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Home My WebLink About20070917 - VI-18 HASTINGS VI -18 POLICE DEPARTMENT MEMO TO: Mayor Paul Hicks Hastings City Council Members Chief McMenomy 1'11 September 12, 2007 Consent Agenda Item - Joint Powers Agreement HPD and MN State BCA FROM: DATE: SUBJECT: Attached please find a Joint Powers Agreement between the Hastings Police Department and State of Minnesota Bureau of Criminal Apprehension (BCA) concerning our Department use of an upgraded IBIRS ROT 4 Unit. The Rapid Identification Unit is a unit that the State has supplied to various Police Departments which allows officers to check a person's fingerprints electronically using this portable device unit. If a person doesn't have identification or the Officer believes he is giving false identification the Officer can have the person place his finger in this unit which will then electronically send a signal to the State and if the person has previous fingerprints on file with the State it will give an identification to the police department. This Department has currently been using a single digit IBIRS Unit but the State has now come up with an upgraded two finger identification unit for our Department to use. This Joint Powers Agreement replaces the previously signed agreement for the single digit IBIRS Unit we received two years earlier from the Department of Public Safety BCA. If you have any questions concerning this please do not hesitate to contact me. , MINNESOTA DEPARTMENT OF PUBLIC SAFETY Alcohol & Gambling Enforcement Bureau of Criminal Apprehension Capitol Security Center for Crime Victim Services Driver & Vehicle Services Drug Policy & Violence Prevention Emergency Management / Emergency Response Commission State Fire Marshal/ Pipeline Safety State Patrol Traffic Safety ill.teauofOilTd,t>.ppreherSon Bureau of Criminal Apprehension 1430 Maryland Avenue East. St. Paul, Minnesota 55106-2802 Phone: 651/793-7000 . FAX: 651/793-7001 . TTY: 651/282-6555 Internet: http://www.dps.state.mn.us/bca/ September 6, 2007 Mike McMenomy, Chief Hastings Police Department 150 East 3rd Street Hastings, MN 55033 Dear Chief McMenamy: Thank you for your continued support of Rapid ID. Enclosed you will find a Joint Powers Agreement between the State of Minnesota and the Hastings Police Department pertaining to the upgraded IBIRS RDT4 unit(s). If a CION agreement has not been completed since you became the CLEO for your agency, you will also find enclosed a CION agreement for signature. A copy of the agreement(s) will be returned to you once the signature process has been completed. Please review the agreement and provide the following information (in ink) on page two of all of the copies of the agreement: · Agency's Authorized Representative Name · Representative's Title . Agency address · Representative's Telephone number · Sign the final page (in ink) of all contract copies Please note that if you previously sent the BCA a copy of your approved Rapid In Appropriate Use Policy you do not need to send another. Please return the three signed agreements as soon as possible to the address listed below: MN Bureau of Criminal Apprehension Attn: Sara Bechel Hutton 1430 Maryland Avenue St. Paul, MN 55106-2802 Training classes are scheduled for the weeks of October 8th and 15th, 2007. A BCA Trainer will contact your agency once your agency's contract has been fully executed to schedule a time to attend training and to return your existing IBIS unit(s). If you have any questions, please feel free to contact me at (651) 793-2421 or sara.bechelhutton@state.mn.us. Sincerely, ~~~latPrL Sara K. Bechel Hutton 2FRID Project Analyst Enclosures EOUAL OPPORTUNITY EMPLOYER Contract No. M-8039 3 Payment This agreement does not include payment of any funds by the State to the Governmental Unit or from the Governmental Unit to the State. 4 Authorized Representatives The State's Authorized Representative is Vicki Tobin, cns (Criminal Justice Information System) Assistant Director, (651 )793-2470, or his/her successor. The Governmental Unit's Authorized Representative is: NAME: M.e-J......e.-' Me Me.^o-"1 TITLE: G,,-,e,-?f polIce ADDRESS: HPP' JSO E 3 rat S T H...st". '" 'J full 0-'>0 D TELEPHONE NUMBER: 'S-I - 'lfO-2. )()O 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision ofthis agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability The Governmental Unlt will indemnifY, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement by. the Governmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement. 7 State Andits Under Minn. Stat. ~ 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. 