counsel representing HHIDTA. Such agreements will not require further review or approval by Member Agencies. Such agreements shall have no material changes or provisions that would adversely affect or contradict the policies of this MOU. A steering committee comprised of HHIDTA leadership and regional stakeholders shall be formed to ensure future expansion of the HHIDTA LPR Database, data and membership, maturation of the HHIDTA LPR Database, analytic capabilities, and follows the desires and expectations of the HHIDTA LPR Database Member Agencies. 11) Admission and Withdrawal of Member Agencies Additional public agencies, or similar regional or statewide sharing systems, may become Member Agencies of the HHIDTA LPR Database upon such terms and conditions as are determined by HHIDTA, and by execution of a written amendment to this agreement by the proper authority of the new Member Agency. Existing and future Member Agencies -have the right to withdraw from the HHIDTA LPR Database MOU provided by written notice to HHIDTA, or maybe involuntarily removed upon any breach. of this agreement. 12) Liability and Indemnification Each Member Agency takes legal and financial responsibility for the actions of their employees, officers, agents, representatives and volunteers. Each agency shall bear the proportionate cost of any damage attributable to the fault of that.particular agency, its governing body, officers, agents, employees and volunteers. 'It is the intention of the Member Agencies that, where fault is determined to have been contributory, principles of comparative fault will be followed. Any contract with a non-member public agency receiving services pursuant to this agreement shall include a mutual indemnification provision. The contract shall also provide: 1) That the indemnity obligation shall exist with respect to any claim, loss,. liability, damage, lawsuit, cost, or expense that arises out of, or is in any way related to, the performance of services pursuant to the contract; and Page 9 of 14 HHIDTA MOU updated 4127/20 2) The obligation of the non -Member Agency and the HHIDTA LPR database pursuant to the indemnification provision will extend, without limitation, to an injury, death, loss, or damage which occurs in the performance of the contract and that is sustained by any third party, any agent, or contractor of the non=Member Agency or the HHIDTA LPR Database. 13) Signatories Not Agents Parties to this Agreement shall have no authority, either express or implied, to act on behalf of any signatory in any capacity whatsoever, as an agent. The Member Agency parties shall have no authority, express or implied, pursuant to this Agreement, to bind each other to any obligation whatsoever. 14) Assignment Prohibited Parties to this Agreement may not assign any rights or obligations pursuant to this Agreement. Any attempted or purported assignment of any rights or obligations pursuant to this Agreement shall be void and of no legal effect whatsoever. When a person with access is no longer employed or otherwise no longer eligible for access, the Meniber Agency is responsible for removing all related passwords and security authorizations from the system. No person shall release any information contained in the HHIDTA LPR Database either by Court Order or in response to a Public Records Act request, unless they are the originating agency or official custodian of such data. 15) Costs Unless separate agreements, are made, each party shall be responsible for their own costs associated with establishing, maintaining, or terminating their access to, or participation with, the. HHIDTA LPR Database. Nothing in this agreement shall be construed to mean that Member Agency parties are subject to incurring new costs. Any applicable user licenses, renewal fees, maintenance costs, or similar outlays must be determined in a separate contract or agreement to be added as an addendum to this Agreement. 16) Data Collection, Retention, and Dissemination 16,1 The LPR data collected by the various Member Agencies participating in .the HHIDTA LPR program will be transmitted to the HHIDTA Operations Center via a Page 10 of 14 HHIDTA MOU updated 4/27/20 fiber optic line or through an encrypted Virtual Private Network (VPN). The data will be maintained on the Operation Center server independent of any other law enforcement databases housed at the HHIDTA Operations Center. 