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01-473ORIGINAL Presented By: Referred To: Committee:Date: BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached agreement with the Minnesota Department of Public Safety, Of£ce of Technical Support Services, which includes an indemnification clause, for use of the Criminal Justice Data Network (CJDl�. A copy of said agreement is to be kept on file and on record in the Of£ce of Financial Services. Requested by Department of: Bostrom Coleman Harris Adopted by Council: Date: Adoption Certified by Council B Y� �--� a- i Approved by Mayor: Date: �� � tF ?�J � Bye _ RESOLUTION ? SAINT PAUL, MINNESOTA Council File # p� � �-113 Green Sheet # 111760 a� B3': Fox By: Approved by Mayor for Submission to Council: BY:_���!��l'�"� i�--- � MNDeptofPublicSafetyCriminalJusticeDataNetwork.cr.01 \) . __ - t� �DEPARTMENT/OFFICEICOUNCIL DATE INITIATED .�olice 4/6/Ol GREEN SHEET No. 111760 A T ER N PHON 1wi71AUDn 1NfTWJDATE W'L7iamFinney 292-3588 � EPARIM[MDIrsEClOR 1 4 fAIINCIL MUSi BE ON COUNqL AGENDA BY (DA7E) g, ��^ ^ ASAP ❑2 crtrwrrwwer� ❑cmt�ewc u ❑FUwxeuis�mevsouc_ ❑Flxnr�aus�eawecrc ' .s �xwYOR(ORASSIiTANiJ_ � 4+UMPNWGMS �.� 4�1 TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUES7ED Approval of the athached council resolution authorizing the Saint Paul Police Department to enter into an agreement with the Minnesota Deparhnent of Public Safety, Office of TecLnical Support Services, for use of the Criminal Justice Data Network (CJDl�. RECOMMENDATION Approve (/y or Reject (R) PERSONAL SERVICE CONTRACTS MUSTANSWERTHE FOILOWING QUESTIONS: 1. Has this pereon/firtn ever worked under a contract for this department'� PLANNING COMMISSION - YES� NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee? CIVILSERVICECOMMISSION YES NO 3. Dces this persor✓firm possess a skill not rartnally possessed by arry curterrt city employee? YES NO 4. Is this person/firtn a targeted vendof� YES NO Fxpla�n all yes answers on sepa2te sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHA7, WHEN, WHERE, WHY� The Minnesota Department of Public Safety will pxovide equipment and services undet the attached CJDN agreement that allows the Saint Paul Police Depariment to access data for velucle licenses, driver licenses, etc. Authorizarion is needed to enter into the agraement wluch includes an indemnificarion clause. ADVANiAGESIFAPPROVED ' Ability to access velucle licenses, driver �icenses, and other data needed by the Police Depaz DISADVANTAGES IF APPROVED , ^ � � � � � � � e'i None. DISADVANTAGES IF NO7 APPROVED � �rT� A�TORNEY Data needed by police officers will not be readily available. „ �a as'°�a i v �a �s�s P� � r: , �, TOTAL AMOUNT OF TRANSACTION $ - COSLREVENUE BUDGETED iqRCLE ONE) YES NO FUNDING SOURCE ACTNITY NUMBER FINANCIAL INFORMATION (EXPLAIN) 6 1-4'1.7 MN DEPARTMENT OF PUBLfC SAFETY CRiiVlil�liL JUS i iG�- RA3A Cv"yiN'ii1NICATIONS N�TWORK AGREEMENT (DISTRIBUTION OF EQUIPMENT/SERVICES TO LAW ENFORCEMENT AGENCIES) Contract � TH1S JOINT POWERS AGREEMENT, by and between the State of MinnesoYa, acting through its Commissioner of Public SafeN O�ce of Technical Support Services (hereinafter referred to as the STATE) and Citv of St. Paul, St Fa�' r�cl;ce Departmen4 ,(hereinafter refe*red to as GOVERNMENTAL UNI� wftness that: WNEREAS, the STATE, pursuant to Minnesota Statute, Chapter 299C.46, Subdi�iision 1 is authorized to fease or purchase facilities and equipment as may be necessary to establish and maintain the data communications neiwork with criminal justice agencies, and WHEREAS, Minnesota Statute, Chapter 299C. 46, Subdivision 2 defines criminal justice agencies allowed to connect to the criminal justice data communications network, and WHEREAS, the STATE, pursuantto Laws of Minnesota for 1989, Chapter 216, Article 1, Sect'ton 7, Subdivision 3 is appropriated funds