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HomeMy WebLinkAboutJPA - Arrest Photos STATE 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 by and between the State of Minnesota, acting through its Commissioner of Public Safety. Bureau of Criminal Apprehension, Criminal Justice Information System Section, ("DPS") and the City of Prior Lake, Police Department, 16200 Eagle Creek Avenue SE, Prior Lake, MN 55372, 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 organi7afion set forth by Minnesota Statute as being responsible for the administration and operation of the State's MRAP. I) With respect to MP, AP information 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 referred to the originating agency for dissemination of information contained in the MRAP. B) The DPS reserves the right to suspend furnishing MRAP information to an Agency when any role, policy, or procedure has been or appears to have been violated. DPS may reinstate the furnishing of MRAP 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 transported, handled, and stored only by Authorized Employees. The Agency is responsible for the correct and legal dissemination and use of all data and records it receives. D) All transactions with the MRAP will be logged by DPS. DPS will maintain these logs for at least one year from the date of the transaction. E) An individual's right to review and challenge of his/her own record is an integral part of the system. Appropriate identification, including fingerprinting, of the individual may be required before any MRAP information can be disseminated to the individual. The originating agency may verify fingerprims associated with the record on file are those of the individual to verify he/she is who they purport to be. H) 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 information, only Authorized Employees will have access to ~ information. B) All personnel who have access to any of the interconnect equipment must be screened under thc 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 dissemination of the data. D) In the event of an emergency related to an individual's health or well being, those persons answering the emergency call must be accompanied by an Authorized Employee ff 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 those 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 agrees 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 information. The Agency will assist in the criminal prosecution of such individuals when Federal or State laws have been violated. G) Personnel assigned 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 and/or 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 and/or manuals are to be maintained in a secure manner by the Agency. HI) EQUIPMENT A) Only terminals, printers, computers, and associated equipment approved by DPS may be connected to the Criminal Justice Data Communication Network (CJDN) by the Agency. (Note: this does not include terminal equipment on the agency's end of their computers.) B) No equipment, 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/INFORMATION: A) The accesses the Agency will be allowed will be determined by DPS and the Agency. The Agency may request additional accesses. The Agency agrees that the decision of DPS as to what information will be made available to the Agency is final. B) If the Agency enters data and information 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 from 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 CIDN Access Agreement. All maintenance costs for A~encv owned eauiDment is the resoonsibilitv of the A~encv. 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 from 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 locked 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 nser's equipment must be dedicated to criminal justice operations and cannot be shared or used for other purposes. E) There 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 fully executed. G) This agreement will become effective on March 5, 2003 , 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 remain in effect until March 4, 2008 , or until all obligations set forth in this agreement have been satisfactorily fulfilled or the agreement has been canceled, whichever happens first. 1t9 Both DPS and the Agency may, upon 90 days written notice, terminate this agreement. 19 The cost of all facilities, devices or equipment set forth in this agreement which contributes to the security and safety of the CJIS System within the Agency is the responsibility of the Agency. 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 performance 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 466:01466.15 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-NCIC. 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, agems or subcontractors relevant to this agreement shall be made available and subject to examination by the DPS, including the contracting Agency/Division, Legislative Auditor, and State Auditor for a minimum period of six years from the end of this agreement. VI0 MANAGEMENT CONTROL: If the Agency does not own and/or operate their own equipment, they must have a Management Control Agreement with thc entity providing the service which at a minimum must includes thc following: A) The ability of the Criminal Justice Agency to set and enforce priorities fOr the system usage, which includes the Criminal Justice 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 where the equipment is located or the system is maintained, ail persons who do not meet the security screening requirements. C) The entity providing service to the Criminal Justice 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 MRAP information. The Agency in granting the clearance must have done a criminal history check on the employee. 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 thereof, for the collection, processing, preservation, or dissemination of criminal justice information, 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 terminals and printers upon which criminal justice information is processed. It) 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, teleeommtmications devices, and circuits used to process criminal justice information insofar 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 for the development, modification, maintenance, and processing of computerized criminal justice information 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 does not include stand alone micro computers. Ix') NCIC (National Crime Information Center). A division of the Federal Bureau of Investigation of the U.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 documented information, readily available to each criminal justice organization. L) NLETS (National Law Enforcement Telecommunications System). NLETS is an incorporated, non-profit organization whose purpose is to provide a nationwide criminal justice data communications system. M) Permanent Visitors. Persons having regular access to the 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: As the individual responsible for the Agency, I hereby acknowledge the responsibilities and duties as set forth in this agreement as well as those documents incorporated by reference. I acknowledge that these responsibilities and duties were developed and implemented to ensure the reliability, confidentiality, accuracy, timeliness and completeness of MRAP information. I further acknowledge that failure of this Agency to comply with these duties and responsibilities will subject this Agency to various sanctions including the termination of access to MRAP information. li AGENCY: .. 2iiDEPAR~ENT OF PUBLIC SAFE~ AGENC¥:.Certifies that the appr0priatei pei~son(is)have executed (With delegated iaUth0ritY) : this ~reeme~t om beha!tl 0lithe AGENCY as r~uired by apP!i~ab!e, a~j~!~i by!aws?!resol~i~r~i q[ ~[di~an~eSi !! ::~~: By: By: Title: Title: Date: Date By: Title: Date 4; A~ORNE¥ GENE~E 3i DEPARTMENT OF ADMINiST~TION APprov~ t0 sign ~n beha![ of ~he at~o!~ney genera! as ~ fo[m and executioni By: BY; Da~e:~ Date: