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HomeMy WebLinkAboutA5096 - CLETS TECHNOLOGY MAINTENANCE POLICE DEPARTMENT MANAGEMENT CONTROL AGR CLLIS Management Control Agreement AGREEMENT #5096 MANAGEMENT CONTROL AGREEMEI CM signed, 5-10-05 Agreement to allow CLETS access by — - - PALM SPRINGS POLICE DEPARTMENT CA0331100 (Public law enforcement/criminal justice agency) (ORI) to CITY OF PALM SPRINGS INFORMATION TECHNOLOGY DEPARTMENT (Dispatch,parking citation,or data processing public agency) to perform TECHNOLOGY MAINTENANCE services on their behalf. (Type of service) Access to CLETS is authorized to public law enforcement and criminal justice agencies only (hereinafter referred to as the CLETS subscribing agency),who may delegate the responsibility of dispatching, parking citation, or data processing/information technology services to a public agency that is neither a law enforcement agency nor a criminal justice agency(hereinafter referred to as the Non-CJ agency). The Non-CJ agency may access information obtained via CLETS on behalf of the CLETS subscribing agency in order to accomplish the above-specified services, if such delegation is authorized, pursuant to Executive Order, statute, regulation, or interagency agreement. A signed Management Control Agreement must be received by the CLETS Executive Secretary prior to the subscribing agency permitting the Non-CJ agency access to CLETS. The performance of such delegated services by an otherwise Non-CJ agency does not convert that agency into a public criminal justice agency, nor automatically authorize access to state summary criminal history information. Information obtained via CLETS is confidential and may be used only for the purpose(s)for which it is authorized. Violation of confidentiality requirements or access authorizations may be subject to disciplinary action or criminal charges. Pursuant to the policies outlined in the CLETS Policies, Practices, and Procedures(PPP) and the Federal Bureau of Investigation's Criminal Justice Information Services Security Policy, it is agreed that the CLETS subscribing agency will maintain responsibility for security control as it relates to CLETS access. Security control is defined as the ability of the CLETS subscribing agency to set, maintain, and enforce: 1. Standards for the selection, supervision, and termination of personnel. This does not grant hiring/firing authority to the CLETS subscribing agency, only the authority to grant CLETS systems access to personnel who meet these standards and deny it to those who do not; and 2. Policies governing the operation of computers, access devices, circuits, hubs, routers, firewalls, and other components that make up and support a telecommunications network and related CJIS systems used to process, store, or transmit criminal justice information, guaranteeing the priority, integrity, and availability of service needed by the criminal justice community. Security control includes, but is not limited to, the supervision of applicable equipment, systems design, programming, and operating procedures associated with the development, implementation, and operation of any computerized message-switching or database systems utilized by the served law enforcement agency or agencies. Computer sites must have adequate physical security to protect against any unauthorized viewing or access to computer terminals, access devices, or stored/printed data. Revised 11/02 Agency Name: PALM SPRINGS POLICE DEPARTMENT ORW: CA0331100 Additionally, it is the responsibility of the CLETS subscribing agency to ensure that all Non-CJ agency personnel accessing CLETS information meet the minimum training, certification, and background requirements which are also imposed on the CLETS subscribing agency's staff. The minimum requirements are applicable also to staff having access to record storage areas containing CLETS- obtained information. The minimum requirements include, but are not limited to: 1. Initially (within six months of employment or assignment)train, functionally test, and affirm the proficiency of all CLETS computer operators in order to ensure compliance with CLETS/NCIC policies and regulations, if applicable. Biennially, provide retesting, and reaffirm the proficiency of all CLETS operators, if applicable. 2. State and FBI fingerprint-based record checks must be conducted prior to allowing access to CLETS computers, equipment, or information. If the results of the fingerprint-based check reveals a record of any kind, access will not be granted until the CLETS subscribing agency can review the matter to decide if access is appropriate. If a felony conviction of any kind is found, access shall not be granted. 3. Each individual must sign an EmployeeNolunteer Statement Form prior to operating or having access to CLETS computers, equipment, or information. In accordance with CLETS policy, the CLETS subscribing agency has the responsibility and authority to monitor, audit, and enforce the implementation of this agreement by the Non-CJ agency. The Non-CJ agency agrees to cooperate with the CLETS subscribing agency in the implementation of this agreement, and to accomplish the directives for service under the provisions of this agreement. The Management Control Agreement shall be updated at least every three years, when the head of either agency changes, or immediately upon request from the CLETS Executive Secretary. r Signature(CL ibs ribing Agency) Signature(Non-CJ Agge5v //���✓�GC-�r2.-- Print Name and Title Print Name and Ifitle Date Date ' APPROVED BY CITY MANAGER �-io•oy ��10Ab ATTEST: / P — 'ty Clerk Revised 11/02 Ao