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HomeMy WebLinkAbout20080602 - VI-08HASTINGS POLICE DEPARTMENT TO: Mayor Paul Hicks Hastings City Council Members FROM: Chief McMenomy DATE: May 27, 2008 VI-S MEMO SUBJECT: Consent Agenda Item -Joint Powers Agreement between the City of Hastings and MN Dept of Public Safety Bureau of Criminal Apprehension This consent agenda item is in regard to a Joint Powers Agreement between the City of Hastings and the State of Minnesota in regard to the access and use by this Department of the Bureau of Criminal Apprehension's (BCA) Criminal Justice Data Network (CJDN). This agreement was last signed in the year 2000 and has since been updated to reflect the City's connection to the State's Network via the fiber T1 access circuit. The language is basically the same as the previous agreement signed in the year 2000 but now, as mentioned, incorporates the fiber connection. Over the past few months the City's I_T. Department has been working with the State in finalizing this fiber connection. The length of this agreement sha11 be June 1St, 2008 through May 31St, 2013. I# you have any questions concerning this consent agenda item please do not hesitate to contact me. Thank you. MN DEPARTMENT OF PUBLIC SAFETY CRIMINAL JUSTICE DATA COMMUNfCATfONS NETWORK AGREEMENT (DISTRIBUTION OF NETWORK SERVICES TO LAW ENFORCEMENT AGENCIES) Contract # THIS JOINT POWERS AGREEMENT, by and between the State of Minnesota, acting through its Commissioner of PubCc Safetv, Bureau of Criminal Aowehension (hereinafter referred to as the STATE) and Hastings Police Department,150 East 3 Street, Hastings Minnesota 55033 (hereinafter refened to as GOVERNMENTAL UNIT) witness that: WHEREAS, the STATE, pursuant to Minnesota Statute, Chapter 299C_46, Subdivision 1 is authorized to lease or purchase facilities and equipment as may be necessary to establish and maintain the data communications network with criminal justice agencies, and WHEREAS, Minnesota Statute, Chapter299C. 46, Subdivision 2 defines criminal justice agencies allowed to connect to the criminal justice data communications network, and WHEREAS, the STATE, pursuan# to Laws of Minnesota for 1999, Chapter 216, Article 1, Section 7, Subdivision 3 is appropriated funds for the statewide criminal and juvenile justice data information system upgrade; and WHEREAS, the STATE, pursuant to Laws of Minnesota for 2000, Chapter 311, Article 1, Section 3 is appropriated funds for criminal justice technology infrastructure; and WHEREAS, Minnesota Statutes, Section 471.59, Subdivision 10 authorizes both the STATE and the GOVERNMENTAL UNIT to enter in#o joint powers agreements, and, WHEREAS, the GOVERNMENTAL UNIT represents that it meets all requirements for this Agreement as a criminal justice agency, or is a city, county, or political subdivision participating on criminal justice communications network authorized to accept network services from the STATE for the purpose specified herekr, and WHEREAS, the GOVERNMENTAL UNIT represerrts that it is duly qualified and willing to perform and carry out the services and tasks described in this Agreement NOW, THEREFORE, .it is agreed.: 1. SERVICE OPTIONS Criminal justice agencies may select either option A or B ~iow. Cities, counties, or ~liticai subdivisions may only select option A. Service option checked below apMies to this Aar+eement: A. The STATE's base installatiog is a T1 access circuit, a defined level of backbone bandwidth, and supported telecommunication equipment which includes (modem, DSUICSU, and router). The #otal cost of the network connection wit[ be computed based on the combined requirements of the STATE and the GOVERNMENTAL UNiT for. backbone bandwidth, supported #etecommun'rcation equipment with appropriate ports, access circuit, and installation. The STATE will pay what they would have paid for the base installation, as specified in Clause ll of this agreement, and the GOVERNMENTAL UNIT through a service agreement with the Minnesota Department of Administration Intertechaologies Group (ITG) wilt pay the difference. This will include an additional PVC or an increase in the base bandwidth, an appropriate level of Community Router Service, and may include an additional router port. CJDN traffic wilt have priority routing_ Either party to this Agreement can expand their bandwidth within the available bandwidth, but if a conflict in bandwidth needs occurs, then the GOVERNMENTAL UNIT will order another access circuit ftom ITG for their use at the prevailing rates. The same PAGE 1 of 4 telecommunications equipment can be used. OR B. X GOVERNMENTAL UNITS wants to utilize available C.iDN bandwidth. If the expected bandwidth requirements by the GOVERMENTAL UNIT are low, the GOVERNMENTAL UNIT can utilize some of the available bandwidth within the planned network. The GOVERNMENTAL UNIT must obtain the STATESs approval in advance for each type of service that they want to use. The only cost of this option to the GOVERNMENTAL UNIT wt11 be for an additional router port, if it were needed in order to segregate the CJDN traffic and establish the required separate segment. CJDN traffic wilt have priority routing and if the GOVERNMENTAL UNtT experiences bandwidth congestion (response time), then the GOVERNMENTAL UNIT can acquire additional bandwidth, if available, on the existing circuit or the GOVERNMENTAL UNIT can acquire another circuit connection through InterTech. The same installed router can still be used: STATE'S RESPONSIBILITIES A. The STATE shat!, by the nature of the location of the GOVERNMENTAL UNITS -that it serves, cause the Minnesota Network (MNet) to be extended to more locations throughout the state. This provides an opportuni#y for GOVERNMENTAL UNITS to partner with the STATE and ITG to more fully utitize the planned rtetavork connections and increase connectivity between public sector organizations. B. Wherever feasible, the STATE shall use cement MNet digital network connections to connect to participating agencies for the purposes of criminal justice access_ If a GOVERNMENTAL UNIT does not have a current MNet connection or it is inadequate for the application, the Criminal Justice Data Communications Network (CJDN} Upgrade Project wilt bring routed connectivity to that site. C. The STATE, through ITG, wilt coordinate and pay the telephone company for the initial inside (Premium) wiring service'at the GOVERNMENTAL UN[T's site, not fo exceed $2t?t).00. This cost is kmited to the wiring from the Main Point of Presence {MPOP) in the facility to the STATE provided router, unless otherwise specfied within this agreement. D. The STATE, through tTG, will determine the bandwidth requirement for the CJDN applications at each site and will coordinate and pay the telephone company for the initial installation of the circuit required to support that bandwidth. E. The STATE, through ITG, will coordinate and pay the telephone company for the initial installation and monthly cos# of the circuit located at the GOVERNMENTAL UNIT's site. F. The STATE, through ITG, vin'It coordinate and pay for the initial activation, support; and maintenance of one roofer port on the MNet router located at the GOVERNMENTAL UNIT's site. if an additional port is required, the GOVERNMENTAL UNtT_will be required to pick up the monthly ctiarge_ Access Control Lists {ACL) for the connection to the STATE will be maintained by lTG wi#h the approval of the STATE. G. The tTG will ensure that a separate, and dedicated, modem line is installed at the GOVERNMENTAL UNIT's site for the express purpose of monitoring the ITG owned and maintained MNet router. H. The STATE, through ITG, will maintain the Access Control Lists (ACL) on the MNet routers for connection to the STATE for the .purpose of gaining access to criminal justice information. I. The ITG will bill the GOVERNMENTAL UNIT its appropriate share of-the costs depending on service options and/or service agreements entered into between the GOVERNMENTAL UNIT and PAGE 2 of 4 ITG. Ill. GOVERNMENTAL UNIT'S RESPONSIBILITIES .GOVERNMENTAL UNIT receiving equipment and/or services under this Agreement must A. If a circuit is to be installed, the GOVERNMENTAL UNIT shall grant access to the facility mainpoint of presence (MPOP) for the telephone company installer to install the circuit. B. The GOVERNMENTAL UNIT shall indicate to the telephone company installer where the MNet router is located or will be installed within the facility (this is premium wiring). C. Following the initial premium wiring, the GOVERNMENTAL UNIT shall be responsible for any and all costs of installing, repairing or replacing internal wiring in support of their criminal justice data communications network connection. Further, the GOVERNMENTAL UNIT will be responsible for any cost associated with. damaged wiring due to relocations, misuse, or abuse. D. The GOVERNMENTAL UNIT shall report #o the STATE any plans to relocatetheir offices thatwould impact their criminal justice data communicafions network connection. A minimum of 120 days notice is required to ensure uninterrupted service for circuit moves. !n alt cases, the relocation costs are the responsibility of the GOVERNMENTAL UNIT. E. The. GOVERNMENTAL UNIT -shalt pravEde and maintain any disposable and consumable components originally provided by the STATE, and shall supply all other necessary disposable and consumable components not provided by the STATE at the GOVERNMENTAL UNIT's expense. F_ The GOVERNMF_N"fAL UNIT shall property dispose of any and all state provided internal wiring when it is no (anger operational or needed for connectivity to the criminal justice data communications network. G. tf an additional port is required, the GOVERNMENT UNIT will be required to pick up the monthty charge. Access Control Lists (ACL) for the connection to the STATE will be maintained by ITG with the approval of the STATE. _ H. The GOVERNMENTAL UNIT is required to sign a Service Agreement with ITG .if they selected Option A of this Agreement. IV. TERMS OF AGREEMENT This Agreement shall be effective on 06/01!2008 , or upon the date that the final required signature is obtained by the STATE, pursuant to Minn. Stat. 16C.05, Subdivision. 2, whichever occurs later, and shall remain in effect until 05/31!2013 , or until all obligations set forth th this Agreement have been satisfactorily fulfilled or the Agreement has been canceled; whichever happens first. V. TERMINATION This Agreement may be terminated by either the STATE or GOVERNMENTAL UNIT at any lime, with or without cause, upon ten (10) days written notice to the other party. Vt. STATE'S AUTHORIZED AGENT The STAl"E's authored agent for the purposes of this Agreement is Robert P. Johnson, or his designee, Department of Public Safety Bureau of Criminal Apprehension 1430 Maryland Avenue St Paul MN 55106_ Such agent shall have final authority for once of-the GOVERNMENTAL UNtT's services_ VII. ASSIGNMENT GOVERNMENTAL UNIT shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent from the STATE. PAGE 3 of 4 Vlil. LIABILITY The GOVERNMENTAL UNIT shal!•indemnify, save and hold the STATE, its representatives and employees, harmless from any and all claims or.causes of action, including ail attorneys' fees incurred by the STATE, arising from the pertormance of this Agreement by the GOVERNMENTAL UNIT or GOVERNMENTAL UNIT's employees, agents, or subcontractors. This clause shall not be construed to bar any legal remedies the GOVERNMENTAL UNiT may have for the STATE's failure to fulfrll its obligafions pursuant to this Agreement. The GOVERNMENTAL UNlT's liabilityshall be governed bythe provisions o#the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01-466.15 and other applicable taw. IX. STATE AUDIT The books, records, documents and accounting procedures and practices of the GOVERNMENTAL UNIT and its employees, agents or subcontractors relevanf to this Agreement shalt be made available and subject to examination by the STATE, including the contracting Agency/Division; Legislative Auditor, and State Auditor for a minimum period of six years from the end of this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed intending to be bound thereby. APPROVED 1. GOVERNMENTAL UNIT 2. DEPARTMENT OF PUBLIC SAFETY Govemmental Unit certifies that the appropriate person(s) have (with delegated authority) executed this Agreement on behalf of the Govemmental Unit as required by applicable articles, bylaws, resolutions, or ordinances. By" BY Title: Title: CJIS Director Date: Date By: Title: Da#e 4. ATTORNEY GENERAL 3. DEPARTMENT OF ADMINISTRATaON Approved to sign on behalf of the Attorney General as to form and execution. By: By: Date: Date: PAGE 4 of 4