9 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. Ifthe Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notifY the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. loint Powers Agreement (Rev. 8/07) Page 2 of3 Contract No. M-8039 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. to Termination 10.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. Ifterminated by either party however, the Governmental Unit will return to the State the IBIS RDT and all associated parts, manuals, and supporting equipment provided by the State under this agreement. Also, any loss not covered by the maintenance/warranty paid for by the State during the first year will be the responsibility of the Governmental Unit to provide the replacement unit. Items required to be returned to the State should this agreement be terminated by either party must be received by the State within 10 days of the effective termination date. 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 1. STATE ENCUMBRANCE VERlFICA nON Individual certifzes that no fUnds are being paid to the Governmental . UM"~_~ SIgned: _oJ ys__ 1 L"I '\ Date: ...::> __ 3. STATE AGENCY By: (with delegated authority) Title: Date: Contract No_ M-8039 2. GOVERNMENTAL UNIT 4. COMMISSIONER OF ADMINISTRA nON delegated lD Materials Management Division By: By: (with delegated authority) Date: Title: Date: By: Title: Distribution: Agency Governmental Unit State's Authorized Representative - Photo Copy Date: Joint Powers Agreement (Rev. 8/07) Page 3 of3 . Contract No. M-8039 STATE OF MINNESOTA JOINT POWERS AGREEMENT This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension, CriMNet and Criminal Justice Information System Section ("State") and the City of Hastings, Hastings Police Department, ISO East 3cd Street, Hastings, MN ("Governmental Unit"). Recitals Under Minn. Stat. ~ 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of distributing next generation 2-Finger identification units, known as IBIS RDT4s (Identification Based Information System Remote Data Terminals) to Minnesota local law enforcement agencies under the conditions specified below. When fully executed, this agreement supersedes any joint powers agreement executed between the Goverwnental Unit and the State pertaining to the distribution of2-Finger identification units, and all IBIS RDT equipment provided by the State to the Governmental Unit under previously executed agreement must be returned to the State within 10 days of this new agreement being fully executed. . 1 Term of Agreement 1.1 Effective date: September 4, 2007, or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: September 30, 20 I 0, or until all obligations have been satisfactorily fulfilled, whichever occurs first. Agreement 2 Agreement between the Parties Upon the execution date of this agreement and completion of the appropriate State provided training for Governmental Unit's employees, the State will provide 1 IBIS Wireless RDT4s to the Governmental Unit at no charge. The State will allow the Governmental Unit continued use of the IBIS Wireless RDT4s based on the Governmental Unit's compliance with the following conditions: IBIS Wireless RDT4s: · Throughout the term of this agreement the Governmental Unit must have a fully executed and active CJDN (Criminal Justice Data Network) agreement on file with the State. · Governmental Unit must have adopted a policy on acceptable use of2-Finger Identification and provide a copy of this policy to the State (State has sample policies available by request). · The State will pay for the IBIS Wireless RDT4s, associated software, training and maintenance through the expiration or termination date of this agreement, whichever is applicable, and will be responsible for making payment directly to the State's vendor for these costs. After the expiration or termination date of this agreement (see clause 10.2 of this agreement), whichever is applicable, should the Governmental Unit wish to keep the equipment and continue using the IBIS Wireless RDT4s provided to them under this agreement, the Governmental Unit will be responsible for all costs and payment for IBIS Wireless RDT 4s maintenance, ifthey wish to continue the maintenance, and all other associated costs; for these costs will no longer be the responsibility of the State. If the Governmental Unit no longer wants the IBIS Wireless RDT4s after the effective expiration and/or termination date of this agreement, the Governmental Unit agrees that it will return to the State the IBIS Wireless RDT 45 and all associated parts, manuals, and supporting equipment provided. by the State under this agreement in good functioning condition within 10 days of the effective expiration or termination date of this agreement. Joint Powers Agreement (Rev. 8/07) Page I 00 Contract No. M-8039 3 Payment This agreement does not include payment of any funds by the State to the Governmental Unit or from the Governmental Unit to the State. 