CM-08-04-102CITY MANAGER BLUE SHEET FORMAT
DATE: April 18, 2008
SUBJECT: City Manager Approval
ITEM: Memorandum of Understanding between the Texas Department
of Public Safety (DPS) and the City of Round Rock Police
Department for participation in the Texas Data Exchange (TDEx)
Department:
Staff Person:
Justification:
Police Department
Rick White/Sherrill Voll
The Memorandum of Understanding (MOU) between DPS
and the City of Round Rock Police Department is necessary
for participation in TDEx. TDEx is an online information
service operated by DPS for law enforcement to quickly
submit or retrieve incident data. TDEx provides access to
county jail incarceration records in custody and releases
including photos; multi -jurisdictional reports including
incidents; bookings, and traffic citations; Texas
Department of Criminal Justice prisoner data; DPS Criminal
Law Enforcement Records and Information Systems; and
the DPS Highway Patrol Database.
Funding:
Cost: $0.00
Source of funds: N/A
Background Information: DPS has established guidelines for participants
of TDEx. By signing this MOU, the City of
Round Rock agrees that it will submit police
incident data. The City of Round Rock also
agrees to name a TDEx Agency Administrator
who is responsible for granting users access
and ensuring that all users are properly
trained.
Updated 3-10-05
MEMORANDUM OF UNDERSTANDING
BETWEEN TEXAS DEPARTMENT OF PUBLIC SAFETY AND
CITY OF ROUND ROCK, TEXAS
FOR PARTICIPATION IN THE TEXAS DATA EXCHANGE (TDEx)
A. This Memorandum of Understanding (1\101.:) is entered into b:k the Texas Department of
Public Safety (hereinafter referred to as the Department) and
City of Round Rock, Texas (hereinafter referred to as
"participating agency"). tbr the purpose ofparticipation in the Texas Data Exchange
(hereinafter referred to as TDEx system).
B. This MOU relates to the TDEx system. whereby participating agencies will submit andlor
retrieve criminal justice incident data and other criminal justice data.
C. Authority for the Department to enter into this MOU: Chapter 411. Texas Government
Code. The participating agency warrants that it has legal authority to enter into this MOC for
the specified purposes.
1). 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, and all 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 Infortnation.
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 ownership of and sole responsibility for the intbrmation
it contributes, including but not limited to, the accuracy of the infortnatiom All system
entries will be clearly marked to identify the participating party.
c,m_0(6_,A40a,
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
individuals actions andior omissions occurred, Each party is solely responsible for the
actions andlor 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 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.
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 agreetnent or any applicable state
or federal law, rule, or regulation is violated by the participating agency or an employee of
the participating agency. The Departrnent may reinstate the service upon receipt of
satisfactory assurances that such violations are corrected and measures are taken to prevent
future 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 (":Ii) 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:
1. Acting as the single point of contact for TDEx issues;
?. Ensuring compliance with this agreement. current and future versions of the
IDEx Security Policy. Department policies and procedures regarding TDEx, and
all applicable state and federal laws:
a. Authorizing users from that agency to participate in the TDEx system;
Granting users access through the user management tools provided by the
system;
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 CIS ISO,
under Section G, above.
N. The participating agency must notify the TDEx m State: Administrator immediate')
whenever the incumbent TDEx Agency Administrator is replaced by a new person.
IN WITNESS WHEREOF. the parties have executed this MOt_` 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:
S$gnaturc
City Manager
Title
ATTEST:
Sara L. White, City Secretary
James R. Nuse, P.E.
Priam Nara
Dme
FOR i Y, APPROVED
AS TO FORM:
Stephan . Sheets, City ttorney
FOR TEXAS DEPARTMENT OF PUBLIC SAFETY:
Signature
Director
Tale
Thomas A. Davis
Ptistt �r€ae
10/29/07
Date