16.2 All LPR system data provided to HHIDTA will be stored on the Operations Center seiner for a period mandated by the Member Agency's state law. If the Member Agency's state law does not specify a retaintnent period, all LPR system data provided to HHIDTA will be stored on the Operations Center server for a period not to exceed two years. After the two-year period, the data will be purged unless it has become, or it is reasonable to believe that it will become, evidence, including evidence that tends to inculpate or exculpate a suspect, in a specific criminal or other law enforcement investigation or action. Should data be determined to have evidentiary value, the following paragraph applies: In 'those circumstances whe/r data is identified as having evidentia/y value, the LPR Progra/n. Administrator, or designee, Twill review the facts of the specific case and determine if the data should be saved. If the LPR Program Administrator deternsines it is reasonable to believe the data has evidential y valve, the Program Administrator will authorize the transfer of the applicable data f torn the LPR Program sewer to a form of digital storage media (CD, DVD, etc) or other portable storage devices. 16.3 Agencies requiring data to be retained by HHIDTA beyond the established retention period may make a formal request to the HHIDTA .to extend retention. Each request must specify the need for extended retention, the circumstances surrounding the request, the requesting agency's case number, and a specific point of contact within the requesting agency. HHIDTA reserves the right to grant or deny agency requests based on the information provided. 16A The following methods shall be used when disseminating LPR information: The "need to know" and "right to know", as defined in the HHIDTA Privacy Protection Policy of a potential recipient must be verified and documented prior to dissemination of LPR information. 16.5 Requests for Service (RFS) for.License Plate Reader data will be processed in accordance with the HHIDTA Standard Operating Procedures for Processing Requests for Information and Requests for Service Guidelines. 16.6 A Law Enforcement Agency's request to query the LPR data shall be processed provided the agency has a legitimate law enforcement purpose. Mandatory requirements are in place in order to satisfactorily justify the request. These requirements include the purpose of the request, the agency's incident or report number (physical record number), the requestor's name, the requestor's agency -and requestor's contact information. Page 11 of 14 HHIDTA MOU updated 4/27/20 16.7 The primary method of dissemination shall be via email; in an electronic format that employs a reasonable level of security to guard against alteration, or fax. 16.8 If access to secure email accounts is not practical, the information may be provided to. the requestor via digital storage media or paper copy, as determined by HHIDTA staff. 16.9 Reports and other investigative information received and disseminated by HHIDTA shall be retained within internal electronic HHIDTA files. After disseminating LPR information deemed to have evidentiary value, the completed report containing the data will be entered into a searchable database for future exploitation and auditing purposes in accordance with the HHIDTA Privacy Protection Policy. 17) Miscellaneous 17.1 Amendments This Agreement may be amended with the unanimous approval of all Member Agencies; provided, however, that no amendment may be made that would adversely affect the interests of the owners of bonds, letters of credit, or other financial obligations of the HHIDTA. 17.2 Notices Any notice or instrument required to be given or; delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the Member Agencies, shall be deemed to have been received by the Member Agency to whom the same is addressed at the expiration of five (5) days after deposit of the same in the United States Post Office for transmission by registered or certified mail as .aforesaid. 17.3 Conflicts of Interest No official, officer, or employee of the HHIDTA or any Member Agency shall have any financial interest, direct or indirect, in the HHIDTA LPR Database. Nor shall any such officer or employee participate in any decision that affects his or her financial interests or those of a corporation, partnership, or association in which he or she is directly or indirectly interested, in violation of any State law . or regulation. Page 12 of 14 HHIDTA MOU updated 4/27/20 17.4 Mediation Any -controversy or claim between any Member Agencies, or between any such Member Agency or Member Agencies and -the HHIDTA, with respect to the HHIDTA LPR Database's operations, or to any claims, disputes, demands, differences, controversies, or misunderstandings arising under, out of, or in relation to this Agreement, shall be submitted to and determined by mediation. The Member Agency desiring to initiate mediation shall give notice of its intention to every other Member Agency and HHIDTA. Such notice shall designate such -other Member Agencies as the initiating Member Agency intends to have bound by any award made therein. Each Member Agency involved in the mediation shall bear its own legal costs, including attorney fees. 17.5 Partial Invaliditv If any one or more of the terms, provisions, sections, promises, covenants, or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, or void for any reason whatsoever by a court of.competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, .covenants and conditions of this agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent _permitted by law. 17.6 Successors This Agreement shall be binding upon and shall inure to the benefit of the successors of the Member Agencies hereto. 