10-429Council File # 10-429
Green Sheet #3106656
Presented by
RESOLUTION
41f�' PAUL, MINNESOTA ��
1 RESOLVED, that the City of Saint Paul, Police Department is authorized to enter into the attached Joint
2 Powers Agreement which includes an indemnification clause, with Dakota County (Criminal Justice
3 Information Integration Network — Non-Dakota County Agency).
of:
Adoption Certified by Counci Secretary
By: �/
Approved��a y Date `J
By: L�.t!' � -o���
10-4
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
Depar4nenUOfficelCouncil:
' Pp _ Police Department
__ ___.-. ,� '
� 13APR2010 i, Green Sheet NO: 3106656
Contaet Person & Phone:
Chief John Hartinpton
26&5588
Must Be on Councif Agenda by (Date}:
Doc. Type: RESOLUTION
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-'-____-._�_ ___-.. . . _ -____.- __
�otice_Department _ _ ;'_ Pofice Department _ '
pptice Deparboent _ _ �' Police DeparGUent ✓
�City Attomey �'� City Attorney
�Financia� Services Dlrector, FSO �
_ _- __ _ _ _ _ _ _ i , _ _ _ _ _
.."'"_ _ ______ . ,.
Mayor's�ce__ ''. _MaYOr____ _;
Council _ _ _ � - __ ;' �� Couocil _ �_ ; -__
C -_ - ___-". � _____--_,,�-_'_ Ci___ _ __, _ __
ity Clerk ty Clerk _ ____' _ _ _ __
__ _ _ . .._ _ . _ _ _ _ __ . _ ,,. - ____
� 7 iPoliceDepartwent_. _ _.. ____.'_ PoliceDepartment__] ______ __
, E-Document Required: Y � - '
' Evette Scarver �
Document Contad: � ,
Total # of Signature Pages � All Loeations for Sig� f _�
i __-._- _ _ __— __
- - - nature) - -- ---- -- -- ---
- - - ----- - - -- - - - -- - - - � - - --- - _ .
' Action Requested: ,
� Signatures on the attached council resolution authorizing the Ciry of Saint Paul, Police Deparknent to enter into the attached Joint
I, Powers Agreement with Dakota County (Criminal Justice Information Integration Network)' CJllN"- Non-Dakota County Agency)
I
� I
- - ------ --- -- ---- ------------ - ----- '
� - - I
�,, Recommendations: Approve (A) or Reject (R): � Personaf Service CoMracts Must A�wer the Folbwing Questions: �
l Planning Commission I 1. Has this persoNfirm ever worked under a contrect for Nis department?
� CIB Committee Yes No
Civil Service Commission
2. Has this person/firtn ever been a ciry employee?
Yes No
3. Dces fhis person/frtn possess a skill not normally possessed by any
current ciry employee?
Yes No
F�cptain alt yes answers on separate sheet antl attach to green sheet.
Initiating Problem, Issues, Opportanity (Who, What, When, Where, Why): �
The SPPD wishes to access the CJ1IN authorizarion is n�eded.
- - - -- -- - _ _-- - -- - -- - - - - — ----- _-- - - -- - _
� AdvanWges If Approved:
The CJIIN provides the City the ability to seazch the City's local databases for briefing, forms, prisoner, warrant, and arrest
! information.
� - - � - �- - -- - - - -
'�, Disadvantages If Approved:
None.
i
� ._ - - - _ _- -- ---- -- I
�, DisadvanWges If Not Approved: j
Lost opportunity to search the City's local databases for briefing, fornis, prisoner, warrant, and arrest informarion.
�
�i��--- -�
i
� - - - � - - - - -- - -- -- - -
�
, Total Amount of ��''nn n CosURevenue Sudgeted: '�
Transaction:�a r`��/l/lex �?� ',
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' Funding Source: G ° y 6 "3,� q � � � a �ctivi Number: �
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April 13, 2010 4:42 PM Page 1
10-429
Criminal ]ustice System Services Agreement
between
Dakota County
(Criminal ]ustice Information Integration Network)
and
The City of St Paul
(Non-Dakota County Agency)
THIS CRIMINAL JUSTICE SYSTEM SERVICES AGREEMENT (the "AgreemenY� is made
and entered into by and between the County of Dakota, Minnesota, through its CriminalJustice
Information Integration Network program ('�CJIIN'�, and the City of St Paul, Minnesota, acting
through and for its Police Department ("the City'�. Dakota County/CJIIN, and the City are each
sometimes referred to herein as a"Party" and collectively as the "Parties."
The Parties enter into this Agreement pursuant to their authority under Minn. Stat. §471.59 to
provide assistance to, and act in coordination with, other political subdivisions within the state
of Minnesota as deemed necessary to benefit the public
1. Definitions.
(a) °System Software" means CJIIN's proprietary computer software program(s) set
forth in Attachment A(the "System Overview'�, in object code form only, including all Updates.