for the statewide criminal and juvenilejustice data information system upgrade; and WHEREAS, the STATE, pursuant to Laws of Minnesota for 2000, Chapter 311, Article 1, Section 3 is appropriated funds for criminal justice technology infrastructure; and WHEREAS, Minr:esota Statutes, Section 471.59, Subdivision 10 authorizes both the STATE and the GOVERNMENTAL UNIT to enter into joint powers agreements, and, WHEREAS, the GOVERNMENTAL UNIT represents that it meets all requirements for this Agreement as a criminal justice agency, or is a city, county, or political subdivision participating on criminal justice communications network authorized to accept equipmenUservices from the STATE for the purpose specif ed herein, and WHEREAS, the GOVERNMENTAL UNIT represents that it is duly qualified and willing to perform and carry out the services and tasks described in this Agreement. NOW, THEREFORE, it is agreed: �13 �.� s, � .� STATE'S RESPOIVSIBILITIES. A. The STATE will provide the GOVERNMENTAL UNIT with one Cisco Catalvst 3548 XL Enterprise Edition Network Switch seriaf number FAA0428GOK2 for use as specifled under Clause 11, of this Agreement. B. The STATE will provide the equipment and services listed above to the GOVERNMENTAL UNIT for exclusive use on the criminal justice data communications network. C. The STATE will relinquish all ownership rights to the equipmenUservices upon delivery of the equipment and services listed above to the GOVERNMENTAL UNfT, unless Agreement is terminated within the first two years. See Clause IV. II. GOVERNMENTAL UNIT'S RESPONSIBILITIES. GOVERNMENTAL UNIT receiving equipmenUservices from the STATE stated in this Agreement will: Page 1 of 3 0�-4�� A. The Governmental Unit will provide all necessary training to their empfoyees concerning the use oc ihe equipment and services listed in Clause I, Section A., of this Agreement, and shall not permit the equipment and services provided to be tampe�ed with or operated by individuals who are not properly trained. B. The Govemmental Unit assumes total responsibility for the proper handling, use, and maintenance of the equipment and services listed in this Agreement, and will bear all costs of installation, maintenance, and/or replacement reiated to equipmenUservice. C. The GOVERNMENTAL UNIT will keep and maintain the equipment and services provided by the STATE in proper operating condition in accordance with the manufacturer's recommendations and warranty. The GOVERNMENTAL UNIT will also be responsible for any and all costs of repairing or replacing this equipment and services that are lost or damaged due to misuse or abuse as long as the GOVERNMENTAL UNIT is connected to the STATE's system. It is the GOVERNMENTAL UNIT's responsibility for ensuring that all replacement of equipmenUservices maintain the operation of the criminal justice data communications network and do not compromise any of the network security. D. The GOVERNMENTAL UN1T wil{ prov+de and maintain all disposable and consumable components originally provided by the STATE, and shall supply all other necessary disposable and consumable components noi provided by the STATE at the GOVERfVMENTAL UNlT'S expense. E. The GOVERNMENTAL UNI7 will also properly dispose of this equipment/service when it is no longer operational or needed on the criminal justice data communications network. III. TERMS OF AGREEMENT This Agreement shall be effective on 03i?6/01 or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. 16C.05, Subdivision. 2, whichever occurs later, and shall remain in effect until 03/25/06 , or until all obligations set forth in this i�qreement have been satisfactorily fulfilled or the Agreement has been canceled, whichever happens first. 