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10-751Council Fi1e # 10-751 Green Sheet # 3115721 C1TY OF Presented by RESOIUTfON NT PAUL, MINNESOTA E� 1 ItE50LVED, that tLe proper City of&cials are hereby authorized and d'uected to execute a Minuesota Joint Analysis Center 2(IvII�1JAC} Memo of Uuderstanding between various federal, state, county, and local govemment agencies to establish an 3 integrated system of gathering, analyzing, and reporting all-crimes, all-liazards informarion, which includes an indemnification 4 clause, as provided by the Saint Paul Fire Department; a copy of said agreement is to be kept on file and of record in the Office 5 of Financial Services. Bostrom Carter Harris Helgen Stark Thune Adopted by Council: Date � Requested by Department oE Fire "'�� Approved he Office of Financial Services BY� / Attorney � Adoption Certified by Couc�cil Secretaty By: L BY� � !� App ov d by vIa r Da � 7iZ �j(� ( c7 By: Mayor for Submission to Council � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � FR - Fire � i CotrtaM Person & Phone: ' Fire Chief Tim Butler 222-0477 I Must Be on Couna! Agenda by {Date): ; � Doc. Type: �SOLUTION &Document Required: Y Document Contact: ���� �Cassa Contad Phone: 728-6257 07 JUL 201� � � Assign Number For � Routing I Orde� � ToWI # M Signature Pages _(Clip All W cations for Signature) ! Green Sheet NO: 3115721 0 1 2 3 4 5 — fF — Approval of the attached Counci! Resolurion authorizing the Saint Paui Pire Depamnent to enter inm a Minnesota Joint Analysis Center (MNJAC) Memo of Understanding with various federal, state, county, and local agencies. Recomme�ations: Approve (A) or Rejecf (R): Planni�g Cummission CIB Committee Civil Service Commission Personal Service Contracts Must Answer tbe Following Questions: 1. Has this persoNfirm ever woiiced under a contract for this departrnent? Yes No 2. Has this person/firm ever been a dty employee? Yes No 3. Dces this person/firtn possess a skill not normalty possessed by any current city employee? Yes No Erzplain all yes answers on separate sheet and attach to green sheet. inifiating Problem, issues, Opportunity �Who, What, When, Where, Why): The MNJAC is establishing an itttegrated system of gathering, analyzing and reporting ali-crimes, all-hazazds information that would Ue a high priority for all local, state and federal agencies. Advantages If Approved: The Saint Paul F'ue DeQartment will be included in the MNSAC and be able to share resources with all agencies involved. Disadvanqges If Approved: None. Disadvantages If Not App�oved: The Saint PauL Fire Deparhnent will not be able to be included in the MNJAC. Tota{ AmouM of Transaction: Funding Source: F[nancial lnformation: (Expiain) CosURevenue Budgeted: Aetiv'ity Number: �3 �a � A• f w° .�, £ �$L�� :.� �; 6�,f�� July 7, 2010 2:26 PM Page 1 MNJAC MOU Page I of 8 Minnesota Joint Analysis Center (MNJAC) Memo of Understanding The establishment of an integrated system of gathering, analyzing and reporting all- crimes, all-hazards information must be a high priority for all local, state, and federal law enforcement agencies operating within the State of Minnesota. Pursuant to the Omnibus Crime Control and the Safe Streets Act of 1968, 42 U.S.C. 37l 1 et. seq. as amended and in accordance with 28 CFR Part 23; a facility is established to assist ]ocai, state and federallaw enforcement and private sector resources. The entities involved include local, state and federal law enforcement; first responders; emergency management; and private sector entities. This facility is created through federal law in cooperation with and for the benefit of participating entities and must comply with all state and federal laws. Information will be shared pursuant to federal and sYafe law to identify all-crimes, all- hazards. To this end the Minnesota Joint Analysis Center (MNJAC) is formed as an investigative unit at the Minnesata Bureau of Criminal Apprehension. I. PaRicipants: Federal Bureau of Investigati�n State of Minnesota 1 Bureau of Criminai Apprehe��sion (BCA) State of Minnesota / Homeland Security and Emergency Management, (HSEM) State of Minnesota J Department of Corrections (DOC) Minnesota Department of Military Affairs Dakota County ShesifYs Office Hennepin County Sheriffls Office Washington County SherifPs Offace Minneapolis Police Department Saint Paul Police Department Saint Paul Fire Deparhnent Eden Prairie Police Deparhnent Plymouth Police Department Olmsted County Sheri£f s Office Lake of the Woods County Sheriff's Office Saint Louis County Steams Couuty Skeriff's Office City of North Mankato IL Respansibilities a. The MNJAC will be guided i�y the foliowing mission statement: 1Q-751 The mission of the Minnesota Joirit Analysis Center (MNJAC) is to collect, evaluate, analyze and disserninate information regarding organized criminal, 10-751 MNJAC MOU Page 2 of 8 terrorist, and a11 hazards activity in the State of Minnesota while complying with state and federal law Xo ensure the rights ¢nd privacy of all. b. The roles of the MNJAC include but are not limited fo: i. ICEFISHX Infrastructure Development: This includes building an ICEFISHX user base for reviewing and sharing data received and made avai3able by FBI through the FBPS ICEFISHX website and connecting with different groups to add members to MNJAC from different disciplines. Of