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98-54' ' Council File #_ �'q�� —��} Green Sheet �I811 0 R 1 G I N A L �SOLUTION CITX OF SAINT PAUL, MINNESOTA 1 � L Presented By: � '; Referred To: Committee:Date: 1 RESOLVED, that the proper City Officials hereby authorize the City of Saint Paul Police 2 Depariment to enter into a joint powers agreement with the State of Minnesota, Department of Public 3 Safety, to share the cost of the maintenance and upkeep of the MAFIN (fingerprint) System. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 2& 29 30 31 32 33 � Yeas Nays Absent � Requested by Department oG : .;- " , POLICE DEPARTMENT TOTAL # OF SIGNATURE PAGES 12f30/97 NUMeERFOR NOUTING V � N° 518 �Y,S`� DEP�T RE � EN � SHEET CITYCOUNpL �NITIAVDATE 'GINATfOFiNE� O C1TV CIERK BUDGET DIRECTOR O FIN 8 MGT SEFVICES �IR. MA1'OR (OR ASSISTAN'n � (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTEO. Signatures required on the attached council resolution, authorizing the St. Paul Police Department to enter into a joint powers agreemenx with the State of Mumesota, to share the cost of the mamtenance and upkeep of the MAFIN (fingerprmt) System. RECOMMENDATONS: Approve (A) ur _ PLANNING COMMISSION _ CNIL SERVICE _ CIB CAAAMITfEE _ _ SSAFF _ _ DISTpICTCOURT _ SUPPOFTS WHICH COUNpL OBJECTNE� PERSONAL SEHYICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS: 7. Has this persoNfirm ever worked untler a contract for this Uepartment> YES NO 2. Has this perspn/firm ever been a city employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any turrent ciry employee? YES NO Explaln ali yea answers on aeparate sheef end attaeh to green aheet MAFIN (Midwest Automated Fingerprint Idenrification Network) performs latent fmgerprint scanning, image encoding and reviews latent results for Minnesota, I�3orth and South Dakota. The BCA maintains the system and upgrades. This agreement represents St. Paul's fair share costs of using this system and continues an ongoing cooperative relationship since 197& � We wlll continue to be able to access the largest local pool of adulYs and selected juvenile's fingerprints for latent e�cacnination of evidence from crime scenes. This is the primary tool for offender identification in cases where the suspect is milcnown. None noted. �'i�lUdC� �°' �I€�'t (:F946��" JAN 14 15�� 1� � � JP� pFti� ������� The Police Department will lose the ability to identify suspects at crime scenes through the use of fmgerprint identification. Without automated assistance there is no practical method of manually sea�l� �m�arp�nt records. ��?� � 2 ��qa TOTAL AMOUNT OF TRANSACTION $ see copy of attached contract COST/REVENUE BUpGE7ED FUNDING SOURCE SY$�C OPMIIIIICSOYFI ACTWITY NUMBER n m �. � � � is�i'� 1 'LE ONE) VES NO FINANCIAL INFOqHSATiON' (EXPLpIN) STATE OF MINI�tESOTA JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (hereinafter contract} shall be interpretefl pursuant to the laws of the State of Minnesota. WHEREAS, the Mirinesota Departm n nf A�hlir c f n Rnrr of Criminal ApprehP �;� (hereinafter the STATE}, is empowered to enter into joint powers agreements pnrsuant to Minnesota Statutes, Section 471.59, Subdivision 10 (or appropriate citation}; and WfiEREAS, the STATE, is empowered to charge foz the maintenance and upkeep of the MAFIN system under Minnesota Statutes, 299C; and WHEREAS, the ('�ity of St. Pau1 Police De an rcment (hereinafter the MEMBER AGENCI�, is empowered to enter into joinY powers agreements pursuant to Minnesota Statutes, Section 471.59, Subdivision 10 (or agprogriate citation); and WAEREAS, the intent is to use the STATE'S Printrak Orion M1B and Printrak 2000 AFIS technology, subject to the processing limitations inherent in the system, to estabiish a Midwest AFIS Network (herein referred to as MAFIN) for ihe purposes of creating a high quality regional computerized centrat repasitory of fingerprint images for the law enforcement communiry in the State of Minnesota in support of criminai investigation efforts and to assist in the positive identification of criniinals: and WHEREAS, the MEMBER AGENCY is an accredited ppiice agency within the state; and WHEREAS, the MEMBER AGENCY is qualified and willing to perform the duties and tasks outllned in this contract; NOW, THEREFQRE, it is agreed: I. DIITIE OF TH STATF. The STATE agrees to provide the following: A. The STATE shall house the system hardware and pay all costs associated therewith to the maintenance service provider. B. The STATE will enter into a contract wiffi the maintenance service provider (presently Printrak Intemational, Inc.) to provide system hardwaze and software maintenance. C. The STATE will accept addational Member Agencies as Member Agencies sign Joint Powers Agreemenu. As new Member Agencies are added to the 1vIAFIN, the proponional costs of the maintenance provided by the existing Member Agency will be adjusied according by the Superintendent of the Bureau of Criminai Apprehension and shail be based upon the recomznendation of the MAFTN BOARD. SPA -SC Pau3 ��.s� 1 ��.5`� A MAFIN BOARD consisting of one empioyee from each Member Agency and one employee from the STATE shali be created for the proposes of advising tne Sugerintendent of the Bureau of Criminal Agprehension regarding policies and procedures for operating the MAFIN system in an e�cient manner. D. The Printrak Orion or Printrak 2000 AFTS technology acquired by the STATE, acting in ihe capacity as the "Host Site" wili function as the hub of a statelregion wide AFIS nenvork using the STATE'S AFIS database as a state cen[ralized computer repository for 1:1 ratio fingerprint data and black-ridge images. B. The MAFIN system will be available to the "on-line" MEMBER AGENCY 24 hours per day, 7 days per week with the exception of "down-tune" for system maintenance, database back-up, upgrades and with the exception of "down-time" due to unforeseen hardware and/or sofiware related failures. F. Tenprint cards received from remoie "on-line" sites, possessing only latent workstation capabilities, will be input at the centtal site. All minutiae and quality control editing will be performed prior to search and disposition by the central site. G. The MAFIN system will provide for a"high priority" categary of search requests against the MAFIN database to ensure that fmgerprints relating to important investigations receive immediate input for processing. H. The STATE will support, upon advance notice in writing of at least 90 days, the transfer or download from the MAFIN database to magnetic or ogticai disk media, of fingerprint data and related images belonging to each Member Agency, at a mutuaily beneficial [ime, providing there is no cost to the STATE and the AFIS processing needs of MAPIN Member Agencies is maintained at an acceptable level during the time required to transfer or down-load the da[a, I. As the technology becomes viable and the funding becomes avai]able, it is the intention of the STATE to upgrade the hardware and software of the Printrak Orion AFIS system in order to increase system accuracy, throughput and retiability. 3. As the technology becomes acceptable and the funding becomes available, it is the intention of the STATE to be able to process fmgerprints, nsing AFIS technology on-line, to establish a positive identification while a person 3s heing fmgerprinted and prior to being released from custody. K. It is recognizect that the ability to process and transmit fingerprint data can be achieved more e�ciently using digitized data via electronic media, and the STATE wiil work with other Member Agencies toward achieving network exchange capabilities and adopting standards that meet the needs of the police agencies conceziaed. L. It is the intention of the STATE to foster the acceptance of electronically processed JPA -St. Paul Z fmgerprint data at ail levels of court in Minnesota. M. It is the intention of the STATE to seek continued improvemenu to AFIS technology and MAFIN procedures with special regard to accuracy, speed and reliability. N. The STATE shall create a MAFIN BOARD made up of Member Agencies which shall advise the Superintendent of the Bureau of Cruninal Apprehension on policy, system enhancements, technoloay upgrades and maintenance concerns which affecY ail Member Agencies. O. The STATE will support "filtered" search and storage processing that reflect the desired criteria of each submitting Member Agency including, but not lunited to, single/muitiple agency search. II. DUTIBS QF THE CITY OF T pATTi p0 I DFPARTMFP3TtM M R A N Y). The MEMBER AGENCY agrees to provide: A. It is a requirement of MAFIN membership that MEMBER AGENCY fingerprint data searched and/or stored using the MAFIN database be subject to the 'pattem' and 'minntiae' quality controi standards and interpretations used by the STATE. B. Information obtained as a result of system usage must be treated as co�dential and may be made available to other non-member accredited police agencies and law enforcement agencies where not prohibited by the STATE's or MEMBER AGENCY's legisiatian or the policles and procedures. C. MEMBER AGENCY'S personnei who wilI