HomeMy WebLinkAbout1997 BCA CJDN Contract STATE OF MINNESOTA
DEPARTMENT OF PUBLIC SAFETY
CREWINAL JUSTICE DATA COMMUNICATION
NETWORK USER AGREEMENT
Ibis Agreement is entered into on /.tr by and between the State of Minnesota. the
Iartment of Public Safety htreinafter ed'DPS" and Qak Park Heights Police Dept 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 Communication Network (CJDN).
DPS is the organization set forth by Minnesota Statute as being responsible for the administration and operation of the
States Criminal Justice Data Communication Network. Further, DPS is the control terminal agency in the Federal
Bureau of Investigation National Crime Information Center (FBI•NCIC) system and the National Law Enforcement
Telecommunications System (NLETS), Inc.
I. EOUIPMENT•
1. Only terminals, printers, computers, and associated equipment approved by DPS may be connected to the CJDN
by the Agency. (Note: this does not include terminal equipment on the agency's and of their computers.)
2. 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.
3. All equipment that the Agency has connected to the CJDN must be identified in a list attached to this
Agreement. Updates to the list must be made any time new or additional equipment is connected to the
network.
4. All terminals and printers must have a unique device identifier assigned by DPS to enable them to receive data
and information from the network.
5. An Agency with intelligent , , a,; .. .. , must have at the minimum, one dedicated printer that is always available
to receive messages.
6. Due to the time needed to add, change or remove CJDN circuits and equipment, a minimum of a 120 day
written notice must be provided to DPS whenever the Agency is going to add, move, replace, or eliminate any
equipment on the network. This does not inchrde terminals on the Agency's end of their computer. DPS will
attempt to satisfy requests in a shorter period of time if the communication companies are able to provide faster
service.
H. COMPUTER CONNECTION•
If the Agency is connected to the CJDN with a non -stand alone computer (a device that has multiple output
units, terminals and printers L...:..t:,d to it, or is part of a network, that has multiple devices or computers on it
other than CIDN) a "CompuwIntesface Access Amendment" Hurst be executed and become an inc.,,, _,,,„4
part of this Agreement
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III. PERSONN .L:
1. DPS will provide training and certification of all Agency personnel who will be responsible for activity on the
CJDN. The Agency must make its personnel available for and require them to participate in this training.
2. DPS will provide documentation and/or manuals on the correct use of the CJDN for network users. The Agency
must disseminate the documentation 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 Af State, d*ipli rZ action up to and including termination of
personnel, where such persons violate the pfo%wionsiof tffilbr ent or other security requirements estab-
lished for the CJDN. The Agency will assist in the criminal prosecution of individuals when Federal or State
laws have been violated.
IV. DATAMFORMATION•
1. Attached to this Agreement is a list of accesses the Agency is allowed under the terms of this Agreement. The
Agency may request additional accesses. The Agency agrees that the decision of DPS as to what information
shall be made available to the Agency is final.
2. If the Agency enters data and information into CJIS, the Agency will have sole responsibility for the accuracy,
completeness and timeliness of it.
3. Data and information that the Agency receives from the CJDN must be verified with 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 into or received from the CJDN.
V. ACCESS TO UUMM& 13L.UM INFORMATION:
If the Agency is going to have access to Criminal History Information, a "Computerized Criminal History
Information Access Amendment" must be executed and become an incorporated part of this Agreement.
VI. COSTS:
1. DPS will pay all network communication line costs to the extent of approved legislative appropriations. 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 the maintenance costs for all equipment that it owns to the extent of approved legislative
appropriations, excess costs will be prorated among the network users and the Agency billed accordingly. The
Agency agrees to pay all such bills when 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.
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VII. ADDITION I .RM
1. The Agency agrees to indemnify and hold harmless the State and all of its employees, from and against any and
all claims, demands, actions, suits, and proceedings by others; against all liability to others in the execution or
enjoyment of this Agreement and all amendments.
2. Changes to this agreement and its amendments may be introduced by either the State or the Agency. The
modifications will not become effective until an addendum to this agreement has been signed by both parties.
3. This agreement will become effective when signed by the State and the Agency. The agreement and any
addendum will remain in effect until written notification is received to the contrary. Both DPS and the Agency
may, upon 90 days written notice, terminate this Agreement
4. The Department of Public Safety and the Agency will abide by all present and future rules, policies, and
procedures adopted by the Stito or the NLETS Board of Direct9a, 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 Department
5. The Department of Public Safety and the Agency agree that the FBI -NCIC, NLETS, and DPS user /operator
manuals, their amendments, and successors are incorporated as part of this agreement
6. An Agency that provides CJDN 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.
VIII. DEFINITIONS:
1. Criminal History Information. This will have the same meaning as contained in "Title 28" of the "Code of
Federal Regulations" or subsequent federal or State law or regulations which may supersede "Title 28 ".
2. 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.
3. NCIC (National Crime information C 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.
4. NLETS (National r-a EnforcUmt TelecomwwWtions Svst NLETS is an incorporated, non -profit
organization whose purpose is to provide a nationwide criminal justice data communications system.
