HomeMy WebLinkAboutResolution - 2008-R0353 - Memorandum Of Understanding For Participation In TX Data Exchange (Tdex) - 09_11_2008Resolution No. 2008—RO353
September 11, 2008
Item No. 5.19
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to sign
for and on behalf of the City of Lubbock, a Memorandum of Understanding for participation in
the Texas Data Exchange (TDEx), by and between the City of Lubbock and the Texas
Department of Public Safety, and all related documents. Said Memorandum is attached hereto
and incorporated in this resolution as if fully set forth herein and shall be included in the minutes
of the City Council.
Passed by the City Council this 11th day of September , 2008.
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TOM MARTIN, MAYOR
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Dale Ho ton, Chief of Police
APPROVED AS TO FORM:
Am s As ist orney
gs/ccdocs/LPD Memorandum-TDEx.res
8/26/2008
Resolution No. 2008—RO353
MEMORANDUM OF UNDERSTANDING
BETWEEN TEXAS DEPARTMENT OF PUBLIC" SAFETY AND
FOR PARTICIPATION IN THE TEXAS DATA EYCHAINGE (TDEx)
A. This Memorandum of Understanding (MOU) is entered into by the Texas Department of
Public Safety (hereinafter referred to as the Department) and
T 14 r Lu �pc « Po w c r D e 1),IhTAr,,,T (hereinafter referred to as
"participating agency''), for the purpose of participation in the Texas Data Exchange
(hereinafter referred to as TDEx system).
B. This MOU relates to the TDEx system, whereby participating agencies will submit and/or
retrieve criminal justice incident data and other criminal justice data.
C. Authority for the Department to enter into this MOU: Chapter 411, Texas Government
Cade. The participating agency warrants that it has legal authority to enter into this MOU, for
the specified purposes.
D. The Department will implement, manage and operate the TDEx system as a repository of
criminal justice incident data and other criminal justice data to be shared ,among participating
agencies for criminal justice purposes. The Department will provide the participating agency
with technical assistance for the extraction and submission of relevant incident data from
their automated systems to the TDEx system.
E. The participating agency will submit their criminal justice incident data, and other criminal
justice data as agreed by the Department and the participating agency to the TDEx system.
The participating agency will follow current and future versions of the Criminal Justice
Information System (CJIS) Security Policy, Department policies and procedures regarding
TDEx, andall applicable state and federal laws for the submission, query, and use of all data.
The participating agency will ensure that only authorized persons performing authorized
functions have access to the TDEx system.
F. The TDEx system is designated as a SENSITIVE BUT UNCLASSIFIED system. The
participating agency shall ensure that data entered into the TDEx system is SENSITIVE BUT
UNCLASSIFIED and free of classified National Security Information.
G. Computer security -related incidents and/or violations, as defined by CJIS Security Policy or
DPS policy, must be reported in a timely manner to the Texas Department of Public Safety.
CJIS Information Security Officer (ISO) by the participating agency.
H. The participating agency retains sole o,,Nnership of and sole responsibility for the information
it contributes, including but not limited to, the accuracy of the information. All system
entries will be clearly marked to identify the participating party.
I. Each party to this agreement agrees that it shall have no liability whatsoever for the actions
and/or omissions of the other party'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 lain. Where injury or property damage result from the
,point 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.
J. The Department shall have the authority to inspect and audit the equipment, records and
operation of the participating agency to determine compliance with this agreement, current
and future versions of the CJIS Security Policy, Department policies and procedures
regarding TDEx, and all applicable state and federal laws.
K. The Department reserves the right to immediately suspend or revoke service to the
participating agency when the Department determines this agreement or any applicable state
or federal law, rule, or regulation is violated by the participating agency or an employee of
the participating agency. The Department may reinstate the service upon receipt of
satisfactory assurances that such violations are corrected and measures are taken to prevent
fixture violations by the participating agency. All costs for service reconnection are the
responsibility, of the participating agency.
L. Either the Department or the participating agency may upon thirty (30) days written notice
discontinue service or participation in the TDEx system. The Department shall not be
required to give notice prior to suspending or revoking services as stated above in Paragraph
K.
M. The participating agency agrees to name a TDEx Agency Administrator responsible for:
I . Acting as the single point of contact for TDEx issues,
2. Ensuring compliance with this agreement, current and future versions of the
TDEx Security Policy. Department policies and procedures regarding TDEx, and
all applicable state and federal laws;
3. Authorizing risers from that agency to participate in the TDEx system;
4. Granting users access through the user management tools provided by the
systern;
5. Removing users from the system when they leave the agency or otherwise
become ineligible for access;
6. Ensuring that all users from that agency are trained and informed of policies and
procedures that govern TDEx;
7. Reporting security incidents to the Texas Department of Public Safety CJIS ISO.
cinder Section G, above.
2
N. The participating agency must notify the TDEx System State Administrator immediately
whenever the incumbent TDEx Agency Administrator is replaced by a new person.
IN V4"TTNESS WHEREOF, the parties have executed this MOLT by the signatures of the duly
authorized representative of each on the dates indicated. A photocopy signature is as valid as the
original. This agreement is effective upon the last signature date.
FOR THE PARTICIPATING AGENCY:
signature
Cigrr,--,c or
Title
FOR TEXAS DEPARTMENT OF PUBLIC SAFETY:
'iry 1 .
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signature
Director
Title
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PA (' E 0-0 uro
Print Nam
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Date
Thomas A. Davis. Jr.
Frig[ Narrte
10/29/07
ADDENDUM SIGNATURE PAGE TDEx MEMORANDUM OF UNDERSTANDING
TEXAS DEPARTMENT OF PUBLIC SAFETY
SIGNED THIS 11th DAY OF September , 2008.
CITY OF LUBBOCK, TEXAS:
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Tom Martin, Mayor
ATTEST:
Rebe ;ca Garza, City Secretary
APPROVED AS TO CONTENT:
i
Dale Holton
Police Chief