be sanctioned to perform remote MAFIN on-line access and processing must first receive training by the STATE relating to MAFIN system usage, at no cost to the STATE. D. MEMBER AGENCY may not assume the responsibility of searching and storing fingerprints obtained from other non-member police agencies using the MAFIN database without the permission of the STATE. E. MEMBER AGENCY will be responsibie for the storage and removal only of their fingezprint records on the MAFIN database and shali not mod'afy or delete fingerprint records belonging to other Member Agencies. The STATE reserves the right to unpiement MAFIN processing restrictions and retention schedules should the need arise due to processing requirements or legislation. F. MEMBER AGENCY may input fingerprint impressions developed at crune scenes for search and/or storage using the MAFIN system provided the impressions are submitted according to established FBI policy. G. In the absence of other pertinent fmgerprint data, i.e., fmgerQrint pattern, coretdelta location andJor digit determination, the MAFIN will support the search and storage of fmgerprints using minutiae only, and the STATE reserves the right to subject minutiae only processing to lower processing priorities as the size of the qg ,S�l JPA -St Pauf database and the number of users increase. H. MEMBER AGENCY that acquires Prinuak prion of Printrak 2000 AFIS equipment capable of tenprint processing will perform their own quality control providing it meets or exceeds the standards and inteipretations set by the STATE. I- MEMBER AGENCY will be required to perform a daiiy MAFIN format Operational Readiness Verification {ORV) test to monitor system e�ciency and accuracy, and ihe STATE reserves the right to visit MAFIN MEMBER AGENCY, with advance notice and at a mutually beneficial tune, for the purpose of ensuring proper MAFII3 system usage. J. All crime scene prints are to be input as black-ridge, i:i ratio impressions at remote sites and the search resulu are retumed to remote sites for verification and disposition. K. MEMBER AGENCY will, on a monthly schedule, advise the STATE when a fingezprint identification has been achieved as a result of MAFIN technology in ozder that a centralized statistical data record be maintained at the MAFIN cenual site available to all Member Agencies — where not prohibited hy legislation, MAFIN policy, MEMBER AGENCY policy or the STATE. L. A11 fingerprint data and related image stored on the MAFIN system and a1T related infozmation derived must be treated as confidentiai information and protected accordingly, and the data informat3on wili be shared, where not prohibited by legislation or policy, among all ivlember Agencies for the purpose of supporting the investigation of cruninai activities and establishing cruninal identifications. M. Fingerprinis may be searched and/or stored using the MAFIN databases, on a Iuniced basis, for other accredited law enforcement agencies by MEMBER AGENCY only with the permission of the STATE, and the results released in the interest of justice where not prohihited by legislation or policy. N. MEMBER AGENCY wiil connect tluough the MNet trunk lines to the A.FIS System. � ��. • ': Iu A. AII Member Agencies and the STATE realize that individual workstations should be supported and paid for by the individual Member Agencies that use the individual workstations. At this time some Member Agencies aze paying for these individual workstations separately from this agreement and some other Member Agencies are paying forthese individual workstarions under the general mainte- nance cosu included in this agreement. Therefore, it is now agreed by ali Member Agencies and the STATE that the cost of the general maintenance of the mainframe, covered by this agreement, shall not include Member Agencies' individual workstations. Hence, the cost of Member Agencies' individual JPA -St. Paul �t��s`� n � ` workstations shall be subtracted from the general maintenance of ihe mainframe ��,5� cost covered by this agreement. And each Member Agency will be responsibte for direct payment for individual workstations to the maintenance service provider (presendy Printrak Internationat Inc.). At this time these individual workstation costs are assessed as $12,333.00 per input workstation, $5,000.00 per latent workstation and $5,000.00 per verification workstation. The remainder of the general maintenance of the mainframe shall be divided as follows below. B. Ail AFIS "out of state", "on-line" remote site MEMBER AGENCIFS shail provide for the MEMBER AGENCY'S portion of the maintenance cosCS towards the entire generai maintenance of the mainframe system. At this time the MEMBER AGENCY'S portion is based on a percentage figure developed from the MEMBER AGENCY'S total number of records divided by the total number of records in the database. This percentage will be adjusted yeariy on the state fiscai year uniess a large number of records are added fram either the STATE or the MEMBER AGENCIES. If such records are added the percentage of each "out of state", "on-line" remote site for ail Member Agencies shal] be adjusted accord- ingly. C. The STATE is presently and shall continue to pay 50 percent of the remaining balance of the totai costs for the maintenance of the central site mainframe. Member Agencies within Minnesota shall pay for the other 50 percent of the maintenance costs of the central site mainframe. Ail Member Agencies within Minnesota wili split the costs equally based on input sites paying one full share and latent sites paying one half st�are of the costs. Therefore, for example, if there are two latent sites and one inpnt site, the input site wouid pay one full share (50%), and each latent site would pay one haif share (25 %) each of the balance left after the STATE's share is deducted. As Member Agencies are added within the State of Minnesota the portion of the costs born by the Member Agencies within Minnesota will be divided equally among those Member Agencies. D. The STATE shall invoice the Member Agencies quarterly and in accordance with the Agreement for Maintenance Service, Section 8, which is hezeby incorporated by reference and titled E�ibit 1., and made a part of this agreement. Member Agencies shali make payment to the STATE wzthin 30 days of the date of the invo3ce. This payment shall be made payabie to the Minnesota Department of Public Safety. Payment must be remitted to: Bureau of Cruninal Apprehension CJIS Section Attention: Joan Reese, or her successor 1246 Universiry Avenue S[. Paui, Minnesota 55104 All costs sha11 include system software maintenance costs regardless of the desirable softwaze items selected, and ait materials and parts located at the central site mainframe. E. MEMBER AGENCIES possessing remote AFIS equipment wiII be responsSbie for ail cosE related to housing the remote hardware and software equipment, and JPA -S�. Paul 5 q Y.S� therefore further agrees to maintain their equipment in proper working order when accessing the MAFIN system. As the MBMBER AGENCY wili be purchasing equipment direcfly from the service provider, the MEMBER AGENCY will be responsible for all mainienance costs associated with that purchased eqnipment. F. Any upgrades to the existing MAFIN equipment and/or software within the MEMBER AGENCY'S individual workstations shall be included under this agreement, except when upgrades or additions increase ihe maintenance cost of the central site mainframe system, such purchase and(or increased maintenance cosis shall be che sole responsibility of ffie MEMBER AGENCY. IV. TERM OF ONTRArT This contract shall become effective on the date that the last signature is obtained by the STATE, pursuant to Minnesota Statute 16B.06, Subdivision 2. This conuact shall remain in effect for a period of sixry (60) months from the effective date, and shall supersede any and alI previous contracts between the partie� regarding the MAFTN system. V. CAN T T AT7(]N A. T'his contract may be canceled by the STATE or MEMBER AGENCY at any time, with or without cause, upon ninety (90) days' written notice to the other party. In the event che MEMBER AGENCY canceIs, the MEMBER AGENCY shall continue their por[ion of the maintenance costs for the central site for the balance of the state's fiscal year. In the event the STATB cancels, the MEMBER AGENCY shaii be entitled to reimbursement, determined on a pro rata basis, for monies already forwarded to the STATE. B. If MEMBER AGENCY does not compty to policies and procedures developed by the MAFIN BOARD, and the terms and conditions of this Agreement, ihis 7oint Powers Agreement znay be canceled by the STATE within 90 days and funds shall NOT be reimbursed to the MEMBER AGENCY. �- AUTHORi7F.l� A(;FNTC The STATE's Authorized Agent for the purposes of administration of this contract is �g �i eau of Criminat Auprehension's AFI Syetem Manager Neil iohn on or hic c c� ec�r in office • The MEMBER AGENCY's Authorized Agent for the purposes of administration of this contract is I. Jos ph Poiski or hiS Sti�rPC or in office Each authorized agent shall have final authority for