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A KNOY T_Ft GMENT:
As the individual responsible for the Agency, I hereby acknowledge the responsibilities and duties as set forth in this
document 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
Criminal Justice Information. I further acknowledge that failure of this Agency to comply with these duties and
responsibilities will subject this Agency to various sanctions mckdimg the termination of access to the Criminal Justice
Da Communication Network
.4 in trator Signature Date
/ Department of Public SafetyBureau of Criminal Apprehension Date
Criminal Justice Information Systems
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�N
STATE OF NIINNESOTA
DEPARTMENT OF PUBLIC SAFETY
COMPUTERIZED CRI IINAL HISTORY INFORMATION
ACCESS AGREEMENT
rWs Amendment to dN Criminal Justice Data Communication Network Users Agreement is entered into on
�► 7 by and between the State of Minnesota. the D=M= of P ublic Ca • Bureau
of Criminal A,plg hereinafter called "DPS" and
Oak Park Heights Police Dept.
a Minnesota Criminal Justice Agency hereinafter called the "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 Computerized Criminal History Information or may acquire Criminal History Information
through a third party who has direct access to Criminal History Information through the Criminal Justice Data
Communication Network.
I. With respect to criminal history record information and related information as maintained and/or provided by
DPS, it is agreed that:
1. DPS is the control terminal agency in the Federal Bureau of Investigation National Crime Information
Center (FBI -NCIC) system and the National Law Enforcement Telecommunications System (NLETS),
Inc, and shall fivnish to a Criminal Justice Agency such crinminal history record information and other
related information as is available from the DPS, through the FBI -NCIC, and through the NLETS.
2. No agency shall furnish to another agency information from its own files which is also maintained by
DPS, FBI -NCIC, or another agency as authorized by Minnesota State or Federal statute, or information
obtained by it without fast querying the designated agency for the most recent information; provided
that this section shall not apply to (a) automated Criminal History Information if DPS notifies the
disseminating agency that it is technically incapable of responding; or (b) the furnishing of information
for the sole purpose of processing a charge through the criminal justice system and it is clear under the
circumstances that no disposition has occurred and the information as furnished relates only to the
charge in process; or (c) dissemination of information received from DPS within the previous 48 hours.
3. The Department of Public Safety reserves the right to suspend furnishing Criminal History Information
when any rule, policy, or procedure has been or appears to have been violated. The Department may
reinstate the fuishing of Criminal History Information upon receipt of satisfactory assurances that
such violation did not occur or has been corrected.
4, Batch reports and other hard copy products containing Criminal History Information are to be
outputted only on printers within the Agency. All Criminal History 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.
5. The Agency must maintain a log for all III inquiries. This must include the name of the individual
receiving the response, the information received and the date the information was received. These logs
must be maintained for at least one year from the date of the inquiry.
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• T -y
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6. III data and records c be used for licensing or non - criminal justice employment purposes unless
specifically authorized by Federal Statute.
7. An individuars 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
Criminal History Information can be disseminated to the individual. The fingerprints in the record on
file may be . _:., _ to those of the individual to verify he /she is who they purports to be.
H. PERSONNEL
1. The Agency will make criminal history checks on all employees that will have access to Criminal
History Information. An employee who is not cleared must not have a6ci , s , to thgV mhwh?J fty
Information, only Authorized Employees will have access to Criminal History Information.
2. The Agency agrees to initiate, at the request of State, disciplinary action up to and including
termination of personnel having access to Criminal History Information systems where such persons
violate the provisions of this agreement or other security requirements established for the collection,
storage, or dissemination of Criminal History Information. The Agency will assist in the criminal
prosecution of such individuals when Federal or State laws have been violated.
3. Personnel assigned by the Agency receiving Criminal History Information as terminal operators will be
provided system training by the Department of Public Safety.
III. ,ADDITIONAL TERMS-
1. Changes to this agreemmi amendment may be introduced by either the State or the Agency. The
modifications will not become effective until an addendum to this agreement amendment has been
signed by both parties.
2. This agreement amendment will become effective when signed by the State and the Agency. The
agreement and any addendum will remain in effect until written notification is received to the contrary.
Both DPS and the Agency may, upon 30 days written notice, terminate this agreement.
IV. DEF'IMTIONS•
1. Authorized E.muloyg An employee who has been granted clearance by the Agency thereby allowing
access to Criminal History Information. The Agency in granting the clearance must have done a
criminal history check on the employee.
2. Criminal Justice Agency. This will have the same meaning as contained in "Title 28" of the "Code of
Federal Regulations" or subsequent federal or State law or regulations which may supersede "Title 28 ".
3. Criminal History Information. This will have the same meaning as contained in "Title 28" of the
"Code of Federal Regulations" or subsequent federal or State law or regulations which may supersede
"Title 28
4. C ml Justice Da Communication Network. The network, including the equipment, circuits,
facilities, procedures, and ,,. ' • = Lons 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.
5. IU. The Interstate Identification Index. The FBI -NCIC Interstate Identification Index contains
individuals names, aliases, physical description, identifying numbers, fingerprint classification, and
location(s) of criminal history record(s).
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6. 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.
7. NLM INadonal_ Law Enforcement Telecommunications Svstem) NLM is an incorporated, non-
profit .... ' on whose purpose is to provide a nationwide criminal justice data communications
system.
V. ACKNn WLEDGMENT:
As the individual responsible for the Agency, I hereby acknowledge the responsibilities and duties as set forth in this
document 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
Criminal History Information. I fiuther acknowledge that failure of thais Agency to comply with these duties and
respons will subject this Agency to various sanctions including the termination of access to Criminal History
Information.
A& dminis for (S' ture) Date
6epartment of Public Safety/Bureau. of Criminal Apprehension Date
Criminal Justice Information Systems
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