HomeMy WebLinkAbout20080602 - VI-07HASTINGS
POLICE DEPARTMENT
VI-7
MEMO
TO: Mayor Paul Hicks
Hastings City Council Members
FROM: Chief Mike McMenomy
DATE: May 27, 2008
SUBJECT: Consent Agenda Item -Dakota County CJIIN Yearly Agreement
Attached is the yearly agreement between the City of Hastings and Dakota County Criminal
Justice Information Integration Network (CJIIN) which this Department and City has been a
part of for the past several years.
The CJIIN Network allows sharing of in#ormation such as e-briefing, attempt to locates,
case file information and name file information between our Department and other Dakota
County Departments. The CJIIN agreement will also be updated in the near future to
include their connection to the State of Minnesota Bureau of Criminal Apprehension
records, which will allow us information sharing on a statewide level. As previously
mentioned this agreement is just an updated agreement that the City of Hastings has
signed previously and been a part of CJIIN for the past several years.
If you have any questions regarding this consent agenda item please do not hesitate to
contac# me. Thank you.
Criminal Justice System Services Agreement
between
Dakota County
(Criminal Justice Information Integration Network)
and
(Dakota County Agency)
THIS CRIMINAL JUSTICE SYSTEM SERVICES AGREEMENT (this "Agreement") is made and
entered into by and between the County of Dakota, Minnesota, through its Criminal Justice
Information Integration Network program ("CJIINn), and the City of Hastinc~~ ,
Minnesota, acting through its authorized representatives ("City"). Dakota County/CJIIN and the
City are each sometimes referred to herein as a "Party" and collectively as the "Parties."
The Parties enter into this Agreement pursuant to their authority under Minn. Stat. §471.59 to
provide assistance to, and act in coordination with, other political subdivisions within the state of
Minnesota as deemed necessary to benefit the public
1. Definitions.
(a) "System Software" means CJIIN's proprietary computer software program(s) set forth
in Attachment A (the "System Overview"), in object code form only, including a!1 Updates.
(b) "CJIIN System° means the Internet site operated by Dakota CountyJCJIIN,
accessible by the City through secure access points, with a specific Uniform Resource Locator
to be provided to the City (or any successor URL).
(c) "City Data" means the data that the City's Permitted Users enter into the CJIIN
System.
(d) "Equipment" means the minimum required hardware and operating environment
used by the City to access the CJilN System as detailed in Attachment E ("Hardware
Requiremen#s).
(e) "Documentation" means any CJIIN user manuals, training or education materials,
technical manuals, and specifications describing the System Software and Services created by
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CJIIN, and any Provider Content provided to the City, in printed and/or electronic form, including
all Updates.
(f) "Permitted Uses" means the City's employees and agents who are provided access
to the System Software in accordance with the procedures in Section 10 of this Agreement.
(g) "Provider Content" means CJIIN's reports, information, and data other than City Data
made available to the City and its Permitted Users as part of the Services.
(h) "Renewal Term" has the meaning set forth in Section 16.
(i) "Services" means operating the System Software and utilities in CJIIN's host
computer system, providing Provider Content to the City, storing City Data, and making the
System Software, Provider Content, and City Data available to Permitted Users via the CJIIN
System, as more fully described in Attachment A. Services do not include integrating the
CJIIN System or City Data with any application or computer system outside the CJIIN
Applications.
(j) "Update" means, as applicable, any update, modification, or new release of the
System Software, Documentation, or Provider Content that CJIIN makes generally available to
the City at no additional cost.
2 Provision of On-line Services.
{a) The City hereby engages CJIIN, and CJIIN hereby agrees (subject to the terms and
conditions herein) to provide the Services more fully described in this Agreement and in the
system overview at#ached hereto as Attachment A (the "System Overview"). CJIIN agrees to
provide the Services to the City in accordance with the terms of this Agreement and grants to
the City anon-exclusive, non-assignable and non-transferable license during the Initial Term
and Renewal Terms to enter City Data into the CJ11N System and access and use the System
Software and Provider Content, only by Permitted Users, in accordance with all of the terms and
conditions in this Agreement.
(b) The City acknowledges and agrees that CJI1N's provision and performance of the Services
is dependent and conditioned upon the City's full performance of its duties, obligations and
responsibilities hereunder. CJIIN acknowledges and agrees that the Ci#y's payment for the
Services obligates CJIIN to perform its duties, obligations and responsibilities hereunder during
the term of this Agreement or a subsequent Renewal Term.
(c) Each party shall at all times during the term of this Agreement designate an individual to
serve as its CJ1iN services manager who shall be the primary point of contact regarding the
Services provided and the rights or obligations of each Party under this Agreement.
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3. Additional CJ11N Responsibilities.
During the Initial Term and any Renewal Terms of this Agreement, CJIIN shall be responsible
for the following:
(a) CJIIN shall provide all required hosting and operations support for the applications
described in the System Overview in a centralized facility.
(b) CJIIN may, from time to time, in its sole discretion install Updates, modify the Services or
any component #hereof provided tha# such Updates shall perform and contain functionality that
is equal #o or better then the current version of the Services. CJIIN will complete such
installations and modifications between the hours of 4 AM and 7 AM, when possible, to
minimize any impact on the City's use of the Sys#em Software and Services. CJIIN will notify
the City by standard methods of notification such as email, system generated messages on the
System home page or similar communication methods, in advance of the ins#aliation of an
Update or modification to the Services.
(c) CJIIN will provide support and system maintenance to the City as more fully described in
this Agreement and the System Overview.
(d) Excluding costs the City must pay CJIIN as determined by the CJIIN Steering Committee,
CJIIN shall provide, at no additional cost to the City, al! communications equipment, telephone
and communications lines, power, telephone service and other utilities at CJIIN's facilities up to
the point of connection to the State optic fiber at the Dakota County Administration Center in
Hastings, Minnesota, and to perform the Services and accomplish the purposes of this
Agreement.
(e) Excluding the costs the City must pay CJIIN as described in this Agreemen#, CJIIN shall
provide, at no additional cost to the City, the necessary personnel, facilities, hardware, software,
servers, routers and related equipment to meet CJIiN's responsibilities under this Agreement.
(f) CJIIN will main#ain industry standard security including password protection, firewall
protection, data encryption, continuous monitoring of CJIIN's system, and conduct regular
security audits. if CJIIN learns that any person has breached the security implemented for
CJIiN's system, or suspects #hat such security has been breached, CJIIN will promptly notify the
City and take corrective action to prevent such breaches.
(g) CJ11N shall have in place during the Initial Term or Renewal Term of this Agreement a
Business Continuity and Disaster Recovery Plan and will utilize industry standard back-up and
archival procedures.
(h) CJIIN will configure and maintain the system to provide reasonable system response time
for the City's Permitted Users, to the extent within the control of Dakota County/CJIIN.
(j) If requested, CJIIN will provide best practices advice to the City for implemen#ing the
Services at the City's business locations.
(k) CJIIN will provide training on the use of CJIIN's System for City staff as set forth in Section 9
of this Agreement.
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{I) CJIIN shat! be responsible for ensuring that its Services and the performance of CJIIN's
other obligations hereunder comply with all taws applicable to CJIIN, including the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13.
4. The City Responsibilities.
During the Initial Term and any Renewal Terms of this Agreement, the City shall be responsible
fior the following:
(a) The City shall provide, at no cost to CJIIN, all communications equipment, telephone and
communication lines, power, telephone service and other utilities at the City's facilities as may
be necessary or reasonably desirable to utilize the Services and accomplish the purposes of
this Agreement.
(b) The City shall be responsible for providing, at no cost to CJIIN, the necessary personnel and
facilities to meet the City's obligations hereunder.
(c) The City shall follow those identity management procedures and provide those first-line
support, maintenance and other services more fully described in this Agreement and the
System Overview and such other procedures and services as the Parties may establish from
time to time.
(d) CJIIN's logos may appear on the pages of the City's web site or the City's internal criminal
justice applications screens.
{e) The City shall be responsible for ensuring that the City's use of the Services and the
performance of the City's other obligations hereunder comply with this Agreement and all laws
applicable to the City.
(f) As between the Parties, the City shall be responsible for the accuracy and completeness of
all records and data provided by the City in connection with this Agreemen# for use on CJIIN's
System.
(g) When accessing or using the CJIIN System, comply with the Minnesota Government Data
Practices Act and other applicable data practices or privacy laws.
5. System Features and Configuration.
The City acknowledges and agrees that it will be using criminal justice applications that are also
utilized by other criminal justice agencies in Dakota County and elsewhere in Minnesota. The
capabilities and functions of the System Software now and in the future will be determined
primarily by direction from the CJIIN Steering Committee and available funding. When settings
or features have been added to the System Software that are designed by CJIIN to be
configurable for specific users of the System, the Parties shall work cooperatively to identify
System features or functionality (common practices, processes, and procedures conducted by
the City in day-to-day operations as they relate to utilizing the System Software and Provider
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Content) that are configurable to best fit the City's business practices. CJIIN shall set available
configurations in the System Software for the City, or shall train designated City staff how to
configure the Services and System Software.
6. Ownership, Protection and Securi
(a) The City acknowledges and agrees that nothing in this Agreement or any other agreement
grants the City any licenses or other rights with respect to CJIIN's Software System (source
code or object code) or Services other than the right to receive Services as expressly provided
herein. CJIIN shall retain all ownership in the intellectual property and all other proprietary
rights and interests associated with CJIIN's Software System and Services and all components
thereof and associated documentation, except as expressly provided herein.
(b) Ownership of any data, text, graphics or other information or content materials and all
records and databases supplied or furnished or entered into the System by the City hereunder
for incorporation into or delivery through the application(s) described in the System Overview
shall remain with the City, and CJIIN shall cease use of all such material upon termination of
this Agreement. Upon termination of this Agreement CJIIN shall return ail City Data, text,
graphics or other information to the City.
(c) CJ11N grants to the City a limited license during the term of this Agreement to use and
reproduce CJIIN's trademarks and logos for purposes of including such trademarks and logos in
City materials and links solely as permitted hereunder. All uses of such trademarks and logos
shall conform to the City's standard guidelines and requirements for use of such trademarks and
logos.
(d) By storing City Data on CJIIN's equipment and System, CJIIN does not obtain any
ownership interest in the City Data except to the extent that CJ11N is obligated to keep said data
intact and secure and to regularly backup the data for redundancy and disaster recovery
purposes. As between the Ci#y and CJIIN, City Data is and shall remain the sole and exclusive
property of the City, including all applicable rights to copyrights, trademarks or other proprietary
or intellectual property rights thereto.
{e) The City shall be responsible for responding to any data practices requests related to any
City Data the City or its Permitted Users have entered into the System.
7. Implementation.
If the City did not have access to the CJIIN System prior to execution of this Agreement, within
Fourteen (14) days after the Parties execute this Agreement, CJIIN and the City shall complete
a mutually agreed-upon implemen#ation plan that includes an access/installation schedule and
an access training and testing schedule.
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8. Acceptance Testing.
If the City did not have access to the CJ11N System prior to execution of this Agreement, the City
shall have thirty (30) days in which to test the System Software and Services in a live production
environment to ensure that they conform to the Documentation and descriptions in this
Agreement. The System Software and the Services are deemed rejected by the City if The City
submits a written notice of rejection to CJIIN, prior to the expiration of the thirty (30) day testing
period. Upon such notice, CJIIN shall have thirty {30) days to correct the System Software
and/or Services at no cost to the City. In the event CJIIN is unable to make such corrections
within such thirty (30) day period, the City may terminate this Agreement and CJIIN shall
promptly refund to the City all amounts paid by the City under this Agreement. in the event the
City fails to submit a notice of rejec#ion within the required period or if CJIIN makes all
corrections within the applicable cure period, the City will be deemed to have accepted the
System Software and Services {"Acceptance°)_
9. Support; Training.
CJIIN shall provide the City and its Permitted Users with technical support and training
regarding the use of the Services. The technical support shall include: (i) unlimited telephone,
facsimile and a-mail "hot-line° support during CJI1N's business hours, and (ii) other support set
forth in Attachment B. If the City did not have access to the CJIIN System prior to execution of
this Agreement, CJIIN shall provide user and administrator training to employees of the City on
the use of the Services of up to two sessions of not more #han two hours each_ Any training
beyond the fours total hours of free training will be billed to the City at the rates in Attachment
C. The training will occur at the City's facilities and be of sufficient de#ail fora "train the trainer°
model of instruction. CJ11N will provide the City with any training materials and documentation it
has created for this purpose for use by Permitted Users and the City's internal trainers.
10. Identity Management Responsibilities.
(a) User Access Restrictions
The Parties acknowledge and agree that access to the System Software and Services will be
restricted to those employees or agents of the City having a business need to enter and view
City Data or Provider Content. The City will restrict access to the System to Permitted Users
with verified identities that have created a digital identity on the CJ11N System using the
procedures in this Section 10 and Attachment D to this Agreement.
(b) Request for Access
The City commences the identify authentica#ion process by completing a Request for CJIIN
System Access Form and a Agency Identification Form and transmitting both to the Dakota
County Attorney's Office (provided by the County). The City will use the Request for Access
Form and Agency Identification Form attached to this Agreement or an amended form. The City
official or employee signing this Agreement cannot be the same person signing the Request for
Access Form.
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The Request for Access Form and the Agency Identification Form must be signed by two city
employees; the person initiating the request for access and another person approving the
request for access.
The City may authorize one or more persons to initiate the Request for Access Form and one or
more persons to approve the Request for Access Form. These authorized persons can be
identified by name or by position ti#le. The City shall notify CJIIN and the Dakota County
Attorney's Office of the authorized persons and the City shall provide notification of any changes
to the list of authorized persons. A Request for Access Form must be resubmitted to CJIIN and
the Dakota County Attorney's Office at the commencement of each renewal Term of this
Services Agreement.
(c) Permitted Users Digital Identities
The City shall identify each employee or agent who will have access to the CJ11N Software
System or Services by providing user profile data on each person on the Agency Identification
Form. The Dakota County Attorney's Office will verify the identity of the persons signing the
Request for Access Form and the permitted users listed on the Agency Identification Form. The
County Attorney's Office will no#ify the CJIIN program staff and the City of the results of the
identi#ication verification process. If the Request for Access Form is properly executed, the
CJIIN program will notify Verified Permitted Users of the procedures for creating a unique digital
identity on the CJIIN system. After completing the digital identity process each permitted user
shall be the owner of his or her own digital identity on the System consisting of a user name and
password.
The City shall promptly notify the CJIIN program whenever a Permitted User ceases to be an
employee or agent of the City or no longer has a position that requires access to the System.
Authorization to access #o the System by all City Permitted Users will expire on the date this
Services Agreement terminates.
11. CJIIN Representations and Warranties.
(a) Dakota County/CJIIN sha11 cause the Services to be accessible to the City, except for
scheduled maintenance and required repairs, and except for any interruption due to causes
beyond the reasonable control of Dakota County/CJIIN including, but not limited to, any Force
Majeure Event (as defined in Section 19).
(b) Dakota County/CJIIN warrants that the System Software, Provider Content, and Services will
conform in ail material respects to the specifications, functions, descriptions, standards, and
criteria set forth in this Agreement, its Schedules and attachments, and the applicable
specifications and Documentation, not including any post-Acceptance modifications or
alterations to the Documentation which represent a material diminishment of the functionali#y of
the System Software, Service, or Provider Content; when used on the Equipment in accordance
with the Documentation and all of the terms and conditions hereof.
(c) The System Software and Services are compatible with and will operate successfully on the
Equipment and will use reasonable efforts to make the System Software and Services function
properly with Internet browsers approved by CJIIN.
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{d) In the event that the City discovers anon-conformance with any of Dakota County/CJIIN's
warranties or representations as stated in this Agreement, the City shall promptly inform CJIIN
of such fact in writing, and, upon receipt of such notice Dakota County/CJIIN shall correct the
non-conformity within a reasonable period of time not to exceed thirty (30) days without any
additional charge to the City.
(e) THE SERVICE LEVEL WARRANTY SET FORTH HEREIN SHALL ONLY APPLY TO THE
SYSTEM PROVIDED BY DAKOTA COUNTY/CJIIN AND DOES NOT APPLY TO (A) ANY
PROFESSIONAL SERVICES; {B) ANY SUPPLEMENTAL SERVICES; (C) ANY SERVICE(S)
THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL WARRANTY (AS STATED IN THE
SYSTEM OVERVIEW FOR SUCH SERVICES). THIS SECTION STATES THE CITY'S SOLE
AND EXCLUSIVE REMEDY FOR ANY FAILURE BY DAKOTA COUNTY/CJIIN TO PROVIDE
SERVICE(S).
(f) Ownership of Services and System Software. Dakota County/CJIIN warrants that it is the
sole owner or otherwise has the right and authority to provide the System Software, Provider
Content and Services to the City and Permi#ted Users as set forth in this Agreement. If Dakota
County/CJIIN's ownership rights are successfully challenged to the extent that the City must
cease using the Services, CJIIN shall refund a prorated portion of the annual fees paid by the
City for the current term of this Agreement as measured from the date the City must cease
using the Services.
(g) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS
AGREEMENT, THE SERVICES ARE PROVIDED ON AN "AS IS° BASIS, AND THE CITY'S
USE OF THE SERVICES IS AT ITS OWN RISK. DAKOTA COUNTY/CJIIN DOES NOT MAKE,
AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED
WARRANTIES, 1NCLUDiNG, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY
WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
CJIIN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-
FREE, OR COMPLETELY SECURE.
(h) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. DAKOTA
COUNTY/CJIIN DOES NOT AND CANNOT CONTROL THE FLOW OF DATA BETWEEN THE
POINT THAT THE CJIIN SYSTEM CONNECTS TO THE INTERNET (WHETHER SECURE OR
NOT) AND THE CITY'S FACILITIES AND EQUIPMENT. SUCH FLOW DEPENDS 1N LARGE
PART ON THE PERFORMANCE OF THE INTERNET SERVICES PROVIDED OR
CONTROLLED BY THIRD PARTIES. ACTIONS OR INACTIONS OF SUCH THIRD PARTIES
CAN IMPAIR OR DISRUPT THE CITY'S CONNECTIONS TO CJIIN'S SYSTEM. ALTHOUGH
CJ11N WILL USE REASONABLE EFFORTS iT DEEMS APPROPRIATE TO REMEDY AND
AVOID SUCH EVENTS, CJIIN CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT
OCCUR. ACCORDINGLY, DAKOTA COUNTY/CJIIN DISCLAIMS ANY AND ALL LIABILITY
RESULTING FROM OR RELATED TO SUCH EVENTS.
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12. Nondisclosure.
Through exercise of each Party's rights under this Agreement, each Party may be exposed to
the other party's technical and financial information and criminal justice data, in electronic,
magnetic, photographic and other forms that is confidential or private information ("Confidential
Information"). In recognition of the other Party's need to protect its legitimate business interests
and legal obligations, each party agrees that it shall regard and treat each item of information or
data constituting Confidential Information of the other Party as confidential or private and that,
except as required by law including the Minnesota Government Data Practices Act, it will not
redistribute or disclose to any other person, firm or entity, or use or modify for use, directly or
indirectly in any way for any person or entity any of the other Party's Confidential Information. if
Confidential Information is required by subpoena, court order or government requirement to be
disclosed, each Party shall give the other Party prompt written notice of such subpoena, court
order or government requirement to allow the other Party an opportunity to obtain a protective
order to prohibit or restrict such disclosure.
13. Data Security.
During the term of this Agreement, CJIIN shall, at a minimum, implement the following
procedures designed to protect the security of City Data:
(a) User identification and access controls designed to limit access to City Data and the
Ci#y's Confidential Information to Permitted Users;
(b) Industry standard firewalls regulating data entering CJI1N's internal data network
from an extemal source, which will enforce valid secure connections between internal and
external systems;
(c) CJIIN and Dakota County will maintain and follow a disaster recovery plan designed
#o maintain access to the System Software and Services and to prevent the unintended
destruction of City Data or the City Confidential Information;
(d) Regular CJIIN employee training regarding the security and da#a recovery programs
referenced in this Section.
14. Liability Limitations.
{a) OTHER THAN THOSE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT,
DAKOTA COUNTY/CJIIN DOES NOT MAKE ANY WARRANTIES TO THE CITY OR ANY
OTHER PERSON OR ENTITY, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER.
DAKOTA COUNTY/CJIIN SHALL NOT BE LIABLE TO THE CITY OR TO ANY OTHER
PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT
WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT
LIMITATION, LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE.
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(b) Under no circumstances shall Dakota County/CJIIN's total liability to the City or any other
person, related to the System Software, Provider Content, or performance of Services under
this Agreement exceed the aggregate amount of fees and revenue received by CJIIN hereunder
for the prior twelve (12) month period.
75. indemnity.
Dakota CountyJCJ11N Indemnity.
Dakota County shall indemnify, defend, and hold harmless the City and its officers, employees
and agents with respect to claims, losses, damages, causes of action and liability of any kind,
including court costs, attorneys' fees and expert wi#ness fees {"Claims") #o the extent that it is
based upon (i) any third party claim arising out of Dako#a County/CJIIN's breach of its
obligations under #his Agreement, or (ii) any third party claim that the Services, System
Software, Provider Content or Documentation infringes any copyright, patent, trademark, trade
secret or other intellectual property right of any third party (an "Infringement Claim"); provided,
however, that Dakota County/CJIIN shall have no obligation pursuant to the foregoing
indemnification provision to the extent that the Claim is based solely on (a) any use of the
Services, System Software, Provider Content or Documentation by the City in material breach of
this Agreement, (b) any use of the Services, System Software, Provider Content or
Documentation by the City in conjunction with any third party product, data, hardware or
software not provided by CJIIN.
The foregoing s#ates the entire liability of Dakota County/CJIIN with respect to any Infringement
Claim.
The City Indemnity.
The City shall indemnify, defend, and hold harmless Dako#a County/CJIIN and its officers,
employees and agen#s with respect to any Claims sustained by Dakota County/CJIIN, to the
extent such Claim is based upon any third party action related to {a) the Ci#y's access or use of
all or part of the Services, System Software, Provider Content or Documentation; (b) any
material including, withou# limitation, any report, output or result generated in connection with
the use of the Services, System Software, Provider Content or Documentation and provided to a
third party by the City, its employees, agents, contractors or sub contractors; and (c) the City's
City Data.
These mutual indemnification obliga#ions are subject to the limitations and immunities of Minn.
Slat. Ch. 466.
16. Term and Termination.
(a) This Agreement shall commence as of the date executed by both Parties and shall remain in
effect for twelve (12) months unless terminated by either party as set forth herein ("Initial Term").
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(b) This Agreement will be renewed for additional one year terms ("Renewal Term") unless one
Party notifies the other at least sixty (60) days prior to the end of the Initial Term or a Renewal
Term of its intent to not extend the term of this Agreement.
(c) Each Party reserves the right to terminate this Agreement immediately if the Services
provided hereunder become illegal or contrary to any applicable law, rule, regulation or public
policy. Each Party shall have the right to termina#e this Agreement upon ninety (90) days prior
written notice to the other party. Termination of this Agreement by either party does not entitle
the City to a refund of any annual fees the City has paid to Dakota County/CJIIN.
(d) Within sixty (60) days of termination of this Agreement, CJIIN shalt provide the City with a
copy of all of the City Data contained in Dakota County/CJIIN's System. Within a reasonable
time after providing the City Data, CJIIN shall delete and remove all of the City Data from
Dakota County/CJiIN's servers and data storage facilities and shall verify to the City that this
has been accomplished.
17. Payments.
(a) Initial and Renews! Terms. For the services provided by CJIIN during the initial and any
Renewal Terms of this Agreement, The City shall pay CJIIN the annual fees for the City as
determined by the CJ11N Steering Committee.
(b) Fees for any consulting services provided by CJIIN that are outside the services that CJIIN
must provide under this Agreement shall be at the rates stated in Attachment C.
18. Participation on the CJIIN Steering Committee.
The CJIIN Steering Committee provides direc#ion to CJIIN program staff and Dakota County on
the use of CJIIN #unds and upgrades and modifications to the CJIIN criminal justice applications
and System. The Steering Committee consists of represents#ives from Dakota Coun#y and
cities located within Dakota County that have committed staff time and financial resources to
develop the CJ11N applications and System. During the Initial Term of this Agreement and any
Renewal Terms, the City may have one voting member on the CJ11N Steering Committee and
User Groups. The Steering Committee members can make suggestions for modifications to or
additional functionality of the System Software and Provider Content, although the final decision
on changes and additions to the System will be made by consensus of the voting members of
the Steering Committee.
19. Force Maieure.
Neither Party shall be liable to the other Party for any damages, costs, expenses or other
consequences incurred by a Party or by any other person or entity as a result of delay in or
inabili#y to deliver any Services or comply with other obligations and responsibilities under this
Agreement due #o circumstances or events beyond the Party's reasonable control, including,
without limitation: (i) acts of God; (ii) changes in or in the interpretation of any law, rule,
regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv) transportation delays;
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(v) unavailability of supplies or materials; (vi) fire or explosion; (vii) riot, military action or
usurped power; or (viii) actions or failures to act on the part of a governmental authority.
20. Miscellaneous.
Assignment. The Parties shall no# assign i#s rights or obliga#ions under this Agreement without
the prior written consent of the other party.
Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be
contrary to law, such provision shall be changed and interpreted so as to best accomplish the
objectives of the original provision to the fullest extent allowed by law and the remaining
provisions of this Agreement shall remain in full force and effect.
Waiver and Amendment. No modification, amendment or waiver of any provision of this
Agreement shall be effective unless in writing and signed by the Parties. No failure or delay by
either Party in exercising any right, power, or remedy under this Agreement shall operate as a
waiver of any such right, power or remedy.
Governing Law. This Agreement shall be governed by the laws of the state of Minnesota, and
the Parties hereby submit to exclusive jurisdiction in the federal and state courts located in
Minnesota for all disputes in connection with this Agreement or the transaction contemplated
hereby.
Notices. Ali notices and other communications required or permitted hereunder shall be in
writing and shall be mailed by United States first class mail, postage prepaid, sent by facsimile
or delivered personally by hand or nationally recognized courier. All such notices and other
written communica#ions shall be effective one business day after the date of mailing, receipt of
confirmed facsimile transmittal or delivery. A11 notices shall be addressed to the applicable
Party at its respective address first set forth above or such other address as may be designated
on notice to the other Party pursuant hereto.
lndependent Contractors. Dakota County/CJIIN and its personnel or agents, in performance of
this Agreement, are acting as independent contractors and not as an employees or agents of
the City. Under no circumstances will either Party have the right or authority #o enter into any
contracts or assume any obligations for the other or to give any warranty to or make any
representation on behalf of the other.
Page 12 of 18
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by #heir
respective duly authorized officers as of the da#e set forth above. This Agreement shall be
effective only when executed below by both Parties.
CITY OF
By
Date of Signature
By.
Date of Signature
Approved by Dakota County Board COUNTY OF DAKOTA
Resolution No.
By
Date of Signature
Dakota County Attorney's Office Approved as to Form {Asst County Attorney):
Dakota County Judicial Center
1560 Highway 55 By
Hastings, MN 55033 Date of Signature
651-438-4438
K/K07-134 Criminal Justice System Services Agreement {County Agencies) v3
Page 3 3 of 18
ATTACHMENT A
SYSTEM OVERVIEW
The CJIIN System includes the following applications
EBriefing: EBriefing is a web application that enables the data entry, viewing, and tracking of
police roll call briefing information. Nine categories of data are available and shared between
law enforcement agencies.. The application includes notifications of situational changes, various
levels of security, and advanced auditing.
Search, Preference, Clipboard: The CJIIN Search application provides criminal justice users
the ability to search local databases for briefing, forms, prisoner, warrant and arrest information.
Configurable Preferences allow agencies to customize the CJIIN applications for their personal
and agency use. The Clipboard application is the foundation for allowing personnel to enter
information once, and then copy data to the CJIIN Clipboard to re-use that information
throughout the criminal justice process.
EForms: eForms is CJ11N's field based reporting application for law enforcement. It is a web
application that enables the data entry, viewing, and tracking of law enforcement forms.
Currently, five form types are available to local agencies. The application includes notifications
of situational changes, various levels of security, and advanced auditing.
CJIIN Integration Hub: The CJ11N integration hub is based on Microsoft's BizTalk integration
middleware and is used for the routing of information among CJIIN partners. Fully deployed,
the integration hub will link regional criminal justice information systems in Dakota County.
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ATTACHMENT B
MAINTENANCE AND SUPPORT SERVICES
CJIIN shall maintain all CJIIN applications including related hardware and software
hosted by Dakota County.
Support shall include:
(1) Unlimited phone support, facsimile and email, including the use of the
"CJIINSUPPORT" email system available to all users during regular
business hours.
(2) Regular business hours will be 8:00 a.m. - 5:00 p.m., Monday -Friday.
{3) 24x7x365 after hours support for major system failures will be available
by contacting the Dakota County Help Desk emergency phone
procedures.
(4) CJIIN application staff shall support a 24x7 phone to respond to any and
all emergencies.
(5) All applications will include the ability to email "CJIIN SUPPORT' at
anytime. This email account will be monitored during regular business
hours_
(6) CJIIN staff will attend user group meetings that will be held at least
annually, but not more than quarterly, to solicit user feedback on system
improvements.
Page 15 of 18
ATTACHMENT C
CONSULTING SERVICE HOURLY RATES
CJiIN will charge $ 75 per hour, including travel time, for consulting services that are
outside the scope of this Agreement. This hourly rate may be increased by CJtIN on an
annual basis, not to exceed an increase of 10% in any one year.
Page ~ 6 of 18
ATTACHMENT D
TERMS AND CONDITIONS FOR USING THE CJIIN SYSTEM
When a Permitted User accesses the CJ11N System for the first time, the user will be
presented the information reproduced below. To create a digita! identity in CJIIN System
and access the CJ11N Applications, the Permitted User must read and accept these
Terms and Conditions. This language may be displayed to the Permittted User
periodically to remind the user of the terms for using the CJIIN System and to confirm
user acceptance of the terms and conditions.
Read this before clicking any buttons on the bottom of this page. You are agreeing to
these Terms and Condi#ions.
You are reques#ing access to the CJIIN System and specific CJIIN applica#ions over a
secure criminal justice network. By clicking on the "1 Accept" button below, you are
digitally signing this Agreement and creating a digital iden#ity that you own and manage.
You are also signifying your agreement with the following:
1. You will use the CJIIN System, Services and applications for legitimate business
purposes only;
2. You will not disclose your system password or security question/answer to others;
3. You will comply with privacy and confidentiality provisions of the Minnesota
Government Data Practices Ac# and other applicable date privacy laws;
4. You will not access the CJIIN System if you are no longer employed by or under
contract with the City.
Page i 7 of 18
ATTACHMENT E
MINIMUM EQUIPMENT AND HARDWARE SPECIFICATIONS
• A Secure Web Browser (Internet Explorer 6.0 or better is recommended, but
Firefox 2.0 has partial support).over a secure connection in the Internet.
• A CJDN Network 1P is required to ensure that you are accessing Law
Enforcement Data from a secure location
^ a 256Kb/s dedicated Internet connection. 512Kb/s or faster is recommended for a
better experience.
• Pentium III (or equivalent) processor at 600Mhz. A 1.0 Ghz or faster processor is
recommended. The CJ11N Applications use AJAX to push some calculations and
other user interface rendering to the client.
• 256MB of memory is the minimum for windows XP but we recommend at least
512 MB to support the large memory allocation of Internet Explorer and Firefox.
• 1024 X 768 resolution will provide the best experience.
• Keyboard. Tabbing can be used to access all functionality, but a Mouse or other
point and click device will help speed up navigation in certain instances.
Page l8 of 18