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HomeMy WebLinkAboutRes1993-113 . . . Sponsored by: Tones CITY OF SEWARD, ALASKA RESOLUTION NO. 93-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING A LEITER OF UNDERSTANDING WITH THE DEPARTMENT OF PUBLIC SAFETY GIVING THE FIRE DEPARTMENT ACCESS TO THE ALASKA PUBLIC SAFETY INFORMATION SYSTEM (APSIN) WHEREAS, the Seward Fire Department wishes to access the Alaska Public Safety Information System (APSIN) to obtain certain basic personal information required for state fire reports; and WHEREAS, the Alaska Deparbnent of Public Safety has accepted the city's proposal to access this system and has submitted a letter of understanding/user agreement to the city for approval; and WHEREAS, once approved by the City Council and signed by the City Manager, this agreement will be forwarded to the Commissioner of Public Safety for final approval; and WHEREAS, it is in the public interest to provide Fire Department access to this information system to assist the department in fulfilling state reporting requirements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The City Manager is hereby authorized to execute the User Agreement! Letter of Understanding between the city and the Alaska Department of Public Safety, a copy of which is attached and incorporated herein by reference, to provide Seward Fire Department access to the Alaska Public Safety Information System. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 9th day of August, 1993. THE CITY OF SEWARD, ALASKA ~)Q Jj, (]~ Dave W. Crane, Mayor . . DEPARTMENT OF PUBLIC SAFETY USER AGREEMENT/LETTER OF UNDERSTANDING . . . . STATE OF ALASKA DEPARTMENT OF PUBLIC SAFETY USER AGREEMENT/LETTER OF UNDERSTANDING (N on-Terminal/Secondary User) THIS AGREEMENT, made and entered into this _ day of 1993, by and between the STATE OF ALASKA, DEPARTMENT OF PUBLIC SAFETY, hereinafter referred to as "STATE", or "DPS", (APSIN, et aD and: CITY OF SEWARD SEWARD FIRE DEPARTMENT Hereinafter referred to as "User". WITNESSETH WHEREAS, the Department of Public Safety has operation authority over all DPS computerized systems and must approve connection of all terminals, micro computers, mini computers, printers, control units, and USER authoriza- tion in order that data security, integrity, discipline, financial control, and State telecommunications technical requirements can be met; and, WHEREAS, the Alaska Department of Public Safety, ("STATE") maintains a computerized information system, established as a service to all local, state, and federal criminal justice and authorized non-criminal justice agencies, the objective of which is to improve the effectiveness of law enforcement and public service through efficient handling and exchange of information; and, WHEREAS pursuant to the National Crime Information Center (hereinafter referred to as "NCIC") and the National Law Enforcement Telecommunications System (hereinafter referred to as "NLETS), the Alaska Department of Public Safety is designated as the Control Terminal Agency for NCIC and NLETS; and, . . . WHEREAS, the Department of Public Safety, is to advise and assist any and all DPS computer systems in their management with respect to operating poli- cies, service evaluation and system discipline; and, WHEREAS, this agreement is necessary to set forth the conditions under which the conditions under which the Department of Public Safety may disseminate criminal history information (State of Alaska conviction data) to non-terminal secondary users, NOW, THEREFORE, the parties hereto agree as follows: 1) Services under this agreement shall commence upon the execution of this agreement and shall terminate by either party giving the other party 30 days written notice. The DPS may, in the best interests of the State or USER agencies, or due to statutory, regulatory or federal requirements, change the conditions of the agreement with 30 days written notice to the other party without termination of the agreement, except in those instances where a violation oflaw or policy has occurred. 2) USER agrees to: a) abide by all present rules, policies, practices and procedures of the Department of Public Safety as applicable to the various agencies and departments, as those rules, policies, practices, and procedures are amended from time to time. A copy of such policies, practices, and procedures as have been adopted as of the date of this agreement is incorporated by reference and made a part of this agreement as follows: 1. Alaska Public Safety Information Network (APSIN) User's Guide, applicable to the APSIN System. 2. APSIN Management Contract with the Department of Administration. User Agreement/Letter of Understanding Page: 2 . . . b) keep data confidential and use it only for those lawful purposes necessary to carry out the responsibilities of the user, and not further disseminate any information received, except as part of a statistical research report that does not contain individual identifying information; c) immediately notify the department of an intentional or unintentional violation by the user of any requirement of this agreement or any policy or procedure of FBI/NCIC, NLETS or any policy or procedure of the Department of Public Safety; d) comply with reasonable requirements that the DPS finds to be beneficial for maintenance of APSIN. 3) USER understands and agrees that violation of the policies, practices and procedures described in paragraph 2 of this agreement, shall subject User to suspension of service or other appropriate disciplinary action or censorship as determined by the Department of Public Safety. 4) The Alaska Department of Public Safety assures all User Agencies that DPS computer systems will remain upgraded and in compliance with all current Statutes, Regulations, and Operating procedures. 5) USER understands and agrees that the agency does not meet the definition of a criminal justice agency and access is restricted to state records only based on applicable state statute, policy, or procedure. Access to NCIC, NLETS, and III records is denied. User Agreement/Letter of Understanding Page: 3 . ACKNOWLEDGEMENT As a user agency of criminal history information (conviction and arrest data) maintained in the Department of Public Safety's computer systems, we hereby acknowledge the duties and responsibilities as set out in this document. We acknowledge that these duties and responsibilities have been developed and approved by the Department of Public Safety in order to ensure the reliability, confidentiality, completeness, and accuracy of the DPS computerized systems. We further acknowledge that a failure to comply with these duties and responsibilities will subject our agency to various sanctions as approved by the Department of Public Safety. These sanctions may include the termination of service to our agency. . COMMISSIONER State of Alaska Department of Public Safety Agency Department Head Date User Agency Date . User Agreement/Letter of Understanding Page: 4 . CITY OF SEWARD, ALASKA RESOLUTION NO. 93-113 AYES: NOES: ABSENT: ABSTAIN: A TrEST: Bencardino, Crane, Darling, Krasnansky, Swartz & White Sieminski None None APPROVED AS TO FORM: Wohlforth, Argetsinger, Johnson & Brecht, Attorneys for the city of Seward, Alaska ~f~ City Attorney . (City Seal) .