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HomeMy WebLinkAboutPR 11657: PAWNED PROPERTYinteroffice MEMORANDUM To: From: Date: Subject: Mayor, City Manager, City Council Mark T. Sokolow, City Attorney /tT~.,,Z ~-~~ January 30, 2002 P. R. No. 11657; February 5, 2002 Council Meeting Attached is P. R. No. 11657 pertaining to the authorization of the City Manager to execute an Interlocal Agreement as it pertains to the Pawned Property Information Systems. This was requested by the Police Department. MTS/ts Attachment cc: Chief of Police z.prl1657.memo P. R. No. 11657 01/30/2002 - ts RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT AS IT PERTAINS TO THE PAWNED PROPERTY INFORMATION SYSTEMS WHEREAS, information in regard to pawned property has led to recovery of stolen property, enhanced prosecution of defendants, and return of property to rightful owners; and WHEREAS, thc Jefferson County Sheriff's Department and the Police Departments in Beaumont and Port Arthur wish to bc able to share electronically submitted pawned property records; and WHEREAS, execution ofinterlocal agreements are provided for pursuant to the Interlocal Cooperation Act, Texas Government Code Ann., Section 791.001-791.007. 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 Manager is herein authorized to execute an interlocal agreement in substantially the same form as attached hereto as Exhibit "A" with Jefferson County and the City of Beaumont to provide access to thc computerized pawned property files. z.pr11657 Section 3. That this agreement docs not require the payment of funds. Section 4. That a copy of thc caption of this Resolution be spread upon the Minutes of thc City Council. READ, ADOPTED AND APPROVED on this __ day of A.D., 2002, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: NOES: ATTEST: OSCAR ORTIZ, MAYOR CAROLYN DIXON, CITY SECRETARY APPROVED AS TO FORM: MARK T. SOKOLOW, CITY ATTORNEY APPROVED FOR ADMINISTRATION: STEVE FITZGIBBONS, CITY MANAGER APPROVED BY: JOHN L. TYLER, CHIEF OF POLICE z. pr11657 INTERLOCAL AGREEMENT BEAUMONT/JEFFERSON COUNTY/PORT ARTHUR INTERAGENCY PAWNED PROPERTY INFORMATION AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON This Interlocal Agreement, ("the Agreement") is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County, Texas, ("Beaumont"), the City of Port Arthur, a municipal corporation situated in Jefferson County, Texas, ("Port Arthur"), and Jefferson County (Data Processing Division), a political subdivision of the state of Texas, ("JCDP") pursuant to the Interlocal Cooperation Act, Tex. Gov't. Code Ann. Sec. 791.00 t - 791.027 (Vernon 1996). WITNESSETH Whereas, the Beaumont Police Department ("BPD"), has established a criminal justice information system which contains reports and documents related to pawned property; Whereas, the Port Arthur Police Department ("PAPD") during the course and scope of criminal investigations desires to utilize information contained in the BPD pawned property information systems and to enter pawned property information in the system; Whereas, the City of Beaumont Information Systems Division ("IS") and BPD have established, managed, and operate a computerized pawned property information system at the BPD; Whereas, JCDP and PAPD manage and operate computer systems used by those agencies; Whereas, all parties believe it is in their mutual interest to enter into this Agreement to carry out the exchange of information contained in the BPD pawned property information system; and Whereas, all parties agree to abide by all pertinent federal, state, and local laws and regulations. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1.01 ARTICLE I. The purpose of this Agreement is to allow PAPD, through JCDP, access to review certain pawned property information and enter pawned property information through a computerized information exchange system maintained by the BPD which would enhance the exchange of information, increase the effectiveness and efficiency of criminal justice agencies in Jefferson County, and be of a monetary benefit to all parties. ARTICLE II. 2.01 The term of this Agreement shall be for a period of one (1) year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term, this Agreement shall automatically be extended for one (1) year terms thereafter.. 2.02 Any party may terminate their participation in this Agreement upon thirty (30) days written notice to all other parties. 2.03 IS, with consent of BPD, may unilaterally "disconnect" or stop providing information and access pursuant to this Agreement if IS and BPD determine that there has been a breach in the security of the system or there has been any unauthorized disclosure, dissemination, or distribution of information contained in the BPD pawned property information system by any of the parties or their employees, agents, or by anyone accessing through such parties system. 3.01 ARTICLE III. All parties agree that any information transferred pursuant to this Agreement is NOT CONSIDERED A RELEASE TO THE PUBLIC for purposes of Tex. Local Gov't, Section 552.001, et. seq., but is only a process to allow access of an employee of a governmental agency acting in his/her official capacity to the pawned property information system of BPD. 2 3.02 No information obtained by agents or employees of PAPD pursuant to this Agreement may be released to the public without the prior express written consent of BPD. violations ARTICLE IV. 4.01 To ensure the security of the BPD pawned property information system, IS is hereby designated as the department responsible for supervising performance of this Agreement pursuant to Tex. Local Gov't, Section 791.013. 4.02 IS, in cooperation with BPD, PAPD, and JCDP shall establish user profiles for employees who are to be granted access to the BPD pawned property information system. 