special importance is establishing a link to the critical infrastructure group. ii. Bulletin Production and Dissemination: With the approval of the data originafor, the MN3AC will produce timely and meanmgful bulletins to share with a statewide audience including the FBL No approval will be required for open source information. iii. Provide Basic investigation and analysis of Submissions to the MNJAC MNJAC personnel will review the submissions initially using open source data bases and agencylstate data bases brought into the Center to try to determine if submissions should move to the ABPs Intelligence Program or other appropriate agency(s). MNJAC personnel with the appropriate ciearances could perform other checks by utilizing FBI databases, as maintained and approved by the FBI. Additionally, MN3AC personnel will provide assistance for the FBI Intelligence Pro��am pursuant to applicable state and federal law. Each lacal representative in the PvINJAC will provide a physical tie to Yheir respective deparimenUoffice and intemal gr�up (as it exists) in order to provide a conduit for information belonging to those jurisdictions. iv. Response to Request far Information (RFI): Provide a timely response to requests from agencies, fusion centers, and the U. S. Department of Homeland Security (DHS) for information and services available through MN3AC to includa but not limited to assessments, analytical products, and open source background materials. v. MNJAC Establishment: The building of the MNJAC with the appropriate policy and procedure development. vi. Training: The MNJAC will coordinate trairung relative to the function of the MNJAC. III. Composition MNJAC MOU Page 3 of 8 a. The MN1AC will be staffed with representatives from the participating agencies as defined in the designated grant ad eements and for the period of time authorized by these a ants, but not exceeding a total of five (5) years from the execution date of this MOli. Participating agencies providing MNJAC staffing not covered by grants will pr�vide their employees at the sending agency's own expense. b. The MNJAC is established as an investigatave unit of the c. d. Minnesota Bureau of Criminal Apprehension {BCA). Management ofthe MNJAC is provided by the BCA subject to approvai by the Superintendent of the Bureau of Criminal Apprehension. The Oversight group as established by the MNJAC Memorandum of Understanding (MOU) Co provide input and recommendations regarding policy and operations. Overall supervision and management of the MNJAC wili be the responsibility of the State of Minnesota Bureau of Criminal Apprehension with the MNJAC Director acting as its agent having authority to schedule center staff, assign work, and control access to MNJAC facilities and secure data subject to approval by the Superintendent of the Bureau of Criminal Apprehension. Discip]ine issues wi11 be handled in consultation with the contractinglemploying agency. A1so, to the greatest extent possible, agencies' employees assigrred to the MNJAC will serve on the MNJAC for the MNJAC'S entire existence. Changes to the MNJAC staff will require the approval of the Superintendent of the Bureau of Criminal Apprehension and MNJAC'S Oversight Group. e. Management of the information analysis process will comply with ail state and federal laws and be guided by specific policy established by the BCA with input and recommendations from the MNJAC Oversight Group. . Disagreements among MNJAC participating agencies regarding operational issues will be brought to the attenti�n of the MNJAC Director for response. If not satisfactorily resolved, the order of appeal is to the Oversight Group and then the Superintendent of the BCA. Participating agencies acknawledge that it is their sole responsibility to provide all salary compensation and fringe benefits to their employees partieipating in the MNJAC and all participating employees will temain under the supervision of the contracting agency. 10-751 MN7AC MOU Page 4 of 8 IV. Indemnifacation a. To the extent allowed by Minnesota law, each participating agency agrees that it will be responsible for its own acts and any ]iability resulting there from and related attomey fees to the extent authorized by law and shall not be responsible for the acts of the other participating agencies or any liability resulting therefrom. b. To the extent allowed by Minnesota law, each participating agency agrees to defend, indemnify and hold harmless the other participating agencies and employees from any costs or expenses, including reasonable attorney fees, resulting dizectly or indirectly from any act or omission of a participating agency and their employees while in the performance of activities required hy this memo of understanding. The duty to defend, indemnify and hold harmiess is subject to the limitations and immunities in Minnesota Statute 3.736 and Chapter 466 which are not waived. V. Oversight Group There shall be established an Oversight Group consisting of executives or designees with decision making authority from the participating agencies. Oversight Group memb�rs will have voting rights regarding MNJAC policies and procedures subject to approvai by the Bureau of Criminal Apprehension. In addition to representarion by the participant agenoies, the Oversight Group will have non-voting member representatives