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HomeMy WebLinkAbout2010 Joint Powers MN BCA CJDN MINNESOTA DEPARTMENT OF PUBLIC SAFETY o''t t k, t3 Bureau of Criminal Apprehension a �I►' 1430 Maryland Avenue East Saint Paul, Minnesota 55106 ati Phone: 651.793.7000 Fax: 651.793.7001 001 TTY: 651.282.6555 r www.dps.state.mn.us ot 40' October 12, 2010 Sandy Kruse Oak Park Heights Police Department Alcohol 14168 Oak Park Drive, PO Box 2007 and Gambling Oak Park Heights, MN 55082 Enforcement Bureau of Dear Ms. Kruse: Criminal Apprehension Driver Based on your request for additional services, the BCA is taking this opportunity to send and Vehicle your agency the new Master Joint Powers Agreement (JPA). This new JPA will establish a Services relationship between your agency and the BCA and make it easier for you to add services in Emergency the future. Communication Networks Enclosed please find six copies of a JPA for the City of Oak Park Heights on behalf of its Homeland Police Department. To review the policies at the website listed in Clause 2.4, the user id is Emergency and "c'dnsecure" and the password is dls tc R. We have had questions about Clause 3, Emergency J p p q Management Payment. The amount listed, if any, is what your agency is currently paying to connect; there Minnesota are no charges for any additional services requested. State Patrol Office of A joint powers agreement requires approval from the City Council, according to Minn. Stat. Communications §471.59, subd. 1. To speed the approval process here at the State, we need a copy either of Office of the Council's resolution approving the joint powers agreement or a copy of the meeting Justice Programs minutes showing the approval. Unapproved meeting minutes are acceptable. A sample Office of resolution for your use is also enclosed. If you wish the resolution electronically, please send Traffic Safety me an email request at the address below. State Fire Marshal If you are a statutory city, please have the mayor and city clerk sign the enclosed agreement. See Minn. Stat. §412.201. If your city is a "home rule charter city," Minn. Stat. Ch. 410 says that the Council has authority to delegate signing to a city employee. If you are a home rule charter city, please include a copy of the document delegating that signing authority when you return the signed copies. wasota 931CA you have any questions please contact me at 651- 793 -2734 or Julie.johansen @state.mn.us. Bkseau ot CrIrrinol Apoehersio, S ely, A ir did J lie Johansen Contracts and Grants Specialist Enclosures EQUAL OPPORTUNITY EMPLOYER T. "4 Oak Park Heights Request for Council Action Meeting Date: 10 -26 -2010 Time Required: 1 min. Agenda Item Title: Approve JPA with Police Dept. and State of MN Agenda Placement: New Business Resolution Originating Department/Requestor: 0 Park Heights Police Dept., Chief Brian DeRosier Requester's Signature Action Requested: Approve JPA with Police Dept. and State of MN Background/Justification: The police department is in the process of establishing an electronic charging system being implemented by the State of MN. This is a system in which the criminal complaints we file will all be done electronically with the police department, prosecuting attorney's, and the courts system. This agreement also covers our connection to the state records system which is also a conduit to the federal records system. These are high priority connections and essential to the function of the police department. Part of the process is updating our Joint Powers Agreement with the state. This agreement was last signed in 1997. The state is asking for a resolution of approval. RESOLUTION NO. 10 -10 -34 RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF OAK PARK HEIGHTS ON BEHALF OF ITS POLICE DEPARTMENT WHEREAS, the City of Oak Park Heights on behalf of its Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension to use systems and tools available over the State's criminal justice data communications network for which the City is eligible. The Joint Powers Agreements further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Oak Park Heights, Minnesota as follows: 1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Oak Park Heights on behalf of its Police Department, is hereby approved. 2. That the Chief of Police, Brian DeRosier, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment or agreement that may be required by the State of Minnesota to maintain the City's connection to the systems and tools offered by the State. 4. That Dave Beaudet, the Mayor for the City of Oak Park Heights, and Eric Johnson, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and Adopted by the Council on this 26th day of October, 2010. CITY OF OAK K HEIGHTS 1 By: David Beaudet Its Mayor ATT' By: ic o son Its ity d inistrator Minnesota Project Fact Sheet Bureau otairru,aiApprehension Minnesota Justice Information Services The Bureau of Criminal Apprehension developed an electronic charging, or eCharging, service to facilitate the movement of information between individual data systems in law enforcement prosecution, courts and state agencies. The Gap The criminal charging process involves a variety of records management systems which require duplicate data entry as information is amended or updated. These systems are usually not designed to pass information and documents to other systems, and no system can pass authorizations and approvals such as an electronic signature. They generate paper documents that are merely hand delivered and re- entered in another agency's system. In the worst situations, paper documents are transported by police officers. Similar data duplication and re -entry problems exist with DWI arrest forms. This leads to a lot of unnecessary travel, paper, legwork, and duplicate data entry, with resulting lost efficiency, data accuracy, and data links that waste physical and human resources. These data accuracy and data integration problems also create public safety risks as key pieces of information are "lost" inside the system, not accessible by those who need them to make decisions about whether a subject passes a background check, or to make sentencing decisions based on the subject's prior criminal history. The Solution The BCA created an eCharging service that serves as a "broker" between individual data systems passing incident reports, complaints, citations, and DWI administrative forms, including the underlying data and signatures, between law enforcement, prosecutors, state executive branch agencies, and the courts. The net result is improved public safety due to more accurate and complete criminal justice information, and more efficient use of human and financial resources. About the Project Timeline The eCharging system: March November 2009 Reduces or eliminates re -entry of criminal justice data Completed pilot P. Reduces or eliminates costs to transport documents between deployments in St. agencies and lost time for officers and court personnel Louis, Kan diyohi, Creates greater accuracy in incident and charging data Carver, and Olmsted Uses innovative electronic signature methods counties Allows agencies to track a document's activity as it moves Jan 2010 Statewide deployment through the system, sending notifications when a prosecutor, begins in Freeborn officer, or judge signs a complaint County Integrates with each agency's records management system February -June 2010 Planned Creates a criminal complaint within the eCharging system deployments in Integrates with state court electronic filing services Goodhue, Rice, Otter Eliminates need to print documents for signatures; and Tail, Lyon, and Isanti provides the service in a secure environment, fully compliant counties with data practices laws and Minnesota Court Rules. 2014 Statewide deployment complete DPS- M -0940 MN0821400 STATE OF MINNESOTA JOINT POWERS AGREEMENT CRIMINAL JUSTICE AGENCY This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension "BCA and the City of Oak Park Heights on behalf of its Police Depaitment "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 1 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. 16C.05, subdivision 2. 1.2 Expiration date: This Agreement expires five years from the date it is effective. 2 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. 1 DPS- M -0940 MN0821400 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.mn.us/cjdn/. 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 https: /sps.x. state.mn.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 information 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.mn.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 2.2B, 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. 2 DPS- M -0940 MN0821400 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 of the request. The transaction record must also include the date, time and content of the response along with the destination to 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 be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in 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), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. 299C.46 as specified in this Agreement. The Police Department pays for 1 line and 1 terminal. The bills are sent quarterly for the amount of Two hundred seventy dollars ($270.00) or a total annual cost of One thousand eighty dollars ($1,080.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within ten business days when this information changes. 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, additional fees, if any, are addressed in that amendment. 4 Authorized Representatives The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651- 793 -1007, or her successor. The Agency's Authorized Representative is Brian DeRosier, Chief of Police, 14168 Oak Park Blvd. N, Oak Park Heights, MN 55082, 651- 439 -4723, or his/her successor. 5 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 in office. 5.3 Waiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract 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 be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. 3 DPS- M -0940 MN0821400 7 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. 6.551, 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. 8 Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota 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. 4 DPS- M -0940 MN0821400 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 11.1 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 Termination for Insufficient Funding. Either party may immediately terminate 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 performed 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. 12 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 10.Venue. 5 DPS- M -0940 MN0821400 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 Minn. Stat. 16A.15 and 16C.05. Name: ame: (PRINTED) (PRINTED) Signed: igned: Date: Title: CFMS Contract No. A- (with delegated authority) Date: 2. AGENCY A n Name: �r�`r 6 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division Signed: art( er'ei -e' By: Title: A ti,! 6 Date: (with delegated ant sri L Date: e '23 /1 Name: IA II d D) Signe' ii fAr Title: 5 T4,/^ (with deleg. ed auth rity) Date: h 6