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HomeMy WebLinkAboutPR 22493: MOU WITH TEXAS DEPARTMENT OF PUBLIC SAFETY AND PAPD REGARDING CRIME RECORDS SERVICES LICENSE PLATE READER USER AGREEMENT tnr City of r-,n 116 i>rt rtlt«�_ Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: April 4,2022 To: The Honorable Mayor and City Council Through: Ronald Burton, City ManagerS91:411 From: Timothy Duriso, Chief of Police RE: PR 22493—Memorandum of Understanding between the Texas Department of Public Safety and the City of Port Arthur Police Department regarding Crime Records Services License Plate Reader(LPR)User Agreement. Introduction: The intent of this Agenda Item is to seek the City Council's approval to execute a Memorandum of Understanding between the Texas Department of Public Safety and the City of Port Arthur Police Department regarding the Crime Records Services License Plate Reader (LPR)user agreement. Background: The LPR Database 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 and LPR; license plate numbers; latitude and longitude coordinates indicating where the plate was captured; date/time of capture; and Originating Agency Identifier(ORI)information of the agency capturing the information. Officers of the Port Arthur Police Department may access and use LPR information for official criminal justice purposes and share data contributed to the LPR Database with other authorized criminal justice law enforcement agencies. This Memorandum of Understanding sets forth the standards,training, and reporting requirements that our agency and officers must follow to gain access to the Texas Automated License Plate Reader(LPR) Database administered by the Texas Department of Public Safety (TXDPS). "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 City of or! rtlru�_ Texas www.PortArthurTx.gov Budget Impact: None Recommendation: It is recommended that the City Council authorize the City Manager to execute a Memorandum of Understanding between the Texas Department of Public Safety and the City of Port Arthur Police Department regarding the Texas Automated License Plate Reader Database. "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. 22493 04/04/2022 jlh RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE TEXAS DEPARTMENT OF PUBLIC SAFETY AND THE PORT ARTHUR POLICE DEPARTMENT REGARDING THE TEXAS AUTOMATED LICENSE PLATE READER (LPR) DATABASE. WHEREAS, the City of Port Arthur desires to enter into a Memorandum of Understanding with the Texas Department of Public Safety regarding the Crime Records Services Automated License Plate Reader (LPR) Database; and WHEREAS, the LPR Database consist of shared data from all participating local, state, and federal agencies as well as TXDPS captured data, of the following information associated with license plates captured by an LPR; license plate number; latitude and longitude coordinates indicating where the plate was captured; date/time of capture; and Originating Agency Identifier (ORI) information of the agency capturing the information; and WHEREAS, Officers of the Port Arthur Police Department may access and use LPR information for official criminal justice purposes and share data contributed to the LPR Database with other authorized criminal justice law enforcement agencies; and WHEREAS, the Port Arthur Police Department request the City Council to authorize the City Manager to execute the Memorandum of Understanding in substantially the same form 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 execute a Memorandum of Understanding (MOU) between the Texas Department of Public Safety and the Port Arthur Police Department in substantially the same form as attached hereto as Exhibit "A" . MEMO OF UNDERSTANDING REGARDING TCIC STOLEN LICENSE PLATE AND TCIC STOLEN VEHICLE INFORMATION I. 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: 1tr A2rrluQ 2 is 1)EArMJT ADDRESS: f.fD • Zoyc /o89 Pei / talka. erAS 72t,4/ 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(TCIC/NCIC) 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 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 a criminal justice or law enforcement agency. USER AGENCY: Port Arthur Police Department ADDRESS: P.O. Box 1089, Port Arthur, Texas 77641 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. Page 1 of 3 TXDPS#LES201304161440 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: Lt. Chris Segler Address: P.O. Box 1089 City,State,Zip: Port Arthur, Texas 77641 Telephone: 409-984-2192 Fax: 409-983-8627 Email: chris.segler©portarthurtx.