RES 2011-18 - 14804RESOLUTION NO. 2011 -18
RESOLUTION ENTERING INTO A JOINT POWERS AGREEMENT WITH THE STATE OF
MINNESOTA AND THE CITY OF FRIDLEY AND AUTHORIZING THE PUBLIC SAFETY
DIRECTOR TO ACT AS THE AUTHORIZED REPRESENTATIVE FOR THE CITY AND TO
EXECUTE SAID AGREEMENT
WHEREAS, under Minn. Stat. § 471.59, the State of Minnesota acting through its Department of Public
Safety, Bureau of Criminal Apprehension (hereinafter referred to as "BCA ") and the City of Fridley
acting on behalf of its Police Department (hereinafter referred to as "Agency ") are empowered to engage
in such agreements as are necessary to exercise their powers; and
WHEREAS, under Minn. Stat. § 299C.46, the BCA must provide a criminal justice data communications
network to benefit criminal justice agencies in Minnesota; and
WHEREAS, the Agency is authorized by law to utilize the criminal justice data communications network
pursuant to the terms set out in the Master Joint Powers Agreement; and
WHEREAS, the BCA either maintains repositories of data or has access to repositories of data that
benefit criminal justice agencies in performing their duties; and
WHEREAS, the Agency wants access to these data in support of its criminal justice duties; and
WHEREAS, the purpose of the Master Joint Powers Agreement is to create a method by which the
Agency has access to those systems and tools for which it has eligibility, and to acknowledge and honor
the requirements to obtain access and the limitations on the access; and
WHEREAS, this agreement specifically grants the Agency the use of all current and future systems and
tools of the BCA for which the Agency is eligible within the criminal justice data communications
network; and
WHEREAS, the costs to the Agency associated with the Master Joint Powers Agreement are three -
thousand dollars ($3,000) annually, an expense that has been and is currently budgeted by the Agency;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Fridley, Minnesota:
1. That the Master Joint Powers Agreement by and between the BCA and the Agency, shown in
Attachment 1, is hereby approved.
2. That the Fridley City Council Authorizes the Public Safety Director or his or her designee to be
the Authorized Representative for the Agency and to execute said Agreement and any subsequent
amendment or agreement that may be required by the BCA to maintain the Agency's connection to the
systems and tools offered by the BCA.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 28TH DAY
OF MARCH 2011.
A ��
Scott J. Lund, Mayor
Attest:
&amk-w
Debra A. Skogen, Citff Jerk
........ .........
Attachment 1
DPS- M -1004
MN0020600
1
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension ( "BCA ") and the City of Fridley on behalf of its Police Department ( "Agency ").
Recitals
Under Minn. Stat. § 471.59, the BCA and the Agency are empowered to engage in such agreements as are necessary to
exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications
network to benefit criminal justice agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice
data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains
repositories of data or has access to repositories of data that benefit criminal justice agencies in performing their duties.
Agency wants to access these data in support of its criminal justice duties.
The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
'Perm of Agreement
1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures tinder Minn.
Stat. § 16C.05, subdivision 2.
1.2 Expiration date: This Agreement expires five years from the date it is effective.
Agreement between the Parties
2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data
Communications Network (CJDN) and those systems and tools which the Agency is authorized by law to access via
the CJDN for the purposes outlined in Minn. Stat. § 299C.46.
2.2 Methods of access.
The BCA offers three (3) methods of access to its systems and tools. The methods of access are:
A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's
systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's
systems or tools.
B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and
information from BCA's systems and tools. This method of access generally results in the Agency with indirect
access obtaining the needed data and information in a physical format like a paper report.
C. Computer -to- computer system interface occurs when Agency's computer exchanges data and information
with BCA's computer systems and tools using an interface. Without limitation, interface types include: state
message switch, web services, enterprise service bus and message queuing.
For purposes of this Agreement, Agency employees or contractors may use any of these methods to use BCA's
systems and tools as described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10,
2.3 Federal systems access. In addition, pursuant to 28 CFR. §20.30 -38 and Minn. Stat. §299C.58, BCA will provide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
DPS- M -1004
MN0020600
2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI -CJIS) have policies,
regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre-
employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to
ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this
compliance through appropriate enforcement. These BCA and FBI -CJIS policies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
www.dps.state.nm.tis/cidn/.
2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of
the various systems and tools, information is available at hops: / /sps.x.state.nu-i.us/ sites/ bcaservicecatalog /default.aspx.
2.6 Access granted.
A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is
eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii)
complying with the terms of this Agreement; and (iii) acceptance by BCA of Agency's written request for use of a
specific system or tool.
B. To facilitate changes in systems and tools, Agency grants its Authorized Representative authority to make
written requests for those systems and tools provided by BCA that the Agency needs to meet its criminal .justice
obligations and for which Agency is eligible.
2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees that it will comply with applicable state and federal laws when accessing,
entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most
current applicable state and federal laws.
2.9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and
the Agency regarding access to and use of systems and tools provided by BCA_
2.10 Requirement to update information. The parties agree that if there is a change to any of the infonnation
whether required by law or this Agreement, the party will send the new information to the other party in writing
within 30 days of the change. This clause does not apply to changes in systems or tools provided under this
Agreement.
This requirement to give notice additionally applies to changes in the individual or organization serving a city as its
prosecutor. Any change in performance of the prosecutorial function needs to be provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDesk@state.n-m.us.
2.11 'transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its
systems and tools. In order to meet FBI -CJIS requirements and to perform the audits described in Clause 7, there
must be a method of identifying which individual users at the Agency conducted a particular transaction.
If Agency uses either direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's
transaction record meets FBI -CJIS requirements.
When Agency's method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to
occur.
DPS-M-l0O4
If an Agency accesses and maintains data from the Driver and Vehicle Services Division in the Minnesota
Department of Public Safety, Agency must have a transaction record of all access to the data that are maintained. The
transaction record must include the individual user who requested access, and the date, time and content ofthe
request. The transaction record must also include the date, time and content of the response along with the destination
10 which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date
the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request.
2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court
Records may only bn utilized bvthe Agency if the Agency completes the Court Data Services SuhoorDber
Amendment, which upon execution will bc incorporated into this Agreement 6vreference. These BCAsystems and
tools are identified jo the written request made by Agency under Clause 2.6 above. The Court Data Services
Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2,
below), D:oo (see Clunnc 3 below), and transaction records or logs, that govern Agency's uoocnm to and/or anbzoiuoimn
of the Court Records delivered through the BCf\ systems and tools.
3 Payment
The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn.
Stat. 8 299C40 as specified in this }\oreuozeot. The Police Department pays for l line and 5 terminals. The bills are
sent quarterly for the amount of Seven hundred fifty dollars ($750.00) or a total annual cost nf Three thousand dollars
($3`000.00).
Agency will identify its contact person for billing purposes, and will updated bniho-nadootoE|CA`o
Authorized Representative within ten business days when this information changes.
If Agency chooses to execute the Court Data Services Subscriber Amendment referred tobo Clause 2.l2 in order to
access and/or submit Court Records via 8CA`asystems, additional fees, if any, are addressed io that amendment.
4 Authorized Representatives
TheB[A's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, l430 Maryland Avenue, St. Paul, MN 55106,651'793 1007,orber
ouooeaour.
The Authorized Representative is Donovan Abbott, Chief, 6431 University Avenue NE, Fridley, MN 55433`
763-572-3629, or his/her successor.
Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in
writing and will not be effective until it has been signed and approved by the same parties who signed and
approved the original agreement, or their successors inoffice.
5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right tn enforce it.
5.4 Contraet Complete. This Agreement contains all negotiations and agreements between the BCA and the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
6 Liability
Each party will be responsible for its own acts and behavior and the results thereof and shall not ho responsible m
liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Otat.8
3.736 and other applicable laws govern the 8CA`oliability. The Minnesota Municipal TortClutuz Act, Minn. 8tui.
Ch. 466, governs the 'a liability.
DPS- M -1004
MN0020600
Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting
procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. §
6,5 51, the State Auditor may examine the books, records, documents, and accounting procedures and practices of
BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices
that are relevant to this Agreement.
7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency will
cooperate with FBI examiners and make any requested data available for review and audit.
7.4 To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the data covered by this Agreement and the physical location of each.
Government Data Practices
8.1 BCA and Agency. The Agency and BCA must comply with the Mimlesota Government Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under this Agreement. The remedies of
Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the
BCA.
8.2 Court Records. If Agency chooses to execute the Court Data Services Subscriber Amendment referred to in
Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the following provisions regarding
data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules
of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties
acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with
the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is
defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota
Supreme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrictions must be followed in the appropriate circumstances.
9 Investigation of alleged violations; sanctions
For purposes of this clause, "Individual User" means an employee or contractor of Agency.
9.1 Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected
violations of federal law, state law, and policies and procedures referenced in this Agreement. When BCA becomes
aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any
restrictions in applicable law. When Agency becomes aware that a violation has occurred, Agency will inform BCA
subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment.
9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
must determine if and when an involved Individual User's access to systems or tools is to be temporarily or
permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is
discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report
the status of the Individual User's access to BCA without delay.
DPS- M -1004
MN0020600
9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2,
BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is
remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and
BCA may terminate this Agreement immediately.
9.3 Sanctions Involving Only Court Data Services
The following provisions apply to those systems and tools covered by the Court Data Services Subscriber
Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the
delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is
required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed
by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered,
after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or
terminate may also be made based on a request from the Authorized Representative of Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's
Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur.
10 Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
1.1..1 Termination. The BCA or the Agency may terminate this Agreement at any time, with or without cause, upon 30
days' written notice to the other party's Authorized Representative.
11.2 Teriiiircatiorz for.liasufficient Funding. Either party may immediately tenminate this Agreement if it does not
obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level
sufficient to allow for the payment of the services covered here. Termination must be by written notice to the other
party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice
and effective date of termination. However, the BCA will be entitled to payment, determined on a pro rata basis, for
services satisfactorily perfonned to the extent that funds are available. Neither party will be assessed any penalty if
the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
receiving that notice.
1.2 Continuing obligations
The following clauses survive the expiration or cancellation of this Agreement: 6. Liability; 7. Audits; 8. Government
Data Practices; 9. Investigation of alleged violations; sanctions; and l O.Venue.
DPS- M-1004
MN0020600
The parties indicate their agreement and authority to execute this Agreement by signing below.
1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
Individual certifies that funds have been encumbered as required CRIMINAL APPREHENSION
by Mina Stal. §§ 16A,15 and 16C 05,
Name:
Name: (PRINTED)
(PRINTED)
Signed: Signed:
Date: Title:
CFMS Contract No. A- (with delegated authority)
Date:
2. AGENCY
Name: (PRINTED) 4. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
Signed:
By:
Title: Date:
(with delegated authority)
Date:
Name:
(PRINTED)
Signed:
Title:
(with delegated authority)
Date:
1