17.7 Execution The Governing Authorities of the Member Agencies enumerated herein have each authorized execution of this agreement, as evidenced by the authorized signatures below. 17.8 Entire Agreement This agreement supersedes any and all other agreements, whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and eacli party to this Agreement acknowledges that no representations, Page 13 of 14 HHIDTA MOU updated 4/27/20 inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and. that any other agreement or modification of this agreement shall be effective only if executed in writing and signed by all current Member Agencies. The parties Hereto execute this MOU as of the Effective Date: (Agency Naine, State) *** (JURISDICTION) *** (Name) (Title) (Department/Agency) Date F. Mike McDaniel Date Director Houston HIDTA Page 14 of 14 HriIDTA MOU updated 4/27/20 emorandum of Understanding Hili"h Intensi'ty Dru raft7ickl*ng Area tn 9 F. Mike McDaniel. Dlirectol- Houston High Intensity Drq Traffild(ing.At ea (HIDTA) 9 Page I of '14 lit-HUFA �MOU uj3datied 4/27120, HOUSTON HIGH INTENSITY DRUG TRAFFICICING AREA MEMORANDUM Or UNDERSTANDING This Memorandum of Understanding (hereinafter "MOU" or "Agreement") is made and entered into on this 2 day of 2023 by and between the parties below and all future signers of this agreement, kn wn collectively as "Member Agencies" or individually as a "Member- Agency." WHEREAS, the Member Agencies provide Public Safety services within their jurisdictions; and WHEREAS, the Member Agencies have found it to be of mutual benefit to provide for the most efficient utilization of their resources and services in the application to Public Safety efforts within their jurisdictions; and WHEREAS, the Member Agencies are committed to complete cooperation and coordination in providing the highest level of public safety services to the public, guided by the principle that performing cooperatively is in the best interest of the public; and WHEREAS, the Member Agencies desire to facilitate the sharing of information contained within their electronic data systems, including but not limited to: Records Management Systems, Computer Aided Dispatch Systems, Automated License Plate Readers, Intelligence Management Systems, Jail Management Systems, and Law Enforcement Data Sharing Systems - which may include aggregated information collected from multiple individual or regional sources -- into commercially available and custom developed data integration systems; and WHEREAS, the Member Agencies desire to share data owned, aggregated, or collected by the Member Agencies under the conditions set forth in this MOU; The agencies are collectively known as the "Member Agencies": SEE ATTACHMENT "A" Page 2 of 14 HHIDTA MOU undated 4/27/20 The flouston ffigh Intensity Drug 11"raffickingArea, ('HHIDTA,) is a inu It jurtsdictional public safety program that was establ.ished. to reduce drug trafficking, and production in the United, States., "rhe IJHIDTA is managed under an, Executive Board., 'I"he 1111IDTA Executive Board is comprised of twenty area law enforcement leaders, wi I th liaii 117epresenting federal agencies, and, the other, half re'present�tng state/local agencies. Their direction and policies are administered on a daily basis by the IJIDTA Director. The H.HID,TA LTAR Database was fmiicd in support oft'his mission, under the leadership of the HHIDTA.,, its, Executive Bo,a.il-d,'atid.i-egi,o,iia.],. stakeholders, to develop, establish, ,and maintain an integrated systen-i of information technollogy diat maximizes the sharing, of data and coininuilication between Membei- Agencies in support of law enforcenient and public safety, while matntaintng the eonfidentiality of privileged or otherwise protected in.forniation shared through the system, and Protecting privacy and cIviI in acco�rdance with applicable law. Meniber Agencies agree to work. together in a variety of waysto facilitate sharing data in an effort to Promote and improve the data sharing capabilities of the respective Member Agencies andthe YIIIIDTA. LPR Database. Eur s,e #­ 1 -1 his agreement outlines the, duties and respollsibilities of eac"li, Member Agency, defines Ike working relatlionsh�tps and Inies, of authority for Member Agencies within the HHIDTA LPR Database, and, provWes, for the addition of other eligible entities 'in the data- sSarin g.prograin created by this MOU. 11 Therefore, the Meniber Agencies hereby agt*ee to, the follow,* 1.) Deflnitions 1. 1 The III IDTA LPR. Database Information Sharing Systein is a coIlea ive group of 6 law and Justice agencies sharing data into one oi.q more data aggregation systenis, of which are represented on this or other, information sharing agreements. 