Ordinance No. 4,81370924 -9
ORDINANCE NO. 4813
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE. AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH HARRIS COUNTY FOR ACCESS TO AND USE OF
THE SOUTHEAST TEXAS CRIME INFORMATION CENTER;
AUTHORIZING PAYMENT OF THREE THOUSAND AND N01100
($3,000.00) DOLLARS IN CONSIDERATION FOR SUCH ACCESS AND
USE; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City Council of the City of Baytown,
Texas, hereby approves ant' Interlocal Agreement with Harris
County for access and use of the Southeast Texas Crime
Information Center, and authorizes and directs the Mayor and City
Clerk of the City of Baytown to execute and attest to said
agreement. A copy of said agreement is attached hereto, marked
Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: The City Council hereby authorizes payment of
THREE THOUSAND AND N01100 ($3,000.00) DOLLARS to Harris County
for access and use of -the Southeast Texas Crime Information
Center.
Section. 3: This ordinance.shall.take effect immediately
from and after its passage by the City Council of the City of
Baytown..
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 24th day of
September, 1987. .
'EMMETT 0. HUTTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
RANDALL B. STRONG, City orney
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A G R E E M E N T
® THE STATE OF TEXAS §
COUNTY OF HARRIS S
THIS AGREEMENT, made and entered into by and between HARRIS
COUNTY, hereinafter referred to as the "County," acting herein by
and through its County Judge, pursuant to an order duly passed by
the Commissioners Court of the County, and the City of Baytown, a
body politic and corporate, organized and existing by virtue of the
laws of the State of Texas, hereinafter referred to as the
"Participating Agency," acting herein by and through its duly
authorized officers, pursuant to a valid resolution of its
governing body,
W I T N E S S E T H:
WHEREAS, the Sheriff and the Constables of the County in
conjunction with the Justice Information Management System ( "JIMS ")
and the County Data Services Department, as a computer resource
® utility, maintain records of outstanding criminal warrants issued
�1 for the arrest of defendants charged with or convicted of felony
and /or misdemeanor offenses in the County; and
WHEREAS, the County desires to have more of its outstanding
warrants executed by making such warrant information available to
other law enforcement agencies and has implemented a computer
system known as the SouthEast Texas Crime Information Center
( "SETCIC") to accomplish the aforesaid purpose; and
WHEREAS, the Participating Agency desires to improve law
enforcement within its jurisdiction by arresting persons within its
jurisdiction which have outstanding warrants of arrest as contained
in the said computer system; and
WHEREAS, the County and the Participating Agency, pursuant to
the provisions of the Interlocal Cooperation Act, TEX. REV. CIV.
STAT. ANN. art. 4413(32c) (Vernon Supp. 1984), have determined that
it would be in the best interest of the County and the
Participating Agency and the citizens and inhabitants thereof, for
the Participating Agency's law enforcement branch to have access to
® SETCIC for the purpose of storing and retrieving information
regarding outstanding warrants of arrest held by the County, the
Participating Agency and other participants;
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EXHIBIT A
Harris County Standard Form -Full
SETCIC Contract -- Computer -to- Computer
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NOW, THEREFORE, in consideration of the mutual covenants,
agreements and benefits to both parties it is agreed as follows:
® I.
The County agrees to provide the Participating Agency's law
enforcement branch with access to and use of the information
maintained by SETCIC as a full - service participant as said term is
defined in Policies attached, Attachment "A."
II.
The Participating Agency agrees to do the following:
A. Abide by the rules, regulations, policies
and procedures governing SETCIC, having
been promulgated by the JIMS Executive
Board and attached hereto as Attachment
"All .
Upon execution of this Agreement, the County shall furnish the
® Participating Agency's law enforcement branch a list of transaction
SETCIC-- C -T -C; Full, p. 2
B.
Work in concert with other participants in
SETCIC in the service of outstanding
criminal warrants;
C.
Work in concert with the County's JIMS in
maintaining and improving SETCIC;
D.
Provide the necessary hardware and
software to cause its computer to
communicate with SETCIC via the protocol
required by the County; and
E.
Provide the telephone circuits and modems
to communicate with the County's computer
network.
F.