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. ::: - Printed Name: Timoth W. Duriso Title: Chief of Police Date: Page 3 of 3 TXDPS#LES201304161440 PORT ARTHUR POLICE DEPARTMENT LPR POLICY AND PROCEDURES I. POLICY The License Plate Recognition (LPR) system will aid officers in ensuring the safety of our community. The LPR system identifies license plates and will not identify the person operating the motor vehicle. The Department may, as a separate step and for legitimate law enforcement purposes per the Federal Driver's Privacy Protection Act, and as set forth in this Policy, undertake to identify the owner of a vehicle in the event the LPR system generates an alert, such as by running the license plate number through the State's Department of Motor Vehicle(DMV) database. It shall be the policy of this Department that all Department members abide by the policy and its procedures set forth when using the LPR system,thereby increasing the efficiency and effectiveness of its public safety efforts in a manner that safeguards the privacy concerns of law-abiding citizens. II. PURPOSE The purpose of this Department policy is to establish guidelines for officers utilizing the License Plate Recognition (LPR) system. This policy will further establish guidelines for the deployment and actions permissible when using the system. The LPR system shall be restricted to legitimate law enforcement uses for the purpose of furthering law enforcement goals and enhancing public safety. Such uses and goals include, but are not limited to, providing information to officers that will assist in on-going criminal investigations, crime prevention, crime detection, the apprehension of wanted persons, ensuring the safety of vulnerable individuals through the recovery of missing and endangered persons, and improving the quality of life in our community through the identification and removal of stolen, unregistered, and uninsured motor vehicles. The Department shall utilize hot lists that further the above-specified goals of the LPR system where there is a legitimate and specific law enforcement reason for identifying a vehicle associated with an outstanding arrest warrant; vehicles related to missing persons investigations; vehicles associated with AMBER Alerts; stolen vehicles; vehicles that are reasonably believed to be involved in the commission of a crime; vehicles that are registered to or are reasonably believed to be operated by persons who do not have a valid operator's license or who are on the revoked or suspended list; vehicles with expired registrations; vehicles registered to persons who are subject to a restraining order issued by a court or by the Parole Board, or who are subject to any other duly issued order restricting their movements; vehicles registered to persons wanted by a law enforcement agency who are of interest in a specific investigation; and vehicles registered to persons who are on any watch list issued by a State or Federal agency responsible for homeland security when information has been received concerning a specific individual. III. DEFINITIONS A. LPR System —The system in its entirety, including all LPR cameras, software, and collected date. An LPR system is a computer-based system that utilizes special cameras to capture license plate information. The LPR system captures an infared image of a license plate and coverts it to a text file using Optical Character Recognition ("OCR") technology. The text is compared to various hot lists generated by local, state, and federal law enforcement agencies, including the National Crime Information Center("NCIC"), and generates an alert when there is a hit. B. Alert—An audible and/or visual signal activated upon the read of a license plate by the LPR system that has NOT BEEN VISUALLY VERIFIED by the officer against the photo in the LPR system. C. Tentative Hit — An alert by the LPR system that HAS BEEN VISUALLY VERIFIED by the officer against the LPR hotlist and photo HAS NOT BEEN VALIDATED by the officer or dispatch as a live query transaction OR CONFIRMED AS VALID with the original entering agency. PORT ARTHUR POLICE DEPARTMENT LPR POLICY AND PROCEDURES D. Live Query Transaction—A hit by the LPR system that HAS BEEN VALIDATED as active but HAS NOT BEEN CONFIRMED as valid by the entering agency. E. Confirmation (Confirmed Hit)—A hit by the LPR system that HAS BEEN CONFIRMED as valid and active by the original entering agency through secondary check. F. Hotlist— Data filed extracted from the law enforcement databases which contain a listing of stolen license plates, stolen vehicles, wanted persons, and other vehicles/persons actively being sought by a law enforcement agency such as Amber/Silver Alert vehicle/persons. These data extracts are generally facilitated at numerous times per day to provide current data. G. VSLEA — Vigilant Solutions Law Enforcement Academy — An Online on-demand website to learn about the LPR system and tools to enhance investigation with the LPR system. IV. PROCEDURE A. Management 1. The Department, by and through its Chief, is solely responsible for the day-to-day operation and management of the LPR system and for all tasks ancillary to its operation and management. The Chief shall assign Department personnel to operate and manage the LPR system on a day-to-day basis. 