0 1.2 Auth(,)rized Users: personnel from the Member Agencies that have the appropriate clearance and authoritly to use and access, shared data as function of th,eir employment and who are cruninal justice practitioners,,., 1.3, Data, electronic facts, records, analysis, images, or other information provided and shared by a MeniberAge.ncy. 1.4 Data Set-.,, a specific grouping, categoiizatw,ti, or subset of data clod in a Member, Agency system. For example, data sets in a law enforcement records Page 3 of 14 1­1111DTA MOU updated 4/27/20 m.anagement, system may include ci-inle repolls, field investigations, citatiollsl,, and calls for service) or data from. automated license plate readers. 1.5 Data Record: a unique individual record. or docutn,ent, associated with an incident or person,, which may include, a variety of asso6ated information. 1.6 Host: the entity providing the firicifi.ties, labor, and experfise used to man.ifaiiji, operate, and manage a core comp�one nt of the IIHIDTA LP,R Database, such as software which, aggregates data, from, multiple sources or provides unified access to disparate systenis, 1.7 Meniber Agency: a law enforcement or public safety, organization, whose leadership has, sil"giied, this agreement and, the agency actively participates, in information sharing witl.I. other Member Agencies. LS MeniberAgency LPR Adnilenistr.to r The Member Agency's designee who is responsible for the nlaiiageni.ent aild oversight of the Member Agency's Auttiorized Users, and Member Agency Data submitted to the HH'IDTA LP,R server. 2) Menibei.- Agency Rights, Powers and Auth Each Member Agency expressly retains, all rights and powers to finaLice, plan, -o1equipment, devetop, construct, maintalil, repair, manage,, operate, and conti 'I * r% � -mation that it deems, ' ' c,retion to, be facilities, prop erti, es, projects, and ID101 1, in its sole dig necessary or desirable for its, own inforniation system. needs, and that are, authorized, by the laws govern , Ing it. This agreed lent shall not be interpreted, and the HHIDTA LPR Database shall not have any authority, to impair or control any ofthe Member Agency's respective rights, powers,, or title, to such equipn^ient, facilities., propertICS,, Mformatioll, and. projects, nor stiall any Member Agency be required to provide additional personnel, equipmellt, 0117 services to the I-IITDTA, which are not already a part of the Member Agency's current operational costs, nor shall. tlicy be reqwred to modify their non-HHIDTA. LP R Database systems or services,, without their consent. Nothing in this Agreement shall be construed to require a, Member Agency: 1) To disclose ally hiformation that the Member Agency determines, in its sole 14. discretihav on it does not e the abi - tity or authority to disclose; OR, 2) To perform any act thatthe Member Agency determines, in its sole discretion, is, contrary to law or pubfic/agency policy. Member Agencies are not required to seek approval fi-om. the HIJID"FA to purchase, install, or modify their own, LPR, Database equipnient, services, or worrfoniied in conjunction with any legislative mandate/authoritly granted to, oi, -.t' -equired of Member Agencies 141 order to carry out their respective responsibilifiles. Page 14 of 1. 4 1111ID'I'A MOU updated 4/27/20 Furthermore, the HI-IIDTA has, no power or authority to control, interfere with, or, liri'lil"bit Men-iber Agencies froin conducting their own, internal business and/or providing their own resources or services, to other entities, wInch may or may not be members of or servedby the I,IHIDTA LPR Database. Participation in the 1:11-11DTA LPR Database and any associated, data interfaces or other customizations, snail not Prevent flie Member Agency fi-om operating, systetiii,,,s indepen&nt, of the 11HIDTA LPG Database. Notwithstanding anythiiigto the contraryberein, a, Member Agiency sliall, have no obligaU,ion to seek. a, Pproval from the HBIDTA r any modification to that Member Agelicy's internal systems or processesthat is mandateld by the, state in which the Member Agency is, located) or by any law or regulation governing the affd,cte,d member Agency. In gathering and sharing information, and lin all other respects In performing acts related to this Agreement, the par ins, will comply with all applicable laws, rules,:and regulations. 3) Effective Date and 1"et-in of MOST The, effectIve date, of this Agreenit'iA is, the, date noted above and/or t1le date ea subsequent MeniberAgency executes this, agreement. This agreement shall remain in effect and shall be reviewed every five years. The agreement can. only' be terminated 4 as provided herein. 