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HomeMy WebLinkAboutContract 54412 CSC No. 54412 TEXAS DEPARTMENT OF PUBLIC SAFETY CRIME RECORDS SERVICES LICENSE PLATE READER(LPR)USER AGREEMENT 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 criminal justice or law enforcement agency. USER AGENCY: City of F o 1 ` Worth ADDRESS: 200 Texas St. , Fort Worth, TX 76102 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(CJIS)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. OFFICIAL RECORD Page 1 of 3 CITY SECRETARY TXDPS#LES201304161440 FT.WORTH, TX 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. 5. 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:TCIC Control Room P.O.Box 4143 Austin,Texas 78765-4134 Email: TCIC.Operations@dps.texas.gov Page 2 of 3 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 (10) calendar days of any change in this information: Name: Corey Autrey Address: 505 W. Felix Steet City,State,Zip: Fort Worth, TX 76115 Telephone: 817-392-1781 Fax: N/A Email: corey.autrey a► fortworthtexas.gov 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(iii)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:jesus J.Chepe(Sep 2,2020 08:17 CDT) Printed Name: Jesus J. Chapa Title: Deputy City Manager Date: Sep 2,2020 p44440n4 Op 000'� 00 Signature: quo ox0. n Printed Name: Mary Kayser °o �a� EXASop Title: City Secretary Date:Sep 3,2020 OFFICIAL RECORD Page 3 of 3 CITY SECRETARY TXDPS#LES201304161440 FT.WORTH, TX LPR Contributing Agreement Final 8. 17.20 Interim Agreement Report 2020-09-03 Created: 2020-08-27 By: Tracy Long(Tracy.Long@fortworthtexas.gov) Status: Out for Filling Transaction ID: CBJCHBCAABAAxZww48rldEY7RVYgpLxm4WXtoGomMAB7 Agreement History Agreement history is the list of the events that have impacted the status of the agreement prior to the final signature.A final audit report will be generated when the agreement is complete. "LPR Contributing Agreement Final 8. 17.20" History Document created by Tracy Long (Tracy.Long@fortworthtexas.gov) 2020-08-27-6:49:49 PM GMT-IP address:209.194.29.100 Document emailed to Anna Benavides (Anna.Benavides@fortworthtexas.gov) for approval 2020-08-27-6:52:01 PM GMT Email viewed by Anna Benavides (Anna.Benavides@fortworthtexas.gov) 2020-08-27-9:12:57 PM GMT-IP address:209.194.29.100 Document approved by Anna Benavides (Anna.Benavides@fortworthtexas.gov) Approval Date:2020-08-27-9:13:51 PM GMT-Time Source:server-IP address:209.194.29.100 Document emailed to Julie Swearingin (Julie.Swearingen@fortworthtexas.gov) for approval 2020-08-27-9:13:53 PM GMT Email viewed by Julie Swearingin (Julie.Swearing in@fortworthtexas.gov) 2020-08-31 -2:14:35 PM GMT-IP address:209.194.29.100 Document approved by Julie Swearingin (Julie.Swearingin@fortworthtexas.gov) Approval Date:2020-08-31 -2:14:55 PM GMT-Time Source:server-IP address:209.194.29.100 Document emailed to Edwin Kraus (Edwin.Kraus@fortworthtexas.gov) for approval 2020-08-31 -2:14:57 PM GMT Email viewed by Edwin Kraus (Edwin.Kraus@fortworthtexas.gov) 2020-08-31 -2:17:03 PM GMT-IP address:209.194.29.100 z�a Document approved by Edwin Kraus (Edwin.Kraus@fortworthtexas.gov) Approval Date:2020-08-31 -2:18:08 PM GMT-Time Source:server-IP address:209.194.29.100 FORT WORTH•., 1_1Eoev Adobe Sign C'+ Document emailed to Veronica Salinas (veronica.salinas@fortworthtexas.gov) for approval 2020-08-31 -2:18:09 PM GMT Email viewed by Veronica Salinas (veronica.salinas@fortworthtexas.gov) 2020-08-31 -2:50:27 PM GMT-IP address:209.194.29.100 Document approved by Veronica Salinas (veronica.salinas@fortworthtexas.gov) Approval Date:2020-08-31 -2:50:41 PM GMT-Time Source:server-IP address:209.194.29.100 Document emailed to Taylor Paris (taylor.paris@fortworthtexas.gov) for approval 2020-08-31 -2:50:43 PM GMT Email viewed by Taylor Paris (taylor.paris@fortworthtexas.gov) 2020-08-31 -2:55:38 PM GMT-IP address:209.194.29.100 ,rJa Document approved by Taylor Paris (taylor.paris@fortworthtexas.gov) Approval Date:2020-08-31 -2:55:48 PM GMT-Time Source:server-IP address:209.194.29.100 Document emailed to Jesus J. Chapa Qesus.chapa@fortworthtexas.gov) for signature 2020-08-31 -2:55:49 PM GMT Email viewed by Jesus J. Chapa aesus.chapa@fortworthtexas.gov) 2020-09-02-1:16:37 PM GMT-IP address:45.17.234.56 Document e-signed by Jesus J. Chapa Qesus.chapa@fortworthtexas.gov) Signature Date:2020-09-02-1:17:30 PM GMT-Time Source:server-IP address:45.17.234.56 Document emailed to Allison Tidwell (allison.tidwell@fortworthtexas.gov) for approval 2020-09-02-1:17:32 PM GMT Email viewed by Allison Tidwell (allison.tidwell@fortworthtexas.gov) 2020-09-02-1:48:43 PM GMT-IP address:47.24.14.100 ,rJa Document approved by Allison Tidwell (allison.tidwell@fortworthtexas.gov) Approval Date:2020-09-02-1:48:49 PM GMT-Time Source:server-IP address:47.24.14.100 Document emailed to Mary J. Kayser(Mary.Kayser@fortworthtexas.gov) for signature 2020-09-02-1:48:50 PM GMT Document e-signed by Mary J. Kayser(Mary.Kayser@fortworthtexas.gov) Signature Date:2020-09-03-1:27:45 PM GMT-Time Source:server-IP address:209.194.29.100 Document emailed to Vania Soto (Vania.Soto@fortworthtexas.gov) for filling 2020-09-03-1:27:47 PM GMT FORT WORTH, =_seoe1' Adobe Sign FORTWORTH. lro�� DOCUMENT APPROVAL / CORRECTION FORM TO: Sasha Kane DEPT: Police Department DATE: August 27, 2020 SUBJECT: Texas DPS —LPR Contributing and LPR Hotlist Agreements TITLE OF DOCUMENT(S) — City of Fort Worth/ Texas DPS —LPR Contributing and LPR Hotlist Agreements X APPROVED FOR SIGNATURE —The Document has been reviewed and approved for signature. RETURN TO DEPARTMENT —The above referenced document(s) are being returned to your department for corrections. Please see comments below. COMMENTS: Please send the original copies for signature once they are received from the vendor. By. T ylor Paris, Assistant City Attorney REQUIRED SIGNATURES ON DOCUMENT(S) X VENDOR X DEPARTMENT DIRECTOR X ASSISTANT CITY ATTORNEY X ASSISTANT CITY MANAGER X CITY SECRETARY X CONTRACT MANAGER OFFICE OF THE CITY ATTORNEY The City of Fort Worth*200 Texas Street,Third Floor*Fort Worth,Texas 76102 817-392-7600*Fax 817-392-8359