(b) °C]IIN System" means the Internet site operated by Dakota County/CJIIN,
accessible by the City through secure access points, with a specific Uniform Resource Locator to
be provided to the City (or any successor URL).
(c) "City Data" means eBriefing Pickup data and the data that the City's Permitted
Users enter into the CJIIN System which will only be accessible to the City.
(d) "EquipmenY' means the minimum required hardware and operating environment
used by the City to access the CJIIN System as detailed in Attachment E(°Hardware
Requirements), as updated by CJIIN when necessary.
(e) "Documentation" means any CJIIN user manuals, training or education materials,
technical manuals, and specifications describing the System Software and Services created by
CJIIN, and any Provider Content made availabie to the City, in printed and/or electronic form,
including all Updates.
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(r� "Permitted User" means the City`s employees and agents who are provided access
to the System Soflware in accordance with the procedures in Section 10 of this Agreement.
(g) "Provider ContenY` means CJIIN's reports, information, and data, made avaifable
to the City as part of the Services.
(h) "Renewal Term" has the meaning set forth in Section 16.
(i) "Services" means the operation and maintenance of the System Soflware and
utilities in CJIIN's host computer system, providing Provider Content to the City, storing City
Data, and making the System Software, Provider Content, and City Data available to Permitted
Users via the CJIIN System, as more fully described in Attachment A. Services do not include
integrating the CJIIN System or City Data with any application or computer system outside of
the CJIIN Applications.
(j) ��Update" means, as applicable, any update, modification, or new release of the
System Software, Documentation, or Provider Content that CJIIN makes generally available to
the City at no additional cost.
2. Provision of On-line Services
(a) The City hereby engages CJIIN, and CJIIN hereby agrees (subject to the terms and
conditions herein) to provide the Services more fully described in this Agreement and in the
system overview attached as Attachment A(the "System Overview'�. CJIIN agrees to provide
the Services to the Ciry in accordance with the terms of this Agreement and grants to the City a
non-exclusive, non-assignable and non-transferable license during the Term of this Agreement
to enter City Data into the CJIIN System and access and use the System Software and Provider
Content, only by Permitted Users, in accordance with all of the terms and conditions in this
Agreement.
(b) The City acknowledges and agrees that C]IIN's provision and performance of the Services is
dependent and conditioned upon the Ciry`s full perFormance of its duties, obligations and
responsibilities hereunder. C]IIN acknowledges and agrees that the City's payment for the
Services obligates CJIIN to perform its duties, obligations and responsibilities during the term of
thls Agreement or any subsequent Renewal Term. Access to specific components of the System
Software is dependent upon the City making timely payment of the annual fees required for
each component or application.
(c) Each party shall at ail times during the term of this Agreement designate an individual to
serve as its CJIIN services manager who shall be the primary point of contact regarding the
Services provided and the rights or obligations of each Party under this Agreement.
3. Additional CJIIN Resoonsibilities.
During the Term of this Agreement, CJIIN shall be responsible for the following;
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(a) CJIIN shall provide all required hosting and operations support for the applications
described in the System Overview in a centralized facility.
(b) CJIIN may from time to time, in its sole discretion, install Updates, modify the Services or
any component thereof provided that such Updates shalf perform and contain functionality that
is equivalent to or better than the current version of the Services. CJIIN will complete such
installations and modifications between the hours of 4 AM and 7 AM, when possible, to
minimize any impact on the City's use of the System Software and Services. CJIIN will notify
the City by standard methods of notification such as email, system generated messages on the
System home page or similar communication methods, in advance of the installation of an
Update or modification to the Services.
(c) CJIIN will provide support and System maintenance to the City as more fully described in
this Agreement and the System Overview.
(d) Excluding the costs the City must pay CJIIN as described in this Agreement, CJIIN shall
provide, at no additional cost to the City, all communications equipment, telephone and
communications lines, power, telephone service and other utilities at C]IIN's facilities up to the
point of connection to the State optic fiber at the Dakota County Administration Center in
Hastings, Minnesota, and to perform the Services and accomplish the purposes of this
Agreement.
(e) F�ccluding the costs the City must pay CJIIN as described in this Agreement, CJIIN shall
provide, at no additional cost to the City, the necessary personnel, facilities, hardware,
software, servers, routers and related equipment up to the point of connection to the State
optic fiber at the Dakota County Administration Center in Hastings, Minnesota to meet CJIIN's
responsibilities under this Agreement.
(� C.IIIN will install and maintain System security measures including password protection,
firewall protection, data encryption, continuous monitoring of CJIIN's system, and will conduct
regular security audits. If CJIIN learns that any person has breached the security implemented
for CJIIN's System, or suspects that such securiry has been breached, CJIIN will promptfy notify
the City and take reasonable corrective action to prevent such breaches.
(g) CJIIN shall have in place during the Term of this Agreement a Business Continuity and
Disaster Recovery Plan and will utilize industry standard back-up and archival procedures.
(h) CJIIN will configure and maintain the system to provide reasonable system response time
for the City's Permitted Users, to the extent within the control of Dakota County/GIIN.