4.03 IS shall do any reviews, inspections, examinations, etc., that are necessary to establish that proper security is in place at the PAPD and JCDP to ensure the integrity of BPD's pawned property information system. 4.04 IS shall train or arrange training for any employee who is to be granted access pursuant to this Agreement. No employee of any party to this Agreement may be granted access to the system prior to receiving the training established or arranged by IS. 4.05 IS shall monitor the computer system established pursuant to this Agreement for any breach of security agreements, misuse of the system, or any other actions that may effect the integrity of BPD's pawned property or criminal justice information systems. If any are detected, IS shall immediately report that information to BPD. ARTICLE V. 5.01 BPD shall review any documents requesting security clearances for employees of the PAPD and, if the individual meets standards established by BPD, the employee will be authorized security clearance to BPD's pawned property information system. 5.02 BPD has the sole right to determine the nature and limitations of access to BPD's pawned property information system that is to be granted to any employee of PAPD. 6.01 ARTICLE VI. JCDP will identify the computer devices located at the PAPD or JCDP that are to be 6.02 6.03 6.04 attached to BPD's pawned property information system. Only devices or equipment pre- approved by IS may be attached. No equipment may be attached which is connected to any modems, Internet connections or any devices which would allow third-party or "remote" access to BPD's pawned properS_ information system. JCDP shall establish, in cooperation with IS, secured out queues for printouts at the PAPD. JCDP shall ensure that its' employees are unable to access or secure any information from BPD's pawned property information system. JCDP shall, in cooperation with IS, develop and implement any additional employee restrictions that are necessary to ensure the secure input and exchange of information pursuant to this Agreement. JCDP shall monitor its' employees to determine their compliance with the provisions of this Agreement. JCDP agrees to take any personnel administrative action which is needed to ensure compliance with this Agreement and protect the integrity of the information contained in BPD's pawned property information system. ARTICLE VII. 7.01 The PAPD shall select and designate those employees in its' department who are to have access to BPD's pawned property information system pursuant to this Agreement. Additionally, the PAPD will establish internal regulations regarding the types of inquiries or reports which each employee may conduct or secure. In establishing these standards, PAPD will ensure that employees are allowed access to BPD's pawned property information system only on an "as-needed" basis related to their job tasks or functions. 7.02 The PAPD shall forward to IS and BPD "user profiles" identifying the employee, the access requested for the employee, and reasons for that employee being granted access to BPD's pawned property information system. These "user profiles" shall be forwarded to IS for review and then forwarded to BPD for review and approval. After review and approval, IS will issue a user ID and password to each individual employee. 7.03 The PAPD shall identify specific equipment/devices which are to be used to access BPD's pawned property information system. IS shall inspect and approve those devices prior to their use. Only those devices which have been approved by IS may be used to access BPD's pawned property information system. No equipment may be attached in any fashion to any established computerized information exchange system used pursuant to this Agreement, without prior approval of IS. IS shall have the right to physically inspect the premises where any equipment is located that is to be used in regard to this Agreement on a periodic basis, with reasonable notice to the party responsible for the equipment. 7.04 The PAPD shall ensure that any employee who will be accessing BPD's pawned property information system has received ail scheduled training established or arranged by IS prior to accessing BPD's pawned property information system. 7.05 The PAPD shall immediately report to IS, the termination or resignation of any employee who had been granted access pursuant to this Agreement. The notification is necessary to ensure and maintain the security and integrity of BPD's pawned property information system. 7.06 The PAPD shall ensure that users in its' department do not exchange passwords, leave "signed-on" devices unattended, or release any information obtained pursuant to this Agreement other than for official purposes related to operations of the PAPD. 7.07 The PAPD shall ensure that "spool files" are printed immediately, i.e., all reports generated pursuant to access to BPD's pawned property information system are to be printed. 8.01 ARTICLE VIII. This Agreement may be amended by the mutual agreement of the parties hereto in writing, and any amendment shall be attached to and incorporated into this Agreement. 9.01 ARTICLE IX. In case one or more of the provisions contained in this Agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or enforceability shall not effect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 5 i0.01 ARTICLE X. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement or promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of CITY OF BEAUMONT, TEXAS By: S~eph~n J. l~on~ze ,~ Man~(ge{ ! Date BEAUMONT POLICE DEPARTMENT By: ~,. . ., ~ Tom Scofield,~i~ of Police Date ,20 Earl GrilYi~h', Jr. County~-udge Date CITY OF PORT ARTHUR, TEXAS By: Steve Fitzgibbons, City Manager Date PORT ARTHUR POLICE DEPARTMENT By: John Tyler, Police Chief Date 6