1e. eCharging Services Joint Powers Agreement
CITY OF
CHANHASSEN
7700 Market Boulevard
PO' Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952,227,1110
Building Inspections
Phone: 952,227,118G
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952,227,1140
Fax: 952.227.1110
Park & Recreation
Phone: 952,227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952,227.1400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax: 952,227,1110
Public Works
1591 Park Road
Phone: 952.227.1300
Fax: 952.227,1310
Senior Center
Phone: 952.227.1125
Fax: 952,227,1110
Web Site
www.ci.chanhassen.mn.us
1e
MEMORANDUM
TO: Mayor & City Council
FROM:
Todd Gerhardt, City Manager
DA TE:
September 14, 2009 tJ'k:e'/
SUBJ:
eCharging Services Joint Powers Agreement
Carver County has been chosen as a pilot county for the new eCharging of
criminal offenses by electronic filing of formal complaints. With Campbell
Knutson as our legal prosecutor, specific software will be required for them to
access the State of Minnesota and Bureau of Criminal Apprehension (BCA)
network system. To accomplish this, the city must enter into a joint powers
agreement with the State and BCA.
The goal of this program is to save time and improve efficiency by creating a
centralized process to allow County law enforcement and prosecution offices to
electronically prepare and transmit charging documents to the courts.
The City Attorney has reviewed the joint powers agreement and recommends
approval.
ATTACHMENT
1.
Joint Powers Agreement between the State of Minnesota, BCA, and City
of Chanhassen.
g:\admin\tg\echarging prosecution services.doc
Chanhassen is a Community for life - Providing for Today and Planning for Tomorrow
- MINNESOTA DEPARTMENT OF PUBLIC SAFETY
Alcohol
and Gambling
Enforcement
ARMER/911
Program
Bureau of
Criminal
Apprehension
Driver
and Vehicle
SerVices .
Homeland
Security and
Emergency
Management
Minnesota
State Patrol
Office of
Communications
Office of
Justice Programs
Office of
Traffic Safety
State Fire
Marshal and
Pipeline Safety
Bureau of Criminal Apprehension
1430 Maryland Avenue East · Saint Paul, Minnesota 55106
Phone: 651.793.7000 · Fax: 651.793.7001 · TtY: 651.282.6555
www.dps.state.mn.us
August 4, 2009
ReCeiVeD
AUG 2
CITy 4 2009
OF Cft
'ANHASSEN
Chanhassen City Attorney's Office
Attn: Elliot Knetsch
1380 Corporate Center Drive, Suite 317
Eagan, Minnesota 55121
Mr. Knetsch:
Enclosed please find six copies of the Joint Powers Agreement relating to eChargingServices
to be signed, and an information document for cities and counties relating to legal authority to
sign contracts.
All copies should be returned directly to me at your earliest opportunity:
Iv.1N Bureau of Criminal Apprehension
Attn: Suzanne Resler
1430 Maryland Avenue E
St. Paul, MN 55106
Let me know if you have any questions. Thank you.
Sincerely,
\
~~
Suzanne Resler
Contracts and Grants Coordinator
. 651-793-1004
Suzanne.resler@state.mn.us
EQUALqPPQRTUNITYEMPLOYER
DPS Contract No. __
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension, 1430 Maryland Avenue East, St. Paul, Minnesota, ~5016 ("State") and City ofChanhassen, Chanhassen
City Attorney's Office, 1380 Corporate Center Dr., Suite 317, Eagan, Minnesota, 55121 ("Governmental Unit").
Recitals
Under Minn. Stat. ~ 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State
has a service that provides communication and work flow tools for law enforcement, prosecutors and the courts known as
"eCharging." Statutory requirements for the eCharging service are found in Minn. Stat. ~299C.41.
Agreement
1 Term of Agreement
1.1 Effective date: This agreement is effective or on the date the State obtains all required signatures under Minn.
Stat. ~ 16C.05, subdivision 2.
1.2 Expiration date: This agreement ends five years from the effective date or when! all obligations have been
satisfactorily fulfilled, whichever occurs first.
2 Agreement betwe~n the Parties
The purpose of this agreement is to document what functionalities within eCharging the Governmental Unit will be
using. These functionalities include (a) communicating information from law enforcement to a prosecutor to evaluate
whether to bring criminal charges against an individual, (b) creating the charging document, (c) transmitting
administrative (orms about driving while intoxicated (OWl) to the Department of Public Safety, Driver and Vehicle
Services Division;.(d) transmitting electronic citations from law enforcement directly to the courts; and (e) transmUting
charging documents from law enforcement and prosecutors to the courts for approval and filing.
the functionalities within eCharging the Governmental Unit will be using are:
(a) communicating information from law enforcement to a prosecutor to evaluate whether to bring criminal charges
against an individual,
(b) creating the charging document,
(e) transmitting charging documents from law enforcement and prosecutors to the courts for approval and filing.
3 Payment
There is no cost to either party for eCharging.
---.
4 Authorized Representatives
The State's Authorized Representative is Oded Galili, Deputy Director of Minnesota Justice Information Services,
Bureau of Criminal Apprehension, 1430 Maryland Avenue East, St. Paul, Minnesota, 55106, (651) 793-2710, or
his/her successor.
The Governmental Unit's Authorized Representative is Elliot Knetsch, City Attorney, 1380 Corporate Center Drive,
Suite 317, Eagan, Minnesota, 55121, (651) 234-6233.
5 Assignment, Amendments, Waiver, and Contract Complete
5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this
agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and
approved by the same parties who executed and approved this agreement, or their successors in office.
5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original agreement, or their successors
in office.
Joint Powers Agreement (Rev. 6/03)
DPS Contract No. ____
5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its
right to enforce it.
~.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the
Governmental Unit. 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 ofthose actions. The Minnesota Torts Claims Act, Minn. Stat. ~
3.736 and other applicable laws govern the State's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. ~
466.02, governs the Agency's liability. .
7 State Audits
Under Minn. Stat. ~ 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures
and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative
Auditor, as appropriate, for a minimum of six years from the end of this agreement.
8 Government Data Practices
The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch; 13
and Minn. Stat. ~ 299C.41 as it applies to all data transmitted through eCharging under this agreement, and as it applies
to all ,data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this
agreement. The civil remedies of Minn. Stat. ~ 13.08 apply to the release ofthe data referred to in this clause by either
the Governmental Unit or the State.
9 Venue
Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court
with competent jurisdiction in Ramsey County, Minnesota.
10 Termination
The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days'
written notice to the other party.
1. GOVERNMENTAL UNIT
2. STATE AGENCY
By:
By:
(with delegated authority)
Title:
Title:
Date:
Date:
DPS Contract No.
By:
Title:
3. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
Date:
By:
Date:
By:
Title:
Date:
Joint Powers Agreement (Rev. 6/03)
2