Remit the amount of $3000.00 for annual
access charge. In addition, full- service
participants will be assessed a monthly
fee by invoice amounting to the prevailing
per - warrant fee multiplied by the number
of warrants served or "located" by an
agency other than the agency originating
the warrant plus the prevailing per-
warrant-entered fee (see Attachment "B ").
III.
Upon execution of this Agreement, the County shall furnish the
® Participating Agency's law enforcement branch a list of transaction
SETCIC-- C -T -C; Full, p. 2
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codes and /or system message key mnemonics to enable authorized
employees and agents of the Participating Agency's law enforcement
branch to obtain access to SETCIC and modify or delete its own data
® in SETCIC. The Participating Agency shall provide the County with
a list of names and business addresses of all authorized terminal
operators, computer operators, programmers, administrative staff
and other data processing employees who shall have access to SETCIC
for inquiry purposes only. Access shall be granted to said
authorized persons upon certification of satisfactory completion of
training by the JIMS Training Section as follows:
A. If the communications protocol used by the
Participating Agency causes the Participating
Agency's computer to appear to SETCIC as a 3270 -type
device, unique passwords shall be..assigned to the
appropriate personnel, in addition to the above -
described certification by JIMS.
B. If the communications protocol used by the Par -
ticipating Agency causes the Participating Agency's
computer to appear to SETCIC as a terminal device
similar to the stand -alone devices in use on the
TLETS network, no passwords shall be issued in
addition to the above - described certification by
JIMS.
use of a password for access to SETCIC by any person other than by
the use of his /her own password or use of SETCIC by a person or
persons not certified as trained by JIMS Training Section shall be
grounds for termination of this Agreement pursuant to Paragraph IX
below. The term of this Agreement shall be perpetual, beginning on
the date of execution, which date appears immediately above the
signatures below, and shall remain in force until either party
gives thirty (30) days written termination notice to the other
party or until this Agreement is terminated pursuant to Paragraph
IX below.
IV.
It is expressly understood and agreed that the Participating
Agency's law enforcement branch shall have access only to the
information available to them through the transaction codes and /or
system message key mnemonics provided to them by the County, for
law enforcement purposes only, and to no other computer data
without the express consent of the County. Further, it is
® understood that the dissemination or release of confidential
information to any law enforcement agency, peace officer or
individual shall be governed by local, state and /or federal rules,
regulations, statutes, or judicial decisions.
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® V.
The Participating Agency shall have access to SETCIC twenty-
four (24) hours a day, each and every day of the week. The County
shall not be liable for any inability of the Participating Agency's
law enforcement branch to obtain access due to maintenance, break
downs, and other causes beyond the control of the County. In the
event that the capacity of SETCIC is inadequate to meet the needs
of the Participating Agency and the County, the rights of the
County shall prevail.
VI.
The County does not guarantee the accuracy or timeliness of
the information contained in SETCIC and in the event of mistake or
inaccuracy, the. County shall bear no liability. Further, the
Participating Agency agrees to verify the accuracy of the records
with the office of the appropriate law enforcement agency which has
in its possession the original warrants of arrest. FAILURE TO
VERIFY WITH EACH LAW ENFORCEMENT AGENCY PRIOR TO THE EXECUTION OF
THE WARRANT OF ARREST SHALL BE GROUNDS FOR TERMINATION OF THIS
AGREEMENT. Further, such failure shall relieve the County of any
and all liability which may arise as the result of an inaccurate
and /or incomplete record.
VII.
The Participating Agency hereby agrees that the Participating
Agency is responsible for the acts or failure to act of its
employees, agents or servants in regard to any use (authorized or
unauthorized) of the Participating Agency's terminal and /or printer
by the Participating Agency or any person; provided however, such
responsibility shall be subject to the terms, provisions and
limitations of the Constitution and laws of the State of Texas,
particularly the Texas Tort Claims Act.
VIII.
The Participating Agency agrees to keep the Participating
Agency's terminal and printer functioning at an acceptable level as
determined by the County so as not to interfere with SETCIC.
Failure to do so shall be grounds for termination.
IX.