41 4) Data Shai-In All Member Agencies agree to promote cone prehensive,, timely, and accurate data, sharing with other Member Agencies via the HHIDT'A system. HHIA data shall only be shared, with Member Agencies, and only to Authorized Users of those I in agencles, who possess a "need to know" and "'right to know the shared data fulfillment of assigned law enforcement or public, safety duties. Member Agencies are not required to contribute data to, the HHIDTA systeili.. -9 1 Any data share(i , oy a Member Agency to the HEIDTA systein that the Member Agency later declares should not be shared, shall be withdrawn by all. Hosts, from all HFIIDTA data withiti. 48 hoii 's n", cludl' deletion, of any replication,s of the data., Each Member Agency shall deter,.il,nii.�e,,,w�i..i.ts sole discretion, which Data Records are, to be, shared with the I-IIIDTA systein, and shall iiiaintain the databases or her sources that contain the applicable information. Page 5 of 14 11111,U]"A MOU'updated 4/27/20 5) Data Access Data exchange and user access -shall be achieved using secure iietwot-k's 5 iticlu'ding encrypted virtual private networks, or other i:easoally secure configurations that follow current best practices for information technology and, are acceptable to both the Meiliber.Agern c� Y sharing data and the Host rr p ecei.ving data orsn og user access, The inforniatilon, resid,ingin, the Data Repositories shall generally be available at all tfnies, Member Agencies agree to inform other.M ember Agencies in advance, whenever, possible, of scheduled down times of speelf."ic data feeds. All Harm err Agencies will be required to sign this MOU'prior to gaining access. 6) Inforniattoli, Own,el-Slip Release and Accul-acy 6.1 Owne�rship and, Release Constraints Member Agencies shall retain control of, and remain the official custodian of, all information they, conti-ibute, to the HHIDIIA LP,R Database. All requests for inforniation will be referred to the Member Ageticy that is the owner, of the requested data,, and that Member Agency will 'be rye spoil,si.ble for responding to the request for informat�ton. 6.2 Information Nectirac, Member Agencies and Authorized Users acknowledge that data, maintained in the I-MID"I"A LPR Database, con&ists ofinfornlati.oii. that may or may not be accurate. Neither party warrants nor may rely upon the accuracy of'stich information. Each party undel'statids, and agrees to convey that fiact to, anyone, they authorize to access shared information, It shall be the respo,ns,ibility of'the, person or entity requesttng or using tine data to confiilii the accuracy of the information wifil tlie, agency that autholred or originated the in form atioii,, beffire taking any enfw,*iii,ent- .related actioll. 6.3 Audit An Audit log will be maintained for a period of no less than twelve n-lonths to � 1 e data was recoruse d r i c acess to sliared, data, ncluding the date and t1i"ne wli,en th accessed. Page, 6 of 14 HHIUrA MOU upd(ated 4/27/20 6A Crihninal Discov Prior to releasing at data in furtherance of its statutory and constifutiotlat IY obligations relafin g, to tine criminal discovery process, a member prosecuting agency sliall seek express, perm�issi.on from. the originating agency. in order to aid q in the release of data, it is recommended that each contributing agency designate a 4 Criminal Discovery Coordinator or eqUIvalent contact personto receve, evaluate and promptly reply to such requests. In any itistance where an originating agency declill,es togrant such, disclosure permission, the originating agency and the prosecuting agency shall confer to reacli agreement on possiblelimitations, on dis,closui,,e (Including the seeking of udicial protective, orders) in an atteni t to protect the originagen ating cy's, P fi,c ing agelICY to meet ittatuto s sry and speci conceriis, while allowing the prosec,ut* constitutional criminal discovery, obIlgattons. 7) User Access Each Member Agency is responsible for management off" user accounts within that agency. Each agency agrees that all -Authorized Users shall be current employees in . 1. good standing and be authorized to review criminal data for legilltimate purposes. IT for any reason a user is no longer eligible for such access,, or ends his/her employment with the agency, the agency will make necessary contacts to, ensure access is r1einoved accordingly and in a timely manner., Each user agrees, that the HHIDTA LP Database cyst inns and the infw-'Matioll' contained, therein are to be used solely for purposes consistent, witli the law. Authorized Users shall not use or share, the, inf6rmat 'Ion for any unethlical, illegal, or criminal purpose. Authorized, Users may not access any of'the HHIDTA LPR Database by u&tng a naint, or password that was assigned to another user. Passwords may not be shared with other persons, including other Authorized Users, for access tothe system,. The'varlous Member Agencies agree to use itiforni,at ion shared, 'in the 1111IDTA APR Database information systems as a pointer system and not as the source of probable cause for law, enforcement actions. 