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R-04-11-09-10E1 - 11/9/2004 RESOLUTION NO. R-04-11-09-10131 WHEREAS, Chapter 791 of the Texas Government Code, V.T..C.A. , authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Agreement for Round Rock Police Department Connectivity to Austin Police Department Automated Palm and Fingerprint Identification System (APFIS) to connect and share identification database information, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City said Agreement, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of November, 2004 . N W ELL, Mayor A EST: Cit Rock, Texas CHRISTINE R. MARTINEZ, City Seetary @PFDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R41109EI.WPD/sc AGREEMENT FOR ROUND ROCK POLICE DEPARTMENT CONNECTIVITY TO AUSTIN POLICE DEPARTMENT AUTOMATED PALM AND FINGERPRINT INDENTIFICATION SYSTEM (APFIS) This agreement is entered into by and between the following parties:the City of Austin,a Home Rule City primarily located in Travis County,Texas,hereinafter refer � red to as "City',and Round Rock Police Department,a Home Rule City primarily located in Williamson County,Texas, hereinafter referred to as "Round Rock PD". WHEREAS, the City currently operates an Automated Palm and Fingerprint System (APFIS) in the Austin Police Department(APD) for identification processes involved in the booking and criminal justice system;and WHEREAS,the City and Round Rock PD have each determined that it would be mutually advantageous for the Round Rock Police Department to connect to the City's APFIS,to enter its fingerprint and palm print records into the APFIS database,and to search the database for matches; NOW,THEREFORE, for and in consideration of the mutual promises and agreements contained herein,and other good and valuable consideration,the City and Round Rock PD agree as follows: SECTION 1. ROUND ROCK POLICE DEPARTMENT RESPONSIBILITIES (1) nnectivi . Round Rock PD will furnish and maintain the communication line from the APD to the Round Rock Police Department. (2) SWpQ . (a) Round Rock PD will provide 24-hour contacts for both the IT Section and the ID Section. (b) Round Rock PD will be available on a 24-hour basis to assist with any issues that affect the operations of the system (3) Hardware and Software. (a) Round Rock PD will purchase the workstation and any necessary peripherals,at its expense. (b Round Rock PD will establish and purchase any necessary interfaces from existing Identix Live Scan systems to APD's Cogent APFIS system. (c) Round Rock PD will maintain a maintenance agreement that is commensurate with APD's maintenance agreement. (d) Round Rock PD will report any system problems to APD to determine if the problem is a local or system issue. If it is determined that the problem is a local EXHIBIT 00076044.doc c problem,Round Rock PD will contact Cogent for service assistance, at Round Rock PD's expense. (e) Round Rock PD will have a backup plan for those records not entered into the system electronically while the system is not functioning. All records not sent electronically during down time will be entered at a later time by Round Rock PD. (4) OMrations. (a) Round Rock PD will submit all 10 print cards resulting from arrests in Round Rock,but not entered by the Williamson County Sheriff's Department,to the APD Cogent database. (b) Round Rock PD will submit to the APD Cogent database the palm prints of those individuals arrested for the following crimes: @ all felony crimes;and (ii) all burglary and theft related offenses. (c) All searches will be returned to the Round Rock PD ID section for verification. (d) Round Rock PD will utilize its SID number for identification of its records. (e) Only APD personnel will be authorized to delete records from the database. (0 Round Rock PD will forward any necessary deletions or expunction of records to the APD Crime Records Section representative in writing. (5) User Qualifications. (a) Round Rock PD will insure that all personnel utilizing the search capabilities of the system: (r) for known 10 print and palm print searches will be trained and proficient in ink print comparison;and (u� for latent prints and palm prints will be trained and proficient in the field of latent prints. (b) Round Rock PD agrees that an identification made on a latent print in the system must be verified by second examiner before the identification is verified on the system. (c) Round Rock PD agrees that City may restrict Round Rock PD's access to the database if Round Rock PD fails to utilize qualified personnel,or if substandard worm product is being experienced,and the issues are not remediated in a timely manner,not to exceed 30 days,to the City's satisfaction. SECTION 2. CITY RESPONSIBILITIES (1) -C-brinectivity. City will furnish the security hardware,e.g.firewalls for the interagency connection. (2) Su pQ. (a) City will maintain the security of the system (b) City will provide Round Rock PD with a 24-hour contact for problems. (3) Hardware. (a) If a problem is reported to City,and City determines it is a system problem, City will contact Cogent for service assistance, at City's expense. 