The County reserves the right to terminate this Agreement
immediately in the event of any or all of the following:
A. Use of the Participating Agency's computer
terminal and /or printer to obtain
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information from SETCIC by any person who
has not been assigned a password, or
otherwise authorized, by JIMS;
B. Any attempt to gain access to information
in SETCIC which is not authorized by JIMS;
C. The event that the computer capacity of
SETCIC is inadequate to meet the computer
needs of both the County and the
Participating Agency and that such
condition continues for a period of thirty
(30) days;
D. Violation of the rules, regulations,
policies and /or procedures established by
the JIMS Executive Board (Attachment A);
E. Failure to remit, upon execution of this
Agreement, the annual and /or monthly usage
fees within thirty (30) days of issuance
of invoice of charges.
The County reserves the right to modify or delete County
information contained in SETCIC and that which is available to the
Participating Agency and /or to change the transaction codes and
programs from time to time. Prior to any change affecting the
Participating Agency the County shall give written notification to
the Director of the law enforcement branch of the Participating
Agency of any such change not less than ten (10) days before said
change shall become effective.
XI.
All notices and communications under this Agreement may be
mailed by certified mail, return receipt requested, or hand
delivered, to the Participating Agency at the following address:
Baytown Police Department
3200 North Main
Baytown, Texas 77521
ATTENTION: R. P. Merchant, Assistant Chief
® All notices and communications under this Agreement may be
mailed by certified mail, return receipt requested, or hand
delivered to the County at the following address:
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Harris County
Justice Information Management System
406 Caroline, e?.rizL�J�
Houston, Texas 77002
ATTENTION: Jimmy Ray, Director
Notices mailed as above shall be deemed given and completed on the
day of deposit in the United States mail.
XII.
This Agreement shall not become effective until it is signed
by both the County and the Participating Agency and approved by the
County's Director of JIMS by signing below the word "Approved"
below the signature line for the County and the Participating
Agency.
XIII.
This instrument contains the entire Agreement between the
parties relating to the rights herein granted and the obligations
herein assumed. Any oral representations or modifications
concerning this Agreement shall be of no force or effect excepting
a subsequent modification in writing signed by all parties hereto.
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CUT 'n duplicate originals on this the
1987.
APPROVED AS TO FORM:
MIKE DRISCOLL HARRIS COUNTY
County Attorney
day -of
B Y /V B
LARRY W. HAYS 9JN LINDSAY, County Judge
Assistant County Attorney
ATTEST:
Secretary
APPROVED AS TO FORM:
Attorney for the City of
Baytown
CITY OF BAYTOWN
[Participating Agency]
By:
Title:
Approved:
Director of JIMS
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ATTACHMENT "A"
SETCIC - PHASE I
POLICIES
I. DEFINITIONS
A. Harris County Agency(ies) or Harris County Funded
Agency(ies)
Refers to agency(ies) within the Harris County govern-
ment structure and /or funded through the Harris County
Commissioners Court, i.e.,
Harris County Sheriff's Office
Harris County District Attorney
Harris County Constable - Precinct 1
Harris County Constable - Precinct 2
Harris County Constable - Precinct 3
Harris County Constable - Precinct 4
Harris County Constable - Precinct 5
Harris County Constable - Precinct 6
Harris County Constable - Precinct 7
Harris County Constable - Precinct 8
B. Non - Harris County Agency(ies) or Non - County Agency(ies)
Refers to a political body not within the Harris County
government structure and or funded through the Harris
County Commissioners' Court, i.e.,
Deer Park Police Department
Katy Police Department
U.S. Marshall's Office
Galveston County Sheriff's Department
Texas Department of Public Safety
C. Full- Service Participants
Refers to duly contracted agency
required annual and monthly fees,
SETCIC systems and files, with
capabilities.
D. Inquiry -Only Participants
having paid all of the
allowed access to all
updated and inquiry
Refers to all agencies allowed access to selected SETCIC
systems and files with query and no update functions,
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upon execution of a user agreement with approval of the
JIMS Executive Board.
II. GENERAL
A. All policies, procedures, and standards will be
derived; issued and enforced by the Harris County
Justice Information Management System (JIMS) Executive
Board.
B. Agencies wishing access to SETCIC will apply to the
JIMS Executive Board for approval and subsequent
contract agreement with the Harris County Commissioners
Court.
C. Failure of any participant to comply with established
policies and procedures will result in immediate
cessation of services and purge of all records from the
data base.
D. All non - Harris County participants will access SETCIC
via DPS Austin Switcher using existing telecommunica-
tions facilities unless approved 3270 -type devices or
computer -to- computer interfaces already exist or are
implemented using direct user funded data lines and
equipment.
