06-556Council File #
Presented By:
RESOLUTION
� SAINT PAUL, MINNESOTA
Green Sheet #
�
3030825
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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�'� �,�.��
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Yeas Nays Absent Requested by Department of:
Benanav
Bosdom
Harris ,/
Thune
Adopted by Council: Date:
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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