from; the Minnesota Chiefs of Police Associarion, the Minnesota 5heriffs Association, the and others as identified by the Oversight Group. VI M1�3JAC Management There shall be established a MNdAC management team eonsisting of the Directoc�, the Training ( Liaison Manager & the Operations Manager. Under the guidance of the MNJAC Director, the management team wi]] develop MNJAC policy and procedure proposals for the Oversight Group and aiso ensure the implementation of these policies and procedures. VII. Technological Suppart 10-751 a. It is the intent of the MN7AC to be equipped with BCA updated technology, equipment, and IT support to allow for computerized information file systems, use of contemporary analytical software, MNJAC MOU Page 5 of 8 and integrated 1aw enforcement and pubiic safety database sharing. MN3AC personnel shall have exclusive and secure aecess to their contracting{employing agencies' Law Enforcement and Pubiic Safety Information systems to facilitate streamlined information sharing capabilifies. Contributing member agencies will grant their contractorslrepresentatives exclusive access to their information systems to meet MNJAC needs and to keep systems compliant with member agencies computer and system standards andlor requirements. 1`hese contractorhepresentatives must therefore agree to the confidentiality provisions of this MOU regarding any data they have access to. b. In order to work towards the goal of MNJAC to be a regional supporting information sharing center, PvINJAC should serve as a primary gateway for the electronic sharing of information using, but not limited to, previously established information systems (i.e. fCEFISHX, Regional Information Sharing Systerra� {RISS), Law Enforcement anline, FBI Guardittn, HSIN-Intel). IX. Training a. Members assigned to MNJAC serving in the capacity of analysts, officers and managers should receive training to the standards set by the Law Enforcement Intelligence Unit (LEIU) for criminal intelligence officers and managers. This training will allow the standardized callection, storage, and dissemination of materials to ensuze compatibility with peer organizations and compliance with governing state and federal regulations ensuring the protection of the eivil rights of any person or group. b. Specific individualized and group training will be required to allow members to operate computerized software systems and to function in an information driven operations center. The MNJAC Direetar or designee will maintain documentation of group and individual training consistent with LEIU standards. XL Limitations a. Nothing in this Memo of UndersTanding is intended or shall be construed, to modify or be in conflict with Minnesota State Statutes, federal law or Code of Federal Regulations. MNJAC must adhere to the applicable state and £ederal law and US Attorney General Guidelines and Title 28, Code of Federal Regulations (CFR) in the Iawfu] collection, maintenance and dissemination of information for and on behalf of the federal autl�oriries. MNJAC will mainYain a wriYten policy regarding the ia�si MNJAC MOU Page 6 of 8 handling of data that complies with applicable state and federal law. b. Information and documents/files maintained or accessed in the MNJAC shall remain the property and in the constructive possession of the originating agency. Dissemination of information or documents outside the MNJAC not accessibie to the general public shall require permission of the or9ginating agency and comply with all applicable state and federal law. XII, Tennination Any parCy to this Memo of Understanding {MOU) may terminate this MOU, specifically far themselves, at any rime, with or without cause, upon 30 days written prior notice to all other parties of this MOU. Ttie MOU will eontinue and remain effective for the remaining parties to the MOU. Participants to the NiNJAC entering into this Memo of Understanding are listed below. Changes in participants to the MN7AC may be made at any time, as approved by fhe Superintendent of the Bureau of Criminal Apprehension and the MNJAC Oversight Group. Ckanges will require the added agency s]gn an additional signature page to this MC1U, which will be incorporated by referance and made a part of this MOU and kept an file at the MNJAC. When fully executed, this MOU supersedes and replaces any and all previous Memos of Understanding between the participants pertaining to tbe establishment and operarion of the MNJAC. y��6 of Invesrigation Date Z �%�l � State of Mmnesota (BCA) f Date Date 10-751 State of Minnesota (DOC) Date 10-751 � MNJAC MOU �� Page 7 of 8 UIirI'nesota Departrn�nt of Military Affairs �� ��� Dakota Co y Sheriff's Qffice / _ � � `j io 7-a�a � �IO Date �� ��� r Date � /�/ z�� � : County Sheriff s Office Washington County Sheriff's Office /�, °' / �E.2/ " �--- Department � Paul Date � z� Zo/c� Date � � 7� (�_ 5 ����ta Saint Paul Fire Department �� ���� LLL411 11Qlllli 1 VltliV Lli1l0.1Llll�.11t ,�,2� �� Pl outh Police Department Olmsted Cowity Sheriff s Office Lake of the Woods County Sheriff's Office Date Date �f�/ �to Date � � ��/� Date Date Date 10-751 NIN3AC MOU Page 8 of 8 Stearns County Sheriff s Office Louis County City of North Mankato Mayor of the City of Saint Paul Saint Paul City Attorney Date Date Date Date Date Finance Director, City of Saint Paul Date