1V V TERMINATION This Agreement may be terminated by either the STATE or GOVERNMENTAL UNIT at any time, with or without cause, upon ten (10) days written notice to the other party. If this Agreement is terminated by either party within the first 2 years of this Agreement the GOVERNMENTAL UNIT may be required by the STATE to return the equipment (or its equivalent) in operating condition. This equipment must be returned to the STATE within 30 days of the termination date, and if the GOVERNMENT UNfT faifs to return the equipment within this time period the GOVERNMENTAL UNIT agrees to pay the STATE the cost of replacing the equipment and payment shall be made to the STATE v�ithin 30 days of receipt of invoice. If this Agreement is terminated by either party after the first 2 years of this Agreement the equipment belongs to the GOVERNMENTAL UNIT. STATE'S AUTHORfZED AGENT The STATE's authorized agent for the purposes of this Agreement is Such agent shall have AL UNIT'S services. or his designee, authority for acceptance of the VI. ASSIGNMENT GOVERNMENTAL UN1T shall neither assign nor transfer any rights or obligations under this Agreement Page 2 of 3 O�_4�� without the prior written consent from the STATE. VIL LIABILITY The GOVERNMENTAL UN1T shatt indemnity, save and hold the STATE, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this Agreement bythe GOVERNMENTAL UNIT or GOVERNMENTF.L UNIT's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies the GOVERNMENTAL UNIT may have for the STATE's failure to fulfiff its obiigations pursuantto this Agreement. The GOVERNMENTAL UNIT's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01-466.15 and other applicable law. VIII. STATE AUDIT The books, records, documents and accounting procedures and practices of the GOVERNMENTAL UNIT and its employees, agents or subcontractors relevant to this Agreement shall be made available and subject to examination by the STATE, including the contracting Agency/Division, legislative Auditor, and State Auditor for a minimum period of six years from the end of this Agreement, � IN WfTN�SS WHEREOF, the parties have caused this Agreement to be executed intending to be bound thereby. �. GC By: Title: Date: By: Title: Date LNIT 2, D�PARTMEN� OF PUBLIC By: Janet M. Cain Title: Chief Officer Date 3. 4. ATTORNE GENERAL Rpproved to sign an behaCf of the form and execution: Ey: Date: Person(s) be author and de� generel asto By: �ate: OF ADMINISTRATION g the Agreement and obligating the GOVERNMENTAL UNIT to the conditions of the agreement must A certified copy of the resolution authorizing the GOVERNMENTAL UNIT to enter into this Agreement 3 person(s) to execute this Agreement must be attached hereto. Page 3 of 3 ORIGINAL Presented By: Referred To: Committee:Date: BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached agreement with the Minnesota Department of Public Safety, Of£ce of Technical Support Services, which includes an indemnification clause, for use of the Criminal Justice Data Network (CJDl�. A copy of said agreement is to be kept on file and on record in the Of£ce of Financial Services. Requested by Department of: Bostrom Coleman Harris Adopted by Council: Date: Adoption Certified by Council B Y� �--� a- i Approved by Mayor: Date: �� � tF ?�J � Bye _ RESOLUTION ? SAINT PAUL, MINNESOTA Council File # p� � �-113 Green Sheet # 111760 a� B3': Fox By: Approved by Mayor for Submission to Council: BY:_���!��l'�"� i�--- � MNDeptofPublicSafetyCriminalJusticeDataNetwork.cr.01 \) . __ - t� �DEPARTMENT/OFFICEICOUNCIL DATE INITIATED .�olice 4/6/Ol GREEN SHEET No. 111760 A T ER N PHON 1wi71AUDn 1NfTWJDATE W'L7iamFinney 292-3588 � EPARIM[MDIrsEClOR 1 4 fAIINCIL MUSi BE ON COUNqL AGENDA BY (DA7E) g, ��^ ^ ASAP ❑2 crtrwrrwwer� ❑cmt�ewc u ❑FUwxeuis�mevsouc_ ❑Flxnr�aus�eawecrc ' .s �xwYOR(ORASSIiTANiJ_ � 4+UMPNWGMS �.� 4�1 TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUES7ED Approval of the athached council resolution authorizing the Saint Paul Police Department to enter into an agreement with the Minnesota Deparhnent of Public Safety, Office of TecLnical Support Services, for use of the Criminal Justice Data Network (CJDl�. RECOMMENDATION Approve (/y or Reject (R) PERSONAL SERVICE CONTRACTS MUSTANSWERTHE FOILOWING QUESTIONS: 1. Has this pereon/firtn ever worked under a contract for this department'� PLANNING COMMISSION - YES� NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee? CIVILSERVICECOMMISSION YES NO 3. Dces this persor✓firm possess a skill not rartnally possessed by arry curterrt city employee? YES NO 4. Is this person/firtn a targeted vendof� YES NO Fxpla�n all yes answers on sepa2te sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHA7, WHEN, WHERE, WHY� The Minnesota Department of Public Safety will pxovide equipment and services undet the attached CJDN agreement that allows the Saint Paul Police Depariment to access data for velucle licenses, driver licenses, etc. Authorizarion is needed to enter into the agraement wluch includes an indemnificarion clause. ADVANiAGESIFAPPROVED ' Ability to access velucle licenses, driver �icenses, and other data needed by the Police Depaz DISADVANTAGES IF APPROVED , ^ � � � � � � � e'i None. DISADVANTAGES IF NO7 APPROVED � �rT� A�TORNEY Data needed by police officers will not be readily available. „ �a as'°�a i v �a �s�s P� � r: , �, TOTAL AMOUNT OF TRANSACTION $ - COSLREVENUE BUDGETED iqRCLE ONE) YES NO FUNDING SOURCE ACTNITY NUMBER FINANCIAL INFORMATION (EXPLAIN) 6 1-4'1.7 MN DEPARTMENT OF PUBLfC SAFETY CRiiVlil�liL JUS i iG�- RA3A Cv"yiN'ii1NICATIONS N�TWORK AGREEMENT (DISTRIBUTION OF EQUIPMENT/SERVICES TO LAW ENFORCEMENT AGENCIES) Contract � TH1S JOINT POWERS AGREEMENT, by and between the State of MinnesoYa, acting through its Commissioner of Public SafeN O�ce of Technical Support Services (hereinafter referred to as the STATE) and Citv of St. Paul, St Fa�' r�cl;ce Departmen4 ,(hereinafter refe*red to as GOVERNMENTAL UNI� wftness that: WNEREAS, the STATE, pursuant to Minnesota Statute, Chapter 299C.46, Subdi�iision 1 is authorized to fease or purchase facilities and equipment as may be necessary to establish and maintain the data communications neiwork with criminal justice agencies, and WHEREAS, Minnesota Statute, Chapter 299C. 46, Subdivision 2 defines criminal justice agencies allowed to connect to the criminal justice data communications network, and WHEREAS, the STATE, pursuantto Laws of Minnesota for 1989, Chapter 216, Article 1, Sect'ton 7, Subdivision 3 is appropriated funds for the statewide criminal and juvenilejustice data information system upgrade; and WHEREAS, the STATE, pursuant to Laws of Minnesota for 2000, Chapter 311, Article 1, Section 3 is appropriated funds for criminal justice technology infrastructure; and WHEREAS, Minr:esota Statutes, Section 471.59, Subdivision 10 authorizes both the STATE and the GOVERNMENTAL UNIT to enter into joint powers agreements, and, WHEREAS, the GOVERNMENTAL UNIT represents that it meets all requirements for this Agreement as a criminal justice agency, or is a city, county, or political subdivision participating on criminal justice communications network authorized to accept equipmenUservices from the STATE for the purpose specif ed herein, and WHEREAS, the GOVERNMENTAL UNIT represents that it is duly qualified and willing to perform and carry out the services and tasks described in this Agreement. NOW, THEREFORE, it is agreed: �13 �.� s, � .