8) Secur t egui"rements ents for the Me.ti,iber AgeDC.tes agree to niaintaill, and enl"blice security requirem system. Each Member Agency is responsible for the internal security of their records and any technical, support -,necessary to ensure proper security. All Member Agencies, Page 7 off' .14 1,11-11D"I'A MOU upda(ed 4/27/20 andthe HT agreorceandmaincu ty, reuge requiriifs for the information shared as, specified in the In*nano Practices, Act,, the Pubtle Records Act, 28 Code of Federal Regulations (CFR), Pa�rt 23, a�lid any other laws oi, regulations, governing applicable data types. 9), Menibet- Agency LPR Adnunistr&ator I, ,All, agencles, submitting data, to the IIHLPR server and/or querying the, HHLPR server must have a LPR Administrator. The LPR Adnitnistr,tor will be, tie agenc� 's f(. Y gatekeeper" to assure, all, LPR data and inquiries subiniitted. to the HHLPR server complies, with. federal, state, and local law. Member Agencies agree to provide the IIIIII)TA, PR Program. Administrator with up-to-date contact Hifbrniati,on, for the LPR Administrator, and will designate an a 41 4 1 , nterim LPR Administrator, during any personnel, transili,on. piei,-iiods. ficilhn-e tio havie a71actiVe Meni.ber Agee cV I.PI?'Atli,;,iiiii-Slidciloid cai7 )-esuft ill the loss of access to the HHIDTA LPR set-iler. Duties of the Member, Agency LPR Admriiiinc,tude: stratoi. o Adding new user accounts, to the agency doniain o Assuring Usei," accounts are. lip: kcd to official Member Agency email ,accounts • Assisting Authorized Users with, password resets • Conducting monthly audIts of the Authorized Users to assure user accounts and access levels, are accurate and actively being used Approving and auditing all agency Hotli,sts, • Noti fying' the LPR Prograni Administrator whenever LPR, catneras are added or removed from. t1i.e. HHIDTA L,PR server • Assuring Authorized Users cnply with HHIDT'A LPR training requirements, In the, event of any perceived non-comphanice, wi , th, this MOU and/or the HIJIDTA Policies,, Procedures and Privacy,, the Member Agency LPR Aidininistrat or will serve as the PIOC to, discuss any remedies, required, Iti oiWer to protect the integrity o h ., f t e c 4, ng hi the HHID7A LPR sierilerW aw , sjweinfoi- (letiforcen'tent agetici.es parlt ip a fii pi-ogran], 1-11-JIDTA resej-i�es the r,ig/it to discoiniect 11ticlivichial tiser accoutits andlor, ei,gencji aecessjbr; vlolatiwis of this MO U or, the 1-11-IID TA PoIlcies. IN 10), Connectil,ig with other data our yes and analysls - Platfoj,"Ins H.HI.DTA will continually work to expand the connectivity of the HHID"I"A. LPR 4 Database and, will,, actively pursue opportunfties to, sign MOU agreements with. new PaLy,e 8, of' 14 14 H I UrA M OU upd a ted 4 /2 7/2 0 public agencies and other inforniation sharing systenis, unaer the guidelines outlined in will, also seek to acquire new analysis systems, and enhance the capabilities of exis,t,in,g,1)1,,atfoi*is', als, to provide optimal value for data shared, by I.J.H11)".17A LPR Database mcnibers. Member Agencies agree to grant authority to the 111,11DTA, for the sole purpose of executing Inforinatioii sharing agreements to join. tiew �memb�er agenews, or information. shari,.�iig sys,tems 'into the HHIDTA LPR Database, if approved by the, legal counsel representing 1-111ID"I"A. Sucli agreements will not require ftirther review or, approval by Member Agen.el"Ics., Such agreements shall have no tnaterial changes or pro�visions that would adversely affect or contradict the Policies of this MOU. A steering comiiiittee comprised, of HHIDTA. leadership and regional stakeholders, shall be formed to ensure, ftItLIre expansion of the IJHIDTA LPR Database, data and membership,I maturation of the 1111111)'T'A LP R Database, analytic capabilities, and, �follows the, desires and expectations ofthe HIUDTA ITT Database Member Agencies. 1 0 4, 1) Adtni'sswn and Withdi-awal of Meinber Agencies Additional public agencies, or sitm-lar regional. or statewide sharing systenls,, may become Member, Agencies of the HHIDTA LPR, Database upon, sucl'i, ternl.s, and conditions as are, determined by HHIDT"A, and by execution ofa written amendment to this, agreement by the proper authority of the new Member Agen.cy. Existing and future MemberAgee cies have the right to it .draw from the HHI LIAR Database MOU provided. by written notice to HHIDTA, or may be Involuntarily ,removed upon any breach ofthis, agreement. 