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03-491Council File # RESOLUTTON � SAINT PAUL, MINNESOTA Presented By: Ref'erred To: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Green Sheet # Committee:Date: o3_4q\ 205022 �� WHEREAS, the City of Saint Paul, Police Department, is authorized to enter into the attached agreement with the State of Minnesota, Department of Public Safety, for access to computer data bases hosted by the State of Minnesota. A copy of said agreement is to be kept on 61e in the Office of Financial Services. Adopted by Council: Date: aa Approved by Requested by Department oE �� DEPARTMENT/OFFICEICOUNCIL DATEINITIATED -rolice srsio3 GREEN SHEET No. � 205022 *� . CANTACT PERSON & P O E INIiIAUDA � INRIAIJDATE C lllel wllll$El F'IIIE� 292-3588 7 DEPARiMQR qRECTOR 4 MV COUNqL MU57 BE ON COUNCIL AGENDA BY (DA7E) O��{,�91 - P1e25C proCRSS ASAP �crtrnrrorsrrev � � ❑cmasxK . ❑FlNNLl0.LSERVICESDIR_ �FPNNCWLSERV/ACCTG �MAlbR10RA5515TANT1 �m�wNCdrtS TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) C710N REQUESTED . Approval of the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the attached agreement between the City of Saint Paul, Police Depaztruent, and the State of Minnesota, Department of Public Safety. Tkris agreement will establish a user contract with the State of Minnesota to allow the Saint Paul Police Department access to the various computer databases hosted by the State of Minnesota, including the National Crime Informaflon Center (NCIC) and the Minnesota Criminal Information System (MINCIS). RECOMMENDATION Approve (A) or Reject (R) PERSONAL SERVICE GONTR4CT5 MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has ihis persoNfirm everworked under a contract forthis departmenf? PLANNING COMMISSION vES NO , CIB COMMITfEE 2. Has this personffirm ever been a ciry employee? CIVIL SERVICE COMMISSION veS NO 3. Does this person/firtn passess a skill not normaily possessed by any�current cRy empioyee� YES NO 4. Is this person/firm a targeted vendoR YES NO Explain all yes answers on separete sheet and attach to green sheet � INI7IATING PROBLEM ISSUE, OPPORTUNI7Y (WHO, WHAT, WHEN, WHERE, WHY) The Saint Paul Police Deparpnent has an agreement with the State of Minnesota to provide acc'�ss1[� �j ��� E the many data bases hosted by the State of Minnesota and the Federal government for law enforcement use. The City of Saint Paul user agreement has lapsed. MAY � 5 2��3 �I @ 6 �A & R �f1�� S ADVANTAGESIFAPPROVED If the agreement is not authorized, the State of Minnesota could disconnect the Saint Paul Police Departrnent from access to various data bases and sever the connection provided to the Saint Paul and county lapto� ' systems available in patrol cazs. Access to the data bases is mandatory and is necessary for driver license checks, wanted person checks, criminal histories, and a number of other very useful tools. DISADVANTAGESIFAPPROVED _, _ None ,, � "�e,���'�°'� t.nr;�;� DISADVANTAGES IF NOT APPROVED •,}. r � `F: . ' , d�.�'�„^i Highly dangerous situations for responding personnel on every contact, huge liability eaposure for the City of Saint Paul, diminished use of vehicle laptop systems, and inability to render basic police seroice. TOTAL AMOUNT OF TRANSACTION $ None COST/REVENUE BUDGETED (CIRCLE ONE) VES NO FUNDING SOURCE Not applicable ACTIVITY NUMBER Not applicable FINANCIAL INFORMATION (EXPLAIf� , Ctiminal Justrce Data Communication Network a�eeme�rt.cr.gs2003 03 -�i�� STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY CRI�IINAL JUSTICE DATA COMMUNICATION NETWORK USER AGREEMENT This Agreement is entered into on by and between the State of Minnesota the Department of Public Satetv hereinafrer called "DPS" and the St Paul Police Department, hereinafter called the "Agency". This agreement details the obligations and requirements placed on the Agency who is connected to the State's Criminal Justice Data Communicarion Network (CJDN). DPS is the oiganizarion set forth by Minnesota Statute as being responsible for the administration and operation of the State's Criminal Justice Data Communication Network. Further, DPS is the control temunal agency in the Federal Bureau of Investigation National Crime Information Center (FBI-NCIC) system and the National Law Enforcement Telecommunications System (NLETS), Inc. I. EQUIPMENT: 1. Only temunals, printers, computers, and associated equipment approved by DPS tnay be connected to the CJDN by the Agency. (`ote: this does not include temunal equipment on the aeency's end of their computeis.) 2. No equipment, including terminals and printers on the Agency's end of their computers, may be added to the C7DN without the express peraussion of DPS. 3. All e quipment t hat the A gency h as c onnected t o t he C JDN m ust b e i dentified i n a 1 ist a ttached t o t his Agreement. Updates to the list must be made any time new or additional equipment is connected to the network. 4. AO ternunals and pru�cers must have a unique device identifier assigned by PPS ro enable [hem to receive data and information from che neny'ork. 5. AnAgencywithintelli�entequipmentmusthaveattheminimum,onededicatedprinterthatisalwaysavailable to receive messages. 6. Due to the the time needed to add, change oc remove CJDN circuits and equipment, a minimum of a 120 dav written notice must be pro�'ided to DPS whenever the Agency is going to add, move, replace, or eleminate any equipment on the nen� ork. Ihis does not include terminals on the Agency's end of their computec DPS will attempt to satisfy requests in a shorter period of time if the communication companies are able to provide faster service. II COMPUTER CO`NECTION: If the Agency is connected to the CJDN with a non-stand alone computer (a device that has multiple output units, ternunals and printers connected to it, oc is part of a nerivork that has multiple devices or computers on it other than CJDN) a"Computer Interface Access AmendmenP' must be exewted and become an incorporated paR of this Agreement. � C3 -�°�� Ili PERSON1�iEL: 1. DPS will provide 4aining and certification of all Agency personnel who will be responsible for activity on the CJDN. The Agency must make its personnel available for and iequire them to participate in this trainin�. 2. DPS will provide documentation and/or manuals on the correct use of the C7DN for network users. The Agency must disseminate the documeniarion or manuals to all of their employees who utilize the CJDN. This documentation or manuals are to be maintained in a secure manner by the agency. 3. The Agency agrees to initiate, at the request of State, disciplinary action up to and including ternnnation of personnel, where such persons violate the provisions of this agreement or other security requirements established for the CJDN. The A�ency will assist in the criminal prosecution of individuals when Federal or State laws have been violated. IV DATA/INFORMATION: 1. TheaccessestheAgencywillbeallowedwillbedetem�inedbyDPSandtheAgency. TheAgencymayrequest additional accesses. The Agency ag�ees that the decision of DPS as to what information shall be made available to the Agency is final. 2. If the Agency entecs data and informztion into CIIS, the Agency will have sole cesponsibility for the accuracy, comple[eness and timeliness of it. 3. Da[a and information that the Agency receives from the CJDN must be vecified wifh the originating agency before acting upon it. 4. 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 in[o or received from the CJD\. V. ACCESS TO CRIMINAL HISTORY INFORbiATION: If the Agency is going to have access to Criminal History Information, a"Computerized Criminal History Information Access Amendment" must be execu[ed and become an inco�porated paR of this Agreement. VI COSTS: 1. DPSwillpayallnetworkcommunicationlinecoststo[heextentofapprovedlegislativeappropriations. Excess costs will be prorated among the network users and the Agency billed accordingly. The agency agrees to pay all such bills when due. 2. DPS will pay che maintenance costs foc all equipment that it owns to the extent of approved ]egislative appropriations, excess costs will be prorated among the networkusers and the Agencybilled accordingly. The Agency agrees to pay all such bills «hen due. 3. All maintenance costs for Agency owned equipment is the responsibility of the Agency. 4. Equipment installation, delivery and relocation charges are to be paid by the Agency. 5. If the Agency has a computer to computer interface, DPS will participate in payment only for the expense of network communication line and modem costs between the State and the Agency computer to the extent that DPS would pay for interconnection of a terminal and printer to the Agency. Any additional costs are the responsibility of the Agency. 2 b3-y.�l\ VII ADDITIONAL TERNIS: 1. Each party agrees that it will be responsible for its own acts and/or omissions and those of its officials, employees, represenYatives and aeents in carrying out the terms of this Agreement and the results thereof to the extent authorized by law and shall not be responsible for the acu and/or omissions of the other party and the results thereo£ The liabiliry and the monetary limits of liability of the Agency, its officials, employees, repxesentatives and agents shall be governed by provision of the Minnesota Torts Claims Act, Minnesota Statutes Chapter 466, et seq. and other applicable law and the the liabiliry of DFS shall be govemed by provision of the Minnesota Torts Claims Act, Minnesota Statutes Secrion 3.732 and 3J36, et seo. And other applicable ]aw. 2. Changes to this agreement and irs amendment may be inffoduced by either the State or the A�ency. The modifications will not become effective until an addendum to this aareement amendment has been signed by both parties. 3. This agreement will become effzcri��e when signad by the State and the Agency. The agreement and any addendumwill remain in effect unril written notification is received to the connary. Both DPS and the Agency may, upon 90 days written notice, temunate this Agreement. 4. The Department of Public Safety and [he Agency will abide by all present and future rules, policies and procedures adopted by the State 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 wi[hout notice to all a�encies and provision of a 30 day period in which an aeency can submit w ritten commen[s to the Depar[ment. 5. The Department of Public Safety and Agency agree that the FBI-NCIC, NLETS, and DPS user/operator manuals, their amendments, and successors are incocporated as part of this agreement. 6. An Agency that provides CJDiv' access and/or services to another agency must have a written agreement with [hat agency. The Agency must procide a copy of the agreement and any amendments to DPS. This does not prohibi[ [he Agency from providino information, on a one-time basis per case, to another Law Enforcement Agency who is conducting an in��estigation in the Agency's jurisdiction. VIII DEFINITIONS: 1. Criminal Historv Information. This wil] have the same meanin� as contained in "Title 28" of [he "Code of Federal Regulations" or subsequent federal or State law or regulations which may supercede "Title 28 ° 2. Criminal Justice Data Communication Network. The network, including the equipmen[, circuits, facili[ies, procedures, agreements, and organizations thereof, for the collec[ion, processing, preservation, or dissemination of criminal justice information. 3. NCIC (National Crime Information Center). A division of the Federal Bureau of Investigation of the U.S. Depathnen[ ofJustice w'hich maintams a nationwide computerized information system established as a service to all c�iminal justice agencies - local, state and federal. NCIC's main putpose is to assist the criminal justice organizations in performing theu duties by providing a computerized filing system of accurate and timely documented mformation, readily a� ailable to each criminal justice organization. 4. NLETS (National Law Enforcement Telecommunications Svstem.) NLETS is an incotporated, nonprofited organization whose purpose is to provide a nationwide criminaljustice data communications system. o a -�lg� V. ACKNOWLEDGbfENT: As the individual responsible for the Agency, I hereby acknowledge ffie responsibilities and duties as set forth in this document as well as those documenu incoiporated by reference. I aclmowledge that these responsibiliries and duties were developed and implemented to ensure the reliability, con£idenriality, accuracy, tuneliness and completeness of Criminal Justice Information. I funher aclmowledge that failure of this Agency to comply with these duties and responsibilities will subject this Agency to various sanctions including the temunation of access to Criminal Justice Data Communication Network. . �! !'� f Q ��� � +� � !'c�J1"� .'f� 7��.�lGL J ,1.���.�� s- _�3 Agency Department of Public SafetyBureau�yf Criminal Apprehension / Date Criminal Justice Information Systems � Fk���PR V . '''°�? Asst. City At rney ,� � -------------- ----------------- City ot Saint P 1. Office oE Financial Servi es '0 C � -`�.1� IYate: - STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY CRIMINAL NSTICE DATA COMMUNICATION NETWORK USERS AGREEMENT Agency ORI: MN0620900 Agency Name: St. Paul Police Agency Street Address: 100 East I 1'" Street Ciry: St. Pau( Zip Code: Phone Number: FAX Number. _ Agency Contact Person: Agency has access to Criminal History and Agreement Amendment is attached? Y� NO Agency uses a computer for access "� and Agreement Amendment is attached? YES NO Agency Designated Terminal A�ency Coordinator? YES NO