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Home My WebLink AboutContract 35799corvrRAc�r No � .� � INTERLOCAL AGREEMENT FOR SHARING' - �. i �' r u OF LAW ENFORCEMENT DATA � � � �'� N � �- � �+ THE STATE OF TEXAS COUNTY OF TARRANT . 07 �i►JG 2? AM 10� 35 KNOW ALL BY THESE PRESENTS: This Interlocal Agreement (the "Agreement") is made and entered into by and between the City of Fort Worth, Texas, hereinafter referred to as "CITY," acting by and through its duly authorized Assistant City Manager, and Collin County through its Department of Homeland Security, hereinafter refer�ed to as "COUNTY," acting by and through its duly authorized by the County Judge, each referred to separately as a"party" and collectively as the "parties." WITNESSETH: WHEREAS, the Texas State Legislature has authorized the formulation of interlocal cooperating agreements between and among governmental entities; and WHEREAS, this Interlocal Agreement is made under the authority granted by and puisuant to Chapter 791 of the Texas Government Code which authorizes CITY and COUNTY to enter into this agreement for purposes of achieving mutual governmental functions; and WHEREAS, CITY and COLTNTY desire to share Law Enforcement data between each other, specifically the law enforcement data shall include but not be limited to records management system, computer aided dispatch system, arrest records, gang records, and offense reports, utilizing a web based Operation, Fusion & Communication Center ("OFCC") system; and WHEREAS, the governing bodies of CITY and COLTNTY further find that the performance of this contract is in the common interest of both parties. 1►t1]i.ill Y :1�1:7 �1 �CI] :� � IN CONSIDERATION of the mutual promises and agreements contained herein, the parties do hereby agrees as follows: I. PURPOSE / SCOPE The purpose of this Agreement is to establish a timely law enforcement inter- jurisdictional information sharing program to address critical CITY and COUNTY information needs to protect CITY and COUNTY residents. This Agreement will provide for the following: • CITY and COLTNTY inter-agency technology application coordination _- - Interlocal Agreement — Page 1 Inter-Agency Data Sharing � ;'.;f�'�'��..��f�d� �i��J , � ��'t' ��Q��!�f'''� p ��, �t��l�� . � • Inter-jurisdictional sharing of law enforcement information and related data sets pertaining to public safety • Develop a timely operational information sharing model which will create effective and efficient data sharing and at the same time conserve CITY and COLTNTY resources • CITY law enforcement data shall include but not be limited to, records management system, computer aided dispatch system, arrest records, gang records, and offense reports, hereafter "City Information" • The information shared between the parties will be handled in accordance with the "Criminal Intelligence Systems Oper•ating Policies," 28 CFR Part 23, U.S. Executive Order 12291, which is incorporated herein by reference and made a part of this Agreement. • Funding for the fusion system will come from federal Homeland Security grants. • Participating agencies will comply with 28 Code of Federal Regulations Part 23, the guidelines for criminal intelligence records systems. • The Records Managers of both parties of this agreement will coordinate their efforts concerning records expungement to satisfy orders of expungement from any court. II. CITY'S RESPONSIBILITY CITY will provide COiJNTY with City Information as defined herein via a web based Operation, Fusion & Communication Center ("OFCC") system in accordance with the Fusion System Overview, which is attached hereto as Exhibit "A." CITY shall have sole discretion to determine which City Information is provided for use with the OFCC. CITY shall not disclose any COLJNTY information obtained pursuant to this Agreement unless such disclosure is required by law, rule, regulation or court order. CITY shall notify COUNTY when it receives a Notice of Expunction and fax the Order of Expunction to COUNTY when CITY receives same III. COUNTY'S RESPONSIBILITY COUNTY shall allow CITY to have access to the OFCC and all related databases for all purposes incident to this Agreement. COUNTY shall not disclose any City Information obtained puisuant to this Agreement unless such disclosure is required by law, rule, regulation or court order. COUNTY shall maintain the OFCC system and database, and shall take any and all action necessary to maintain City Information so as not to compromise the integrity or the security of the information being transmitted. COUNTY further agrees that if there is a breach, or a suspected breach, of the OFCC system or any connected databases which comprise City Information. COLTNTY shall immediately notify the CITY of such breach and talce all necessary steps to prevent any further unauthorized disclosure of City Information. When COUNTY receives an Order granting the Expunction, COUNTY shall promptly remove such information from its database. IV. TERM OF AGREEMENT AND TERMINATION Interlocal Agreement — Page 2 Inter-Agency Data Sharing The term of the Agreement shall be for a one year period beginning when the last party signs the Agreement. The Agreement shall renew automatically for additional one year periods indefinitely. Either may terminate the Agreement by sending the other at least thirty (30) days advance written notice of termination to the other party's address listed below: City of Fort Worth: Mr. Gerald Chandler Fort Worth Police Dept., F& E Division 350 W. Belknap Fort Worth, TX 76102 Collin County: The Honorable Judge Keith Self 210 S. McDonald McKinney, Texas 75069 V. IMMUNITY It is expressly understood and agreed that in the execution of this Agreement, no party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. VI. SUCCESSORS AND ASSIGNS Neither CITY nor COUNTY will assign, sublet, subcontract or transfer any interest in this Agreement without the written consent of the other party. No assignment, delegation of duties or subcontract under this Agreement will be effective without the written consent of the other party. VII. VENUE The parties to this Agreement agree and covenant that this Agreement will be enforceable in Fort Worth, Texas; and that if legal action is necessary to enforce this Agreement, exclusive venue will lie in Tarrant County, Texas. VIII. REMEDIES Interlocal Agreement — Page 3 Inter-Agency Data Sharing No right or remedy granted herein or reserved to the pai�ties is exclusive of any other tight or remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agi•eement. IX. SEVERABILITY If any of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement are for any reason held to be invalid, void ar unenforceable, the remainder of the terms, sections, subsections, sentences, clauses, phrases, provisions, covenants, conditions or any other part of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. � APPLICABLE LAW This Agreement is entered into subject to the Interlocal Cooperation Act, the governing charters and or ordinances of CITY and COLTNTY, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable Texas and Federal law. Situs of this Agreement is agreed to be Tarrant County, Texas, for all purposes including performance and execution. XI. ENTIRE AGREEMENT This Agreement embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot be modified without written agreement of the parties. XII. AUTHORIZATION The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions or actions extending such authority have been duly passed and are now in full force and effect. XIII. RELATIONSHIP OF THE PARTIES Interlocal Agreement — Page 4 Inter-Agency Data Sharing It is expressly understood that the employees, methods, facilities and equipment of the CITY shall at all times be under its exclusive jurisdiction, direction and control. It is understood that the employees, methods, facilities, and equipment of the COUNTY shall at all times be under its exclusive jurisdiction, direction and control. EXECUTED on this the �day of 2007. CITY OF FORT WOR . ,� ;� ; � �/ , / ; ,�, � ;`� '.�:;�-, � Joe Pani �ua�' A�§is '�t City Manager ;,;� �: % ` ' i Date: `�)' � � U � APPROVED AS TO FORM AND LEGALITY: Karen Anderson, Assistant City Attorney FORT WORTH POLICE DEPARTMENT Ralph Mendoza, Chief of Police Date: �^_` f "j� �_�� COLLIN COUNTY JUDGE: : Name: Keith Self Title: Judge Date: l��a $ J p`� APPROVED AS TO FORM AND LEGALITY: BY: �y f %� Assistant County Attorney Interlocal Agreement — Page 5 Inter-Agency Data Sharing ATTEST: � �l � � VL City Secr ry M&CNo. �� Ordinance No. Contract No. ATTEST: : 'i:.��.�. ► � , � ,� , - - _ � � s. ' / ' � � ' �i11 � ' ' �. - � . : _ .. .- , , � , ._ � . �'i��.��e�+� �1,i��v��J�'''J' i I[ I� , � ��,�� SV1,L� !�: � ; �� CJU�U�Ju� U�G1� i `• T�:�i1t C � ��+�J �� Exhibit A CITY wiil provide: 1. Either a secure electronic transfer to a secure file transfer protocol (FTP) site on the North Central Texas Fusion System Servers or authorized access to a Law Enforcement Server for secure data pull by the North Central Texas Fusion System. Transfer will take place at a mutually agreed upon frequency and time of day. 2. A description of database structure and field definitions (including handling of restricted access records) by written documentation, working meetings, and/or responses to questions. 3. A designation of whether expunged records are to be overwritten or deleted from the North Central Texas Fusion System; and 4. Notification to the Fusion System Point of Contact of authorized Law Enforcement users who are no longer eligible to access the Fusion System. The COUNTY will provide: 1. A secure FTP site, if applicable, that is accessible only by the CITY and North Central Texas Fusion System IT personnel and North Central Texas Fusion System authorized contractors who will integrate the data into a North Central Fusion System Search Library; 2. Separate data libraries that support unrestricted Law Enforcement Sensitive data as well as restricted Law Enforcement Sensitive components; 3. Automated integration of updated transmitted files; 4. A provision for handling expunged records as specified by the CITY; and 5. A procedure for removing a user name from the authorized North Central Texas Fusion System authorized user list based on input from the CITY. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/21/2007 F._.._ ._... ..- . ._-___. . . __ -., -_---- . .- __... -.____.. .__. � ... :. . -__ __-_. __.___ . _._ _. __. .___._. ., DATE: Tuesday, August 21, 2007 LOG NAME: 35COLLINDATA REFERENCE NO.: **C-22324 SUBJECT: Authorize the City Manager to execute an Interlocal Agreement befinreen the City of Fort Worth and Collin County Department of Homeland Security to establish a Law Enforcement Inter-Jurisdictional Informational Sharing Program to Address Critical Information Needs RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an interlocal agreement with Collin County to establish a law enforcement inter-jurisdictional information sharing program to address critical information needs to protect residents of Collin County and the City of Fort Worth. DISCUSSION: The Intelligence/Homeland Security Section of the Fort Worth Police Department has six major missions, including the provision of current and accurate strategic intelligence data analysis. A currently developing data consolidation project within the Police Department will afford the intelligence section the ability to provide a constant comprehensive understanding of the conventional and unconventional threats concerning the City. Collin County will operate the data consolidation project at the North Central Texas Regional Fusion Center (NCTRFC) in Collin County and share such information with Fort Worth. The agreement will provide for the following to be established: Inter-jurisdictional sharing of law enforcement information and related data sets pertaining to public safety; a timely operational information sharing mode, which will create effective and efficient data sharing of law enforcement data with NCTRFC, and reciprocally provide Fort Worth Police analysts and detectives access to highly sophisticated analytic software training and tools. The data shared will include offense reports, but not be limited to, arrest records, applicable CAD call records, and gang and vice records, from the Departments' Records Management System. Fort Worth Police Department will provide law enforcement information via a secure FTP link between data centers. The Data Fusion process includes blending of data from different sources resulting in meaningful and actionable intelligence and information such as; predicting local gang activity, or early identification of serial burglary activity. The fusion process turns information and intelligence into knowledge to operations. The primary emphasis of fusion is to identify emerging crime related threats and risks to support ongoing efforts to address criminal activities. The information shared will be handled in accordance with the "Criminal Intelligence Systems Operating Policies," Title 28 CFR Part 23, U.S. Executive Order 1229. Participating agencies will comply with Title 28, Code of Federal Regulations, Part 23, the guidelines for criminal intelligence records systems. The Records Managers of both agencies will coordinate their efforts concerning records expungement to satisfy orders of expungement from any court. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/AccountlCenters FROM Fund/Account/Centers Logname: 60SOUTHWEST Page 1 of 2 Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Logname: 60SOUTHWEST Joe Paniaqua (6140) Ralph Mendoza (4210) G. Chandler (4219) Page 2 of 2 COUR7 ORDER NO. 2007- io��% .p8-2g THE STATE OF TEXAS COUNTY OF COI.LIN Subject: Interlocai Agreement, City of Forth Worth — Homeland Security �n August 28, 2007, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Keith Self Phyllis Cole Jerry Hoagland Joe Jaynes Jack Hatchell County Judge, Presiding Commtssioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 During such session the court consider�d approval of an Interlacal agreement with the City of Fort Worth. Thereupon, a motion was made, seconded and carried with a majority vote of the court authorizing the attached Interlocal agreement with the City of Fort Worth for Law Enforcement Data Sharing. Same is hereby approved as per the attached documentation. ,,�1�llltl��, �`� �r�TY ��1�9 �f +r� a ',�� '�/ . C� , . � � � : /''; �.��: � r • � '� :� .1 v `1, 'r .T . i � M � .�. � i i` v ; r- � - '•. : �• : . �� . � '� ''�•....+•' O� ��'�� '�-•�✓ ',��..r;.n��4� �irii�lt �.-- T: -- ..,� � � ..._.�_ �► cey` em , x- c o e Cd sioners Court - Collln County, T E X A S erry � r, U - v Joe Jay es iss' er, Pct. 3 � W Jaak at� , ommissioner, ct.4 T:\SWord Deta\Courl20D7�COURt ORDERS108-28-07 Court131gnad Court Orders12Y061 - CofForl Worth- Law Enforcament Dala Sharing D626.doc