E. Data integrity and control will be the responsibility
of the agency initially entering the data.
F. File /record certification /validation procedures will be
established regarding periodic file purges, requiring
authorized signatures of agency heads for certain data
retention.
G. Full- service participants will be assessed an annual
user fee established by the Executive Board.
H. Full - service participants will be billed on a monthly
basis an amount determined by a fixed formula' based
upon warrants served.
I. All entries /inquiries will be automatically logged for
billing and auditing purposes.
J. The JIMS Executive Board may modify these policies at
any time without prior notice given.
K. All reasonable attempts will be made to provide SETCIC
user access twenty -four (24) hours per day, seven (7)
days per week.
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P. Any time the SETCIC and /or back -up computers are
unavailable for usage, automatic responses will be
issued to in- coming requests indicating said condition.
Q. Non- Harris County funded agencies will hold persons
arrested on other agency warrants for a period not to
exceed eight (8) hours after verification of warrant
validity and notifying originating agency that person
is in hand.
R. Non - Harris County funded agencies will allow Harris
County agencies to place persons arrested on a third
agency's warrant in their jail facility after
verification of warrant validity and notification of
originating agency that person is in hand.
S. Non - Harris County funded agencies arresting a person on
a Harris County warrant will upon verification of
warrant validity and notification of appropriate county
agency either:
1. Deliver the person to the downtown jail.
2. Deliver the person to nearest Harris County
jail.
3. Deliver the person to County personnel at a
place and time agreed upon by both parties.
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Scheduled hardware down =time will occur weekly for file
reorganization based upon a day and time determined to
have minimal impact on the user base.
®
M.
Down -time scheduled outside the normal weekly file re-
organizations and unscheduled (emergency) down -time of
an appropriate nature of a period determined in advance
to exceed one (1) hour will result in system services
being resumed on the back -up computer exclusively upon
approval of persons named by the Executive Board and
dependent upon the availability of the back -up
computer.
N.
Until and unless the back -up computer is made totally
dedicated to justice systems, no NCIC inquiries can be
made using direct connected terminals.
0.
Participating agencies not funded by Harris County may
not access TCIC /NCIC via the SETCIC computer system.
P. Any time the SETCIC and /or back -up computers are
unavailable for usage, automatic responses will be
issued to in- coming requests indicating said condition.
Q. Non- Harris County funded agencies will hold persons
arrested on other agency warrants for a period not to
exceed eight (8) hours after verification of warrant
validity and notifying originating agency that person
is in hand.
R. Non - Harris County funded agencies will allow Harris
County agencies to place persons arrested on a third
agency's warrant in their jail facility after
verification of warrant validity and notification of
originating agency that person is in hand.
S. Non - Harris County funded agencies arresting a person on
a Harris County warrant will upon verification of
warrant validity and notification of appropriate county
agency either:
1. Deliver the person to the downtown jail.
2. Deliver the person to nearest Harris County
jail.
3. Deliver the person to County personnel at a
place and time agreed upon by both parties.
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T. Harris County agencies arresting a person on a non -
county agency warrant will upon verification of warrant
vaildity and notification or originating agency either:
1. Deliver the person to originating agency
personnel at a place and time agreed upon by
both parties.
2. Deliver the person to the jail facility of
the nearest participating agency for
originating agency pick up.
III. OPERATIONAL
A. Update and inquiry formats and data content for stand-
alone TLETS connected devices will be as nearly
identical to existing TCIC /NCIC as possible to
facilitate entry /inquiry to SETCIC, TCIC, NCIC in
single operations from the user terminal.
B. Data elements, edit and verifications criteria will be
identical to those used in TCIC /NCIC except where
SETCIC requirements dictate data or edits beyond those
required by TCIC /NCIC. In such cases, SETCIC edit and
verification criteria will prevail.
C. Harris County in -house terminals can access SETCIC with
normal transaction processing methods, i.e., 3270 -type
protocol.
D. Sheriff's /Constable's office warrant system processing
procedures should not change as a result of
implementation of SETCIC. Update of SETCIC will be
automatic with warrant acknowledgement /execution.
E. Periodic reports will be provided indicating error
conditions and records eligible for purge based upon
age or other qualification established by Executive
Board policy.
F. Positive action in the form of record modification to a
verification field will be required to retain records
marked for automatic purge.
G. Each warrant entered will be assigned a unique SETCIC
Identifier (SID) for future record manipulations.
H. Records will be stored in a keyed sequence of the
assigned SETCIC identification number, unique per
record. This is required data on all records
create /update operations.
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I. * Cross - references will be maintained using driver's
license number, social security number, alien
® registration number and JIMS SPN when available or
other identifiers.
J.
Inquiries into the system can be made by name
with or
without identifiers, by SETCIC ID number,
or by
existing cross - reference numbers.
K.
Inquiry can be made using partial key data for
a return
of possible matches. This list would then be
used to
determine the actual key to be used.
L.
Record retrieval for update purposes will
require
SETCIC ID number or exact match of name, race, sex,
date of birth and:
1. Entry Agency Identifier
2. Offense Classification
M.
Initial warrant entry into system will require
as
minimum data:
1. Entry Agency Identifier (ORI)
®
2. Name
3. Race
4. Sex
5. Date of Birth
6. Offense
7. Date of Warrant
8. At least one of the following:
a. TDL number
b. Social Security number
c. Official DPS ID number
d. Alien Registration number
e. Others
N. Upon positive response from SETCIC Inquiry, requesting
agency must immediately confirm with the originating
agency that the warrant is valid and in force.
IV. SECURITY
A. Access to SETCIC files and functions will be limited to
® authorized agencies.
B. Agency identifier will be the TCIC originating agency
identifier.
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I. Hardware housed within the Central Data Processing
facility will be secured under terms of the
aforementioned contract or agreement.
J. No "dial -up" telecommunications access will be
permitted.
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C. JIMS staff will operationally maintain any security
files, programs and reports under.the control of the
Executive Board.
®
D. Agencies will be allowed inquiry, update, or both
functions based upon approval of the Executive Board
only and upon execution of an approved contract with
Harris County. Security profiles will be established
and maintained to disallow unauthorized activity.
E. Sanctions regarding security violations or attempted
unauthorized activity will be established and enforced
by the Executive Board and may include removal of the
participating agency from access of SET_CIC.
F. All entries /inquiries will -be automatically logged for
security auditing purposes. Information captured will
include but not be limited to:
1. Agency identifier
2. Operation
3. Selection information supplied
4. Hit /no -hit information
5. Security breach attempt indicator
6. Date /time
G. No access to the files and /or records of the Harris
County JIMS Criminal or Civil applications will be
allowed via the State network unless specifically
approved by the JIMS Executive Board.
H. Necessary system software and file implementation,
maintenance, and monitoring will be performed by the
personnel of the Central Data Processing Department
Technical Systems Group under specific contract or
agreement with the JIMS Executive Board and
Commissioners Court.
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I. Hardware housed within the Central Data Processing
facility will be secured under terms of the
aforementioned contract or agreement.
J. No "dial -up" telecommunications access will be
permitted.
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ATTACHMENT "B"
SETCIC - PHASE I
FEES
1. Annual participation fee of $3,000.00 if an agency enters
its warrants.
2. Service fee of $.20 per warrant entered during the monthly
period.
3. Monthly service fee of $3.00 per warrant located. (A located
warrant is a warrant entered by Agency A but Agency B
apprehends defendant, verifys warrant and enters a locate.)
The annual fees are returned to the Harris County General Fund
and the monthly fees are placed in a special purpose account
of the JIMS Department budget for exclusive use of hardware- -
upgrades.
4. No annual fee for inquiry only.
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ORDER AUTHORIZING EXECUTION OF SETCIC
® CONTRACT BETWEEN HARRIS COUNTY AND
THE CITY OF BAYTOWN
THE STATE OF TEXAS §
COUNTY OF HARRIS §
st
On this the day of 1987, the
Commissioners Court of Harris County, Texas, being duly convened at
a regular meeting of the Court, upon motion of Commissioner
9—�--seconded by Commissioner duly
put and carried,
It is ORDERED that County Judge Jon Lindsay be, and he is
AMA
hereby authorized to execute an agreement for the services of
SETCIC, between Harris County and the City of Baytown, said
Agreement being incorporated herein by reference for all purposes
as though fully set forth word for word.
Presented To
COMMISSIONERS COURT
®
DATE ------ -S_EP__ 0.1__ 1987
Recorded Vol ---------- Page
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