Resolution 5729 - Laserfiche WebLink

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. . . J) The Agency agrees that designated DPS employees will have the authority to audit. monitor, and inspect all procedures and facilities established pursuant to this agreement. This will include DPS' right to attempt to breach Agency's security as it relates to the provisions of this agreement. K) The Agency shall indemnifY, save and hold the DPS, its representatives and employees harmless from any and all claims or causes of action, including all attorneys' fees incurred by the DPS, arising from the perfonnance of this agreement by the Agency or Agency's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies the Agency may have for the DPS' failure to fulfill its obligations pursuant to this agreement. The Agency's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.0 1-466.15 and other applicable law. L) The DPS and the Agency will abide by all present and future rules, policies, and procedures adopted by the DPS or the NLETS Board of Directors, or as approved by the FBI-NCIC Policy Board and adopted by FBI- NCle. DPS will propose no changes in the rules, policies, and procedures adopted by it without notice to all agencies and provision of a 30 day period in which an agency can submit written comments to the DPS. M) An Agency that provides MRAP access and/or services to another agency must have a written agreement with that agency. The Agency must provide a copy of the agreement and any amendments to DPS. This does not prohibit the Agency from providing information, on a one-time basis per case, to another Law Enforcement Agency who is conducting an investigation in the Agency's jurisdiction. N) The books, records, documents and accounting procedures and practices of the Agency and its employees, agents or subcontractors relevant to this agreement shall be made available and subject to examination by the DPS. including the contracting AgencyIDivision, Legislative Auditor, and State Auditor for a minimum period of six years from the end of this agreement. VII)MANAGEMENT CONTROL: (fthe Agency does not own and/or operate their own equipment, they must have a Management Control Agreement with the entity providing the service which at a minimum must includes the following: A) The ahility of the Criminallustice Agency to set and enforce priorities for the system usage, which includes the Criminallustice Data Communication Network functions having the highest priority on the system. B) The Criminal Justice Agency will have the right to screen and reject for employment in areas \vhere the equipment is located or the system is maintained, all persons who do not meet the security screcning req u i rements. C) The entity providing service to the Criminallustice Agency will agree to and abide by all the requirements of the MRAP Access Agreement and all of its amendments and successors. VIII) DEFINITIONS: A) Authorized Employee. An employee who has been granted clearance by the Agency thereby allowing access to ;'vIRAP inflmnation. 'The Agency in granting the c1earancc must have donc a criminal history check on the employee. P:l\il"'.l ni'()