� STATE'S RESPOIVSIBILITIES. A. The STATE will provide the GOVERNMENTAL UNIT with one Cisco Catalvst 3548 XL Enterprise Edition Network Switch seriaf number FAA0428GOK2 for use as specifled under Clause 11, of this Agreement. B. The STATE will provide the equipment and services listed above to the GOVERNMENTAL UNIT for exclusive use on the criminal justice data communications network. C. The STATE will relinquish all ownership rights to the equipmenUservices upon delivery of the equipment and services listed above to the GOVERNMENTAL UNfT, unless Agreement is terminated within the first two years. See Clause IV. II. GOVERNMENTAL UNIT'S RESPONSIBILITIES. GOVERNMENTAL UNIT receiving equipmenUservices from the STATE stated in this Agreement will: Page 1 of 3 0�-4�� A. The Governmental Unit will provide all necessary training to their empfoyees concerning the use oc ihe equipment and services listed in Clause I, Section A., of this Agreement, and shall not permit the equipment and services provided to be tampe�ed with or operated by individuals who are not properly trained. B. The Govemmental Unit assumes total responsibility for the proper handling, use, and maintenance of the equipment and services listed in this Agreement, and will bear all costs of installation, maintenance, and/or replacement reiated to equipmenUservice. C. The GOVERNMENTAL UNIT will keep and maintain the equipment and services provided by the STATE in proper operating condition in accordance with the manufacturer's recommendations and warranty. The GOVERNMENTAL UNIT will also be responsible for any and all costs of repairing or replacing this equipment and services that are lost or damaged due to misuse or abuse as long as the GOVERNMENTAL UNIT is connected to the STATE's system. It is the GOVERNMENTAL UNIT's responsibility for ensuring that all replacement of equipmenUservices maintain the operation of the criminal justice data communications network and do not compromise any of the network security. D. The GOVERNMENTAL UN1T wil{ prov+de and maintain all disposable and consumable components originally provided by the STATE, and shall supply all other necessary disposable and consumable components noi provided by the STATE at the GOVERfVMENTAL UNlT'S expense. E. The GOVERNMENTAL UNI7 will also properly dispose of this equipment/service when it is no longer operational or needed on the criminal justice data communications network. III. TERMS OF AGREEMENT This Agreement shall be effective on 03i?6/01 or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. 16C.05, Subdivision. 2, whichever occurs later, and shall remain in effect until 03/25/06 , or until all obligations set forth in this i�qreement have been satisfactorily fulfilled or the Agreement has been canceled, whichever happens first. 1V V TERMINATION This Agreement may be terminated by either the STATE or GOVERNMENTAL UNIT at any time, with or without cause, upon ten (10) days written notice to the other party. If this Agreement is terminated by either party within the first 2 years of this Agreement the GOVERNMENTAL UNIT may be required by the STATE to return the equipment (or its equivalent) in operating condition. This equipment must be returned to the STATE within 30 days of the termination date, and if the GOVERNMENT UNfT faifs to return the equipment within this time period the GOVERNMENTAL UNIT agrees to pay the STATE the cost of replacing the equipment and payment shall be made to the STATE v�ithin 30 days of receipt of invoice. If this Agreement is terminated by either party after the first 2 years of this Agreement the equipment belongs to the GOVERNMENTAL UNIT. STATE'S AUTHORfZED AGENT The STATE's authorized agent for the purposes of this Agreement is Such agent shall have AL UNIT'S services. or his designee, authority for acceptance of the VI. ASSIGNMENT GOVERNMENTAL UN1T shall neither assign nor transfer any rights or obligations under this Agreement Page 2 of 3 O�_4�� without the prior written consent from the STATE. VIL LIABILITY The GOVERNMENTAL UN1T shatt indemnity, save and hold the STATE, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this Agreement bythe GOVERNMENTAL UNIT or GOVERNMENTF.L UNIT's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies the GOVERNMENTAL UNIT may have for the STATE's failure to fulfiff its obiigations pursuantto this Agreement. The GOVERNMENTAL UNIT's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01-466.15 and other applicable law. VIII. STATE AUDIT The books, records, documents and accounting procedures and practices of the GOVERNMENTAL UNIT and its employees, agents or subcontractors relevant to this Agreement shall be made available and subject to examination by the STATE, including the contracting Agency/Division, legislative Auditor, and State Auditor for a minimum period of six years from the end of this Agreement, � IN WfTN�SS WHEREOF, the parties have caused this Agreement to be executed intending to be bound thereby. �. GC By: Title: Date: By: Title: Date LNIT 2, D�PARTMEN� OF PUBLIC By: Janet M. Cain Title: Chief Officer Date 3. 4. ATTORNE GENERAL Rpproved to sign an behaCf of the form and execution: Ey: Date: Person(s) be author and de� generel asto By: �ate: OF ADMINISTRATION g the Agreement and obligating the GOVERNMENTAL UNIT to the conditions of the agreement must A certified copy of the resolution authorizing the GOVERNMENTAL UNIT to enter into this Agreement 3 person(s) to execute this Agreement must be attached hereto. Page 3 of 3 ORIGINAL Presented By: Referred To: Committee:Date: BE IT RESOLVED, that the Saint Paul Police Department is authorized to enter into the attached agreement with the Minnesota Department of Public Safety, Of£ce of Technical Support Services, which includes an indemnification clause, for use of the Criminal Justice Data Network (CJDl�. A copy of said agreement is to be kept on file and on record in the Of£ce of Financial Services. Requested by Department of: Bostrom Coleman Harris Adopted by Council: Date: Adoption Certified by Council B Y� �--� a- i Approved by Mayor: Date: �� � tF ?�J � Bye _ RESOLUTION ? SAINT PAUL, MINNESOTA Council File # p� � �-113 Green Sheet # 111760 a� B3': Fox By: Approved by Mayor for Submission to Council: BY:_���!��l'�"� i�--- � MNDeptofPublicSafetyCriminalJusticeDataNetwork.cr.01 \) . __ - t� �DEPARTMENT/OFFICEICOUNCIL DATE INITIATED .�olice 4/6/Ol GREEN SHEET No. 111760 A T ER N PHON 1wi71AUDn 1NfTWJDATE W'L7iamFinney 292-3588 � EPARIM[MDIrsEClOR 1 4 fAIINCIL MUSi BE ON COUNqL AGENDA BY (DA7E) g, ��^ ^ ASAP ❑2 crtrwrrwwer� ❑cmt�ewc u ❑FUwxeuis�mevsouc_ ❑Flxnr�aus�eawecrc ' .s �xwYOR(ORASSIiTANiJ_ � 4+UMPNWGMS �.� 4�1 TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUES7ED Approval of the athached council resolution authorizing the Saint Paul Police Department to enter into an agreement with the Minnesota Deparhnent of Public Safety, Office of TecLnical Support Services, for use of the Criminal Justice Data Network (CJDl�. RECOMMENDATION Approve (/y or Reject (R) PERSONAL SERVICE CONTRACTS MUSTANSWERTHE FOILOWING QUESTIONS: 1. Has this pereon/firtn ever worked under a contract for this department'� PLANNING COMMISSION - YES� NO CIB COMMITTEE 2. Has this persoNfirtn ever been a city employee? CIVILSERVICECOMMISSION YES NO 3. Dces this persor✓firm possess a skill not rartnally possessed by arry curterrt city employee? YES NO 4. Is this person/firtn a targeted vendof� YES NO Fxpla�n all yes answers on sepa2te sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPORTUNIN (WHO, WHA7, WHEN, WHERE, WHY� The Minnesota Department of Public Safety will pxovide equipment and services undet the attached CJDN agreement that allows the Saint Paul Police Depariment to access data for velucle licenses, driver licenses, etc. Authorizarion is needed to enter into the agraement wluch includes an indemnificarion clause. ADVANiAGESIFAPPROVED ' Ability to access velucle licenses, driver �icenses, and other data needed by the Police Depaz DISADVANTAGES IF APPROVED , ^ � � � � � � � e'i None. DISADVANTAGES IF NO7 APPROVED � �rT� A�TORNEY Data needed