acceptance of services of the other party and shall have responsibiliry to insure that all paymenu due to ihe other party are paid pursuant to the terms of this contract. VII. ASSIGNM NT. Neither the STATE nor the MEMBER AGENCY shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. VIlT. LIABFLITy, As permitted by law, MEMBER AGENCY agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims of causes of action JPA -St. Paul 0 arising from the performance of this contract by MEMBER AGBI3CY or MEMBER y AGENCY'S agents or employees. This clause shall noi be construed to bar legal remedies G�$ � the MEMBER AGENCY may have for the STATE's failure to fuifiil its obligations pursuant to this concract. IX. AMENDM ,NT . Any amendments to this conuact shall be in writing, and shail be executed by the same parties who executed the originai contract, or their successors in office. `� �� '�.: �� .i ■�' � ' �I �_ : • . � • . - A. The MEMBER AGENCY agrees to comply with the Minnesota Data Practices Act and ali State and Federal rules, regulations, and statutes as they apply to all data provided by the STATE in accordance with this contract and as they apply to all data created, gacttered, generaced or acquired in accordance with this contract. B. The MEMBER AGENCY shail retain ownership of all fingerprint records it creates or develops for use in the MAFIN database. Upon payment in full for the applicable materials, the STATE shail own all rights, including atl intellectual property rights, in all original materials, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modales, electronically or magneticaily recorded material, and other work in whatever fozm, (hereinafter MATERIAL,.S) developed or created by MEIviBER AGENCY, and its employees ind"avidually or jointly with others, or any subcontractor in the performance of its obligations under this contraet other than electronically or magnetically recorded fmgerprint records the MEMBER AGENCY created or developed. Said MATERIALS are assigned to the STATE and will become the exclusive property of the STATE and may not be copied or removed by MEMBER AGENCY, or its employees individually or jointly with others, or any subcontractor without express written permission of the STATE's authorized agent. All such MATERIALS, whether in paper, electronic or other form, which have been paid for by the STATE shall be remitted to the STATE by N[EMBER AGENCY upon compledon, tern�i.nation or canceilation of this contract. MEMBER AGEI�3CY, or its employees individually or jointly with others, or any subcontractor shall not use, willingiy allow, or cause to have such MATERIALS used for any purpose other than performance of MEMBER AGENCY's obligations under this contract without the prior written consent of the STATE's authorized agent. C. Upon payment in fuli for the applicable MATERIAI.S, all MATERIAI.S deveIoped or acquired during the perfotniance of this coniract aze and shall remain the sole property of the State of Minnesota. MEMBBR AGENCY also agrees, upon the request of the STATE, to execute ali papers and perform aIl other acts reasonably necessary to assist the STATE to obtain and register intetlectual property rights in such MATERIALS. Where applicabie, MATERIAI,S created by the MEMBER AGENCY, or its employees individually or joinfly with others, or any subcontractor for the STATE in performance of this contract shall be considered "works made for hire" as defined in the U.S. Copyright Act. JPA -St. Pau{ 7 �� -s'� D. MEMBER AGENCY, and its employees individvally or joirnly with others, or any subcontractor agrees notto assert any righis and notto establish any claim under any design, patent, or copyright laws with regard to any MATERIAI.S developed under this contract. For a period of five (5) years after finai payment under this contract, MEMBER AGENCY agrees to furnish and provide the STATE access to all MATERIALS retained by the MEMBER AGENCY and deemed by the STATE to be relevant to this contract. E. The STATE agrees that the MEMBER AGENCY's employees engaged in research or schoiarly pursuits shall bc permitted to use any report, study, coinputer software, data base, model, invenuon, ghatograph, negative, audio or video recarding, or other item oz document, in whatever form, created, generated or gathered as a resuit of this contract in pursuit of their scholarly activities and [o pubiish such material in scholariy or professionai journals, so long as any existing or future patent, license or copyright is not prejudiced thereby. XI. STATE A DITS. The books, records, documents, and accounting procedures and practices of the MEMBER AGEAFCY relevant to this contract shall be subject to examination by the 3TATE and the legisiative auditor. TN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. �rio�f �'o v-�iynQ.-�-�� t ,E�i� rv�e� �zns-� 9v'ee�t �e��5%735� APPROVED: ,, 1. MEMBER AGENCY(Ciry of St. Paul): Member Agency cenifies that the appropriate person(s} have racecured the ntrec[ on behalFof th�r Agency as required by applicable amc{e by-1aws, resotuti ns, ot or8inances. sy � � � ✓ Title Da[e Hy Title Date Disiribution: State Agency - Originaf Member Agency Deparvnent of A 51 State AuNorized enre� executed) conRact 2. STATE (Department o�lic Safery) By _ As t0 form and execution 3. ATTORNEY GENERAL: B Tide Date 4. C1 By Title Date ADMINIS'i'RATION: JPA -S[. Paul ��' EXHIBIT 1 Tiie cost of maintenance following expiratior_ of warranty shall be as provided below, including all system so£tware maintenance costs regardless of the desirable software items selected. Bassc Svstem- ,!� . . �YY Year 1 Ffter Warranty Year 2 After Warranty Year 3 After Warranty Year 4 After Warranty Year 5 After Warranty $121,337 $122,603 $123,933 $125,330 $126,79'7 Prices for maintenance services Year 6 through Year 10 after warranty sha12 be adjusted according to the rate of increase or decrease of the United States Consumer Price index. Maintenance prices for Years 1 through 10 after warranty include all materials and parts. ' ' Council File #_ �'q�� —��} Green Sheet �I811 0 R 1 G I N A L �SOLUTION CITX OF SAINT PAUL, MINNESOTA 1 � L Presented By: p G�i�— '; Referred To: Committee:Date: 1 RESOLVED, that the proper City Officials hereby authorize the City of Saint Paul Police 2 Depariment to enter into a joint powers agreement with the State of Minnesota, Department of Public 3 Safety, to share the cost of the maintenance and upkeep of the MAFIN (fingerprint) System. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 2& 29 30 31 32 33 � Yeas Nays Absent � Requested by Department oG : .;- " , POLICE DEPARTMENT TOTAL # OF SIGNATURE PAGES 12f30/97 NUMeERFOR NOUTING V � N° 518 �Y,S`� DEP�T RE � EN � SHEET CITYCOUNpL �NITIAVDATE 'GINATfOFiNE� O C1TV CIERK BUDGET DIRECTOR O FIN 8 MGT SEFVICES �IR. MA1'OR (OR ASSISTAN'n � (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTEO. Signatures required on the attached council resolution, authorizing the St. Paul Police Department to enter into a joint powers agreemenx with the State of Mumesota, to share the cost of the mamtenance and upkeep of the MAFIN (fingerprmt) System. RECOMMENDATONS: Approve (A) ur _ PLANNING COMMISSION _ CNIL SERVICE _ CIB CAAAMITfEE _ _ SSAFF _ _ DISTpICTCOURT _ SUPPOFTS WHICH COUNpL OBJECTNE� PERSONAL SEHYICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS: 7. Has this persoNfirm ever worked untler a contract for this Uepartment> YES NO 2. Has this perspn/firm ever been a city employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any turrent ciry employee? YES NO Explaln ali yea answers on aeparate sheef end attaeh to green aheet MAFIN (Midwest Automated Fingerprint Idenrification Network) performs latent fmgerprint scanning, image encoding and reviews latent results for Minnesota, I�3orth and South Dakota. The BCA maintains the system and upgrades. This agreement represents St. Paul's fair share costs of using this system and continues an ongoing cooperative relationship since 197& � We wlll continue to be able to access the largest local pool of adulYs and selected juvenile's fingerprints for latent e�cacnination of evidence from crime scenes. This is the primary tool for offender identification in cases where the suspect is milcnown. None noted. �'i�lUdC� �°' �I€�'t (:F946��" JAN 14 15�� 1� � � JP� pFti� ������� The Police Department will lose the ability to identify suspects at crime scenes through the use of fmgerprint identification. Without automated assistance there is no practical method of manually sea�l� �m�arp�nt records. ��?� � 2 ��qa TOTAL AMOUNT OF TRANSACTION $ see copy of attached contract COST/REVENUE BUpGE7ED FUNDING SOURCE SY$�C OPMIIIIICSOYFI ACTWITY NUMBER n m �. � � � is�i'� 1 'LE ONE) VES NO FINANCIAL INFOqHSATiON' (EXPLpIN) STATE OF MINI�tESOTA JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (hereinafter contract} shall be interpretefl pursuant to the laws of the State of Minnesota. WHEREAS, the Mirinesota Departm n nf A�hlir c f n Rnrr of Criminal ApprehP �;� (hereinafter the STATE}, is empowered to enter into joint powers agreements pnrsuant to Minnesota Statutes, Section 471.59, Subdivision 10 (or appropriate citation}; and WfiEREAS, the STATE, is empowered to charge foz the maintenance and upkeep of the MAFIN system under Minnesota Statutes, 299C; and WHEREAS, the ('�ity of St. Pau1 Police De an rcment (hereinafter the MEMBER AGENCI�, is empowered to enter into joinY powers agreements pursuant to Minnesota Statutes, Section 471.59, Subdivision 10 (or agprogriate citation); and WAEREAS, the intent is to use the STATE'S Printrak Orion M1B and Printrak 2000 AFIS technology, subject to the processing limitations inherent in the system, to estabiish a Midwest AFIS Network (herein referred to as MAFIN) for ihe purposes of creating a high quality regional computerized centrat repasitory of fingerprint images for the law enforcement communiry in the State of Minnesota in support of criminai investigation efforts and to assist in the positive identification of criniinals: and WHEREAS, the MEMBER AGENCY is an accredited ppiice agency within the state; and WHEREAS, the MEMBER AGENCY is qualified and willing to perform the duties and tasks outllned in this contract; NOW, THEREFQRE, it is agreed: I. DIITIE OF TH STATF. The STATE agrees to provide the following: A. The STATE shall house the system hardware and pay all costs associated therewith to the maintenance service provider. B. The STATE will enter into a contract wiffi the maintenance service provider (presently Printrak Intemational, Inc.) to provide system hardwaze and software maintenance. C. The STATE will accept addational Member Agencies as Member Agencies sign Joint Powers Agreemenu. As new Member Agencies are added to the 1vIAFIN, the proponional costs of the maintenance provided by the existing Member Agency will be adjusied according by the Superintendent of the Bureau of Criminai Apprehension and shail be based upon the recomznendation of the MAFTN BOARD. SPA -SC Pau3 ��.s� 1 ��.5`� A MAFIN BOARD consisting of one empioyee from each Member Agency and one employee from the STATE shali be created for the proposes of advising tne Sugerintendent of the Bureau of Criminal Agprehension regarding policies and procedures for operating the MAFIN system in an e�cient manner. D. The Printrak Orion or Printrak 2000 AFTS technology acquired by the STATE, acting in ihe capacity as the "Host Site" wili function as the hub of a statelregion wide AFIS nenvork using the STATE'S AFIS database as a state cen[ralized computer repository for 1:1 ratio fingerprint data and black-ridge images. B. The MAFIN system will be available to the "on-line" MEMBER AGENCY 24 hours per day, 7 days per week with the exception of "down-tune" for system maintenance, database back-up, upgrades and with the exception of "down-time" due to unforeseen hardware and/or sofiware related failures. F. Tenprint cards received from remoie "on-line" sites, possessing only latent workstation capabilities, will be input at the centtal site. All minutiae and quality control editing will be performed prior to search and disposition by the central site. G. The MAFIN system will provide for a"high priority" categary of search requests against the MAFIN database to ensure that fmgerprints relating to important investigations receive immediate input for processing. H. The STATE will support, upon advance notice in writing of at least 90 days, the transfer or download from the MAFIN database to magnetic or ogticai disk media, of fingerprint data and related images belonging to each Member Agency, at a mutuaily beneficial [ime, providing there is no cost to the STATE and the AFIS processing needs of MAPIN Member Agencies is maintained at an acceptable level during the time required to transfer or down-load the da[a, I. As the technology becomes viable and the funding becomes avai]able, it is the intention of the STATE to upgrade the hardware and software of the Printrak Orion AFIS system in order to increase system accuracy, throughput and retiability. 3. As the technology becomes acceptable and the funding becomes available, it is the intention of the STATE to be able to process fmgerprints, nsing AFIS technology on-line, to establish a positive identification while a person 3s heing fmgerprinted and prior to being released from custody. K. It is recognizect that the ability to process and transmit fingerprint data can be achieved more e�ciently using digitized data via electronic media, and the STATE wiil work with other Member Agencies toward achieving network exchange capabilities and adopting standards that meet the needs of the police agencies conceziaed. L. It is the intention of the STATE to foster the acceptance of electronically processed JPA -St. Paul Z fmgerprint data at ail levels of court in Minnesota. M. It is the intention of the STATE to seek continued improvemenu to AFIS technology and MAFIN procedures with special regard to accuracy, speed and reliability. N. The STATE shall create a MAFIN BOARD made up of Member Agencies which shall advise the Superintendent of the Bureau of Cruninal Apprehension on policy, system enhancements, technoloay upgrades and maintenance concerns which affecY ail Member Agencies. O. The STATE will support "filtered" search and storage processing that reflect the desired criteria of each submitting Member Agency including, but not lunited to, single/muitiple agency search. II. DUTIBS QF THE CITY OF T pATTi p0 I DFPARTMFP3TtM M R A N Y). The MEMBER AGENCY agrees to provide: A. It is a requirement of MAFIN membership that MEMBER AGENCY fingerprint data searched and/or stored using the MAFIN database be subject to the 'pattem' and 'minntiae' quality controi standards and interpretations used by the STATE. B. Information obtained as a result of system usage must be treated as co�dential and may be made available to other non-member accredited police agencies and law enforcement agencies where not prohibited by the STATE's or MEMBER AGENCY's legisiatian or the policles and procedures. C. MEMBER AGENCY'S personnei who wilI be sanctioned to perform remote MAFIN on-line access and processing must first receive training by the STATE relating to MAFIN system usage, at no cost to the STATE. D. MEMBER AGENCY may not assume the responsibility of searching and storing fingerprints obtained from other non-member police agencies using the MAFIN database without the permission of the STATE. E. MEMBER AGENCY will be responsibie for the storage and removal only of their fingezprint records on the MAFIN database and shali not mod'afy or delete fingerprint records belonging to other Member Agencies. The STATE reserves the right to unpiement MAFIN processing restrictions and retention schedules should the need arise due to processing requirements or legislation. F. MEMBER AGENCY may input fingerprint impressions developed at crune scenes for search and/or storage using the MAFIN system provided the impressions are submitted according to established FBI policy. G. In the absence of other pertinent fmgerprint data, i.e., fmgerQrint pattern, coretdelta location andJor digit determination, the MAFIN will support the search and storage of fmgerprints using minutiae only, and the STATE reserves the right to subject minutiae only processing to lower processing priorities as the size of the qg ,S�l JPA -St Pauf database and the number of users increase. H. MEMBER AGENCY that acquires Prinuak prion of Printrak 2000 AFIS equipment capable of tenprint processing will perform their own quality control providing it meets or exceeds the standards and inteipretations set by the STATE. I- MEMBER AGENCY will be required to perform a daiiy MAFIN format Operational Readiness Verification {ORV) test to monitor system e�ciency and accuracy, and ihe STATE reserves the right to visit MAFIN MEMBER AGENCY, with advance notice and at a mutually beneficial tune, for the purpose of ensuring proper MAFII3 system usage. J. All crime scene prints are to be input as black-ridge, i:i ratio impressions at remote sites and the search resulu are retumed to remote sites for verification and disposition. K. MEMBER AGENCY will, on a monthly schedule, advise the STATE when a fingezprint identification has been achieved as a result of MAFIN technology in ozder that a centralized statistical data record be maintained at the MAFIN cenual site available to all Member Agencies — where not prohibited hy legislation, MAFIN policy, MEMBER AGENCY policy or the STATE. L. A11 fingerprint data and related image stored on the MAFIN system and a1T related infozmation derived must be treated as confidentiai information and protected accordingly, and the data informat3on wili be shared, where not prohibited by legislation or policy, among all ivlember Agencies for the purpose of supporting the investigation of cruninai activities and establishing cruninal identifications. M. Fingerprinis may be searched and/or stored using the MAFIN databases, on a Iuniced basis, for other accredited law enforcement agencies by MEMBER AGENCY only with the permission of the STATE, and the results released in the interest of justice where not prohihited by legislation or policy. N. MEMBER AGENCY wiil connect tluough the MNet trunk lines to the A.FIS System. � ��. • ': Iu A. AII Member Agencies and the STATE realize that individual workstations should be supported and paid for by the individual Member Agencies that use the individual workstations. At this time some Member Agencies aze paying for these individual workstations separately from this agreement and some other Member Agencies are paying forthese individual workstarions under the general mainte- nance cosu included in this agreement. Therefore, it is now agreed by ali Member Agencies and the STATE that the cost of the general maintenance of the mainframe, covered by this agreement, shall not include Member Agencies' individual workstations. Hence, the cost of Member Agencies' individual JPA -St. Paul �t��s`� n � ` workstations shall be subtracted from the general maintenance of ihe mainframe ��,5� cost covered by this agreement. And each Member Agency will be responsibte for direct payment for individual workstations to the maintenance service provider (presendy Printrak Internationat Inc.). At this time these individual workstation costs are assessed as $12,333.00 per input workstation, $5,000.00 per latent workstation and $5,000.00 per verification workstation. The remainder of the general maintenance of the mainframe shall be divided as follows below. B. Ail AFIS "out of state", "on-line" remote site MEMBER AGENCIFS shail provide for the MEMBER AGENCY'S portion of the maintenance cosCS towards the entire generai maintenance of the mainframe system. At this time the MEMBER AGENCY'S portion is based on a percentage figure developed from the MEMBER AGENCY'S total number of records divided by the total number of records in the database. This percentage will be adjusted yeariy on the state fiscai year uniess a large number of records are added fram either the STATE or the MEMBER AGENCIES. If such records are added the percentage of each "out of state", "on-line" remote site for ail Member Agencies shal] be adjusted accord- ingly. C. The STATE is presently and shall continue to pay 50 percent of the remaining balance of the totai costs for the maintenance of the central site mainframe. Member Agencies within Minnesota shall pay for the other 50 percent of the maintenance costs of the central site mainframe. Ail Member Agencies within Minnesota wili split the costs equally based on input sites paying one full share and latent sites paying one half st�are of the costs. Therefore, for example, if there are two latent sites and one inpnt site, the input site wouid pay one full share (50%), and each latent site would pay one haif share (25 %) each of the balance left after the STATE's share is deducted. As Member Agencies are added within the State of Minnesota the portion of the costs born by the Member Agencies within Minnesota will be divided equally among those Member Agencies. D. The STATE shall invoice the Member Agencies quarterly and in accordance with the Agreement for Maintenance Service, Section 8, which is hezeby incorporated by reference and titled E�ibit 1., and made a part of this agreement. Member Agencies shali make payment to the STATE wzthin 30 days of the date of the invo3ce. This payment shall be made payabie to the Minnesota Department of Public Safety. Payment must be remitted to: Bureau of Cruninal Apprehension CJIS Section Attention: Joan Reese, or her successor 1246 Universiry Avenue S[. Paui, Minnesota 55104 All costs sha11 include system software maintenance costs regardless of the desirable softwaze items selected, and ait materials and parts located at the central site mainframe. E. MEMBER AGENCIES possessing remote AFIS equipment wiII be responsSbie for ail cosE related to housing the remote hardware and software equipment, and JPA -S�. Paul 5 q Y.S� therefore further agrees to maintain their equipment in proper working order when accessing the MAFIN system. As the MBMBER AGENCY wili be purchasing equipment direcfly from the service provider, the MEMBER AGENCY will be responsible for all mainienance costs associated with that purchased eqnipment. F. Any upgrades to the existing MAFIN equipment and/or software within the MEMBER AGENCY'S individual workstations shall be included under this agreement, except when upgrades or additions increase ihe maintenance cost of the central site mainframe system, such purchase and(or increased maintenance cosis shall be che sole responsibility of ffie MEMBER AGENCY. IV. TERM OF ONTRArT This contract shall become effective on the date that the last signature is obtained by the STATE, pursuant to Minnesota Statute 16B.06, Subdivision 2. This conuact shall remain in effect for a period of sixry (60) months from the effective date, and shall supersede any and alI previous contracts between the partie� regarding the MAFTN system. V. CAN T T AT7(]N A. T'his contract may be canceled by the STATE or MEMBER AGENCY at any time, with or without cause, upon ninety (90) days' written notice to the other party. In the event che MEMBER AGENCY canceIs, the MEMBER AGENCY shall continue their por[ion of the maintenance costs for the central site for the balance of the state's fiscal year. In the event the STATB cancels, the MEMBER AGENCY shaii be entitled to reimbursement, determined on a pro rata basis, for monies already forwarded to the STATE. B. If MEMBER AGENCY does not compty to policies and procedures developed by the MAFIN BOARD, and the terms and conditions of this Agreement, ihis 7oint Powers Agreement znay be canceled by the STATE within 90 days and funds shall NOT be reimbursed to the MEMBER AGENCY. �- AUTHORi7F.l� A(;FNTC The STATE's Authorized Agent for the purposes of administration of this contract is �g �i eau of Criminat Auprehension's AFI Syetem Manager Neil iohn on or hic c c� ec�r in office • The MEMBER AGENCY's Authorized Agent for the purposes of administration of this contract is I. Jos ph Poiski or hiS Sti�rPC or in office Each authorized agent shall have final authority for acceptance of services of the other party and shall have responsibiliry to insure that all paymenu due to ihe other party are paid pursuant to the terms of this contract. VII. ASSIGNM NT. Neither the STATE nor the MEMBER AGENCY shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. VIlT. LIABFLITy, As permitted by law, MEMBER AGENCY agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims of causes of action JPA -St. Paul 0 arising from the performance of this contract by MEMBER AGBI3CY or MEMBER y AGENCY'S agents or employees. This clause shall noi be construed to bar legal remedies G�$ � the MEMBER AGENCY may have for the STATE's failure to fuifiil its obligations pursuant to this concract. IX. AMENDM ,NT . Any amendments to this conuact shall be in writing, and shail be executed by the same parties who executed the originai contract, or their successors in office. `� �� '�.: �� .i ■�' � ' �I �_ : • . � • . - A. The MEMBER AGENCY agrees to comply with the Minnesota Data Practices Act and ali State and Federal rules, regulations, and statutes as they apply to all data provided by the STATE in accordance with this contract and as they apply to all data created, gacttered, generaced or acquired in accordance with this contract. B. The MEMBER AGENCY shail retain ownership of all fingerprint records it creates or develops for use in the MAFIN database. Upon payment in full for the applicable materials, the STATE shail own all rights, including atl intellectual property rights, in all original materials, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modales, electronically or magneticaily recorded material, and other work in whatever fozm, (hereinafter MATERIAL,.S) developed or created by MEIviBER AGENCY, and its employees ind"avidually or jointly with others, or any subcontractor in the performance of its obligations under this contraet other than electronically or magnetically recorded fmgerprint records the MEMBER AGENCY created or developed. Said MATERIALS are assigned to the STATE and will become the exclusive property of the STATE and may not be copied or removed by MEMBER AGENCY, or its employees individually or jointly with others, or any subcontractor without express written permission of the STATE's authorized agent. All such MATERIALS, whether in paper, electronic or other form, which have been paid for by the STATE shall be remitted to the STATE by N[EMBER AGENCY upon compledon, tern�i.nation or canceilation of this contract. MEMBER AGEI�3CY, or its employees individually or jointly with others, or any subcontractor shall not use, willingiy allow, or cause to have such MATERIALS used for any purpose other than performance of MEMBER AGENCY's obligations under this contract without the prior written consent of the STATE's authorized agent. C. Upon payment in fuli for the applicable MATERIAI.S, all MATERIAI.S deveIoped or acquired during the perfotniance of this coniract aze and shall remain the sole property of the State of Minnesota. MEMBBR AGENCY also agrees, upon the request of the STATE, to execute ali papers and perform aIl other acts reasonably necessary to assist the STATE to obtain and register intetlectual property rights in such MATERIALS. Where applicabie, MATERIAI,S created by the MEMBER AGENCY, or its employees individually or joinfly with others, or any subcontractor for the STATE in performance of this contract shall be considered "works made for hire" as defined in the U.S. Copyright Act. JPA -St. Pau{ 7 �� -s'� D. MEMBER AGENCY, and its employees individvally or joirnly with others, or any subcontractor agrees notto assert any righis and notto establish any claim under any design, patent, or copyright laws with regard to any MATERIAI.S developed under this contract. For a period of five (5) years after finai payment under this contract, MEMBER AGENCY agrees to furnish and provide the STATE access to all MATERIALS retained by the MEMBER AGENCY and deemed by the STATE to be relevant to this contract. E. The STATE agrees that the MEMBER AGENCY's employees engaged in research or schoiarly pursuits shall bc permitted to use any report, study, coinputer software, data base, model, invenuon, ghatograph, negative, audio or video recarding, or other item oz document, in whatever form, created, generated or gathered as a resuit of this contract in pursuit of their scholarly activities and [o pubiish such material in scholariy or professionai journals, so long as any existing or future patent, license or copyright is not prejudiced thereby. XI. STATE A DITS. The books, records, documents, and accounting procedures and practices of the MEMBER AGEAFCY relevant to this contract shall be subject to examination by the 3TATE and the legisiative auditor. TN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. �rio�f �'o v-�iynQ.-�-�� t ,E�i� rv�e� �zns-� 9v'ee�t �e��5%735� APPROVED: ,, 1. MEMBER AGENCY(Ciry of St. Paul): Member Agency cenifies that the appropriate person(s} have racecured the ntrec[ on behalFof th�r Agency as required by applicable amc{e by-1aws, resotuti ns, ot or8inances. sy � � � ✓ Title Da[e Hy Title Date Disiribution: State Agency - Originaf Member Agency Deparvnent of A 51 State AuNorized enre� executed) conRact 2. STATE (Department o�lic Safery) By _ As t0 form and execution 3. ATTORNEY GENERAL: B Tide Date 4. C1 By Title Date ADMINIS'i'RATION: JPA -S[. Paul ��' EXHIBIT 1 Tiie cost of maintenance following expiratior_ of warranty shall be as provided below, including all system so£tware maintenance costs regardless of the desirable software items selected. Bassc Svstem- ,!� . . �YY Year 1 Ffter Warranty Year 2 After Warranty Year 3 After Warranty Year 4 After Warranty Year 5 After Warranty $121,337 $122,603 $123,933 $125,330 $126,79'7 Prices for maintenance services Year 6 through Year 10 after warranty sha12 be adjusted according to the rate of increase or decrease of the United States Consumer Price index. Maintenance prices for Years 1 through 10 after warranty include all materials and parts. ' ' Council File #_ �'q�� —��} Green Sheet �I811 0 R 1 G I N A L �SOLUTION CITX OF SAINT PAUL, MINNESOTA 1 � L Presented By: p G�i�— '; Referred To: Committee:Date: 1 RESOLVED, that the proper City Officials hereby authorize the City of Saint Paul Police 2 Depariment to enter into a joint powers agreement with the State of Minnesota, Department of Public 3 Safety, to share the cost of the maintenance and upkeep of the MAFIN (fingerprint) System. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2l 22 23 24 25 26 27 2& 29 30 31 32 33 � Yeas Nays Absent � Requested by Department oG : .;- " , POLICE DEPARTMENT TOTAL # OF SIGNATURE PAGES 12f30/97 NUMeERFOR NOUTING V � N° 518 �Y,S`� DEP�T RE � EN � SHEET CITYCOUNpL �NITIAVDATE 'GINATfOFiNE� O C1TV CIERK BUDGET DIRECTOR O FIN 8 MGT SEFVICES �IR. MA1'OR (OR ASSISTAN'n � (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTEO. Signatures required on the attached council resolution, authorizing the St. Paul Police Department to enter into a joint powers agreemenx with the State of Mumesota, to share the cost of the mamtenance and upkeep of the MAFIN (fingerprmt) System. RECOMMENDATONS: Approve (A) ur _ PLANNING COMMISSION _ CNIL SERVICE _ CIB CAAAMITfEE _ _ SSAFF _ _ DISTpICTCOURT _ SUPPOFTS WHICH COUNpL OBJECTNE� PERSONAL SEHYICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS: 7. Has this persoNfirm ever worked untler a contract for this Uepartment> YES NO 2. Has this perspn/firm ever been a city employee? YES NO 3. Does this person/firm possess a skill not normally possessed by any turrent ciry employee? YES NO Explaln ali yea answers on aeparate sheef end attaeh to green aheet MAFIN (Midwest Automated Fingerprint Idenrification Network) performs latent fmgerprint scanning, image encoding and reviews latent results for Minnesota, I�3orth and South Dakota. The BCA maintains the system and upgrades. This agreement represents St. Paul's fair share costs of using this system and continues an ongoing cooperative relationship since 197& � We wlll continue to be able to access the largest local pool of adulYs and selected juvenile's fingerprints for latent e�cacnination of evidence from crime scenes. This is the primary tool for offender identification in cases where the suspect is milcnown. None noted. �'i�lUdC� �°' �I€�'t (:F946��" JAN 14 15�� 1� � � JP� pFti� ������� The Police Department will lose the ability to identify suspects at crime scenes through the use of fmgerprint identification. Without automated assistance there is no practical method of manually sea�l� �m�arp�nt records. ��?� � 2 ��qa TOTAL AMOUNT OF TRANSACTION $ see copy of attached contract COST/REVENUE BUpGE7ED FUNDING SOURCE SY$�C OPMIIIIICSOYFI ACTWITY NUMBER n m �. � � � is�i'� 1 'LE ONE) VES NO FINANCIAL INFOqHSATiON' (EXPLpIN) STATE OF MINI�tESOTA JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT (hereinafter contract} shall be interpretefl pursuant to the laws of the State of Minnesota. WHEREAS, the Mirinesota Departm n nf A�hlir c f n Rnrr of Criminal ApprehP �;� (hereinafter the STATE}, is empowered to enter into joint powers agreements pnrsuant to Minnesota Statutes, Section 471.59, Subdivision 10 (or appropriate citation}; and WfiEREAS, the STATE, is empowered to charge foz the maintenance and upkeep of the MAFIN system under Minnesota Statutes, 299C; and WHEREAS, the ('�ity of St. Pau1 Police De an rcment (hereinafter the MEMBER AGENCI�, is empowered to enter into joinY powers agreements pursuant to Minnesota Statutes, Section 471.59, Subdivision 10 (or agprogriate citation); and WAEREAS, the intent is to use the STATE'S Printrak Orion M1B and Printrak 2000 AFIS technology, subject to the processing limitations inherent in the system, to estabiish a Midwest AFIS Network (herein referred to as MAFIN) for ihe purposes of creating a high quality regional computerized centrat repasitory of fingerprint images for the law enforcement communiry in the State of Minnesota in support of criminai investigation efforts and to assist in the positive identification of criniinals: and WHEREAS, the MEMBER AGENCY is an accredited ppiice agency within the state; and WHEREAS, the MEMBER AGENCY is qualified and willing to perform the duties and tasks outllned in this contract; NOW, THEREFQRE, it is agreed: I. DIITIE OF TH STATF. The STATE agrees to provide the following: A. The STATE shall house the system hardware and pay all costs associated therewith to the maintenance service provider. B. The STATE will enter into a contract wiffi the maintenance service provider (presently Printrak Intemational, Inc.) to provide system hardwaze and software maintenance. C. The STATE will accept addational Member Agencies as Member Agencies sign Joint Powers Agreemenu. As new Member Agencies are added to the 1vIAFIN, the proponional costs of the maintenance provided by the existing Member Agency will be adjusied according by the Superintendent of the Bureau of Criminai Apprehension and shail be based upon the recomznendation of the MAFTN BOARD. SPA -SC Pau3 ��.s� 1 ��.5`� A MAFIN BOARD consisting of one empioyee from each Member Agency and one employee from the STATE shali be created for the proposes of advising tne Sugerintendent of the Bureau of Criminal Agprehension regarding policies and procedures for operating the MAFIN system in an e�cient manner. D. The Printrak Orion or Printrak 2000 AFTS technology acquired by the STATE, acting in ihe capacity as the "Host Site" wili function as the hub of a statelregion wide AFIS nenvork using the STATE'S AFIS database as a state cen[ralized computer repository for 1:1 ratio fingerprint data and black-ridge images. B. The MAFIN system will be available to the "on-line" MEMBER AGENCY 24 hours per day, 7 days per week with the exception of "down-tune" for system maintenance, database back-up, upgrades and with the exception of "down-time" due to unforeseen hardware and/or sofiware related failures. F. Tenprint cards received from remoie "on-line" sites, possessing only latent workstation capabilities, will be input at the centtal site. All minutiae and quality control editing will be performed prior to search and disposition by the central site. G. The MAFIN system will provide for a"high priority" categary of search requests against the MAFIN database to ensure that fmgerprints relating to important investigations receive immediate input for processing. H. The STATE will support, upon advance notice in writing of at least 90 days, the transfer or download from the MAFIN database to magnetic or ogticai disk media, of fingerprint data and related images belonging to each Member Agency, at a mutuaily beneficial [ime, providing there is no cost to the STATE and the AFIS processing needs of MAPIN Member Agencies is maintained at an acceptable level during the time required to transfer or down-load the da[a, I. As the technology becomes viable and the funding becomes avai]able, it is the intention of the STATE to upgrade the hardware and software of the Printrak Orion AFIS system in order to increase system accuracy, throughput and retiability. 