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Home My WebLink AboutPR 21714: COOPERATIVE AGREEMENT WITH THE TEXAS DEPARTMENT OF PUBLIC SAFETY City of cam_ or! rtltur Tip ra.c www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: March 26, 2021 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Timothy Duriso, Chief of Police RE: PR 21714—Cooperative Agreement with the Texas Department of Public Safety Introduction: The intent of this Agenda Item is to seek the City Council's approval of Proposed Resolution 21714 to authorize the City Manager to enter into a Texas Gang Intelligence Index(TXGANG) User Agreement with(DPS). Background: The DPS has established and maintains a statewide gang intelligence index, called Texas Gang Index, (TXGANG), for the purpose of facilitating the investigation,prosecution, and/or punishment of criminal offenses relating to criminal street gangs. The Port Arthur Police Department wishes to utilize those resources in combatting criminal street gang problems that persist in the city of Port Arthur. It is in the best interest of the City of Port Arthur to enter into a Texas Gang Intelligence Index(TXGANG)User Agreement with the Texas Department of Public Safety to utilize the Texas Gang Index (TXGANG), to help track suspected gang members. Budget Impact: N/A Recommendation: The Police Department recommends that City Council members approve the proposed resolution, and allow the City Manager to enter into a Texas Gang Intelligence Index(TXGANG) User Agreement with DPS. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No. 21714 3/26/2021 jlh RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TEXAS GANG INTELLIGENCE INDEX (TXGANG) USER AGREEMENT BETWEEN THE CITY OF PORT ARTHUR AND THE TEXAS DEPARTMENT OF PUBLIC SAFETY (DPS) FOR THE UTILIZATION AND MAINTENANCE OF THE TEXAS GANG INTELLIGENCE INDEX (TXGANG) WHEREAS, there is evidence that criminal street gangs continue to exist in and around the City of Port Arthur and surrounding areas; and WHEREAS, such illegal activity committed by criminal street gangs has a substantial and detrimental effect on the health and general welfare of the people of Texas; and WHEREAS, the Texas Department of Public Safety (DPS) is authorized to enter into a Texas Gang Intelligence Index (TXGANG) User Agreement concerning the usage of the Texas Gang Intelligence Index (TXGANG) for the purpose of facilitating the investigation, prosecution, and/or punishment of criminal offenses relating to criminal street gangs; and WHEREAS, the City of Port Arthur desires to enter into such a Texas Gang Intelligence Index (TXGANG) User Agreement between the Port Arthur Police Department and the Texas Department of Public Safety, as attached as Exhibit "A" . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1 . That the facts and opinions in the preamble are true and correct. Section 2 . That the City Council authorizes the City Manager to enter into Texas Gang Intelligence Index (TXGANG) User Agreement with the Texas Department of Public Safety, in substantially the same form as Exhibit "A" . Section 3 . That a copy of the caption of this resolution shall be spread upon the Minutes of the City Council. P.R. No. 21714 3/26/2021 jlh READ, ADOPTED AND APPROVED on this day of May, A. D. , 2021, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES : Mayor: Councilmembers : , NOES: • Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary APPRO AS TO F Va T o City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City Manager P.R. No. 21714 3/26/2021 jlh EXHIBIT "A" TEXAS GANG INTELLIGENCE INDEX (TXGANG) USER AGREEMENT This agreement is made and entered into between the Texas Department of Public Safety(DPS),which is responsible for the maintenance of the Texas Gang Intelligence Index (TxGang),and the Port Arthur Police Department hereinafter referred to as the Participating Agency. The DPS has established and maintains a statewide gang intelligence index,TXGANG, for the purpose of facilitating the investigation,prosecution,and/or punishment of criminal offenses relating to a criminal street gang. The Participating Agency entering into this User Agreement has read and fully understands the responsibilities of being a participating agency in TXGANG. The DPS reserves the right to suspend or terminate the use of TXGANG by any Participating Agency for any breach of the User Agreement. The Participating Agency agrees to: 1. If applicable,comply with the Department of Justice Criminal Intelligence Systems Operating Policies 28 Code of Federal Regulations Part 23, Chapter 67 of the Texas Code of Criminal Procedure and the TXGANG Operating Policies and Procedures in regards to, but not limited to, submission,query, dissemination,and retention of records,training, and terminal and data security. 2. Establish a written policy applicable to the participating agency on TXGANG issues such as, record submission, removal,quality control,validation,dissemination,and system security. 3. Refrain from using information obtained from TXGANG to populate another intelligence or searchable database. 4. Ensure that all users that are provided access within the agency are authorized users, properly trained,and using appropriate electronic transmission. 5. Maintain a list of all authorized users and provide the list to the Administrator of TXGANG. 6. Maintain supporting documentation on submissions for as long as record remains in TXGANG. 7. Be responsible for the quality of the information submitted and for modifying or deleting a record if necessary. 8. Notify DPS immediately and execute a new User agreement upon a change in the chief executive officer or head of the Participating Agency. Participating Agency acknowledges and agrees that all submissions of criminal intelligence information on individuals and organizations submitted to TXGANG are the property and responsibility of the submitting agency,not DPS. Participating agency acknowledges it has a duty to adhere to, if applicable. 28 CFR Part 23 and Chapter 67 of the Code of Criminal Procedure requirements including proper ID criteria for a gang member, proper criminal predicate for the gang, lawful acquisition of the information being submitted,effective control of dissemination only on a right and need to know basis and Page 1 of 2 Revised 01/2019 maintaining proper records for each dissemination. TO THE EXTENT AUTHORIZED BY LAW, PARTICIPATING AGENCY SHALL INDEMNIFY AND DEFEND DPS FROM ALL DAMAGES ARISING OUT OF PARTICIPATING AGENCY'S PERFORMANCE UNDER THIS AGREEMENT CAUSED BY(l)ANY NEGLIGENT ACT OR OMISSION OR(2) WILLFUL MISCONDUCT OF PARTICIPATING AGENCY, ITS EMPLOYEES OR ANYONE FOR WHOSE ACTS PARTICIPATING AGENCY MAY BE LIABLE. This agreement may be terminated by either the agency head or DPS at any time after providing 30 days written notice to the other party. Any changes to this agreement must be in writing and be mutually agreed upon by all parties. This TxGang User Agreement will become effective on . (Date to be completed by DPS). IN WITNESS WHEREOF,the parties hereto caused this TxGang User Agreement to be executed by the proper officers and officials: PARTICIPATING AGENCY PARTICIPATING AGENCY REPRESENTATIVES Sgt. Ahmaal Bodden Printed Name of Agency Head or Designee Printed Name of Participating Agency Primary Representative Signature Signature Title Det. Sadie Guedry Date Printed Name of Participating Agency Alternative Representative ORI Signature 645 4th Street Port Arthur Texas 77640 Agency Address/City/Zip Code — — TEXAS DEPARTMENT OF PUBLIC SAFETY Mike Lesko Printed Name S ure Chief Title Date —� Page 2 of 2 Revised 01/2019