Joint Powers Agreement, Criminal Justice Agencya
SWIFT Contract #83317 -
MN010019A
STATE of MINNESOTA
JOWT POWERS AGREEMENT
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'CREMNAL JUSTICE AGENCY ,
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This ag==ent is. between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal j
Apprehension ("BCA") and City of Chanhassen on behalf of its Prosecuting-Attme-y--("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 justibe data communications
network to benefrt criminal justice agencies -in Niinnesota., 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 perfotheir- 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 signatares 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 oceurs when individual users at the Agency go to another Agency to obtain data and
informaiion -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 RCA's computer systems and tools using an interface. without limitation, interface types include: state
message switoh., .web services, enterprise service buss 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. Tn addition; pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCS. will provide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
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MN0100AA
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 confu�natiOil logger g, quality assurance, screening (pre-
employment), security, timeliness, training, use. of the system, and validation. Agency has created its own policies to j
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
htt-os-.//op.d-ps.mn.gov/6idn/
2.5-gency 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.-httos://s-os.x.state.mn.us/sites/bcaser\dcecatalo efault.agx.
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. 'Ta facilitate changes m 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 crilnirial-Justice
obligations and for ,which Agency is eligible,
2.7 Future access. Cn 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 tennis anal conditions contained in this Agreement
when utilizing zing new systems or tools provided under this Agreement.
2.8 Limitations on access. BCA .agjrees 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 oven compliance with the most
current applicable -state and federal laws.
2.9Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BSA 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 neva 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 togive 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 tCA in writing by
giving- notice to the Service Desk, BCA~SeryiceDesk@st-ate_mn.us.
2.11 Transaction record. The BCA creates and maintains a transaction record for -each exchange of data utilizing its
system and tools. In order to meet FBI-CJIS requirements- and to perform the audits described in Clause 'i, 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 -CHS 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.
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If 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 roust include the individual user who requested access, and the date, time and content of the request. The
transaction record must a1s i�iclude 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 nuninum of six (6) years from the date the
transaction occurred and must be made available to the B CA within one (1) business day of the BCA's request.
2.12 Court information access. Certain B CA 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 tree Clause �.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 understands there is a cost for, access to the criminal justice data communications. network described in
Minn.. Stat. § 299C.46. At the time this Agreement is signed, BCA understands that a third party will be responsible
for the cost of access.
Agency will identify the third party and provide the BCS. with the contact information and its contact person for
billing pur * eses so that billing can be established: The Agency will provide updated information to BCA's
Authorized Representativewithin ten business days when this information changes.
If Agency chooses to execute. -the Court Data Services Subscn'ber Amendment referred to in Clause 2.12 in. order to
access and/or submit Court Records via RCA'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 T.fonnation Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-79.3-1007, *or her
successor,.
The Agency's Authorized Representative is Todd Gerhardt, City Manager, 7700 Market Blvd, PO Box. 1.47,
Chanhassen, MN 55317, .952) 2271100, or his/her .successor.
5 Assignment, Amendments, waiver, and. Contract Complete
�,1 ASsIgnrnent n Neither party ay. -assign nor -transfer any rights or obligations under this Agreement.
5.2 Amendments. Any arnendrnent to this Agreement, except those described in Clauses 2.6 and 2.7 above must be
writing and will not be effective until it has been signed and approved by the same parties who signed and
approved the Original agreement, their successors in office, or another individual duly authorized.
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 NPii. esota Torts Claims Act,'Mbm Stat. §.
3.7=36 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. -
Ch. 466, governs the Agency's liability.
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7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies aftd accounting
procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or
Legislative Auditor., as appropriate, for azimum 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 relcvant 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.
S Government Data Practices
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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 m order to access and/or -submit-Court Records "via BCA's systems, the. follow ng..provisi-ons- regarding
data practices also apply.. The Court- is not sub j ect 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. A.11 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 miles promulgated by the N nnesota
S-preme Court, applicable state statute or federal law. All parties acknowledge and agree that these applicable
restrietions 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 becozes aware that a violation has occurred, Agency will inform BCA
subject to any restrictions in applicable law.
9,2 Sanctions Involving only BGA. 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 eliminatecL 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.
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SWIFT Contract- #833 1?
MN010019A
9.2.2 If BCA determines that Agency has j e-opardized -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 satisfaetion. if Agency's failure is continuing or repeated, Q-lause 11. i 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
Alaendment, 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
farther provides that only the Court has the authority to reinstate accessand use.
9.31 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 B CA. or Courts.
.Agency also under-sta.nds that reinstatement is only at the direction of the Court.
9.3.2 Agency fizrther 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 Courts so that an investigation as described in Clause 9.1 may occur.
to venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction -yin Ramsey .County, Minnesota.
11 Termination
11.1 Termination. The BCA. or the Agency may terniinate this Agreement at any time, with or without cause, upon 30
days' written notice to the other party's .Authorized Representative.
1L2 Termination dor Insufficient Funding. Either party may irnmediately 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. Tmust 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
appropTaate finds. 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. Covemment
Data Practices; 9. Investigation of alleged violations; sanctions; and 10.venue.
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MN010019A
low
The parfies indicate their agreement and authon'ty to execute this* Agreement by signtng be
1. STATE ENCUMBRANCE VERMCATION-
IndiAival certfies that funds have been encumbered as required
by AAm. Stat §§ 16A.15 and 160.05.
Name: (fp f \.j
(PRI
Signed:
Date:
SWIFT Contract number
1AGENCY
Name:ThoA. Furlong
.- Thomas (PRINT��
Signed:
Title:
(with delegated auibority)
Date:
Name: Todd Gerhardt
(PRINTED)
City Clerk/Manager
(with delegated authority)
Date
3. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
(PRINTED)
g -(,i Rv
gin . eOri, , 41 S" JT
Signed:
U61 Id %.4%0 L&
MNJIS Executive Director
Title:
(with delegated authority)
Date: 4
4. COABUSSIONER. OF ADMINISTRATION
delegated to Materials Management Division
BY
Date: /� � ��