2. The Chief shall ensure that the LPR system is operated in conformity with this policy and other Department policies, procedures, rules, and regulations.The Chief shall enforce this Policy and shall act as the Department Head for all disciplinary and enforcement actions for any violations by Department personnel. B. Training 1. Training is available for anyone interested in gaining further knowledge of the LPR system in Vigilant Solutions Law Enforcement Academy (VSLEA). The Website for the training can be accessed by going to www.vslea.org and clicking Training on Demand or by clicking the VSLEA Training button on LEARN. There are also webinars and on-site training available under 2. Upcoming Training. Current users of LEARN can use the link below to create a password for the site. They should use the same email that they use to log into LEARN as a username. https://vigilant.policeoneacademy.com/login/#-forgot-password 3. If the user does not have a current LEARN account, please use the link below to create a new account and password. https://www.policeone.com/Vigilant-Solutions-Law-Enforcement-Academy/Request/ 4. Step-by-step instructions on how to access the on-demand training can be found on FAQ link: https://www.vigilantsolutions.com/on-demand-training-faq/ C. Operations 1. Installation and Functioning.The LPR cameras will be mounted on a marked cruiser, unmarked vehicle, and/or mounted in a stationary location. The LPR equipment will passively read the license plates of moving or parked motor vehicles using LPR optical character recognition PORT ARTHUR POLICE DEPARTMENT LPR POLICY AND PROCEDURES technology and compare them against various hot lists uploaded or created by the Police Department. Scanned data files collected by the system will, on an ongoing basis, be automatically uploaded from the LPR camera to the Department's LPR database. 2. Hot Lists. Designation hot lists to be utilized by the LPR system shall be made by the Chief or his/her designee. Hot lists shall be obtained or compiled from sources as may be consistent with the purposes of the LPR system set forth in this Policy. These sources may include: a. NCIC Stolen Vehicle files, as available b. NCIC Stolen plates and Stolen Canadian plates, as available c. NCIC Wanted persons, as available d. NCIC Missing or Endangered person files, as available e. NCIC Supervised Release (Federal Probationers), as available f. NCIC Nationwide Domestic Violence Protection Orders, as available g. NCIC Violent Gang and Terrorist Organization File, as available h. NCIC Sexual Offender i. DMV Records of Suspended/Revoked Registrations j. Department-generated hot list(s)or manual entries of license plate numbers to existing hot list(s)created for purposes consistent with this Special Order as may be authorized by the Chief or his/her designee. 3. Login-Log-Out Procedure. To ensure proper operation and facilitate oversight of the LPR system, all users will be required to have individual credentials for access and use of the systems and/or data. 4. Auditing and Oversight. To ensure proper oversight into the use of the system and adhere to this policy, all activities (plate detections, queries, reports, etc.) are automatically recorded by the system for auditing purposes. 5. Permitted/Impermissible Uses. a. The LPR system and all data collected is the property of the Department. Department personnel may only access and use the LPR system for official and legitimate law enforcement purposes consistent with this Poles b. The following uses of the SLPR system are specifically prohibited: 1) Invasion of Privacy. Except when done pursuant to a court order, it is a violation of this Policy to utilize the LPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road, street, or that are on private property but whose license plate(s)are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment). 2) Harassment or Intimidation. It is a violation of this Policy to use the LPR system to harass and/or intimidate any individual or group. 3) Personal Use. It is a violation of this Policy to use the LPR system or associated scan files or hot lists for any personal purpose. 4) Anyone who engages in an impermissible use of the ALPR system or associated scan files or hot lists may be subject to: a) Criminal prosecution, b) Liability and/or c) Administrative sanctions, including termination, pursuant to and consistent with the relevant collective bargaining agreements and Department policies. 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 parry'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 point of contact accessing the FTP site. Agency ORI: /23o7bb User Name: LT (.hu5c User Phone Number: (" ') 9'V-2/92 User Email Address: etf4e, . 56ac.ez &r/txrdue%y Got, This agreement will become effective on 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 l_t By: �� ';�Y' og„ By: Title: Di rec 4-or Title: Zrr /'A,43A4e-e Printed Name: eY e l e• m Crqk) Printed Name: Rod -Eu2m./ Date: / -00 3 - 2 0 0 ! Date: