08-687Council File #
RESOLUTION
Presented By:
PAUL, MINNESOTA
Green Sheet #
/ �
3055115
(v
1 RESOLVED, that the Ciry of Saint Paul, Police Department, is authorized to enter into the attached agreement,
2 which includes an indemnification clause, with Ramsey County Attomey's Office (RCAO) to provide services
3 or functions to the RCAO as it relates to the City of Saint Paul Police Department Records Management
4 System (RMS).
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Yeas
Adopted by Council: Date:
Absent
Adoprion Ce�rtiF�ed by ouncil Secretary:
BY� // /�i�/� �/ dr�
Approved by r: Date: ���
By: �j
Requested by Department of:
By:
Appro ed by ayor fo •, bm' sion to Council:
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Q:\Fisca IAffairsW O&C R\CRSTAND.xIs
Appraval Recommended by Financial Services:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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PD — PoliceDepaztrt�ent
'; Contact Person & Phone:
� Chief John Harrington
� 266-5588
�, Must Be on Couneil Aoen
� Doc.7ype: RESOLUTION
E-Document Required: Y
Document Contaet: Evette Scarver
ConWct Phone:
Total # of Signature Pages
OfrJUN-08 I Green Sheet NO: 3055115
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Assign � 1
Number i 2
Foi
Routing I 3
Order 4
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All Locations for Signature)
�olice Depar[ment Police Deoar�ent I
olice Deoazlwent Police Depar�ent i
,'City AtYOrueY i Cilp Attomey i �
yor's Office ' Ma➢or
oancil I Council i
'tq Clerk Citp Cierk
diceDe az�ent PoGCeDe artrnent
Signatures on the attached council resolukon authorizing the City of Saint Paul, Police Deparhnent, to enter into the attached
agreement with Ramsey Counry Attorney's Office (RCAO).
Planning Commission 1, Has this persoNfirtn eveY workeU under a contrect for this department?
CIB Committee Yes No
CivA Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Dces this persoNfirm possess a skill not nortnally possessed by any
current city employee?
Yes No
F�cplain all yes answers on separete sheet antl attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Wfiere, Why):
The City of Saint Paul, Police Department, will provide limited access of the Records Managemeut System (RMS) to RCAO.
Advantages If Approved:
RCAO will utilize RMS to assist them in prosecuting criminal cases.
Disadvantages If Approved:
None.
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DisadvanWges If Not Approvetl:
Lost opportunity to provide services to RCAO that will assist them in prosecating criminal eases.
Transaetion:
Funding Source:
Financial I�ormation:
(Explain)
CosURevenue Budgeted:
Activity Number:
June 6, 2008 9:25 AM Page 1
�� �ql5i1uu8) Nancy uiperna�FtMS wim C.ounty Atty -KOtuth UoG _ _ _ �rage�� �
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RMS User Agreement
Between
St. Paul Police Department ("Department")
And
Ramsey County Attorney's Oftice ("RCAO")
This Agreement is between the Saint Paul Police Department, City of St. Paul, Minnesota
("DepaztmenP') and the Ramsey County Attomey's Office ("RCAO"), both political subdivisions
within the State of 1Vlinnesota.
WHEREAS, the Saint Paul Police Department enters into this Agreement pursuant to the
provisions of Minn. Stat. § 471.59, subd. 10, to provide services or functions to the Ramsey
Counry Attomey's Office; and
WHEREAS, the Ramsey County Attorney's Office represents that it has authoriry to enter into
this Ageement pursuant to state statutes and Ramsey Counry Home Rule Charter provisions and
its related Administrarive Code;
NOW, THEREFORE, it is agreed as follows:
The Ramsey County Attorney's Office (RCAO) agrees to abide by the terms of this Agreement
and all laws, rules and regulations pertaming to the collecrion, creation, storage, maintenance,
dissemination, and access of criminal data that is the subject of this Aa RCAO accepts
these terms as binding when connecting to any and all RMS modules to which the RCAO has
been granted access.
The RCAO may establish independent policies and procedures relative to its access to the RMS,
as long as any established policies and procedures are not contrary to the terms of this
Agreement, the Minnesota Government Data Practices Act, Minn. Stat. § 13.01 et. seq.,
("MGDPA") or other applicable laws.
Operational Standards
Status of RMS Data:
The RMS database is a secure Intranet system containing information on adult and juvenile
offenders and adult and juvenIle contacts. Thus, both RMS and the underlying documentation,
including but not limited to reports, booking infozmation, field interview cards and photogaphs
should be handled as follows:
Data maintained in RMS by the Department can be not public data
pursuant to the Minnesota Government Data Practices Act, Minnesota
Statutes ("MGDPA"), Chapter 13, but may be released as authorized or
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�(8/5/2b08) Nancy Diperna - RMS wtth Count� Atty Rofu4h.DOC _�_ � � � � �� � � _� � . �_�� Page 2 �
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required to be disclosed in conjuncrion with a criminal prosecurion either
by court order, state law or the Minnesota Rules of Criminal or Juvenile
Procedure. No access to or disseminarion of RMS data shall be made to
any other Law Enforcement Agency.
Conditions:
RCAO agrees that neither it nor its employees/agents shall disclose the website address (IIRL),
RMS user name, or password to anyone. The website and the data displayed on the website is
not for general or public release. Only approved RCAO User (defined below) employees, while
acting within the swpe of their duties, may access and use RMS.
Use of the RMS system, under this Agreement, is limited to RCAO and its employees. Only
those individuals who are employed by RCAO, have been subject to chazacter or security
clearance by or on behalf of RCAO as set forth in the Security section below and who have been
properly trained in the use of RMS and the related MGDPA laws and who sign an
aclmowledgement of responsibility, will be allowed access to RMS informarion ("RCAO User").
Each individual RCAO User shall obtain their own password and only sign on with their own
password. No RCAO User shall give his or her password to anyone else to use. Seazch of the
RMS system shall be by Case Number (CN) only.
Data Practices:
The parties understand that to the extent that government data is disseminated to a government
entiry by another government entity, the data disseminated shall have the same classification in
the hands of the entity recciving it as it had in the hands of the entity providing it. All data
accessed, collected, created, stored, maintained, or disseminated for any purposes by RCAO as a
result of this Agreement is govemed by the Minnesota Government Data Practices Act, Minn.
Stat. § 13.01 et. seq., other applicable state statutes, state rules adopted to implement the Act, as
well as federal regulations on data privacy. RCAO agees to abide strictly by these statutes,
rules, and regulations.
Guarantees of Confidentiality:
RCAO agrees to not disclose RMS not public data to any third party except where necessary to
carry out the RCAO=s duries as required by law in connection with any civil or criminal,
proceeding in any Federal or State court. RCAO agrees to take all appropriate acrion, whether by
instruction, ageement, or otherwise, to insure the protection, confidenUality and security of the
RMS not public data and to satisfy RCAO's obligarions under this Agreement. RCAO agrees to
limit the use of and access to the RMS to RCAO=s Users whose use or access is necessary to
effect the purposes of this Agreement, and shall advise each individual who is permitted use of
and/or access to the RMS of the restrictions upon disclosure and use contained in this
Agreement, and shall require each individual who is permitted use of and/or access to the RMS
to acknowledge in writing that the individual has read and understands such restrictions. RCAO
agrees that the obligations of RCAO and RCAO Users with respect to the confidentiality and
security of the RMS shall survive the termination of this Agreement and the termination of their
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(6/5/2008) Nancy Diperna�RMS_wifh County Atty Rofuth.DOC __ Page 3`j
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employees with RCAO. RCAO agrees that, notwithstanding any federal or state law applicable
to the nondisclosure obligarions of RCAO and RCAO Users under this A�eement, such
obligarions of RCAO and RCAO Users aze founded independently on the provisions of this
A�eement.
Acknowledgment by Individuals With Access to Data Through RMS:
To effect the purposes of this a�eement, RCAO shall advise each RCAO i3ser who is permitted
use and/or access to RMS of the requirements and restricrions in this Agreement and shall
require each individual to acknowledge in writing that the individual has read and understands
such requirements and restrictions. RCAO sha11 keep such aclmowledgments on file for one year
following termination of this Agreement and shall provide the Department with access to, and
copies of, such acknowledgments upon request.
Data Disseminarion:
Release of RMS data is govemed by the MGDPA which include but is not limited to Minn. Stat.
§§ 13.02, subd. 3a; 13.02, subd. 7; 13.82, other applicable statutes, and the Minnesota Rules of
Criminal and Juvenile Procedure. Information in the system can be not public data and may only
be re-released as described in this Agreement or subject to applicable law. Recipients within the
RCAOof RMS information must have a need and a right to know in performance of a criminal
jusrice funcrion. When printing or disseminating, either by hardcopy, tape, photograph, video,
digital or verbally, any information, RCAO User and RCAO shall be held accountable as to who
has access and for what purpose it is to be used. RCAO will set procedures as to disseminarion
and shredding. If RCAO User has any questions about sharing RMS informarion, RCAO User
must contact the Department's RMS adminisffator. RMS data shall not be provided to any other
Law Enforcement Agency by RCAO. The Department shall be notified by RCAO immediately
of any known unauthorized release of data.
Unauthorized Disclosure:
RCAO and RCAO Users of RMS shall be prohibited from unauthorized disclosures of any and
all training materials, operation manuals, user guidelines and user manuals.
Security:
Equipment used to access or store data for RMS shall be located in a secure setting to prevent
vandalism,sabotage,and unauthorized access.
Use of the system shall be limited to authorized RCAO Users who have been subject to
character or security clearance by or on behalf of RCAO and subject to the terms and conditions
of the Conditions Section of this Agreement.
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`(6/5/2008) Na y Dipema - RMS with County Atty Rofuth DOC ��- ' ��Page 4�
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Sanctions:
RCAO is responsible for overseeing system conformity, by their employees/agents, with this
Agreement and the MCsDPA. Violations of any terms and condition of this Ageement or of the
MGDPA by RCAO or RCAO Users may result in a suspension of service and/or removal of
service or disconnecrion from the system.
Indemnification:
As authorized by law, RCAO agrees to hold harmless and defend the Department, its officials,
officers, employees, agents, or representarives against any and all claims, lawsuits, damages
arising from or allegedly arising from RCAO's acrions or those of its RCAO
Users/employees/agents related to this Agreement, including but not limi[ed to the RCAO's acts,
failwe to act or failure to perform its obligations hereunder, and to pay the costs of and/or
reimburse the Department, its officials, officers, employees, agents, or representatives, for any
and all liability, costs, and expenses (including without limitation reasonable attorney's fees)
incurred in connecrion therewith. RCAO does not waive any exceprions ox limitations on
liability as set forth in statute or elsewhere in law.
Nothing in this Agreement shall be construed to authorize the stacking of liability on behalf of
any individual claiming damages in any way through this Ageement. Stacking of liability is
specifically rejected .
No Third Party Beneficiary:
This Agreement is made solely and specifically between and for the benefit the Department and
RCAO, and their respective successors and assigns, and no other person or entity shall have any
rights, interest, or claim under it or be entiUed to any benefits pursuant to or on account of this
Ageement, whether as a third party beneficiary or otherwise.
Termination:
Either party may terminate this Agreement by written t any time to the other party.
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Ramsey County Attoiney's Officed Date
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St. Paul Police I�I�ena f nent Date
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