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06-556Council File # Presented By: RESOLUTION � SAINT PAUL, MINNESOTA Green Sheet # � 3030825 �� Referred To: C ommittee:Date: 1 I2ESOLVED, that the City of Saint-Paul, Police Department, is authorized to enter into the attached 2 Joint Powers Agreement with the State of Minnesota for the distribution of Identificarion Based 3 Informarion System Remote Data Terminals. A copy of said agreenpent is to be kept on £ile and on 4 record in the Office of �nancial Services. ��i,�y��� �„ �J� �„�,A,�.�„�t�'� �,�.�� 5 GC>'" w b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ' 24 25 26 27 28 29 30 Yeas Nays Absent Requested by Department of: Benanav Bosdom Harris ,/ Thune Adopted by Council: Date: �� Adopfion Cerrified blCouncil Secretary: By: Approved by y. ate: Appr by yor for Submission to CounciL• By: By. Q:\Fiscal�P,O&CR�2006\Cnminal Justice Data Network joint powers agreement with State ot Minnesota.cc2006.x1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Dlo 'Jr.rri Department/office/council: Date Initiated: PD 'policeDepartmea[ �_�, . Green Sheet NO: 3030825 Contact Person 8 Phone: Chief John Harrirgton 26&5588 Must Be on Council Aaen ToWI # of Signature Pages � I ueoarunenc aentio rerson 0 li D ent Po ice D a n Number y � ptt rn i Att e Por RoUting 3 a o1s Office a or/Assis nt Order 4 pcil Coun iI 5 i Clerk Cim Clerk 6 1' eDe ent Po' De artment (Clip All Locations for Signature) Action Requested: Signahues on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the attached joint powers agreement with the State of Minnesota. iaaoons: r�pprove pv� or rc Planning Commission CIB Committee Civil Service Commission (R): � Personal Service Contracts Must Mswer the 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this perspn/firm ever been a city employee? Yes ' No,' 3. Dces this personffirm possess a skitl rrot normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why): The attached agreement estabiishes the agreement between the Ciry of Saint Paul, Police Deparnnent, and the State of Minnesota for dishibuuon of Identification Based Information System Remote Data Tesminal (IBIS RDTs). For more information regazding this council resolution please give Amy Brown a call at 651-266-5541. AdvantageslfApproved: Ability to work with the State of Minnesota on the IBIS RDTs. -. . �. � ,�; DisadvantageslfApproved: None. JUN 5 2006 JUN � 2 2UU6 1 ' Disadvantages If Not Approved: � Lost opporhinity to obtain IBIS RDTs from the State of Minnesoka. ,-' Total Amount of Transaction: CosURevenue Budgeted: FundinA source: See Attached agreemen ActrvRY Number: 04000 Fi nancial I nformation: (Explain) ,, � s , Council Research Center JUN 051006 � Contract No. M-� s( STATE OF MINNESOTA O6'J.7 �' JOINT POWERS E4GREEMENT This ageement is beriveen the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Crunutal __ A�prehension CriNNet and C'riminal Tustice Information System Section�tate") and the Ci of St Paul, St. Paul Police _ Department 367 Grove Street, St. Paul, MN 55101 ("Govemmental Unit"). Recitals Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of distributing 2-Finger identification units, lmown as IBIS RDTs (Identification Based Information System Remote Data Tenninals) to Minnesota local law enforcement agencies under the condirions specified below. Agreement 1 Term of Agreement L 1 Effective date: Apri13, 2006, or the date the State obtains all required signatures under Minnesota Statutes Secrion 16C.05, subdivision 2, whichever is later. 1.2 Expiratioa date: Mazch 30, 2007, or until all obligations have been sarisfactorily fulfilled, whichever occurs fizst. 2 Agreement between the Parties Upon the execurion date of this agreement and completion of the appropriate State provided training for Governmental Unit's employees, the State will provide 8 IBIS Wireless RDT(s) and 0 Wired RDT(s) to the Governmental Unit at no charge for the first year. The State will allow the Govermnental Unit continued use of the IBIS RDT(s) based on the Govemmental UniYs compliance with the following conditions: IBIS Wireless RDT: • Throughout the term of this agreement the Governmental Unit must have a fully executed and active CJDN (Criminal Justice Data Network) agreement on file with the State. • Governmental Unit is within the Sprint PCS service azea in Minnesota ar is willing to allow bookings to transmit through the Mobile Data Computer (NIDC) over the Govemmental UniYs radio system (note that transmitting via MDC utilizes significant bandwidth). • The Governmental UniYs law enforcement officers make enough arrests, detenrions, stops, or bookings that the IBIS RDT can be expected to be used at least 3 rimes per week. • Goven�mental Unit is willing to provide feedback on the TBIS RDT and the 2-Finger identification process to the State's Authorized Representarive of this agreement via survey, teleconference, or meefing with the 5tate, as requested by the State. • Governmental Unit will adopt a policy on acceptable use of 2-Finger ldentificarion and provide a copy of this policy to the State (State has sample policies available by request). • Governmental Unit is willing to collect and share minimal starisrics required by the State such as total number of "stops", stops where IBIS is used, IBIS hits, and detentions where stop included use of IBIS. • Govemmental Unit will commit to pay for RDT maintenance and any cellulaz airtime after the expiration date of this agreement and at that time the IBIS RDTs provided to the Goveznmental Unit from the State will become the property of the Govemmental Unit. The State will pay for the RDT and the first year maintenance and airtime for the Governmental