12) Liability and Indeninificatioll Each Member Agency takes legal, and financial. responsibility for the actions of their I I employees, officers, agents, representatives and volunteers. Each agency shall bear the proportionate cost of any damage attributable to the Eault of that particular agency, its governing body, officers, agents, eniployees and, volunteers. Itil"S the intention of the Member Agencies that, where fault is determined to have been contributory, pr I , nciples of comparative fault will be followed., i Any contract with aiion-ni, ember pubfic, agency receivng services pursuant to this agreement sliall include a mutual Indeninificatin Provision. The, contract shall. also provide, ,1) That the in&j"Unity obligation shall exist with respect to any clal-ni, lass, liability, dainage, lawsuit, cost, ot expense that arises out of or is in any way related to the perfortillatice of services pursuant to the contract5 m and 3 Page 9 of 14 1,11-11DIMOU updated, 4/27/20 2) The, obligation of the non -Member, Agency and the HIJIDTA L,PR, database pursua,iA to the Indenitufication,, piovision will extend, without limitation, to an injulry� death, loss, or damage which occurs. in the perfornianCe, of the contt act and A, tliatis sustained, by any third, party,any agent, or contractor of the non-M.ember Agency or the HF[IDTA LPR Database. 13) Signatoties Not Agents Parties to this Agreement all have no authority,, either exress or inipliled, to, act on. 4 behalf of any signatory in any capacity whatsoeveras an agent,. The Member, Agency parties shall have no, authority, express or 'implied, Pursuant to this Agreenient,, to bind each, other to a�ny obligation, whatsoever., 14) Assi*gii.iii,ent-Pi-oIt'ib'l",ted Parties to this Agreen-ient may not assign any riggations pursuant to this Agieeinent., Any attempted or purported assignment any rights or obfigations purs,tiant to this Agreenieit shall, be vold and, of no legal effect whatsoever. 'When a Person with, access is no longer employed, or other -wise, no longer eligible for access,, the Member Agency is responsible for removing all related passwords and, security authorizations from the system. No person shall release any information, contained iii, the, I-IHIDTA LPR Dutabase either by Court Order or in response to a Public Records Act request, uIlless they are the originating agency or ofal, custodian of such, data,. Unless separate agreenients are, ni,ade, each party shall be responsible for their own costs associated, with, establishing, maintaining, or terminafing their access to,,, or, participation with, the HHIDTA LPR Database. Nothing in this agreenient shall be construed to neet Meniber Agency parties are subject to incurring new costs. Any applicable use licenses, renewal fees, maintenance costs, or similar outlays must be determined in a separate contract or agreement to, be added as an addenduni to this Agreen-icnt. 16) Data Coe i x sail iNsennnation 16.1 The LPR, data collected"by the various Member Agencies participating in the HHIDTA LIAR program will be transmitted to, the, HHIDTA Opleratloj, Center via, a Page 10 of 14 [11111371"A MOB! updated 4/27/20 fiber optic .ire or thi.-ough an encrypted Virtual Private Network (VP The data w.111 be, maintained on the Operation Center sei,-ver indep,endent of any other law enforcement databases, housed at the, HHIA Operations Center. 16,.2 All LPR system data provided to HHIDTA will be stored on the Operations Center server for a period mandated by the Member Agency's state law. fIf the Meniber Agency" s state law does not specify aretainnient period, all LPR system data provided to HHIDTA will be stored, on the Operations Center server for a period not to exceed, two years. After the two-year period, the data wi 11, be purged, unless it has become, or it is reasonable to believe, that, it will become, evidence, including evidence, that tends, to inculpate or exculpate a suspect, ire specific crInunal oil' other law enforcenient investigation or action. Should data be determined to have evidentiary value, thef6flowing paragraph applies: Iti those ch-cupistances ii,)heti clata i's identifiedas hai)ingeill(16itiaiy value, the LPJ? Progran-t Achnn,,nsh-atoff, oi- elesigiiee, vi�,111 i-en)levv thefacts, oj"thespecific case wid cleternnne if the clata should be save(l. f the, LPR,Pi-ogi-ai)i,Aeli,�ti-(ito,i- cleternn.lies it is reasonable to believe the (lata has evidetiliag wilue, the, Prograni- A(hi,dnistrt-ltor ivifl authoilze the fransftir of the applicable (Iataftwn the,LPI? Prograin server t,o a fior' , gitalstorage nie(fia (CD,,DVD,, etc.) or otherpartable storage clevices. 1.6.3 Agencies requiring, datato be retained, by HHIDTA beyond the established retention period, may, juake aformal request to the HHIDTA to extend reteiA10D,. Each request inn specify the need, for extended retentionthe ctreumsfances surrounding the request, the requesting agency's, case number,, and a specific point of contact within the requesting agency. IJHID'FA reserves the right to, grant or deny agency requests based on the information provided. 16.4 The followmg methods shall be. used when dissenunafitig LPR Inforillation: The "'need to laiow" and "right to know", as defined in the HHIDTA Privacy Protection, Policy of a potential recipient must be verified and docuni,,ented prior to dissemination ofLPRinfortilati.011. 1,16.5 Requests 1-"*o,r Service, (RFS)� �for License Plate Reader data will, be processed 'in accordance danwith the HHIDTA Standard Operatting Procedures for Processing Requests for In,forniation and Requests for Service Guidelines. 