3. As the technology becomes acceptable and the funding becomes available, it is the intention of the STATE to be able to process fmgerprints, nsing AFIS technology on-line, to establish a positive identification while a person 3s heing fmgerprinted and prior to being released from custody. K. It is recognizect that the ability to process and transmit fingerprint data can be achieved more e�ciently using digitized data via electronic media, and the STATE wiil work with other Member Agencies toward achieving network exchange capabilities and adopting standards that meet the needs of the police agencies conceziaed. L. It is the intention of the STATE to foster the acceptance of electronically processed JPA -St. Paul Z fmgerprint data at ail levels of court in Minnesota. M. It is the intention of the STATE to seek continued improvemenu to AFIS technology and MAFIN procedures with special regard to accuracy, speed and reliability. N. The STATE shall create a MAFIN BOARD made up of Member Agencies which shall advise the Superintendent of the Bureau of Cruninal Apprehension on policy, system enhancements, technoloay upgrades and maintenance concerns which affecY ail Member Agencies. O. The STATE will support "filtered" search and storage processing that reflect the desired criteria of each submitting Member Agency including, but not lunited to, single/muitiple agency search. II. DUTIBS QF THE CITY OF T pATTi p0 I DFPARTMFP3TtM M R A N Y). The MEMBER AGENCY agrees to provide: A. It is a requirement of MAFIN membership that MEMBER AGENCY fingerprint data searched and/or stored using the MAFIN database be subject to the 'pattem' and 'minntiae' quality controi standards and interpretations used by the STATE. B. Information obtained as a result of system usage must be treated as co�dential and may be made available to other non-member accredited police agencies and law enforcement agencies where not prohibited by the STATE's or MEMBER AGENCY's legisiatian or the policles and procedures. C. MEMBER AGENCY'S personnei who wilI be sanctioned to perform remote MAFIN on-line access and processing must first receive training by the STATE relating to MAFIN system usage, at no cost to the STATE. D. MEMBER AGENCY may not assume the responsibility of searching and storing fingerprints obtained from other non-member police agencies using the MAFIN database without the permission of the STATE. E. MEMBER AGENCY will be responsibie for the storage and removal only of their fingezprint records on the MAFIN database and shali not mod'afy or delete fingerprint records belonging to other Member Agencies. The STATE reserves the right to unpiement MAFIN processing restrictions and retention schedules should the need arise due to processing requirements or legislation. F. MEMBER AGENCY may input fingerprint impressions developed at crune scenes for search and/or storage using the MAFIN system provided the impressions are submitted according to established FBI policy. G. In the absence of other pertinent fmgerprint data, i.e., fmgerQrint pattern, coretdelta location andJor digit determination, the MAFIN will support the search and storage of fmgerprints using minutiae only, and the STATE reserves the right to subject minutiae only processing to lower processing priorities as the size of the qg ,S�l JPA -St Pauf database and the number of users increase. H. MEMBER AGENCY that acquires Prinuak prion of Printrak 2000 AFIS equipment capable of tenprint processing will perform their own quality control providing it meets or exceeds the standards and inteipretations set by the STATE. I- MEMBER AGENCY will be required to perform a daiiy MAFIN format Operational Readiness Verification {ORV) test to monitor system e�ciency and accuracy, and ihe STATE reserves the right to visit MAFIN MEMBER AGENCY, with advance notice and at a mutually beneficial tune, for the purpose of ensuring proper MAFII3 system usage. J. All crime scene prints are to be input as black-ridge, i:i ratio impressions at remote sites and the search resulu are retumed to remote sites for verification and disposition. K. MEMBER AGENCY will, on a monthly schedule, advise the STATE when a fingezprint identification has been achieved as a result of MAFIN technology in ozder that a centralized statistical data record be maintained at the MAFIN cenual site available to all Member Agencies — where not prohibited hy legislation, MAFIN policy, MEMBER AGENCY policy or the STATE. L. A11 fingerprint data and related image stored on the MAFIN system and a1T related infozmation derived must be treated as confidentiai information and protected accordingly, and the data informat3on wili be shared, where not prohibited by legislation or policy, among all ivlember Agencies for the purpose of supporting the investigation of cruninai activities and establishing cruninal identifications. M. Fingerprinis may be searched and/or stored using the MAFIN databases, on a Iuniced basis, for other accredited law enforcement agencies by MEMBER AGENCY only with the permission of the STATE, and the results released in the interest of justice where not prohihited by legislation or policy. N. MEMBER AGENCY wiil connect tluough the MNet trunk lines to the A.FIS System. � ��. • ': Iu A. AII Member Agencies and the STATE realize that individual workstations should be supported and paid for by the individual Member Agencies that use the individual workstations. At this time some Member Agencies aze paying for these individual workstations separately from this agreement and some other Member Agencies are paying forthese individual workstarions under the general mainte- nance cosu included in this agreement. Therefore, it is now agreed by ali Member Agencies and the STATE that the cost of the general maintenance of the mainframe, covered by this agreement, shall not include Member Agencies' individual workstations. Hence, the cost of Member Agencies' individual JPA -St. Paul �t��s`� n � ` workstations shall be subtracted from the general maintenance of ihe mainframe ��,5� cost covered by this agreement. And each Member Agency will be responsibte for direct payment for individual workstations to the maintenance service provider (presendy Printrak Internationat Inc.). At this time these individual workstation costs are assessed as $12,333.00 per input workstation, $5,000.00 per latent workstation and $5,000.00 per verification workstation. The remainder of the general maintenance of the mainframe shall be divided as follows below. B. Ail AFIS "out of state", "on-line" remote site MEMBER AGENCIFS shail provide for the MEMBER AGENCY'S portion of the maintenance cosCS towards the entire generai maintenance of the mainframe system. At this time the MEMBER AGENCY'S portion is based on a percentage figure developed from the MEMBER AGENCY'S total number of records divided by the total number of records in the database. This percentage will be adjusted yeariy on the state fiscai year uniess a large number of records are added fram either the STATE or the MEMBER AGENCIES. If such records are added the percentage of each "out of state", "on-line" remote site for ail Member Agencies shal] be adjusted accord- ingly. C. The STATE is presently and shall continue to pay 50 percent of the remaining balance of the totai costs for the maintenance of the central site mainframe. Member Agencies within Minnesota shall pay for the other 50 percent of the maintenance costs of the central site mainframe. Ail Member Agencies within Minnesota wili split the costs equally based on input sites paying one full share and latent sites paying one half st�are of the costs. Therefore, for example, if there are two latent sites and one inpnt site, the input site wouid pay one full share (50%), and each latent site would pay one haif share (25 %) each of the balance left after the STATE's share is deducted. As Member Agencies are added within the State of Minnesota the portion of the costs born by the Member Agencies within Minnesota will be divided equally among those Member Agencies. D. The STATE shall invoice the Member Agencies quarterly and in accordance with the Agreement for Maintenance Service, Section 8, which is hezeby incorporated by reference and titled E�ibit 1., and made a part of this agreement. Member Agencies shali make payment to the