2 (b) Qty will attempt to keep any system down time to a minimum. If the system is to be down for longer than 4 hours,the Round Rock PD contact will be notified. SECTION 3. COSTS Each party will pay its own costs and expenses in performing its responsibilities under this Agreement.Each party must make these payments using current revenues. SECTION 4. EFFECTIVE DATE TERM OF CONTRACT,AND TERMINATION This Agreement takes effect when signed on behalf of both parties,and shall remain in effect for an initial term to expire on September 30,2005. This Agreement shall automatically renew annually,on October I of each successive year,for up to 4 years,unless terminated by either party by written notice given at least sixty(60) days prior to the end of each contract year. Either party may terminate this contract in its entirety for convenience by giving the other notice of intent to terminate.After the notice is received,the parties shall negotiate in good faith the terms and effective date of the termination. In any event,however,this contract terminates 60 calendar days after a party receives the notice of termination. SECTION 5. RELATIONSHIP OF PARTIES,AND LIABILITY City and Round Rock PD are associated only for the purposes and to the extent set forth herein. Nothing contained herein shall be deemed or construed to create a partnership or joint venture,or to create the relationship of employer-employee or of principal-agent. No party to this Agreement will be responsible for the acts or omissions of an employee of another party except as may be decreed against that party by a judgment of a court of competent jurisdiction. It is expressly understood and agreed that by executing this Agreement no party waives,nor shall be deemed to have waived, any immunity or defense otherwise available to it under the law. This Agreement is not intended,nor shall it be construed,to confer any benefits,rights or remedies upon any person or entity not a party hereto. SECTION 6. ASSIGNMENT AND SUBCONTRACTING Round Rock PD may not assign its rights or subcontract its duties under this contract without the prior written consent of City. An attempted assignment or subcontract in violation of this paragraph is void. SECTION 7. DISPUTE RESOLUTION The parties desire to resolve disputes arising under this contract without litigation. Accordingly,if a dispute arises,the parties agree to attempt in good faith to resolve the dispute 3 between themselves. To this end,the parties agree not to sue one another until they have exhausted the procedures set out in this section. At the written request of either party, each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location,format,frequency, and duration of the negotiations. If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting,the parties agree to refer the dispute to the Dispute Resolution Center of Austin for mediation in accordance with the Center's mediation procedures by a single mediator assigned by the Center. Each party shall pay half the cost of the Center's mediation services. The parties agree to continue performing their duties under this contract,which are unaffected by the dispute,during the negotiation and mediation process. SECTION 8. SUSPENSION FOR INAVAILABILITY OF FUNDS This Agreement is to be contingent upon approval and appropriation by the parties of sufficient funds in their respective operating budgets for each party's fiscal year under this Agreement. In the event that such funding is not appropriated and approved,this Agreement will terminate automatically on the last day in the fiscal year for which sufficient funds were budgeted and appropriated for this Agreement,provided that any such action or termination due to non- appropriation of funds will not be construed as a default under this Agreement. The parties agree to give the other party at least 90 days advance written notice of termination under this provision. SECTION 9. NOTICE TO PARTIES Notice to be effective under this contract must be in writing and received by the party against whom it is to operate.Notice is received by a party: (I) when it is delivered to the party personally-,P) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested,to the party's address specified below,and signed on behalf of the party,or (3) three business days after its deposit in the United States mail,with first-class postage affixed, addressed to the party's address specified below. Chief of Police 615 E.Palm Valley Blvd Round Rock,Texas 78664 Chief of Police 715 E. 8t`Street Austin,Texas 78701 section.A party may change its address by providing notice of the change in accordance with this 4 SECTION 10. MISCELLANEOUS Each individual signing this contract on behalf of a party warrants that he or she is legally authorized to do so and that the party is legally authorized to perform the obligations undertaken. This contract states the entire agreement of the parties,and an amendment to it is not effective unless in writing and signed by all parties. This contract is executed in duplicate originals. CITY OF AUSTIN CITY OF ROUND ROCK BY gy Stanley L.Knee Nyle Maxwell Chief of Police Mayor Date Date 5 DATE: November 4, 2004 SUBJECT: City Council Meeting - November 9, 2004 ITEM: 10.E.1. Consider a resolution authorizing the Mayor to execute an Agreement for Round Rock Police Department Connectivity to Austin Police Department Automated Palm and Fingerprint Identification System. Department: Police Department Staff person: Bryan Williams, Police Chief Justification: Approving this agreement will allow the Police Department to gain the most benefit possible