(j) If requested, CJIIN will provide best practices advice to the City for implementing the
Services at the City's business locations.
(k) CJIIN will provide training on the use of CJIIN's System for the City Permitted Users as set
forth in Section 9 of this Agreement.
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(I) CJIIN shall be responsible for ensuring that it's Services and the performance of CIIIN's
other obligatlons hereunder comply with all laws applicable to CJIIN, including the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13.
4. Citv Responsibilities.
During the Term of this Agreement, the City shail be responsibie for the following:
(a) The City shall provide, at no cost to C7IIN, all communications equipment, telephone and
communication lines, power, telephone service and other utilities at the City's facilities as may
be necessary or reasonably desirable to utilize the Services and accomplish the purposes of this
Agreement.
(b) The Ciry shall provide, at no cost to GIIN, the necessary personnel and facilities to meet
the City's obligations hereunder.
(c) The City shall follow the identiry management procedures and provide the first-line support,
maintenance and other services more fully described in this Agreement and the System
Overview and such other procedures and services as the Parties may establish from time to
time.
(d) The Ciry shall be responsible for ensuring that the City's use of the Services and the
performance of its other obligations hereunder comply with this Agreement and all laws
applicable to the Ciry.
(e) When accessing or using the CJIIN System, the Ciry shall comply with the Minnesota
Government Data Practices Act and other applicable data practices or privacy laws.
5. System Features and ConfiQ ration.
The City acknowledges and agrees that it will only be using criminal justice applications in the
CJIIN System that are also utilized by other criminal justice agencies in Dakota County and
elsewhere in Minnesota for the City providing eBriefing Pickup data. The capabilities and
functions of the System SoRware now and in the future will be determined primarily by
direction from the CJIIN Steering Committee and available funding. When settings or features
have been added to the System Software that are designed by CJIIN to be configurable for
specific users of the System, the Parties shall work cooperatively to identify System features or
functionality (common practices, processes, and procedures conducted by the City in day-to-day
operations as they relate to utilizing the System Software and Provider Content) that are
configurable to best fit the City's business practices. CJIIN shall set available configurations in
the System Software for the City, or shall train designated City staff how to configure the
Services and System Sof[ware.
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6. Ownershia, Protection and Securitv.
(a) The City acknowledges and agrees that nothing in this Agreement or any other agreement
grants the City any licenses or other rights with respect to CJIIN's Software System (source
code or objed code) or Services other than the right to receive Services as expressly provided
herein. CJIIN shall retain all ownership in the intellectual property and all other proprietary
rights and interests associated with CJIIN's Software System and Services and all components
thereof and associated documentation, except as expressly provided herein.
(b) Ownership of any City Data including text, graphics or other information or content
materiais and all records and databases supplied or furnished or entered into the System by the
City hereunder for incorporation into or delivery through the application(s) described in the
System Overview shall remain with the City, and CJIIN shall have no use of any such material
during the term of this Agreement or upon termination of this Agreement except for the
eBriefing Pickup data. Upon termination of this Agreement C]IIN shall return all City Data, text,
graphics or other information to the City.
(c) C]IIN grants to the City a limited license during the term of this Agreement to use and
reproduce CJIIN's trademarks and logos for purposes of including such trademarks and logos in
City materials and links solely as permitted hereunder. All uses of such trademarks and logos
shall conform to the City's standard guidelines and requirements for use of such trademarks
and logos.
(d) By storing City Data on CJIIN's equipment and System, CJIIN does not obtain any
ownership interest in City Data except to the extent that CJIIN is obligated to keep this data
intact and secure and to regularly backup the data for redundancy and disaster recovery
purposes. As between the Ciry and C]IIN, City Data is and shall remain the sole and exclusive
property of the City, including all applicable rights to copyrights, trademarks or other
proprietary or intellectual property rights thereto. The C]IIN System and/or the System
Software shall not City data with other law enforcement agencies or others except where
required by the Minnesota Government Data Practices Act and other applicable data practices or
privacy laws except for the eBriefing Pickup data.
(e) The City shall be responsible for responding to any data practices requests related to any
City Data that the City or its Permitted Users have entered into the System but that both Parties
shall abide by the Minnesota Govemment Data Practices Act and other applicable data practices
or privacy laws.
7. Imglementation.
Within Fourteen (14) days after the Parties execute this Agreement, CJIIN and the City shall
complete a mutually agreed-upon implementation plan that includes an access/installation
schedule and a System training and testing schedule.
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8. Aa:entance Testing.
The City shall have thirty (30) days in which to test the System Software and Services in a live
production environment to ensure that they conform to the Documentation and descriptions in
this Agreement. The System Software and the Services are deemed rejected by the City if the
City submits a written notice of rejection to CJIIN, prior to the expiration of the thirty (30) day
testing period. Upon such notice, CJIIN shall have thirty (30) days to correct the System
Software and/or Services at no cost to the City. In the event CJIIN is unable to make adequate
corrections within such thirty (30) day period, the City may terminate this Agreement. In the
event the City fails to submit a notice of rejection within the required period or if CJIIN makes
all corrections within the applicable cure period, the City will be deemed to have accepted the
System Sofhvare and Services ("Acceptance'�.
