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HomeMy WebLinkAboutContract 54849 CSC No. 54849 MEMO OF UNDERSTANDING REGARDING TCIC STOLEN LICENSE PLATE AND TCIC STOLEN VEHICLE INFORMATION 1. This document constitutes an agreement between the Texas Department of Public Safety and a criminal justice or law enforcement agency, hereinafter referred to as the User Agency. USER AGENCY: City of Fort Worth ADDRESS: 200 Texas Street Fort Worth , TX 76102 2. This agreement sets forth the duties and responsibilities for the Department of Public Safety and the User Agency. 3. The Department of Public Safety agrees to maintain, operate, and manage a file of vehicle license plate information exported from the Texas Crime Information Center (TCIC) for the use of the User Agency. 4. The Department of Public Safety will ensure that, except in extraordinary circumstances, the file will be updated hourly. The file name will incorporate the date and time the file was created. 5. The User Agency recognizes there are inherent limitations in matching against data updated hourly. Therefore, if the User Agency gets a "hit" on the exported TCIC information, the User Agency agrees to conduct a real-time check of TCIC records to confirm that the hit record still exists in the live TCIC file. The User Agency will follow all Texas Crime Information Center/National Crime Information Center (TCICINCIC) policies for handling hits. 6. The Department of Public Safety or the User Agency may, upon 30 days notice, in writing, terminate this agreement. User Agency correspondence regarding this agreement should be directed to: Texas Department of Public Safety, MSC 0233 Crime records Service, TCIC Operations PO Box 4143 Austin, TX 78765-4143 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 7. The file of TCIC information is provided to the User Agency for criminal justice purposes only. Furthermore, the User Agency agrees that the file created by the Department remains a TCIC file and will handle the information in the file and all activities related to the information in the file according to existing and future TCIC/NCIC policies. 8. The User Agency agrees to indemnify and save harmless, to the extent the law allows, the Texas Department of Public Safety, 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 or enjoyment of the Agreement. 9. No financial liability will be incurred by the Department of Public Safety by virtue of this agreement beyond monies available to it for the purpose of fulfilling this agreement. 10. Each party to this agreement agrees that it shall have no liability whatsoever for the actions and/or omissions of the other party's employees, officers, or agents, regardless of where the individual's actions and/or omissions occurred. Each party is solely responsible for the actions and/or omissions of its employees, officers, and agents; however, such responsibility is only to the extent required by Texas law. Where injury or property damage result from the joint or concurring acts and/or omissions of the parties, any liability shall be shared by each party in accordance with the applicable Texas law, subject to all defenses, including governmental immunity. These provisions are solely for the benefit of the parties hereto and not for the benefit of any person or entity not a party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by law. 11. No modification or amendment to this agreement shall become valid unless in writing and signed by both parties. 12. This agreement constitutes the entire agreement between the parties with regard to the matters made the subject of this agreement. There are no other verbal or written covenants, agreements, understandings, representations, warranties, or restrictions between the parties. No rights or obligations shall be implied. 13. Neither party may assign or transfer this agreement or any interest in this agreement without the written consent of the other party. 14. This agreement does not create any rights in any person or entity other than the Texas Department of Public Safety and the User Agency. Please provide the following information regarding the User Agency's employee who will be the primary paint of contact accessing the FTP site. Agency ORI: TX2201200 User blame: Corey Autrey User Phone Number: 817-392-1781 User Email Address: corey.autrey@fortworthtexas.gov This agreement will became effective on October 1 ; 2020� Each person signing this agreement represents and warrants that he/she has full and complete authority to sign this agreement on behalf of the governmental entity. In WITNESS WHEREOF, the parties hereto caused this agreement to be executed by the proper officers and officials. TEXAS DEPARTMENT OF PUBLIC SAFETY USER AGENCY e�!�'I � � Cam& By. T ", - By: Jesus J.Chapa(Aug31, 02010:24 CDT) Title: Di'rec--6r Title: Deputy City Manager Printed Name: elf � (, Printed Marne: Jesus J. Chapa ❑ate: 1 G 3 - 2 0 0 Date: Aug 31,2020 A-�an" n�� j - o 0, =d y. o°o °°o 4, B aaa�nszpsbap Title:—City Secretary Printed Name: Mary Kayser Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH, 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. 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 Soto, Vania Elizabeth From: Kayser, Mary Sent: Monday, November 16, 2020 11:10 AM To: Soto,Vania Elizabeth Subject: FW: Hotlist agreement See below. I am signing the agreement now. Mary J. Kayser, TRMC MMC City Secretary City Secretary's Office 200 Texas Street Fort Worth, TX 76102 817-392-6161 817-944-8111 (cell) marv.kayserAfortworthtexas.gov From: Paris,Taylor<Taylor.Paris@fortworthtexas.gov> Sent: Monday, November 16, 2020 9:40 AM To: Kayser, Mary<Mary.Kayser@fortworthtexas.gov> Subject: RE: Hotlist agreement Yes. Taylor C. Paris Assistant City Attorney 200 Texas Street Fort Worth, Texas 76102 Tel:817-392-6285 Taylor.Paris(cr�,fortworthtexas.Rov City of Fort Worth— Working together to build a strong community. FuT ORTH. RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed.This communication may contain material protected by the attorney-client privilege.If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please immediately notify Taylor C.Paris at the City of Fort Worth City Attorney's Office(817)392-6285. From: Kayser, Mary<Mary.Kayser@fortworthtexas.gov> Sent: Monday, November 16, 2020 9:40 AM To: Paris,Taylor<Taylor.Paris@fortworthtexas.gov> Subject: FW: Hotlist agreement Confirming you are ok with us using this in lieu of you actually signing the agreement? 1 Mary J. Kayser, TRMC MMC City Secretary City Secretary's Office 200 Texas Street Fort Worth, TX 76102 817-392-6161 817-944-8111 (cell) triga1ayserAfortworthtexas. og_v From: Paris,Taylor<Taylor.Paris@fortworthtexas.gov> Sent: Monday, November 16, 2020 9:38 AM To: Kayser, Mary<Mary.Kayser@fortworthtexas.gov> Subject: RE: Hotlist agreement Hi Mary, Attached is my email approving the routing of the contract for signature. If that is not clear legal approval, please accept this email as approval from legal for signature. Taylor C. Paris Assistant City Attorney 200 Texas Street Fort Worth, Texas 76102 Tel:817-392-6285 Taylor.Paris(cr�,fortworthtexas.gov City of Fort Worth— Working together to build a strong community. FoRTWoum RECIPIENTS-PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed.This communication may contain material protected by the attorney-client privilege.If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please immediately notify Taylor C.Paris at the City of Fort Worth City Attorney's Office(817)392-6285. From: Kayser, Mary<Mary.Kayser@fortworthtexas.gov> Sent: Monday, November 16, 2020 9:29 AM To: Paris,Taylor<Taylor.Paris@fortworthtexas.gov> Subject: Hotlist agreement As we discussed Friday—we need something more from Legal as far as whether you all approve this contract for execution. If you have an email we can attach it in the file. If I remember my conversation with Sasha -DPS doesn't want us adding any signatures etc. to their contract. Let me know what you want to do. Mary J. Kayser, TRMC MMC City Secretary 2 City Secretary's Office 200 Texas Street Fort Worth, TX 76102 817-392-6161 817-944-8111 (cell) mM.kayserkfortworthtexas.gov 3