from this new system. Funding• Cost: N/A Funding source: N/A Outside Resources: N/A Background information• A majority of the crimes committed in Round Rock are committed either by residents or those who live in the general Central Texas region. Earlier this year, the Police Department used grant funds to purchase an Automated Palm and Fingerprint Identification System (APFIS). This system will allow crime scene personnel to enter latent prints from crime scenes and match them against other crimes or against suspects for whom the Department has prints. Entering into this interlocal agreement allows the Department to extend this capability further by sharing information with Austin Police Department's APFIS system. The Department anticipates APFIS will significantly improve the Department's ability to successfully close cases. The Department anticipates another such agreement in the future with the Williamson County Sheriff's Office. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS AGREEMENT FOR ROUND ROCK POLICE DEPARTMENT CONNECTIVITY TO AUSTIN POLICE DEPARTMENT AUTOMATED PALM AND FINGERPRINT INDENTIFICATION SYSTEM (APFIS) This agreement is entered into by and between the following parties:the City of Austin,a Home Rule City primarily located in Travis County,Texas,hereinafter referred to as "City",and Round Rock Police Department,a Home Rule City primarily located in Williamson County,Texas, hereinafter referred to as "Round Rock PD". WHEREAS, the City currently operates an Automated Palm and Fingerprint System (APFIS) in the Austin Police Department(APD)for identification processes involved in the booking and criminal justice system;and WHEREAS,the.City and Round Rock PD have each determined that it would be mutually advantageous for the Round Rock Police Department to connect to the City's APFIS,to enter its fingerprint and palm print records into the APFIS database,and to search the database for matches; NOW,THEREFORE,for and in consideration of the mutual promises and agreements contained herein,and other good and valuable consideration,the City and Round Rock PD agree as follows: SECTION 1. ROUND ROCK POLICE DEPARTMENT RESPONSIBILITIES (1) Connecti ' Round Rock PD will furnish and maintain the communication line from the APD to the Round Rock Police Department. (2) Sup (a) Round Rock PD will provide 24-hour contacts for both the IT Section and the ID Section. (b)Round Rock PD will be available on a 24-hour basis to assist with any issues that affect the operations of the system (3) Hardware and Software. (a) Round Rock PD will purchase the workstation and any necessary peripherals,at its expense. (b Round Rock PD will establish and purchase any necessary interfaces from existing Identix Live Scan systems to APD's Cogent APFIS system (c) Round Rock PD will maintain a maintenance agreement that is commensurate with APD's maintenance agreement. (d) Round Rock PD will report any system problems to APD to determine if the problem is a local or system issue. If it is determined that the problem is a local P-04-11-09�n � problem,Round Rock PD will contact Cogent for service assistance,at Round Rock PD's expense. (e) Round Rock PD will have a back-up plan for those records not entered into the system electronicallywhile the system is not functioning. All records not sent electronically during down time will be entered at a later time by Round Rock PD. (4) Qperations. (a) Round Rock PD will submit all 10 print cards resulting from arrests in Round Rock,but not entered by the Williamson County Sheriff's Department,to the APD Cogent database. (b) Round Rock PD will submit to the APD Cogent database the palm prints of those individuals arrested for the following crimes: @ all felony crimes;and (n) all burglary and theft related offenses. (c) All searches will be returned to the Round Rock PD ID section for verification. (d) Round Rock PD will utilize its SID number for identification of its records. (e) Only APD personnel will be authorized to delete records from the database. (f) Round Rock PD will forward any necessary deletions or expunction of records to the APD Crime Records Section representative in writing. (5) User Qgglifications. (a) Round Rock PD will insure that all personnel utilizing the search capabilities of the system: () for known 10 print and palm print searches will be trained and proficient in ink print comparison;and (iii) for latent prints and palm prints will be trained and proficient in the field of latent prints. (b)Round Rock PD agrees that an identification made on a latent print in the system must be verified by second examiner before the identification is verified on the System. (c) Round Rock PD agrees that City may restrict Round Rock PD's access to the database if Round Rock PD fails to utilize qualified personnel,or if substandard work product is being experienced,and the issues are not remediated in a timely manner,not to exceed 30 days,to the City's satisfaction. SECTION 2. CITY RESPONSIBILITIES (1) Connectivity. City will furnish the security hardware,e.g.firewalls for the interagency connection. (2) S=o . (a) Citywill maintain the securityof the system (b) City will provide Round Rock PD with a 24-hour contact for problems. (3) ware. (a) If a problem is reported to City,and City determines it is a system problem,City will contact Cogent for service assistance,at City's expense. 