STATE wzthin 30 days of the date of the invo3ce. This payment shall be made payabie to the Minnesota Department of Public Safety. Payment must be remitted to: Bureau of Cruninal Apprehension CJIS Section Attention: Joan Reese, or her successor 1246 Universiry Avenue S[. Paui, Minnesota 55104 All costs sha11 include system software maintenance costs regardless of the desirable softwaze items selected, and ait materials and parts located at the central site mainframe. E. MEMBER AGENCIES possessing remote AFIS equipment wiII be responsSbie for ail cosE related to housing the remote hardware and software equipment, and JPA -S�. Paul 5 q Y.S� therefore further agrees to maintain their equipment in proper working order when accessing the MAFIN system. As the MBMBER AGENCY wili be purchasing equipment direcfly from the service provider, the MEMBER AGENCY will be responsible for all mainienance costs associated with that purchased eqnipment. F. Any upgrades to the existing MAFIN equipment and/or software within the MEMBER AGENCY'S individual workstations shall be included under this agreement, except when upgrades or additions increase ihe maintenance cost of the central site mainframe system, such purchase and(or increased maintenance cosis shall be che sole responsibility of ffie MEMBER AGENCY. IV. TERM OF ONTRArT This contract shall become effective on the date that the last signature is obtained by the STATE, pursuant to Minnesota Statute 16B.06, Subdivision 2. This conuact shall remain in effect for a period of sixry (60) months from the effective date, and shall supersede any and alI previous contracts between the partie� regarding the MAFTN system. V. CAN T T AT7(]N A. T'his contract may be canceled by the STATE or MEMBER AGENCY at any time, with or without cause, upon ninety (90) days' written notice to the other party. In the event che MEMBER AGENCY canceIs, the MEMBER AGENCY shall continue their por[ion of the maintenance costs for the central site for the balance of the state's fiscal year. In the event the STATB cancels, the MEMBER AGENCY shaii be entitled to reimbursement, determined on a pro rata basis, for monies already forwarded to the STATE. B. If MEMBER AGENCY does not compty to policies and procedures developed by the MAFIN BOARD, and the terms and conditions of this Agreement, ihis 7oint Powers Agreement znay be canceled by the STATE within 90 days and funds shall NOT be reimbursed to the MEMBER AGENCY. �- AUTHORi7F.l� A(;FNTC The STATE's Authorized Agent for the purposes of administration of this contract is �g �i eau of Criminat Auprehension's AFI Syetem Manager Neil iohn on or hic c c� ec�r in office • The MEMBER AGENCY's Authorized Agent for the purposes of administration of this contract is I. Jos ph Poiski or hiS Sti�rPC or in office Each authorized agent shall have final authority for acceptance of services of the other party and shall have responsibiliry to insure that all paymenu due to ihe other party are paid pursuant to the terms of this contract. VII. ASSIGNM NT. Neither the STATE nor the MEMBER AGENCY shall assign or transfer any rights or obligations under this contract without the prior written approval of the other party. VIlT. LIABFLITy, As permitted by law, MEMBER AGENCY agrees to indemnify and save and hold the STATE, its agents and employees harmless from any and all claims of causes of action JPA -St. Paul 0 arising from the performance of this contract by MEMBER AGBI3CY or MEMBER y AGENCY'S agents or employees. This clause shall noi be construed to bar legal remedies G�$ � the MEMBER AGENCY may have for the STATE's failure to fuifiil its obligations pursuant to this concract. IX. AMENDM ,NT . Any amendments to this conuact shall be in writing, and shail be executed by the same parties who executed the originai contract, or their successors in office. `� �� '�.: �� .i ■�' � ' �I �_ : • . � • . - A. The MEMBER AGENCY agrees to comply with the Minnesota Data Practices Act and ali State and Federal rules, regulations, and statutes as they apply to all data provided by the STATE in accordance with this contract and as they apply to all data created, gacttered, generaced or acquired in accordance with this contract. B. The MEMBER AGENCY shail retain ownership of all fingerprint records it creates or develops for use in the MAFIN database. Upon payment in full for the applicable materials, the STATE shail own all rights, including atl intellectual property rights, in all original materials, including any inventions, reports, studies, designs, drawings, specifications, notes, documents, software and documentation, computer based training modales, electronically or magneticaily recorded material, and other work in whatever fozm, (hereinafter MATERIAL,.S) developed or created by MEIviBER AGENCY, and its employees ind"avidually or jointly with others, or any subcontractor in the performance of its obligations under this contraet other than electronically or magnetically recorded fmgerprint records the MEMBER AGENCY created or developed. Said MATERIALS are assigned to the STATE and will become the exclusive property of the STATE and may not be copied or removed by MEMBER AGENCY, or its employees individually or jointly with others, or any subcontractor without express written permission of the STATE's authorized agent. All such MATERIALS, whether in paper, electronic or other form, which have been paid for by the STATE shall be remitted to the STATE by N[EMBER AGENCY upon compledon, tern�i.nation or canceilation of this contract. MEMBER AGEI�3CY, or its employees individually or jointly with others, or any subcontractor shall not use, willingiy allow, or cause to have such MATERIALS used for any purpose other than performance of MEMBER AGENCY's obligations under this contract without the prior written consent of the STATE's authorized agent. C. Upon payment in fuli for the applicable MATERIAI.S, all MATERIAI.S deveIoped or acquired during the perfotniance of this coniract aze and shall remain the sole property of the State of Minnesota. MEMBBR AGENCY also agrees, upon the request of the STATE, to execute ali papers and perform aIl other acts reasonably necessary to assist the STATE to obtain and register intetlectual property rights in such MATERIALS. Where applicabie, MATERIAI,S created by the MEMBER AGENCY, or its employees individually or joinfly with others, or any subcontractor for the STATE in performance of this contract shall be considered "works made for hire" as defined in the U.S. Copyright Act. JPA -St. Pau{ 7 �� -s'� D. MEMBER AGENCY, and its employees individvally or joirnly with others, or any subcontractor agrees notto assert any righis and notto establish any claim under any design, patent, or copyright laws with regard to any MATERIAI.S developed under this contract. For a period of five (5) years after finai payment under this contract, MEMBER AGENCY agrees to furnish and provide the STATE access to all MATERIALS retained by the MEMBER AGENCY and deemed by the STATE to be relevant to this contract. E. The STATE agrees that the MEMBER AGENCY's employees engaged in research or schoiarly pursuits shall bc permitted to use any report, study, coinputer software, data base, model, invenuon, ghatograph, negative, audio or video recarding, or other item oz document, in whatever form, created, generated or gathered as a resuit of this contract in pursuit of their scholarly activities and [o pubiish such material in scholariy or professionai journals, so long as any existing or future patent, license or copyright is not prejudiced thereby. XI. STATE A DITS. The books, records, documents, and accounting procedures and practices of the MEMBER AGEAFCY relevant to this contract shall be subject to examination by the 3TATE and the legisiative auditor. TN WITNESS WHEREOF, the parties have caused this contract to be duly executed intending to be bound thereby. �rio�f �'o v-�iynQ.-�-�� t ,E�i� rv�e� �zns-� 9v'ee�t �e��5%735� APPROVED: ,, 1. MEMBER AGENCY(Ciry of St. Paul): Member Agency cenifies that the appropriate person(s} have racecured the ntrec[ on behalFof th�r Agency as required by applicable amc{e by-1aws, resotuti ns, ot or8inances. sy � � � ✓ Title Da[e Hy Title Date Disiribution: State Agency - Originaf Member Agency Deparvnent of A 51 State AuNorized enre� executed) conRact 2. STATE (Department o�lic Safery) By _ As t0 form and execution 3. ATTORNEY GENERAL: B Tide Date 4. C1 By Title Date ADMINIS'i'RATION: JPA -S[. Paul ��' EXHIBIT 1 Tiie cost of maintenance following expiratior_ of warranty shall be as provided below, including all system so£tware maintenance costs regardless of the desirable software items selected. Bassc Svstem- ,!� . . �YY Year 1 Ffter Warranty Year 2 After Warranty Year 3 After Warranty Year 4 After Warranty Year 5 After Warranty $121,337 $122,603 $123,933 $125,330 $126,79'7 Prices for maintenance services Year 6 through Year 10 after warranty sha12 be adjusted according to the rate of increase or decrease of the United States Consumer Price index. Maintenance prices for Years 1 through 10 after warranty include all materials and parts.