4 Authorized Representatives The State's Authorized Representative is Vicki Tobin, CllS (Criminal Justice Information System) Assistant Director, (651)793-2470, or hislher successor. The Governmental Unit's Authorized Representative is: NAME: f1,c."'...e.1 Me.. Me~olV\7 TITLE: c."'c ~ .p. c) .f P D /. C C. ADDRESS: HPO ,~O E 3,-J.. H",J1-cr-ll I'1w 5..>0)3 lELEPHONE NUMBER: 's-, _ ""0- 2100 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fuliy executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approve~ the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains aU negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability The Governmental unIt will indemnifY, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement by" the Governmental Unit or the Governmental Unifs agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement. 7 State Audits Under Minn. Stat. S 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental Unit under this agreement. The civil remedies of Minn. Stat. S 13.08 apply to the release of the data referred to in "this clause by either the Governmental Unit or the State. . If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notifY the State. The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. Joint Powers Agreement (Rev" 8/07) Page 2 00 Contract No. M-8039 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. If terminated by either party however, the Governmental Unit will return to the State the mIS RDT and all associated parts, manuals, and supporting equipment provided by the State under this agreement. Also, any loss not covered by the maintenance/warranty paid for by the State during the fIrSt year will be the responsibility of the Governmental Unit to provide the replacement unit. Items required to be returned to the State should this agreement be terminated by either party must be received by the State within 10 days of the effective termination date. 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date . of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 1. STATE ENCUMBRANCE VERIFICATION Individual certifzes that no}imds are being paid to the Governmental . unitu~thisagree ment~ Signed: _ _ys_~_ i.- \ Date: -::::> 3. STATE AGENCY By: (with delegated authority) Title: Date: Contract No. M-8039 2. GOVERNMENTAL UNIT 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: By: (with delegated authority) Title: Date: Date: By: Distribution: Agency Governmental Unit State's Authorized Representative - Photo Copy Title: Date: Joint Powers Agreement (Rev. 8/07) Page 3 00 . ContractNo.~-8039 STATE OF MINNESOTA JOINT POWERS AGREEMENT This agreeqlent is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal Apprehension, CriMNet and Criminal Justice Information System Section ("State") and the City of Hastings, Hastings Police Department, 150 East 3rd Street, Hastings, MN ("Governmental Unit"). Recitals Under Minn. Stat. g 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State is in need of distributing next generation 2-Finger identification units, known as IBIS RDT4s (Identification Based Inforrilation System Remote Data Terminals) to ~innesota local law enforcement agencies under the conditions specified below. When fully executed, this agreement supersedes any joint powers agreement executed between the Governmental Unit and the State pertaining to the distribution of 2-Finger identification units, and aU IBIS RDT equipment provided by the State to the Governmental Unit under previously executed agreement must be returned to the State within 10 days of this new agreement being fully executed. 1 Term of Agreement 1.1 Effedive date: September 4. 2007. or the date the State obtains all required signatures under Minnesota Statutes Section 16C.05, subdivision 2, whichever is later. 1.2 Expiration date: September 3 O. 20 10, or until all obligations have been satisfactorily fulfilled, whichever occurs frrst. Agreement 2 Agreement between the Parties Upon the execution date of this agreement and completion of the appropriate State provided training for Governmental Unit's employees, the State will provide 1 IBIS Wireless RDT4s to the Governmental. Unit at no charge. The State will allow the Governmental Unit continued use of the IBIS Wireless RDT4s based on the Governmental Unit's compliance . with the follo~ing conditions: IBIS Wireless RDT4s: -Throughout the term of this agreement the Governmental Unit must have a fully executed and active CJDN (Criminal Justice Data Network) agreement on file with the State. - Governmental Unit must have adopted a policy on acceptable use