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HomeMy WebLinkAbout2011-01-19 PACKET 04.E.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # Lj DATE 01/19/11 PREPARED BY Public Safety Craig A. Woolery ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST City Council pass a motion to approve the State of Minnesota Joint Powers Agreements and authorize execution of the agreements between the City of Cottage Grove Department of Public Safety and the State of Minnesota and authorize the Mayor and City Clerk to execute such an agreement on behalf of the Cottage Grove Police Department. City Council pass a motion to approve the State of Minnesota Joint Powers Agreements and authorize execution of the agreements between the City of Cottage Grove Department of Public Safety and the State of Minnesota and authorize the Mayor and City Clerk to execute such an agreement on behalf of the Cottage Grove Police Department. SUPPORTING DOCUMENTS ® MEMO /LETTER: from Director of Public Safety Craig Woolery RESOLUTION: ® OTHER: State of Minnesota Joint Powers Agreements ADMINISTRATORS COMMENTS W ity Administrator Date From: Director of Public Safety Craig A. Woolery (� Date: January 7, 2011 Subject: BUREAU OF • N'S MASTER JOINT PO WERS 4ATEE1 INTRODUCTION The Bureau of Criminal Apprehension (BCA) is updating its Master Joint Powers Agreement (JPA) with all Minnesota Law Enforcement Agencies. In accordance with the State Statute, approval by City Council resolution is required as a statutory city and the Joint Powers Agreement signed by the Mayor and City Clerk. This Master Joint Powers Agreement will allow for future system improvements such as the State's new eCharging service which will utilize electronic signatures on court related documents. The eCharging service will alleviate the need to have personnel physically deliver documents, improve accuracy and eliminate redundancies in data entry. There are no additional costs associated with this agreement. RECOMMENDATION Approve the resolution approving the State of Minnesota Joint Powers Agreement with the City of Cottage Grove on behalf of its City Attorney and Police Department. CAW /cce VKA Minnesota Project Fact Sheet Minnesota Justice Information Servicais 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. Cd ., :• 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. 3 F= 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. The eCharging system: Reduces or eliminates re -entry of criminal justice data ® Reduces or eliminates costs to transport documents between agencies and lost time for officers and court personnel Creates greater accuracy in incident and charging data Uses innovative electronic signature methods Allows agencies to track a document's activity as it moves through the system, sending notifications when a prosecutor, officer, or judge signs a complaint Integrates with each agency's records management system Creates a criminal complaint within the eCharging system Integrates with state court electronic filing services Eliminates need to print documents for signatures; and provides the service in a secure environment, fully compliant with data practices laws and Minnesota Court Rules. Minnesota Justice information Services - 1430 ftMaryiand Ave. 6., St. Paul, 55106 - 651- 703 -2500 - www.bca.state.rnn.us RESOLUTION NO. 2011 - [Resolution Number] RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CIYT OF COTTAGE GROVE ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Cottage Grove on behalf of its prosecuting Attorney and 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 connections. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Cottage Grove, County of Washington, State of Minnesota, as follows: That the State of Minnesota Joint Powers Agreements and between the State of Minnesota acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City of Cottage grove on behalf of its prosecuting Attorney and Police Department, are hereby approved. Copies of the two Joint Powers Agreements are attached to this Resolution and made a part of it. That the Director of Public Safety Craig A. Woolery, or his 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. To assist the Authorized Representative with the administration of the agreement, Kathi Buss is appointed as the Authorized Representative's designee. That the City Attorney F. Joseph Taylor, or his successor, is designated the Authorized Representative for the Prosecuting Attorney. 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. To assist the Authorized Representative with the administration of the agreement, Cheryl Kinney and Shari Olmstead are appointed as the Authorized Representative's designees. 4. That Myron Bailey, the Mayor for the City of Cottage Grove, and Caron Stransky, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and adopted this 19 day of January, 2011. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk DPS- M -1009 MN0820700 STATE OF MINNESOTA i This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ( "BCA ") and the City of Cottage Grove 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 Term of Agreement 1.1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Star. § 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. Star. § 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 RCA'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 proposes 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 -1009 MN0820700 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 ffine, are incorporated into this Agreement by reference. The policies are available at www.dus.state.mn.us /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 htt / /spa.x.state us/ sites /bcaservicecataloa/de .2x 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 malting 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.ServiceDeslca)state.rnn.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 2.28, 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 -1009 MN0820700 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. 2.1.8 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 7 terminals. The bills are sent quarterly for the amount of Nine hundred ninety dollars ($990.00) or a total annual cost of Three thousand nine hundred sixty dollars ($3,960.00). 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 Getz, 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 Craig Woolery, Director, 7516 80` Street South, Cottage Grove, MN 55016, 651- 458 -2850, 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 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. 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. DPS- M -1009 MN0820700 Audits 7.1 Under Minn. Star. § 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. Star. § 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. Government Data Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Star. 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 1.3.90) 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. Star. § 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 hndividual User's access to BCA without delay. DPS- M -1.009 Mlv'0820700 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 anytime, 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. DPS- M -1009 MN0820700 TAaeparties faadicate tdzeir agreeaneaat and authority to execzate this,Agreemeaat by sigaafrzg below. 1. STATE ENCUMBRANCE VERIFICATION 3. (DEPARTMENT OF PUBLIC SAFETY, BUREAU OF Individual certifies that funds have been enc unbered as required CRIMINAL APPREHENSION by Minn, Sint. §§ 16A, 15 and 160.05. Name: Name: (PRINTED) Signed: Signed: -- Date: _. -- -..._._ Title: (with delegated authority) CFMS Contract No. A- Date 2. AGENCY Name: _ A. COMMISSION FR OF AI9 YIINISTRATI ®N (PRINTED) delegated to Materials Management Division Signed: Title: _ _ Date: (with delegated authority) Date: Name: Signed: Title: (with delegated authority) Date: 6