by police officers will not be readily available. „ �a as'°�a i v �a �s�s P� � r: , �, TOTAL AMOUNT OF TRANSACTION $ - COSLREVENUE BUDGETED iqRCLE ONE) YES NO FUNDING SOURCE ACTNITY NUMBER FINANCIAL INFORMATION (EXPLAIN) 6 1-4'1.7 MN DEPARTMENT OF PUBLfC SAFETY CRiiVlil�liL JUS i iG�- RA3A Cv"yiN'ii1NICATIONS N�TWORK AGREEMENT (DISTRIBUTION OF EQUIPMENT/SERVICES TO LAW ENFORCEMENT AGENCIES) Contract � TH1S JOINT POWERS AGREEMENT, by and between the State of MinnesoYa, acting through its Commissioner of Public SafeN O�ce of Technical Support Services (hereinafter referred to as the STATE) and Citv of St. Paul, St Fa�' r�cl;ce Departmen4 ,(hereinafter refe*red to as GOVERNMENTAL UNI� wftness that: WNEREAS, the STATE, pursuant to Minnesota Statute, Chapter 299C.46, Subdi�iision 1 is authorized to fease or purchase facilities and equipment as may be necessary to establish and maintain the data communications neiwork with criminal justice agencies, and WHEREAS, Minnesota Statute, Chapter 299C. 46, Subdivision 2 defines criminal justice agencies allowed to connect to the criminal justice data communications network, and WHEREAS, the STATE, pursuantto Laws of Minnesota for 1989, Chapter 216, Article 1, Sect'ton 7, Subdivision 3 is appropriated funds for the statewide criminal and juvenilejustice data information system upgrade; and WHEREAS, the STATE, pursuant to Laws of Minnesota for 2000, Chapter 311, Article 1, Section 3 is appropriated funds for criminal justice technology infrastructure; and WHEREAS, Minr:esota Statutes, Section 471.59, Subdivision 10 authorizes both the STATE and the GOVERNMENTAL UNIT to enter into joint powers agreements, and, WHEREAS, the GOVERNMENTAL UNIT represents that it meets all requirements for this Agreement as a criminal justice agency, or is a city, county, or political subdivision participating on criminal justice communications network authorized to accept equipmenUservices from the STATE for the purpose specif ed herein, and WHEREAS, the GOVERNMENTAL UNIT represents that it is duly qualified and willing to perform and carry out the services and tasks described in this Agreement. NOW, THEREFORE, it is agreed: �13 �.� s, � .� STATE'S RESPOIVSIBILITIES. A. The STATE will provide the GOVERNMENTAL UNIT with one Cisco Catalvst 3548 XL Enterprise Edition Network Switch seriaf number FAA0428GOK2 for use as specifled under Clause 11, of this Agreement. B. The STATE will provide the equipment and services listed above to the GOVERNMENTAL UNIT for exclusive use on the criminal justice data communications network. C. The STATE will relinquish all ownership rights to the equipmenUservices upon delivery of the equipment and services listed above to the GOVERNMENTAL UNfT, unless Agreement is terminated within the first two years. See Clause IV. II. GOVERNMENTAL UNIT'S RESPONSIBILITIES. GOVERNMENTAL UNIT receiving equipmenUservices from the STATE stated in this Agreement will: Page 1 of 3 0�-4�� A. The Governmental Unit will provide all necessary training to their empfoyees concerning the use oc ihe equipment and services listed in Clause I, Section A., of this Agreement, and shall not permit the equipment and services provided to be tampe�ed with or operated by individuals who are not properly trained. B. The Govemmental Unit assumes total responsibility for the proper handling, use, and maintenance of the equipment and services listed in this Agreement, and will bear all costs of installation, maintenance, and/or replacement reiated to equipmenUservice. C. The GOVERNMENTAL UNIT will keep and maintain the equipment and services provided by the STATE in proper operating condition in accordance with the manufacturer's recommendations and warranty. The GOVERNMENTAL UNIT will also be responsible for any and all costs of repairing or replacing this equipment and services that are lost