16.,6 A Law Enforcenient Agency's request to query the LPR data sliall, be pi-ocessed provided thie agency has a legitimate law enforcement purpose. Maiidatory require nients are in place in or,der to satisfactorily justify the request. These requi.retuents include the purpose of the request, the, agency's "Incident or report number (physical record tiuniber), the reqlast or's narne, the requestor's agency and requestor's contact information. Page 1, 1 off" '14 HIJIDTA MO U updated 4/27/20 The priinary method of disseniinatIon sliall be via email 1, in any. electronle format that employs, a reasonable level of security to guard agailist alt eration, or fiax. 16.8 If accessto secure eniall, accountsis not practical, the informati,on. may be p rovil,ed, *d to the, requestor I via digital storage iilia or paper copy, as deteriiiined by H.HIDTA staff. 16.9 Reports and o�tl,ier investigative information received and dissem.11riated by HHID'FA. sliall. be retained within intei' - nal el,ectrojiie.HHJDT A files. After d�isscminating LPR inforti,,iation .de enied to have evidentiary value, the completed report containing the data will be entered into a searchable database for future 6 exploitation and auditing purposes in accordance with the HHIDTA Privacy PIrotection Poticy. 1, 7) Miscellaneous 17.1 Aniendnnts This Agreement may be amended with the utianimous approval of all Menibel, Agencies-; provided however that.110 aniendmen't may be, made, that would adversely affect thc, interests, of the owners of bonds, letters, of credit, or oth,,er financial obligations of the HHIDTA.. 1 7.2 Notices Any notice is instrument requi*red to be given or delivered by depositing the sanie in any United States Post Officeregistered r certified, postageprepaid , addressed, to the Member Agencies, all be deemed, to have been received by the Member Agency to whom, the sanie, is addressed at the expiratioti of five (5) days after deposit of the sanie in the United States Post Office, for transmission by registered or certified mail, as, aforesaid,. 17.3 Conflicts ofInterest No official, officei:, or e1iiployee of the HHI or any Metn.ber Agency shall have any financial interest, direct or indii-ect, iii the HHIDTA LPR Database. Nor shall any sucli officer or employee participate in any decision that affects his or her finaticial interests or those of a cor lip, or porabon, partnersl association at"on m I A"' which lie or she is directly or indirectlyinterested in, vioiation, of any State law or regulation. Page 12 of 14 FLIJIDTA Mupdated 4/27/20 17.4.Mediatioli I I Any controversy wl- in.. DCtWCC11any Menib Agencies, or between any, such Meni,ber Agency or Member Agencles and the 1111IDTA, with respect to the HHIDTA LPR Database's operations, or to any claini.s, disputes, deniands, differences controversies or in'sunderstandin isin"g w in gs a r. ider, out of, or relation to this AgreenlCnt, shall be submitted to and determined by idle diation., The MenaberAgency desilring, to initiaedia o all give notice of its intention to, every other Menibeir,Ageney and I-IIIII)TA.. Such notice sliall designate such other Member Agencies as the initiating Meinber Agency intends to have bound by any award made therein'. Each Member Agency i I nvolved-in the mediation shall base its own legal costs, including attomey fees. 17.5 Par,tial ItivalIfflty If any one or niore of the ternis, provisions, sections, proinises, covenants, or conditions, of this, Agreement shall to any extent, be adjudged invalid, unenforceable, or vold for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants and conditions of this agreement shall not be affected thereby and shall be valid, and enforceable to the fullest extent pe.miitted by law. 17'.6 Successors 'This Agreement s,loll be binding upon, and sliall inure to the benefit of the successors of flic Member Agencies, hereto. 17.7 'Execution I J, * The over Auof the Member,Agencies enumerated herein have each authorized execution of this agreement, as evidenced by the authorized signatures below. 17-8 Entire Agreetnent This agreenient supersedes any and all her agreements, whether oral or written,, between the Parties hereto with respect to the s,ubjec,t matter Ilereof and contains all ofthe covenants and agreements betweeti the parties with respect to, said matter,, and each party to this Agreement acluiowledges that no representations., Page 13 of 14, 1111-11,I)TM�OU Updated 4/2,7/20 inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement or modification of this agreement shall be effective only if executed in writing and signed by all current Member Agencies. e parties 1i • to execute this I11I U as i mmn iw,wwm�xnmmww�wm mmrwuwv �WW✓�a4u��MfR�IHNNMRXRp111HMW4YWYAmmnmm�mm�mmmammu (Agee Name, State) *** (JURISDICTION) (Name) � � Ze �i �►� (Title), (Departm.e.!nt)fAgency) m , . rrrxrRmrrSw�rrr�» �.� Mike McDaniel D i rector Houston HIDTA e Effective Bate: k4q s Date Date Page 14 of 14 1 M iDTA MOU updated 4/27/20