9. Su�oort; Training.
CJIIN shall provide the City and its Permitted Users with technical support and training
regarding the use of the Services. The technical support shall include: (i) unlimited telephone,
facsimile and e-mail °hot-line" support during CJIIN's business hours, and (ii) other support set
forth in Attachment B, as modified by CJIIN from time to time. CJIIN shall provide eight
hours of user and administrator training to Permitted Users of the City on the use of the
Services, with individual sessions of not more than two hours in length. Any training beyond
the eight total hours of free training will be billed to the City at the rates in Attachment C, as
modified by CJIIN from time to time. The training will occur at the City's facilities and be of
sufFicient detail for a"train the trainer" model of instruction. CJIIN will provide the City with
any training materials and documentation it has created for this purpose for use by Permitted
Users and the City's internal trainers.
30.. Identitv Management Resuonsibilities.
(a) User Access Restrictions
The Parties acknowledge and agree that access to the System Software and Services will be
restricted to those employees or agents of the City having a business need to enter and view
City Data or Provider Content. The City will restrict access to the System to Permitted Users
with verified identities that have created a digital identity on the C]IIN System using the
procedures in this Section 10 and Attachment D to this Agreement.
(b) Requestfor Access
The City commences the identify authentication process by completing and submitting a
Request for C]IIN System Access Form and an Agency Identification Form (provided by the
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County). The City official or employee signing this Agreement cannot be the same person
signing the Requestfor Access Form.
The Request for Access Form and the Agency Identification Form must be si9ned by two City
employees; the person initiating the request for access and another person approving the
request for access. At the discretion of CJIIN, these signatures may be electronic signatures.
The City may authorize one or more persons to initiate the Request for Access Form and one or
more persons to approve the Request for Access Form. These authorized persons can be
identified by name or by position title. The City shall notify CJIIN of the authorized persons and
the City shall provide notification of any changes to the list of authorized persons. A Request
for Access Form must be resubmitted to CJIIN at the commencement of each Renewal Term of
this Agreement.
(c) Permitted Users Digital Identities
The City shall identify each employee or agent who wilf have access to the CJIIN Software
System or Services by providing user profile data on each person on the Agency Identification
Form. The Dakota County Attorney's Office or its designee will verify the identity of the persons
signing the Request for Access Form and the permitted users listed on the Agency Identification
Form. The County Attorney's Office wiil notify the CJIIN program staff of the results of the
identification verification process. If the Request for Access Form is properly executed, the
CJIIN program will notify verified Permitted Users of the procedures for creating a unique digital
identity on the CJIIN system. After compieting the digital identity process, each permitted user
shall be the owner of his or her own digital identity on the System consisting of a user name
and password.
The Ciry shall promptly notify the CJIIN program whenever a Permitted User ceases to be an
employee or agent of the Cty or no longer holds a position that requires access to the System.
Authorization to access to the System by all City Permitted Users will expire on the date this
Services Agreement terminates.
11.C]IIN Representations and Warranties.
(a) Dakota Counry/G7IIN shall cause the 5ervices to be accessible to the City, except for
scheduled maintenance and required repairs, and except for any interruption due to causes
beyond the reasonable control of Dakota County/CJIIN including, but not limited to, any Force
Majeure Event (as defined in Section 19).
(b) Dakota County/CJIIN warrants that the System Software, Provider Content, and Services
will conform in al� material respects to the specifications, functions, descriptions, standards, and
criteria set forth in this Agreement, its Schedules and attachments, and the applicable
specifications and Documentation, not including any post-Acceptance modifications or
alterations to the Documentation which represent a material change to the functionality of the
System Software, Service, or Provider Content; when used on the Equipment in accordance
with the Documentation and all of the terms and conditions hereof.
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(c) The System Software and Services are compatible with and will operate successfully on the
Equipment and CJIIN will use reasonabfe efForts to make the System SoRware and Services
function properly with Internet browsers approved by CJIIN.
(d) In the event that the City discovers a non-conformance with any of Dakota County/CJIIN's
warranties or representations as stated in this Agreement, the City shall promptly inform CJIIN
in writing and, upon receipt of such notice: (i) Dakota Counry/CJIIN shall correct the non-
conformity within a reasonable period of time not to exceed thirty (30) days without any
additional charge to the City; or (ii) in the event that Dakota County/CJIIN cannot effect such
corrections within a reasonable time using best efforts, the City may terminate the Agreement
and obtain a pro rata refund of the annual fees paid to CJIIN hereunder, aflocable to the period
after the termination of this Agreement.
(e) Te�mination Option for Chronic Problems The City may terminate this Agreement for cause
and without penalty by notifying CJIIN within ten (10) days following the end of a calendar
month in the event either of the following occurs: (1) the City experiences more than ten (10)
Downtime periods resulting from five (5) or more nonconsecutive downtime events during the
calendar month; or (2) the City experiences more than forty-eight (48) consecutive hours of
downtime due to any single event. Such termination will be effective thirty (30) days after
receipt of such notice by CJIIN. If the City terminates this Agreement for such chronic
probfems, within 30 days C.IIIN shall refund to the Ciry a prorated share of the annual fees paid
by the Ciry for the current year. Downtime as used in this section does not include periods that
they System is unavailable due to routine or scheduled maintenance or the installation of
upgrades or patches.
(� THE SERVICE LEVEL WARRANTY SET FORTH HEREIN SHALL ONLY APPLY TO THE
SYSTEM PROVIDED BY DAKOTA COUNTY/CJIIN AND DOES NOT APPLY TO: (A) A13Y
PROFESSIONAL SERVICES; (B) ANY SUPPLEMENTAL SERVICES; (C) ANY SERVICE(S)
THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL WARRANTY (AS STATED IN THE
SYSTEM OVERVIEW FOR SUCH SERVICES). THIS SECTION STATES THE CITY'S SOLE
AND EXCLUSIVE REMEDY FOR ANY FAILURE BY DAKOTA COUNTY/C7IIN TO
PROVIDE SERVICE(S).
(g) Ownership of Seruices and System Software. Dakota County/CJIIN warrants that it is the
sole owner or otherwise has the right and authority to provide the System Software, Provider
Content and Services to the City and Permitted Users as set forth in this Agreement. If Dakota
Counry/CJIIN's ownership rights are successfully challenged to the extent that the City must
cease using the Services, C]IIN shall refund a prorated portion of the annual fees paid by the
City for the current term of this Agreement as measured from the date the City must cease
using the Services.
(h) No Other Wa�ranty, EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN
THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND THE
CITY'S USE OF THE SERVICES IS AT ITS OWN RISK. DAKOTA COUNTY/GIIN DOES
NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR
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IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCNANTABILITY, FIfNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE,
OR TRADE PRACTICE. CJIIN DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
(i) Disc/aime� of Actions Caused by and/or Under the Contro/ of Third Parties,
DAKOTA COUNTY/CJIIN DOES NOT AND CANNOT CONTROL THE FLOW OF DATA
BETWEEN THE POINT THAT THE C]IIN SYSTEM CONNECTS TO THE INTERNET
(WHETHER SECURE OR NOT) AND THE CITY'S FACILITIES AND EQUIPMENT. SUCH
FLOW DEPENDS IN IARGE PART ON THE PERFORMANCE OF THE INTERNET
SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. ACTIONS OR
INACTIONS OF SUCH TfiIRD PARTIES CAN IMPAIR OR DISRUPT THE CITY'S
CONNECTIONS TO C7IIN'S SYSTEM. ALTHOUGH CJIIN WILL USE REASONABLE
EFFORTS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, C]IIN
CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY,
DAKOTA COUNTY/CJIIN DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR
RELATED TO SUCH EVENTS.
12. Nondisclosure
Through exercise of each Party's rights under this Agreement, each Parry may be exposed to
the other party's technical and financial informatio� and criminal justice data, in electronic,
magnetic, photographic and other forms, that is confidential or private information
("Confidential Information"). In recognition of the other Party's need to protect its legitimate
business interests and legal obligations, each party agrees that it shall regard and treat each
item of information or data constituting Confidential Information of the other Party as
confidential or private and that, except as required by law including the Minnesota Government
Data Practices Act, it will not redistribute or disclose to any other person, firm or entity, or use
or modify for use, directly or indirectly in any way for any person or entity any of the other
Party's Confidential Information. If Confidential Information is required by subpoena, court
order or government requirement to be disclosed, each Party shail give the other Party prompt
written notice of such subpoena, court order or government requirement to allow the other
Party an opportunity to obtain a protective order to prohibit or restrict such disclosure.
13. Data Securitv.
During the term of this Agreement, CJIIN shafl, at a minimum, implement the folfowing
procedures designed to protect the security of City Data:
(a) User identification and access controls designed to limit access to City Data and the City's
Confidential Information to the City Permitted Users;
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(b) Industry standard firewalls regulating data entering CJIIN's internal data network from an
external source, which will enforce valid secure connections between internal and external
systems;
(c) CJIIN and Dakota County will maintain and follow a disaster recovery plan designed to
maintain access to the System Software and Services and to prevent the unintended destruction
of City Data or City Confidential Information;
(d) Regular CJIIN employee training regarding the security and data recovery programs
referenced in this Section.
14. Liabifitv Limitations.
(a) OTHER THAN THOSE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT,
DAKOTA COUNTY/CJIIN DOES NOT MAKE ANY WARRANTIES TO THE CITY OR ANY
OTHER PERSON OR ENTITY, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILIfY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER.
DAKOTA COUNTY/CJIIN SHALL NOT BE LIABLE TO THE CITY OR TO ANY OTHER
PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT
WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE.
(b) Under no circumstances shall Dakota County/CJIIN's total liability to the City or any other
person, related to the System Software, Provider Content, or performance of Services under
this Agreement exceed the aggregate amount of fees and revenue received by CJIIN hereunder
for the prior twelve (12) month period.
15. Indemnitv.
Dakota County/C]IIN Indemnity.
Dakota Counry shall indemnify, defend, and hold harmless the City and its officers, employees
and agents with respect to claims, losses, damages, causes of action and liability of any kind,
including court costs, attorneys' fees and expert witness fees ("Claims'� to the extent that it is
based upon (i) any third party claim arising out of Dakota County/CJIIN's breach of its
obligations under this Agreement, or (ii) any third parly claim that the Services, System
Software, Provider Content or pocumentation infringes any copyright, patent, trademark, trade
secret or other intefiectual property right of any third party (an "Infringement Claim'�; prouided,
howeue� that Dakota Counry/CJIIN shall have no obligation pursuant to the foregoing
indemnification provision to the extent that the Claim is based solely on (a) any use of the
Services, System Software, Provider Content or pocumentation by the City in material breach of
this Agreement, or (b) any use of the Services, System Software, Provider Content or
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Documentation by the City in conjunction with any third party product, data, hardware or
soRware not provided by CJIIN.
The foregoing states the entire liability of Dakota County/CJIIN with respect to any
Infringement Claim.
City Indemnity.
The City shall indemnify, defend, and hold harmless Dakota County/CJIIN and its o�cers,
employees and agents with respect to any Claims sustained by Dakota County/CJIIN, to the
e�ent such Claim is based upon any third parry action relaYed to (a) the City's access or use of
all or part of the Services, System Software, Provider Content or pocumentation; {b} any
material including, without limitation, any report, output or result generated in connection with
the use of the Services, System Soflware, Provider Content or pocumentation and provided to a
third party by the City, its employees, agents, contractors or sub contractors; and {c) the City's
Ddta.
These mutual indemnification obligations are subject to the limitations and immunities of Minn.
Stat. Ch. 466.
16. Term and Termination
(a) This Agreement shall commence as of the date executed by both Parties and shall remain in
effect until December 31 of the year in which it is executed, or until December 31 of the
following year if this agreement is executed after August 1, un�ess terminated earfier by either
parry as set forth herein ("Initial Term'�.
(b) This Agreement may be renewed for additional terms ("Renewal Term'� of one calendar
year, commencing on lanuary 1 and expiring on December 31 of subsequent years, provided
the City notifies CJIIN at least thirty {30) days prior to the end of the Initial Term or a Renewal
Term of its intent to e�end the term of this Agreement.
(c) Each Party reserves the right to terminate this Agreement immediately if the Services
provided hereunder become illegal or contrary to any applicable law, rule, regulation or public
policy. Each Parry shall have the right to terminate this Agreement without cause upon ninety
(90) days prior written notice to the other party. If the City has not breached this Agreement
and CJIIN terminates this Agreement pursuant to this Section 16 (c), within thirty (30) days
CJIIN shall refund to the Ciry that portion of the annual fee paid by the City that is equivalent to
the remainder of the current term of this Agreement If CJIIN has not breached this Agreement
and the City terminates this Agreement pursuant to this Section 16 (c), C]IIN shall retain all of
the annual fee paid by the City for the current term of this Agreement.
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(d) Within sixty (60) days of termination of this Agreement, CJIIN shafl provide the City with a
copy of all City Data contained in Dakota County/C7IIN's System. Within a reasonable time
afrer providing the City Data, C.IIIN shall delete and remove all of the City Data from Dakota
County/CJIIN's servers and data storage facilities and shall verify to the City that this has been
accomplished.
17. Pees and Pavments.
(a) lnitial Term. For the services provided by CJIIN during the Initial Term of this Agreement,
the City shall pay CJIIN an annual fee of $5,000 for access to the e-Briefing application only.
(b) Renewal Term(s). For each Renewal Term, CJIIN will continue to provide the City with the
Services, and will provide maintenance and support services as described herein, provided the
City pays CJIIN in advance the annual fee then in effect for the number of City Permitted Users
and the types of services it is utilizing. The Parties agree that for the first Renewal Term, the
City will pay CJIIN an annual fee of $5,000 for access to the e-Briefing application only. If there
is achange in the annual fee charged to the City for the second Renewal Term or any term
thereafter, CJIIN shall give the City written notice of such increase at least thirty (30) days prior
to the expiration of the applicable term. The fee for any Renewal Term will be the annual fee in
effect on January 1 of the Renewal Term year. If the City requests access to CJIIN applications
in addition to the e-Briefing application, the City wifl pay the additional fees then in effect for
such other applications.
(c) Fees for any consulting services provided by CJIIN that are outside the services that CJIIN
must provide under this Agreement shalt be at the rates stated in Attachment C.
18. Particioation on the CJIIN Steerina Committee.
The CJIIN Steering Committee provides direction to C]IIN program staff and Dakota County on
the use of CJIIN funds and upgrades and modifications to the CJIIN criminaf justice applications
and System. The Steering Committee consists of representatives from Dakota County and cities
located within Dakota County that have committed staff time and financiaf resources to develop
the CJIIN applications and System. During the Term of this Agreement, the City may
participate in the CJIIN User Groups and provide input through those groups; however the City
will not be a member of the Steering Committee. The Steering Committee will consider
suggestions from the User's Group for modifications to or additional functionality of the System
Software and Provider Content, although the final decision on changes and additions to the
System wilf be made by the voting members of the Committee.
19. Force Maieure.
Neither Party shall be liable to the other Party for any damages, costs, expenses or other
consequences incurred by a Party or by any other person or entity as a result of delay in or
inability to deliver any Services or comply with other obligations and responsibilities under this
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Agreement due to circumstances or events beyond the Party's reasonable control, including,
without limitation: (i) acts of God; (ii) changes in or in the interpretation of any law, rule,
regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv) transportation
delays; (v) unavailability of supplies or materials; (vi) fire or explosion; (vii) riot, military action
or usurped power; or (viii) actions or failures to act on the part of a governmental authority.
20. Miscellaneous
Assionment. The Parties shall not assign its rights or obligations under this Agreement without
the prior written consent of the other parly.
Severabi/ih! If any provision of this Agreement is held by a court of competent jurisdiction to
be contrary to law, such provision shall be changed and interpreted so as to best accomplish
the objectives of the original provision to the fuffest e�ctent allowed by law and Yhe remaining
provisions of this Agreement shall remain in full force and effect.
Waiver and Amendment. No modification, amendment or waiver of any provision of this
Agreement shall be effective unless in writing and signed by the Parties. No failure or delay by
either Party in exercising any right, power, or remedy under this Agreement shall operate as a
waiver of any such right, power or remedy.
Gouernin4 Law. This Agreement shall be governed by the laws of the state of Minnesota, and
the Parties hereby submit to excfusive jurisdiction in the federal and state courts located in
Minnesota for all disputes in connection with this Agreement or the transaction contemplated
hereby.
Notrces. Except as provided otherwise in this Agreement, all notices and other communications
required or permitted hereunder shall be in writing and shall be mailed by United States first
class maii, postage prepaid, sent by facsimile or delivered personaily by hand or nationally
recognized courier. All such notices and other written communications shall be effective one
business day after the date of mailing, receipt of confirmed facsimile transmittal or delivery. AII
notices shall be addressed to the applicable Party at its respective address first set forth above
or such other address as may be designated on notice to the other Parly pursuant hereto.
IndependentContractors. Dakota County/CJIIN and its personnel or agents, in performance of
this Agreement, are acting as independent contractors and not as an employees or agents of
the City. Under no circumstances will either Party have the right or authority to enter into any
contracts or assume any obligations for the other or to give any warranty to or make any
representation on behalf of the other.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
respective duly authorized officers as of the date set forth above. This Agreement shall be
effective only when executed below by both Parties.
CITY OF ST PAUL
By
Chief of Police
By
Citv Attomey O�ce
Date of Signature
By
Director of Financial Services
Date of Signature
Approved by Dakota County Board
Resolution No. 07-233
Date of Signature
COUNTY OF DAKOTA
�
Date of Signature
Dakota County Attorney's O�ce Approved as to Form (Asst County Attorney):
Dakota County Judicial Center
1560 Highway 55 By
Hastings, MN 55033
651-438-4438 Date of Signature
Criminal Justice System Services Agreement St Paul vl 11-04-2009
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A7TACHMENT A
The C7IIN System includes the following applications:
e6riefing: eBriefing is a web application that enables City Data entry, viewing, and tracking of
police roll call briefing information. Nine categories of State data are available and shared
between law enforcement agencies. The appiication includes notifications of situational
changes, various levels of securiry, and advanced auditing.
Search, Administration, and Clipboard: The CJIIN Search application provides the City the
ability to search the City's local databases for briefing, forms, prisoner, warrant and arrest
information. Configurable preferences allow the City to customize the CJIIN appiications for the
City's use. The Clipboard application is the foundation for allowing personnel to enter
information once, and then copy data to the C]IIN Clipboard to re-use that information
throughout the City's criminal justice process. The Administration application allows the City to
manage iYs users' access rights.
CJIIN Integration Hub: The CJIIN integration hub is based on MicrosofYs BizTalk integration
middleware and is used for the routing of State of Minnesota data bases to City Permitted
Users. Fully deployed, the integration hub will link State of Minnesota criminal justice
information systems to City Permitted Users.
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ATTACHMENT B
MAINTENANCE AND SUPPORT SERVICES
CJIIN shall maintain all CJIIN applications including related hardware and soRware hosted by
Dakota County.
Support sha{I include:
1. Unlimited phone support, facsimile and email, including the use of the
°CJIINSUPPORT" email system available to all users during regular business hours.
2. Regular business hours are 8:00 a.m. — 5:00 p.m., Monday — Friday.
3. 24x7x365 after hours support for major system failures is available by contacting
CJIIN support emergency phone procedures.
4. C]IIN application staffi shall support a 24x7 phone to respond to any and alI
emergencies.
5. All applications include the ability to email "CJIIN SUPPORT" at anytime. This email
account is monitored during regular business hours.
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ATTACHMENT C
CONSUL7ING SERVICE HOURLY RATES
On the effective date of this Agreement, CJIIN will charge $ 100 per hour, including travel time,
for consulting services that are outside the scope of this Agreement. This hourly rate may be
increased by CJIIN on January 1 of each year.
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ATTACHMENT D
TERMS AND CONDITIONS FOR USIIVG THE C3IIN SYSTEM
When a Permitted User accesses the CJIIN System for the first time, the user will be presented
the information reproduced below. To create a digital identity in CJIIN System and access the
CJIIN Appiications, the Permitted User must read and accept these Terms and Conditions. This
language may be displayed to the Permitted User periodically to remind the user of the terms
for using the C]IIN System and to confirm user acceptance of the terms and conditions.
Read this before clicking any buttons on the bottom of this page. You are agreeing to the
following Terms and Conditio�s.
You are requesting access to the CJIIN System and specific CJIIN applications over a secure
criminal justice network. By clicking on the "I AccepY' button below, you are digitally signing
this Agreement and creating a digital identity that you own and manage. You are also
signifying your agreement with the following:
You will use the CJIIN System, Services and applications for legitimate business purposes only;
You will not disclose your system password or security question/answer to others;
You will comply with privacy and confidentiality provisions of the Minnesota Government Data
Practices Act and other applicable date privacy iaws;
You will not access the C]IIN System if you are no longer employed by or under contract with
the Ciry.
By submitting your personal information and clicking the "I AccepY' button, you indicate that
you have read, understand, and agree to these Terms and Conditions. Your submission of this
form will constitute your consent to the collection and use of this information and to the
transmission of this information to Dakota County/CJIIN staff as necessary to provide you with
access to the System and SoRware Applications.
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ATTACHMENT E
MINIMUM EQUIPMENT AND HARDWARE SPECIFICATIONS
A Secure Web Browser - Internet Explorer 7.0 or better or FireFox 3.0 or better over a secure
connection to the internet.
A CJDN Network IP is required to ensure thaC you are accessing Law Enforcement Data from a
secure location
A 256K6/S dedicated internet connection. iM6/S or faster is recommended for a better
experience.
Pentium N(or equivalent) processor or better is recommended. The CJIIN Applications use
A]AX to push some calculations and other user interFace rendering to the client.
256MB of inemory is the minimum for windows XP but we recommend at least 512M6 to
support the large memory allocation of Internet Explorer. Vista is supported but a minimum of
1GB of inemory is needed and 2GB or more is preferred. We intend to support Windows 7.
1024 X 768 resolution or better will provide the best experience.
Keyboard and pointing device. Tabbing can be used to access most functionality, but a Mouse
or other point and click device wilf help speed up navigation in certain instances.
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AiTACHMENT F
FEE SCHEDULE
Cost of CJIIN Applications and Services for External Agencies
The following fees will be assessed for agencies accessing CJIIN applications:
eForms
Sign on fee equal to $150/user
Annual fee equal to $50/user
(This fee is prorated to the date that an agency begins using eForms during the Intitial Term;
for example, if an agency entered into this agreement in May, the fee would be $50 X# of
users X 7l12 (the number of months in the calendar year that the agency will use the
system)
Annual hosting fee of $3000
eBriefing
For agencies with more than 100 users:
For agencies with 75 — 100 users:
For agencies with 50 — 75 users:
For agencies with 25- 50 users:
For agencies with less than 25 users:
$3000 annually
$2750 annually
$2500 annually
$2250 annuaily
$200Q annually
Scheduling
Initial Cost by employee
(per bundle)
Number of
Bundles
Initial
CosUBundle
up to 25 employees
up to 50 employees
up to 75 employees
100
125
150
175
200
225
250
275
300
1
2
3
4
5
6
7
8
9
10
11
12
$1,000
$2,000
$3,000
$4,000
$5,000
$6,000
$7,000
$8,000
$9,000
$10,000
$11,000
$12,000
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Hosting Fee
Initial set up cost
Annual Maintenance
Training
$100 per hour (plus expenses)
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325
350
375
400
425
450
475
500
525
550
575
600
625
13
14
15
16
17
18
19
20
21
22
23
24
25
$1000lannually
$100/hour
20% of initial cost
$13,�00
$14,000
$15,000
$16,000
$17,000
$18,000
$19,000
$20,000
$21,000
$22,000
$23,000
$24,000
$25,000