or damaged due to misuse or abuse as long as the GOVERNMENTAL UNIT is connected to the STATE's system. It is the GOVERNMENTAL UNIT's responsibility for ensuring that all replacement of equipmenUservices maintain the operation of the criminal justice data communications network and do not compromise any of the network security. D. The GOVERNMENTAL UN1T wil{ prov+de and maintain all disposable and consumable components originally provided by the STATE, and shall supply all other necessary disposable and consumable components noi provided by the STATE at the GOVERfVMENTAL UNlT'S expense. E. The GOVERNMENTAL UNI7 will also properly dispose of this equipment/service when it is no longer operational or needed on the criminal justice data communications network. III. TERMS OF AGREEMENT This Agreement shall be effective on 03i?6/01 or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. 16C.05, Subdivision. 2, whichever occurs later, and shall remain in effect until 03/25/06 , or until all obligations set forth in this i�qreement have been satisfactorily fulfilled or the Agreement has been canceled, whichever happens first. 1V V TERMINATION This Agreement may be terminated by either the STATE or GOVERNMENTAL UNIT at any time, with or without cause, upon ten (10) days written notice to the other party. If this Agreement is terminated by either party within the first 2 years of this Agreement the GOVERNMENTAL UNIT may be required by the STATE to return the equipment (or its equivalent) in operating condition. This equipment must be returned to the STATE within 30 days of the termination date, and if the GOVERNMENT UNfT faifs to return the equipment within this time period the GOVERNMENTAL UNIT agrees to pay the STATE the cost of replacing the equipment and payment shall be made to the STATE v�ithin 30 days of receipt of invoice. If this Agreement is terminated by either party after the first 2 years of this Agreement the equipment belongs to the GOVERNMENTAL UNIT. STATE'S AUTHORfZED AGENT The STATE's authorized agent for the purposes of this Agreement is Such agent shall have AL UNIT'S services. or his designee, authority for acceptance of the VI. ASSIGNMENT GOVERNMENTAL UN1T shall neither assign nor transfer any rights or obligations under this Agreement Page 2 of 3 O�_4�� without the prior written consent from the STATE. VIL LIABILITY The GOVERNMENTAL UN1T shatt indemnity, save and hold the STATE, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance of this Agreement bythe GOVERNMENTAL UNIT or GOVERNMENTF.L UNIT's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies the GOVERNMENTAL UNIT may have for the STATE's failure to fulfiff its obiigations pursuantto this Agreement. The GOVERNMENTAL UNIT's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01-466.15 and other applicable law. VIII. STATE AUDIT The books, records, documents and accounting procedures and practices of the GOVERNMENTAL UNIT and its employees, agents or subcontractors relevant to this Agreement shall be made available and subject to examination by the STATE, including the contracting Agency/Division, legislative Auditor, and State Auditor for a minimum period of six years from the end of this Agreement, � IN WfTN�SS WHEREOF, the parties have caused this Agreement to be executed intending to be bound thereby. �. GC By: Title: Date: By: Title: Date LNIT 2, D�PARTMEN� OF PUBLIC By: Janet M. Cain Title: Chief Officer Date 3. 4. ATTORNE GENERAL Rpproved to sign an behaCf of the form and execution: Ey: Date: Person(s) be author and de� generel asto By: �ate: OF ADMINISTRATION g the Agreement and obligating the GOVERNMENTAL UNIT to the conditions of the agreement must A certified copy of the resolution authorizing the GOVERNMENTAL UNIT to enter into this Agreement 3 person(s) to execute this Agreement must be attached hereto. Page 3 of 3