3.6. SR 08-15-2011REQUEST FOR ACTION
TO ITEM NUMBER
Ma or and Ci Council 3.6.
AGENDA SECTION MEETING DATE PREPARED BY
Consent Au ust 15, 2011 Bradle R. Rolfe, Chief of Police
ITEM DESCRIPTION REVIEWED B)/
Joint Powers Agreement Between the Police Department and Robert Thistle, Interim City~n
ii~~JJ
the State of Minnesota, Bureau of Criminal Apprehension Admiiustrator
REVIEWED BY
ACTION REQUESTED
Requesting that the Council adopt a Resolution approving the Joint Powers Agreement between the
Police Department and the State of Minnesota, Bureau of Criminal Apprehension.
BACKGROUND/DISCUSSION
The Police Department is currently working on a project with the State of Minnesota, Bureau of Criminal
Apprehension to implement electronic charging (eCharging). This process allows for a more efficient
flow of documents between the prosecuting attorney, law enforcement, and the courts.
A software adaptor is necessary for the eCharging system to communicate with our records management
system (RMS) and the cost of this adaptor has been quoted at $1,000.00. Through a grant administered
by the State, these funds have become available to the Police Department. The only requirement by the
State is that a Resolution be passed by the Council and the Joint Powers Agreement be signed by the
Mayor and City Clerk.
FINANCIAL IMPACT
The purpose of the Joint Powers Agreement is to allow for the funding of the eCharging adaptor by a
grant administered through the State. The grant amount will be approximately one thousand dollars
($1,000.00).
ATTACHMENTS
^ Resolution and Joint Powers Agreement
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\08-15-2011\JPA PD.docx
RESOLUTION NO.
RESOLUTION APPROVING STATE OF MINNESOTA~OINT POWERS
AGREEMENTS WITH THE CITY OF ELK RIVER ON BEHALF OF ITS POLICE
DEPARTMENT
WHEREAS, the City of Elk River on behalf of its Police Chief desires to enter into a Joint Powers
Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal
Apprehension to receive funding to install an adapter to facilitate eCharging in the city.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Elk River, 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 Elk River on behalf of its police chief are hereby approved.
Copies of the Joint Powers Agreement is attached to this Resolution and made a part of it.
2. That the Chief of Police, Bradley R. Rolfe, or his or her successor, is designated the
Authorized Representative for the Police Chief.
To assist the Authorized Representative with the administration of the agreement, Captain
Robert Kluntz is appointed as the Authorized Representative's designee.
3. That John J. Dietz, the Mayor of the City of Elk River, and Tina Allard, the City Clerk,
are authorized to sign the State of Minnesota Joint Powers Agreements.
Passed and Adopted by the Council on this 15`" day of August, 2011.
CITY OF ELK RIVER
By: Mayor John J. Dietz
Its Mayor
ATTEST:
By: Tina Allard
Its City Clerk
SWIFT Contract #30251
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
This agreement is between the State of Minnesota, acting through its Commissioner of Public
Safety, Bureau of Criminal Apprehension -Minnesota Justice and Information Services - MNJIS
("State") and the Elk River Police Department, 13077 Orono Parkway, Elk River, MN 55330-
0723 ("Governmental Unit").
Recitals
1. Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed
necessary.
2. Under Minn. Stat. § 299C.65, the Commissioner of Public Safety, together with the Criminal Justice
Policy Group (MNJIS' governing body) is responsible for the successful completion of statewide
criminal justice information system integration Network(CriMNet).
3. While various other Criminal Justice agencies at state and local government levels are working to
prepare their individual information systems for the integration process, it is the MNJIS Office that is
building the infrastructure required to integrate those systems.
4. The State is in need of the installation and configuration of software to enable data workflow between
the Government Unit and the state courts from the Government Unit's document management system
using the BCA's eCharging application. This installation will enable the eCharging Incident/eReferral
and eCitation components by configuring and activating the code within the eCharging eComplaints
currently implemented on the Government Unit's records management server. The installation and
configuration by Law Enforcement Technology Group, LLC (LETG) will include installation,
activation, and configuration of the software on one records management server (RMS host) and at
each agency enrolled on the records management server.
Agreement
Term of Agreement
1.1 Effective date: Aus_>ust 15, 2011, or the date the State obtains all required signatures
under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later.
1.2 Expiration date: September 30, 2011, or until all obligations have been satisfactorily
fulfilled, whichever occurs first.
2 Agreement between the Parties
For this project, the Governmental Unit will work with their Record Management System (RMS)
vendor to install their eCharging adaptor that will provide eCharging submission capability from the
Government Unit's RMS to the eCharging system at the BCA. The effort involved includes
installation and testing of the adapter to successful citation submissions froin the Governmental
Unit's RMS are received and are able to be processed by the eCharging system. The Governmental
Unit will be paid a fixed cost for the installation of the adapter at their location as well as at any other
agencies/locations served by their RMS.
The installation and configuration will include the following functionality:
a) Modifications to Elk River's LETG software necessary for it to use LETG's eCharging adapter.
b) The successful submission of citations from Elk River's LETG installation, using the above
components, to eCharging's production environment.
c) Project management necessary to complete the above work
This agreement does not include the costs associated with annual maintenance charged to the
Government Units by the vendor for support for the records management system. Annual support for
the additional functionality is the responsibility of the Government Unit.
Joint Powers Agreement (Rev. 08/10)
SWIFT Contract #30251
All tasks, services and deliverables for this effort must be provided by the Governmental Unit's
vendor(s) in accordance with the State of Minnesota Enterprise Technical Architecture available on
the website: http://mn. ovg /oet/policies-and-standards/enterprise-architecture/index.isp; and in
accordance with the Department of Public Safety's Security Architecture (Exhibit A) and State of
Minnesota's Non-Visual Access Standards (Exhibit B) which are attached and incorporated into this
agreement.
2.1 For this effort, as specified above, the Governmental Unit will contract with their RMS
vendor to:
A. Implement an adapter to MN BCA eCharging specifications to facilitate the
submission of citations between the Governmental Unit's RMS utilized at the
following location(s):
Elk River Police Department (Server and Installation)
B. Test and verify the adapter accommodates successful submissions of citations from
the Governmental Unit's RMS to the eCharging system.
C. Implement and support the adapter during the initial deployment of the eCharging
system at the Governmental Unit's location.
2.2 The State will NOT provide:
A. Resources to test RMS or Case Management System (CMS) applications. The Governmental
Units' vendor is responsible for these testing activities.
B. Training on the RMS or CMS user adaptor or modifications -the Governmental Units' vendor
is responsible for these training activities.
3 Payment & Consideration
The State will pay for all services performed by the Governmental Unit under this agreement as
follows:
The State agrees to reimburse the Government Unit as follows:
$1,000.00 RMS Server at Elk River Police Department.
The total obligation of the State under this agreement will not exceed $1,000.00.
The Governmental Unit will submit itemized invoices to the State's Authorized Representative of this
agreement when all work is completed, accepted by the State and within 30 days of the period
covered by the invoice for work satisfactorily performed and completed on this project. Final invoice
must be submitted by October 28, 2011.
4 Authorized Representatives
The State's Authorized Representative is Robert Hernz, Assistant Director, 1430 Maryland
Avenue East, St. Paul, MN 55106, 651-793-2520, or his/her successor.
The Governmental Unit's Authorized Representative is Bradley Rolfe, Chief, 13077 Orono
Parkway, Elk River, MN 55330-0723, 763-635-1260, or his successor.
Joint Powers Agreement (Rev. 08/10)
SWIFT Contract #30251
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.
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.
5.4 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 Indemnification
In the performance of this contract by the Governmental Unit, or Governmental Unit's agents or
employees, the Governmental Unit must indemnify, save, and hold harmless the State, its agents,
and employees, from any claims or causes of action, including attorney's fees incurred by the
state, to the extent caused by Governmental Unit's:
1) Intentional, willful, or negligent acts or omissions; or
2) Actions that give rise to strict liability; or
3) Breach of contract or warranty.
The indemnification obligations of this section do not apply in the event the claim or cause of
action is the result of the State's sole negligence. This clause will not be construed to bar any
legal remedies the Governmental Unit may have for the State's failure to fulfill its obligation
under this contract.
7 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Governmental Units' 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,
Minnesota Statute Ch. 13, as it applies to all data provided by the State 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 Minnesota Statute § 13.08 apply to
the release of the data referred to in this clause by either the Governmental Unit or the State.
If the Governmental Unit receives a request to release the data referred to in this Clause, the
Governmental Unit must immediately notify the State. The State will give the Governmental Unit
instructions concerning the release of the data to the requesting party before the data is released.
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
10.1 Termination. The State or the Governmental Units may terminate this agreement at any
time, with or without cause, upon 30 days' written notice to the other party.
Joint Powers Agreement (Rev. 08/10) ,
SWIFT Contract #30251
10.2 Termination for Insufficient Funding. The State 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 or fax notice to the Governmental
Units. The State is not obligated to pay for any services that are provided after notice and
effective date of termination. However, the Governmental Units will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed to the extent that funds
are available. The State will not 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. The State must provide the Governmental Units notice of the lack of
funding within a reasonable time of the State's receiving that notice.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minn. Stat. § § 16A.15 and 16C.05.
Signed:
Date:
SWIFT Purchase Order No.
2. GOVERNMENTAL UNIT
The Governmenta- Unit certifies that the appropriate person(s)
have executed the agreement on behalf of the Governmental Unit
as required by applicable articles, bylaws, resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
By:
Title:
Date:
By:
Title:
Date:
3. STATE AGENCY
By:
(with delegated authority)
Title:
Date:
4. COMMISSIONER OF ADMINISTRATION
delegated to Materials Management Division
By:
Date:
Joint Powers Agreement (Rev. 08/10)
EXHIBIT A
Department of Public Safety's Security Architecture
SWIFT Contract #30251
Minnesota Department of Public Safety divisions and their vendors should be aware of the department's
security architecture when designing and/or implementing applications or installing network devices on
departmental resources.
Web Based Applications and/or Servers
Web Based Applications should be based upon Microsoft Internet Information Server unless there
is compelling business needs to use some other Web Server environment.
Web Servers will be installed on a separate and isolated Ethernet network segment behind a
departmental firewall.
Web Servers must not host Applications. Applications must reside on a separate Application
Server on a separate and isolated Ethernet network segment behind a departmental firewall.
The departmental network is TCP/IP based.
As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions
and/or their vendors must provide all source and destination addresses, port numbers, and
protocols required for network communications. In addition, they must provide a written business
need for the network communications.
Database Applications and/or Servers
Database Applications should be based upon Microsoft SQL Server unless there are business
needs to use some other Database Server environment.
Database Servers will be installed on a separate and isolated Ethernet network segment behind a
departmental firewall.
The departmental network is TCP/IP based.
As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions
and/or their vendors must provide all source and destination addresses, port numbers, and
.protocols required for network communications. In addition, they must provide a written business
need for the network communications.
Email Based Applications and/or Servers
DPS divisions and/or their vendors are encouraged to use the department's email system where
appropriate.
Email Based Applications should be based upon Microsoft Exchange Server unless there is
compelling business needs to use some other Web Server environment.
Email Servers will be installed on a separate and isolated Ethernet network segment behind a
departmental firewall.
Joint Powers Agreement (Rev. 08/10)
The departmental network is TCP/IP based.
SWIFT contract #30251
As the default profile of the firewall is to deny all incoming and outgoing traffic, DPS divisions
and/or their vendors must provide all source and destination addresses, port numbers, and
protocols required for network communications. In addition, they must provide a written business
need for the network communications.
Applications and/or Application Servers
DPS divisions and/or their vendors will need to discuss with the departmental Security Manager as to
the appropriate placement of applications and application servers.
Data Privacy
Since some departmental data is classified as "Not Public" data, this type of data must be
protected during transport across public networks and possibly in storage.
The department has implemented Virtual Private Network (VPN) technology to aid in the
transport of private data.
Contact the departmental Security Manager for discussions on the use of this technology.
Vendor Remote Access
Remote vendor access for technical support will occur when there is a valid business need,
through a secured and monitored VPN. If persistent access is required, the VPN will use two-
factor authentication. If one time access is required, VPN access may be granted using a strong
password. This remote VPN access shall be limited by the firewall and/or VPN server to the
specific protocols, ports, and servers needed.
Vendor staff may be required to undergo a background criminal history check in accordance with
DPS Policy #5100 Information Resources Security and Acceptable Use.
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Joint Powers Agreement (Rev. 08/10)
EXHIBIT B
2007 Minnesota Statutes
SWIFT Contract #30251
16C.145 NONVISUAL TECHNOLOGY ACCESS STANDARDS.
(a) The commissioner shall develop nonvisual technology access standards. The standards
must be included in all contracts for the procurement of information technology by, or for the
use of, agencies, political subdivisions, and the Minnesota State Colleges and Universities. The
University of Minnesota is encouraged to consider similar standards.
(b) The nonvisual access standards must include the following minimum specifications:
(1) that effective, interactive control and use of the technology including the operating
system, applications programs, prompts, and format of the data presented, are readily achievable
by nonvisual means;
(2) that the nonvisual access technology must be compatible with information technology
used by other individuals with whom the blind or visually impaired individual must interact;
(3) that nonvisual access technology must be integrated into networks used to share
communications among employees, program participants, and the public; and
(4) that the nonvisual access technology must have the capability of providing equivalent
access by nonvisual means to telecommunications or other interconnected network services used
by persons who are not blind or visually impaired.
(c) Nothing in this section requires the installation of software or peripheral devices used
for nonvisual access when the information technology is being used by individuals who are not
blind or visually impaired.
History: 1998 c 366 s 27; 1999 c 250 art 1 s 54
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Joint Powers Agreement (Rev. 08/10)