2 (b) City will.attempt to keep any system down time to a minimum If the system is to be down for longer than 4 hours,the Round Rock PD contact will be notified. SECTION 3. COSTS Each parry will pay its own costs and expenses in performing its responsibilities under this Agreement.Each party must make these payments using current revenues. SECTION 4. EFFECTIVE DATE.TERM OF CONTRACT,AND TERMINATION This Agreement takes effect when signed on behalf of both parties,and shall remain in effect for an initial tern to expire on September 30,2005. This Agreement shall automatically renew annually,on October 1 of each successive year,for up to 4 years,unless terminated by either party by written notice given at least sixty(60) days prior to the end of each contract year. Either party may terminate this contract in its entirety for convenience by giving the other notice of intent to terminate.After the notice is received,the parties shall negotiate in good faith the terms and effective date of the tennination. In any event,however,this contract terminates 60 calendar days after a party receives the notice of termination. SECTION 5. RELATIONSHIP OF PARTIES,AND LIABILITY City and Round Rock PD are associated only for the purposes and to the extent set forth herein. Nothing contained herein shall be deemed or construed to create a partnership or joint venture,or to create the relationship of employer-employee or of principal-agent. No party to this Agreement will be responsible for the acts or omissions of an employee of another parry except as may be decreed against that party by a judgment of a court of competent jurisdiction. It is expressly understood and agreed that by executing this Agreement no partywaives,nor shall be deemed to have waived,any immunity or defense otherwise available to it under the law. This Agreement is not intended,nor shall it be construed,to confer any benefits,rights or remedies upon any person or entity not a party hereto. SECTION 6. ASSIGNMENT AND SUBCONTRACTIN(; Round Rock PD may not assign its rights or subcontract its duties under this contract without the prior written consent of City. An attempted assignment or subcontract in violation of this paragraph is void SECTION 7. DISPUTE RESOLUTION The parties desire to resolve disputes arising under this contract without litigation. Accordingly,if a dispute arises,the parties agree to attempt in good faith to resolve the dispute 3 e between themselves.To this end,the parties agree not to sue one another until they have exhausted the procedures set out in this section. At the written request of either party,each party shall appoint one nonlawyer representative to negotiate informally and in good faith to resolve any dispute arising under this contract. The representatives appointed shall determine the location,format,frequency,and duration of the negotiations. If the representatives cannot resolve the dispute within 30 calendar days after the first negotiation meeting,the parses agree to refer the dispute to the Dispute Resolution Center of Austin for mediation in accordance with the Centers mediation procedures by single mediator assigned bythe Center. Each partyshall payhalf the cost of the Center's mediation services. t The parties agree to continue performing their duties under this contract,which are unaffected by the dispute,during the negotiation and mediation process. SECTION 8. SUSPENSION FOR UNAVAILABILITY OF FUNDS This Agreement is to be contingent upon approval and appropriation bythe parties of sufficient funds in their respective operating budgets for each party's fiscal year under this Agreement. In the event that such funding is not appropriated and approved,this Agreement will terminate automatically on the last day in the fiscal year for which sufficient funds were budgeted and appropriated for this Agreement,provided that any such action or termination due to non- appropriation of funds will not be construed as a default under this Agreement. The parries agree to give the other party at least 90 days advance written notice of termination under this provision. SECTION 9. NOTICE TO PARTIES Notice to be effective under this contract must be in writing and received bythe party against whom it is to operate.Notice is received by a party.(1)when it is delivered to the party personally, (2) on the date shown on the return receipt if mailed by registered or certified mail, return receipt requested,to the partys address specified below,and signed on behalf of the party;or (3)three business days after its deposit in the United States mail,with first-class postage affixed, addressed to the party's address specified below. Chief of Police 615 E.Palm Valley Blvd Round Rock,Texas 78664 Chief of Police 715 E. 8`�Street Austin, Texas 78701 A party may change its address by providing notice of the change in accordance with this section. 4 e SECTION lo. MISCELLANEOUS Each individual signing this contract on behalf of a party variants that he or she is legally authorized to do so and that the party is legally authorized to perform the obligations undertaken. This contract states the entire agreement of the parties,and an amendment to it is not effective unless in writing and signed by all parties. This contract is executed in duplicate originals. QTY OF QTY OF ROUND ROCK By By Staell Chief of Police Mayor Date �J L/ Date�09- OL 5