Loading...
HomeMy WebLinkAboutPR 24414: MOU WITH THE TDPS - ACCESS TO TCIC STOLEN LICENSE PLATE AND VEHICLE DATA City of ort rthu�_ Texas www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: June 24, 2025 To: The Honorable Mayor and City Council Through: Ronald Burton, CPM, City Manager From: Timothy W. Duriso, Chief of Polico/A; RE: PR 24414—Memorandum of Understanding with the Texas Department of Public Safety—Access to TCIC Stolen License Plate and Vehicle Data Introduction: The purpose of this memorandum is to request City Council approval of a Memorandum of Understanding(MOU)between the Texas Department of Public Safety(DPS) and the City of Port Arthur, acting through the Port Arthur Police Department, for the purpose of accessing and utilizing vehicle and license plate data from the Texas Crime Information Center(TCIC). Background: The Texas Department of Public Safety has offered user agencies, including the Port Arthur Police Department, the ability to access hourly-updated files from TCIC concerning stolen license plates and stolen vehicles. This file will be maintained and managed by DPS and made available to the Police Department to enhance our law enforcement capabilities related to motor vehicle theft, traffic enforcement, and related investigations. Fiscal Impact There is no financial cost to the City of Port Arthur associated with this MOU. Recommendation: The Police Department recommends approval of the attached resolution authorizing the City Manager, or his designee, to execute the Memorandum of Understanding. Participation in this program will significantly enhance our real-time crime data capabilities and support efforts in vehicle theft recovery and public safety. "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. 24414 6/24/2025 JLH RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING BETWEEN THE TEXAS DEPARTMENT OF PUBLIC SAFETY AND THE CITY OF PORT ARTHUR FOR THE PURPOSE OF ACCESSING AND UTILIZING TEXAS CRIME INFORMATION CENTER (TCIC) FILES REGARDING STOLEN VEHICLE LICENSE PLATES AND STOLEN VEHICLES WHEREAS,the City of Port Arthur,through its Police Department, seeks to enhance its ability to prevent and investigate motor vehicle theft and related crimes through the utilization of data provided by the Texas Department of Public Safety (DPS); and WHEREAS,the Texas Department of Public Safety agrees to maintain, operate, and manage a file of stolen license plate and stolen vehicle information exported from the Texas Crime Information Center(TCIC) for access and use by authorized user agencies such as the Port Arthur Police Department; and WHEREAS,the file provided by DPS will be updated on an hourly basis (except under extraordinary circumstances), and each file will be designated with the date and time of its creation; and WHEREAS,the user agency,the Port Arthur Police Department, acknowledges that matching against the hourly updated file has inherent limitations and agrees to confirm any TCIC "hit"through a real-time query of the live TCIC system and to adhere to all applicable TCIC and National Crime Information Center(NCIC)policies regarding the handling of such records; and WHEREAS,the Memorandum of Understanding provides that either party may terminate the agreement with thirty(30)days written notice and outlines the responsibilities and limitations of each party, including liability provisions, indemnification clauses, and restrictions on the use of the data for criminal justice purposes only; and WHEREAS,the City of Port Arthur recognizes that no financial liability shall be incurred by the Texas Department of Public Safety beyond monies appropriated to fulfill this agreement, and that no rights or obligations shall be implied beyond what is expressly written in the agreement. P.R. No. 24414 6/24/2025 JLH NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR,TEXAS: Section 1. That the City Council hereby approves the Memorandum of Understanding between the Texas Department of Public Safety and the City of Port Arthur regarding access and use of TCIC stolen vehicle and license plate information. Section 2. That the City Manager, or his designee, is authorized to execute the Memorandum of Understanding and any necessary documents related thereto on behalf of the City of Port Arthur hereto in 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. READ, ADOPTED AND APPROVED on this day of July, A.D., 2025, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Councilmembers: NOES: • Charlotte M. Moses, Mayor ATTEST: Sherri Bellard, TRMC City Secretary P.R. No. 24414 6/24/2025 JLH APPROVED AS TO FORM: Roxann Pais Cotroneo City Attorney APPROV idir ADMINISTRATION: Ow , Ronald Burto•, P City Man. :er�. S-tea�a Timot y . Duriso Chief of lice P.R. No. 24414 6/24/2025 JLH EXHIBIT "A" 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: ADDRESS: 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 Division,TCIC Operations PO Box 4143 Austin,TX 78765-4143 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 of 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, 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 od 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 antity 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: User Name: User Phone Number: User Email Address: 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 USER AGENCY PUBLIC SAFETY By: , By: Title: Senior Director Title: Printed Name: Luz Dove Printed Name: