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HomeMy WebLinkAboutResolution 5729 RESOLUTION 5729 . CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA A RESOLUTION AUTHORIZING THE POLICE DEPARTMENT TO ENTER INTO A USER AGREEMENT WITH THE DEPARTMENT OF PUBLIC SAFETY FOR ACCESS TO THE MINNESOTA REPOSITORY FOR ARREST PHOTO DATABASE WHEREAS, the Department of Public Safety (DPS) maintains a web-based database of photographs of arrested persons through the Bureau of Criminal Apprehension (BCA); WHEREAS, access to this database is offered to law enforcement agencies at no cost; WHEREAS, the DPS requires interested agencies to enter into a user agreement that sets forth guidelines and restrictions pertaining to dissemination of information gathered through this site; WHEREAS, assess to Minnesota Repository of Arrest Photos (MRAP) could prove to be beneficial during any investigation where identification of a suspect is at issue; WHEREAS, to access and participate in the MRAP database, a municipality's Chief Law Enforcement Officer must enter into a user agreement, drafted and provided by the State Attorney General's Office; .OW, THEREFORE, BE IT RESOLVED that the City Council for the City of Mounds View authorizes the Acting Police Chief for the Mounds View Police Department to enter into a user agreement with the DPS allowing the police department access to the MRAP database. SEAL Adopted this 25th day of March 2002. .-...~~ Richard Sonterre, Mayor . / -<>;./j ''--") -i \ J.e. \. \ Attest: Kathleen Miller, City Administrator Motion: Marty Second: Quick Sonterre: Aye Stigney: Aye Thomas: Aye Marty: Aye .UiCk: Aye . . . ST A TE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY MINNESOTA REPOSITORY OF ARREST PHOTOS ACCESS AGREEMENT # According to Minnesota Statute 471.59., Subd. 10, this Joint Powers Agreement is entered into on c)..3 ',;{_5-- (~t':?;z, by and between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension. Criminal Justice Intormation System Section, ("DPS") and City of Mounds View, Police Department, 2401 County Hil!hwav 10, Mounds View, MN 55112 a Minnesota Criminal Justice Agency as defined in Minnesota Statute, Chapter 299C.46, Subdivision 2, ("Agency"). This agreement details the obligations and requirements placed on the Agency that is connected to the State's Criminal Justice Data Communication Network and who will have access to the Minnesota Repository of Arrest Photos ("MRAP") or may acquire MRAP information through a third party who has direct access to the MRAP through the Criminal Justice Data Communication Network. The DPS is the organization set fOlih by Minnesota Statute as being responsible for the administration and operation of the State's MRAP. I) With respect to MRAP infonnation and related information as maintained and/or provided by DPS, it is agreed that: A) DPS will furnish to an Agency, via a web interface, such information as is available from the MRAP. No Agency will furnish to a non-criminal justice entity any information from the MRAP. Non-criminal justice entities must be refelTed to the originating agency for dissemination of information contained in the MRAP. B) The OPS reserves the right to suspend ti.lrnishing MRAP information to an Agency when any rule, policy, or procedure has been or appears to have been violated. DPS may reinstate the furnishing ofMRAP information upon receipt of satisfactory assurances that such violation did not occur or has been corrected. C) Reports and other hard copy products containing MRAP information are to be outputted only on printers within the Agency. All MRAP output documents must be transpotted, handled. and stored only by Authorized Employees. The Agency is responsible for the correct and kgal dissemination and use of all data and records it receIves. D) All transactions with the MRAP will be logged by DIlS. DPS will maintain these logs for at least one year ti'om the date of the transaction. E) An individual's right to review and chalknge of his/her own record is an integral part of the system. Appropri- ate identification. including tingerprinting, of the individual may be required before any MRAP information can be disseminated to the individual. The originating agency may verify tingerprints associated with the record 011 till' are those of the individual to veritY heishe is who they purport to be. P:;;<I" I ni' (, . . . II) PERSONNEL: A) The Agency will make criminal history checks on all Agency employees that will have access to MRAP information. An Agency employee who is not cleared must not have access to the MRAP infomlation, only Authorized Employees will have access to MRAP information. B) All personnel who have access to any of the interconnect equipment must be screened under the authority and supervision of the criminal justice agency. This screening will also apply to all maintenance personnel, contract technical personnel, and all other individuals having unescorted access to any of the interconnected equipment. C) The criminal justice agency may promulgate policies and procedures directed toward protection, security and disscmination of the data. D) [n the event of an emergency related to an individual's health or well being, those persons answering the emergency :;;all must be accompanied by an Authorized Employee if the event is located in an area where security of the Criminal Justice Data Communication Network and its associated data system could be compromised. E) Casual visitors or tl:iose on tour of the Agency in areas where the equipment is located must be escorted by an Authorized Employee responsible for their presence at all times. F) The Agency agrces to initiate, at the request of State, disciplinary action up to and including termination of personnel having access to MRAP systems where such persons violate the provisions of this agreement or other security requirements established for the collection, storage, or dissemination of MRAP infonnation. The Agency will assist in the criminal prosecution of such individuals when Federal or State laws have been violated. G) Personnel a'isigned by the Agency receiving MRAP information will be provided system training by the DPS. Training may be in the form of a formal class, computer based training or self-study guide. H) DPS will provide documentation andior manuals on the correct use of the MRAP for users. The Agency must disseminate the documentation or manuals to all of their employees who utilize the MRAP. This documentation andior manuals are to be maintained in a secure manner by the Agency. 1II) EQUIPMENT A) Only terminals. printers, computers, and associated equipment approved by DPS may be connected to the Criminal Justice Data Communication Network (eJON) by the Agency. (Note: this does not include tenninal equipment on the agency's end of their computers.) B) No cquipnwnt, including terminals and printers on the Agency's end of their computers. may be added to the CJDN without the express permission of DPS. IV) DATA/I;\FORiVlATION: A) The accesscs the /\gency will be allowed will be determined by DPS and the Agency. The Agency may request ad(hiol1al accesses. The Agency agrees that the decision of DPS as to what inl(mnation will be made <l\'ailablc to the Agency is linal. P~lP(' 1 Ilf'r, . . . B) If the Agency enters data and infonnation into the MRAP, the Agency will have sole responsibility for the accuracy, completeness and timeliness of it. C) Data and information that the Agency receives fi'olll the MRAP must be verified with the originating agency before acting upon it. D) The Agency must abide by the Minnesota Data Practices Act and applicable Federal Statutes in their access. use, storage and dissemination of all data and information entered into or received from the MRAP. V) COSTS: A) Network communication line costs fall under the CJDN Access Agreement. B) All maintenance costs for Agency owned equipment is the responsibility of the Agency. VI) ADDITIONAL TERMS: A) All electronic equipment that is interconnected to the Criminal Justice Data Communications Network must have adequate physical security to protect against any unauthorized personnel gaining access to the computer equipment or to any of the stored data. This includes equipment provided by DPS, the Agency, or acquired Ii'om any other source. Failure by the Agency to provide adequate security will warrant the removal of the equipment from accessing the MRAP and DPS' CJDN network. B) All rooms containing interconnected equipment must remain lockcd from exterior entry at all times. C) Tampering with, or attempting to compromise security is to be regarded as a serious offense that will result in disciplinary action being taken by the Agency. D) Without the express written approval of the DPS to the contrary, all the hardware between the DPS' CPU and the uscr's equipment must be dedicatcd to criminal justice operations and cannot be shared or used for other purposes. E) Then: can be no "dial-in" lines into the Agency's Multiple Access Computer unless that access conforms to the DPS' Security Policy as outlined in the CJDN Access Agreement. F) Changes to this agreement may be introduced by either the DPS or the Agency. The modifications will not become effective until an addendum to this agreement or amendment to this agreement is titlly executed. G) This agreement will become effective on March 15.211112, or upon the date that the final required signature is obtained by the DPS, pursuant to Minn. Stat. ~ 16C.05, Subdivision 2. whichever occurs later, and shall rcmain in effect until March 14,2007, or until all obligations set forth in this agreement have been satislactorily fullillecl or the agreement has been canceled. whichcver happens first. I-I) Both DPS and the Agency may, upon 90 days written notice, terminate this agreement. I) .l'he cost of all facilities. devices or equipment set lorth in this agreement which contributes to the security and sakty ofrhe CJIS System within the Agency is the responsibility of the Agency. p:ll.r(' i j)~' fl . . . 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'() . . . B) Criminal Justice Agency. This will have the same meaning as contained in Minnesota Statute, Chapter 299C.46, Subdivision 2, or subsequent State law or regulations which may supersede Minnesota Statute, Chapter 299C.46, Subdivision 2. C) MRAP information. The digital images and corresponding data elements transmitted to the MRAP database. D) Criminal Justice Data Communication Network. The network, including the equipment, circuits, facilities, procedures, agreements, and organizations thereot: for the collection, processing, preservation, or dissemination of criminal justice infonnation, and may include related systems that directly contribute to the criminal justice information system. E) Authorized Access Device. A device in a user agency which, by virtue of a signed contract with Department of Public Safety, is allowed access to the criminal justice information systems. F) Casual Visitors. Persons who have irregular access to the Data Center. G) Computer Center. The specific location(s) of all computers and associated equipment including tenninals and printers upon which criminal justice infonnation is processed. 1-1) Data Center. The total physical space(s), inclusive of the computer center, where criminal justice information systems are developed, maintained, or operated. I) Management Control. The authority to set and enforce standards for the selection and termination of personnel, and for policy governing the operation of computers, telecommunications devices, and circuits used to process criminal justice information insolar as the equipment is used to process, store, or transmit the information. Management control includes the supervision of the systems design, programming, and operating procedures tor the development, modification, maintenance, and processing of computerized criminal justice in formation either as a function by itself or with other non-criminal justice applications. J) Multiple Access Computer. An electronic device that has multiple input and/or output units such as terminal and printers, or is attached to or part of a network that has multiple devices or computers on it. This docs not include stand alone micro computers. K) NCIC (National Crime Intormation Center). A division ofthe Federal Bureau of Investigation of the LJ .S. Department of Justice which maintains a nationwide computerized information system established as a service to all criminal justice agencies - local. state, and federal. NCIC's main purpose is to assist the criminal justice organizations in performing their duties by providing a computerized filing system of accurate and timely doculllented infc.)r[l1ation, readily available to each criminal justice organization. L) NLETS (National Law Enforcemcnt Telccommunications System). ;\ILETS is an incorporated, non-profit organization whose purpose is to provide a nationwide criminal justice data communications systcm. M) Permanent Visitors. Persons having regular access to thc Data Center but who are not Authorized Employees. This term shall include contract and vendor personnel who have access to the Data Center. IX) ACKNOWLEDGMENT: ;\s the individuai responsible ti)!' the Agency. [ hereby acknowledge the rcsponsibilities and duties as set torth in this agreement as \\e11 as those documents incorporated by rekrence. I acknowledge that these responsibilities and duties \\erL' devciopL'd and implemented to ensure the reliability. cont.identiaiity. accuracy. timeliness and completeness of P:\\II~ .::; nt' (, . . . By: MRAP information. I further ac' will subject this Agency to v oe that failure of this Agency to comply with these duties and responsibilities s including the tennination of access to MRAP infommtion. 1, AGENC AGENCY this agre applicab ppropriate person(s) have executed of the AGENCY as required by aws, resolutions, or ordinances. Title: 0\C!~'I. c (' Date: '1 f tft- B /' '.1' 12 y: LG\.,L-U(.f)-I(,~ "O/\s., \A..\.-u.<-'V-, ,-.., Title: CW-t:''"''t ~ p( \,~<< C'^-\-'<.-\: Date 31 &1: aoo:2- 4. ATTORNEY GENERAL Approved to sign on behalf of the attorney general as to form and execution: I By Date: P;jlll' () (,I'{, 2. DEPARTMENT OF PUBLIC SAFETY (with delegated authority) By: Title: Date 3. DEPARTMENT OF ADMINISTRATION By: Date: