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10-508Council File # 10-508 Green Sheet # 3103277 RESOLUT{ON CITY OJF �AIN� PAUL, MINNESOTA /,� Presented by 1 RESOLVED, that the City of Saint Paul, Police Department is authorized to enter into the attached Joint 2 Powers Agreement which has an indemnification clause, with the Minnesota Department of Public Safety, 3 Bureau of Criminal Apprehension for Distribution of I�etwork Services. of: by the Of�ice of Financial Services By: Approv y ity Attomey By: Approved a for Sub s'on to ouncil By: � � � Adoption Certified by Cound Secretary By i Apprdve y o Date � L� gy; ��✓� Gi��i"/L�L�.( .a /l � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Shee�'� PD - Poiice Department Contact Person 8 Phone: Chief John Harrinpton 266-5588 Must Be on Council Agenda by (Date): 7Y � y: RESOLUTION uace �mnaceo: I 19MAR2010 I Green Sheet NO: 3103277 � � Assign ; Number 1 For Routing � Order E-Document Required: Y Document Contact: Evette Scarver 0 i 2 3 < 5 6 _ --" �� ConWCt Phone: 266-5541 I - _--._ .__ __ _--_.___- ` _- ____— - -__- _ ___- - -___�. __- _� Total # of Signature Pages (Clip All Locations for Signature) . __-_____ __- --_ __. __- _-_._._.___- - Action Requested: � Signatures on the attached council resolution authorizing the City of Saint Paul, Poiice Department to enter into the attached Soint Powers Agreement with the Minnesota Deparnnent of Public Safery Bureau of Criminal Apprehension. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personat Service Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheM and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Ciry of Saint Paul Police Deparhnent wishes to enter into the attached Joint Powers Agreement with ttte MN Department of Safery for the Distribution of Nerivork Services. Authorizarion is needed. Advantages If Approved: Opportunity to connect to the cximinal justice data communications network. This data is impecative tn law enfotcement agencies. i i DisadvantageslfApproved: ' None. r ---- ----------- ---- - - I DisadvanWges H Not Approved: ' Lost opporiunity to connect to the criminal jusrice data communicarions network. .- .. _--- ---- - ------� ----.._--- ------ ' ToWI Amount of $0.00 CostlRevenue Budgeted: , Transaction: Fundiny source: Minnesota Department of Pubiic pdivity Number. Safety Financiallr�formation: (Ezplain) � ����iVE� M�Y Q 4 2�iiC� � � :;, � -: March 19, 2010 10:53 AM Page 1 10-508 MN DEPARTMENT OF PUBLIC SAFETY CRiMINAL JUSTICE DATA COM�UNICAT{ONS NETWORK AGREEMENT (DISTRIBUTION OF NETWORK SERVICES TO LAW ENFORCEMENT AGENCIES) Contract # DPS-M-0426 THIS JOINT POWERS AGREEMENT is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension, 1430 Maryland Avenue East, St. Paul, Minnesota, 55106 (State) and St. Paul Police Department, 367 Grove Street, St. Paul, Minnesota 55101, (Governmental Unit). They agree as follows: Vi/HEREAS, the State, pursuant to Minnesota Statutes, section 299C 46, subdivision 1 is authorized to lease or purchase facilities and equipment as may be necessary to establish and maintain the data communications �etwork with criminal justice agencies (CJDN), and WFiEREAS, Minnesota Statutes, section 299C.46, subdivision 2 defines criminal �ustice agencies allowed to connect to the criminal justice data communications network, and WHEREAS, Minnesota 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 network services from the State for the purpose speafied, and WHEREAS, the Governmental Unit represents that lt is duly qualifiied and wilfing to perform and carry out the services and tasks described in this Agreement NOW, THEREFORE, it is agreed: DESCRIPTION OF AGREEMENT The expected bandwidth requirements of the Governmental Unit are low permitting the Governmental Unit to utilize some of the available bandwidth within the CJDN network. The Governmental Unit must obtain the State's approval in advance for each type of service that they want to use. The oniy cost to the Governmental Unit will be for an additional router port, if it is needed to segregate the CJDN traffic and establish the required separate segment. CJDN traffic wiil have priority routing and if the Governmental Unit experiences bandwidth congestion (slow response time), then the Governmental Unit can acquire additional bandwidth, if avaifab4e, on the existing circuit or the Governmental Unit can acquire another arcuit connection through the Minnesota Office of Enterprise Technology (OET). The same installed router can be used. II. STATE'S RESPONSIBILITIES A. The State shail, by the nature of the location of the Governmental Units that it serves, cause the Minnesota Network (MNet) to be extended to more locations throughout the state. This provides an opportunity for Governmental Units to partner with the State to more fuily utilize the network connections and i�crease connectivity between public sector organizations. B. Wherever feasible, the State shall use current MNet digital network connections to connect to participating agencies for the purposes of criminal justice access. pAGE 1 of 3 10-508 III GOVERNMENTAL UNIT'S RESPONSIBILITIES Governmental Unit receiving services under this Agreement must A. Provide and maintain any disposable and consumable components originally provided by the State, and shall supply ali other necessary disposable and consumabie components not provided by the State at the Governmental UniYs expense. B. The Governmental Unit shall properly dispose of any and all state provided internal wiring when it is no longer operational or needed for connectivity to the criminal justice data communications network. C. If an additional router port is required, the Governmental Unit will be required to pick up the monthiy charge. IV. TERMS OF AGREEMEN7 This Agreement shall be effective on the date that the final required signature is obtained by the State, pursuant to Minnesota Statutes, section 16C.05, subdivision. 2, and shall remain in effect for five (5) years. 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. VI. STATE'S AUTHORiZED AGENT The State's authorized agent for the purposes of this Agreement is David M. Johnson, or his designee, Department of Public Safety, Bureau of Criminal Apprehension, 1430 Maryiand Avenue East, St. Paul, MN 55106. The agent shail have finai authority for acceptance of the Governmental UniYs services. VII. ASSIGNMENT Governmental Unit shall neither assign nor transfer any rights or obiigations under this Agreement without the prior written consent from the State. VIII. LIABILITY The Govemmental Unit shall indemnify, 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 by the Governmental Unit or Governmental 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 fulfill its obligations pursuant to this Agreement_ The Governmentai Unit's liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, sections466.01 through 466.15 and other applicabie law. lX. 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 sub�eci 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. PAGE 2 of 3 io-soa IN WITNESS WHEREOF, the parties have caused this Agreement to be executed intending to be bound thereby APPROVED 1. GOVERNMENTAL UNIT 2. DEPARTMENT OF PUBLIC SAFETY Governmental Unit certifies that the appropriate person(s) have (with delegated authority) �`�� executed this Agreement on behalf of the Govemmental Unit as �`_____ __�,� required by applicable articlQS; bylaws, solutions, or ordinances. - i By: � � B Title. Chief`of PoL'rde l^ 1 Title: MNJIS Executive [�irector i � Date: � Date: ( B y _ J � Title: Asst. City Attorn�y i Date: 3. DEPARTMENT OF ADMI ISTRATION sy: Date: — PAGE 3 oi 3