HomeMy WebLinkAboutResolution - 2012-R0095 - User Agreement - TX DPS - Livescan System - 03_06_2012Resolution No. 2012-R0095
March 6, 2012
Item No. 5.21
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a User Agreement for submission of
electronically reportable arrest and fingerprints to the Texas Department of Public Safety
for the LiveScan system, by and between the Lubbock Police Department and Texas
Department of Public Safety, and related documents. Said Agreement is attached hereto
and incorporated in this Resolution as if fully set forth herein and shall be included in the
minutes of the Council.
Passed by the City Council this March 6 , 2012.
TOM MARTIN, MAYOR
ATTEST:
Rebecca 'arza, City Secretary
APPROVED AS TO CONTENT:
Roger Nis, Chief of Police
APPROVED AS TO FORM:
Amy Sims t City Attorney
UserAgrmnt-l-PD and Tx Dept of Public Safety
12.7.11
Resolution No. 2012—R0095
TEXAS DEPARTMENT OF PUBLIC SAFETY
LIVESCAN USER AGREEMENT
This document constitutes an agreement between the Texas Department of Public Safety and
USER AGENCY
USER CONTACT NAME
USER CONTACT ADDRESS
USER CONTACT PHONE NUMBER
USER CONTACT EMAIL
Lubbock Police Department
Sergeant Robert Ferguson
91.6 Texas Ave. Lubbock TX 79401
806-775-2779
Rferguson c�7r mylubbock.us
a law enforcement agency, hereinafter referred to as the User Agency. This agreement sets forth duties and
responsibilities for both the Texas Department of Public Safety, hereinafter referred to as the Department, and
the User Agency. Failure to abide by the conditions of this agreement may result in the removal of pen-nissions
provided by the Department.
The Department reserves the right to monitor, and limit if necessary, the number of transactions
submitted to the state's Automated Fingerprint Identification System (APIS), as well as those forwarded
to the FBI's Integrated Automated Fingerprint Identification System (IAFIS).
The Department will be the State Administrator of the Store and Forward device used to submit
fingerprint images to the Federal Bureau of Investigation (FBI) and to the Department systems.
The User Agency will submit livescan transactions for criminal justice purposes only. Livescan
submissions to the Department will be limited to criminal justice applicants for the User Agency, arrests
and identification verifications of subjects. The User Agency must continuously submit retainable livescan
submissions in order to be granted or maintain connectivity to the Department.
The Department will work with the User Agency and it's Livescan Vendor, if applicable, to accomplish
connectivity to the Department. The User Agency will only submit transactions to the Department from DPS
tested implementations utilizing devices that appear on the FBI' s IAPIS certified product list,
llttps://www.fbibiospecs.org/IAFIS/Del'ault.aspx. The Livescans must also have Appendix F specifications with
500ppi and ANSUNIST Type 4 fingerprints. The Livescan will connect to the Department in one of three forms:
Direct Connect, Store and Forward via email, or Store and Forward via FTP.
The User Agency shall abide by all laws of the United States and the State of Texas, and shall abide by all
present or hereinafter approved rules, policies., and procedures concerning the collection, storage, processing,
retrieval, dissemination and exchange of criminal justice information. The User Agency shall adhere to the CJIS
Security Policy.
The Department reserves the right to immediately suspend service to the User Agency when applicable policies
are violated. The Department may reinstate service following such instances upon receipt of satisfactory
assurances that such violations have been corrected and measures have been taken to prevent future violations.
Failure to correct such violations could result in cancellation of service. All costs for reconnection of service are
the responsibility of the User Agency. The User Agency may, upon 30 days written notice, discontinue service.
The Department of Public Safety shall have the authority to inspect and audit the equipment, records and
operations of the User Agency to determine compliance with this agreement and all applicable state and federal
laws.
The User Agency agrees to hold harmless 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, arising out of or
involving any negligence on the part of the User Agency or its employees in the exercise of this Agreement, to
the extent permitted by law.
This Agreement will become effective upon receipt by the Texas Department of Public Safety of the signed
agreement.
In WITNESS WHEREOF, the parties hereto caused this Agreement to be executed by the proper officers and
officials.
USER AGENCY
ORI4
Signature: -
Printed Name:p
Title:
Date: z " /f t 2
TEXAS DIPS
Signature. z .
Printed Name:
Title:r3=�C�_
Date:
PLEASE MAIL TO:
DEPARTMENT OF PUBLIC SAFETY
CRIME RECORDS SERVICE
LIVESCAN COORDINATOR
PO BOX 4143
AUSTIN TX 78765-4143
CITY OF LUBBOCK:
Tom Martini, Mayor
ATTEST:
RebecVa Garza, City Secretary
APPROVED AS TO CONTENT:
Rog r Ellis, Chief of Police
APPROVED AS TO FORM -
Assist rt arise