Unit through the expirarion date of this agreement, and wil] make payment directly to the State's vendor. Cellulaz chazges are estimated at $60 per month for typical usage level. Maintenance is esrimated at �650 per yeaz. IBIS Wired RDT: • Throughout the terxns of this agreement the Govemmental Unit must have a fully executed and acfive CJDN Ioini Powecs Ageeme�t (Rev_ 6/03) Page t of 4 Contract No. M-`7 S l (Crinuual Justice Data Network) aereement on file with the State, and a CJDN connection. �-��jj • Goveimnental Unit must make enough azrests, detenrions, stops, or booldngs that the IBIS RDT can be expected to be used at least 10 times per week. Rolled 10-prints aze still required in accordance with State law. • Governmental Unit is willin� to provide feedback to the State's Authorized Repxesentative of this agreement via survey, teleconference, or meeting with the State, as requested by the State. • Govemmental Unit will generate a policy on acceptable use of 2-Fin�er ldentificarion and provide a copy of this policy to the State. • Governmental Unit is willing to collect and share minimal staristics required by the State such as total number of detenrions, where IBIS is used, IBIS hits, and detentions where IBIS determined that the individual initially gave a false name. • Govermnental Unit will commit to pay for RDT maintenance for the RDT provided to the Governmental Unit by the State after the State's 1-yeaz warranty expires (one year from delivery of the RD't�. The State will pay for the RDT and the first year maintenance through the expirarion date of this agreement, and make payment directly to the State's vendor. After the expiration date of this agreement the RDT will become the properiy of the Goveminental Unit. Maintenance is estimated at $650 per yeaz. If the Govemmental Unit fails to meet its obligations under the conditions of this agreement or does not adequately urilize the IBIS, the Governmental Unit agrees that, upon request from the State, it will return to the State the IBIS RDT and al1 associated parts, manuals, and supporting equipment provided by the State under this agreement in good functioning condition. 3 ' Payment This agreement dces not include payment of any funds by the State to the Governmental Unit or from the Goveimnental Unit to the State. 4 Authorized Representatives The State's Authorized Representative is Vicld Tobin, C7IS Assistant Director, (651)793-2470, or his/her successor. The Goveinmental Unit's Authorized Representative is: NAME: TITLE: ADDRESS: TELEPHONE NiJMBER: Assignment, Amendments, Waiver, and Contract Complete 51 Assignment The Govemmental Unit xnay neither assign nor transfer any rights or obligarions 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 successars in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effecrive 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 £ails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. Govemmental Unit. bind either pariy. This agreement contains all negotiafions and agreements between the State and the No other understanding regarding this agreement, whether written or oral, may be used to Liability The Govemmental Unit will indemnify, save, and hold the State, its agents, and employees harmless from any claims Joint Powers A�eement (Rev 6/03) Page 2 of 4 �/C/ ��J Contract No. M-`7 �� � or causes of acrion, including attomey's fees incurred by the State, arising from the performance of this agreement by the Govemmental Unit or the Govemmental Unit's agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligatians under this agreement. 7 State Andits Under Minn. Stat. § 16C.05, su ., t e overnmen m s oo , recor s, ocumen , an accau�ting gxac�es and practices relevant to this agreement aze subject to examinarion by the State and/ar the State Auditor or I.egislative Auditor, as appropriate, far a minimum of six years from the end of this agreement. 8 Government Data Practices T'he Goveminental Unit and State must comply with the Minnesota Govemment Data Pracrices Act, Minn. Stat. 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 Govemmental Unit under this agreement. The civil remedies of Minn. Stat. § 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 instrucrions conceming the release of the data to the requesting party before the data is released. Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court cvith competent jurisdicrion in Ramsey County, Minnesota. 10 Termination 10.1 Terminauott. 'I'he State or the Governmental Unit may temunate this agreement at any time, with or without cause, upon 30 days' written norice to the other party. If ternunated by either parry however, the Govemmental Unit will retum to the State the IBIS RDT and all associated parts, manuals, and supporting equipment provided by the State under this agreement. Also, any loss not covered by the maintenance/wanauty paid for by the State during the first year will be the responsibility of the Governmental Unit to provide the replacement unit. Items required to be retumed to the State should this agreement be terminated by either party must be received by the State within 10 days of the ,, effective termination date. 10.2 Termin¢tion for Insufficient Funding. The State may immediately terminate this agreement if it dces 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 fa� norice to the Govemmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services sarisfactorily performed to the extent that funds aze available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota I,egislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable rime of the State's receiving that notice. Joint Powers Ao eemrn[ (Rev 6/03) Page 3 of 4