of2-Finger Identification and provide a copy of this policy to the State (State has sample policies available by request). - The Stat~ will pay for the IBIS Wireless RDT4s, associated software, training and maintenance through the expiration or termination date of this agreement, whichever is applicable, and will be responsible for making payment directly to the State's vendor for these costs. After the expiration or termination date of this agreement (see clause 10.2 of this agreement), whichever is applicable, should the Governmental Unit wish to keep the equipment and continue using the IBIS Wireless RDT4s provided to them under this agreement, the Governmental Unit will be responsible for all costs and paymentfor IBIS Wireless RDT4s maintenance, if they wish to continue the maintenance, and all other associated costs; for these costs will no longer be the responsibility of the State. If the Governmental Unit no longer wants the IBIS Wireless RDT4s after the effective expiration and/or termination date of this agreement, the Governmental Unit agrees that it wilIretum to the State the IBIS Wireless RDT4s and all associated parts, manuals, and supporting equipment provided by the State under this agreement in good functioning condition within 10 days of the effective expiration or termination date of this agreement . Joint Powers Agreement (Rev. 8/07) Page 1 of3 \ Contract No. M-8039 3 Payment This agreement does not include payment of any funds by the State to the Governmental Unit or from the Governmental Unit to the State. 4 Anthorized Representatives The State's Authorized Representative is Vicki Tobin, ens (Criminal Justice Information System) Assistant Director, (651 )793-2470, or hislher successor. The Governmental Unit's Authorized Representative is: NAME: 11,e-k...c..I ~c... I'\t"'.-7 TITLE: eJ..,.,e.I".f p.J.,~ . ~ ADDRESS: H~T."'f~ PO In> € 3.- H'"-) r. ~ 1$ M"'; S-S-o 3.3 TELEPHONENUMBER: 'S-I-'lYO -2100 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fuliy executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approv~ the original agreement, or their successors in office. 5.3 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its right to enforce it. 5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to bind either party. 6 Liability The Governmental unit will indemnifY, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this agreement bi the Governmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement. 7 State Audits Under Minn. Stat. ~ 16C.05, subd. 5, the Governmental Unit's books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this agreement. 8 Government Data Practices The Governmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this agreement, and as it applies to all dm:a created, collected, received, stored, used, maintained, or disseminated by the Gove~entaI Unit under this agreement. The civil remedies of Minn. Stat. ~ 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must immediately notifY the State. . The State will give the Governmental Unit instructions concerning the release of the data to the requesting party before the data is released. Joint Powers Agreement (Rev. 8/07) Page 2 00 '\ Contract No. M-8039 9 Venue Venue for all legal proceedings out of this agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 10 Termination 10.1 Termination. The State or the Governmental Unit may terminate this agreement at any time, with or without cause, upon 30 days' written notice to the other party. If terminated by either party however, the Governmental Unit will return to the State the ffiIS RDT and all associated parts, manuals, and supporting equipment provided by the State under this agreement Also, any loss not covered by the maintenance/warranty paid for by the State during the first year will be the responsibility of the Governmental Unit to provide the replacement unit Items required to be returned to the State should this agreement be terminated by either party must be received by the State within 10 days of the effective termination date. 10.2 Termination for Insufficient Funding. The State may immediately terminate this agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Governmental Unit. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Governmental Unit notice of the lack of funding within a reasonable time of the State's receiving that notice. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that no jiuids are beingpaid to the Governmental . un"~m~ S",""" . _~ ~_ Date: i$r~ ..~\ 3. STATE AGENCY By; (with delegated authority) Title: Date: Contract No. M-8039 2. GOVERNMENTAL UNIT 4. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: By: (with delegated authority) Title: Date: Date: By: Title: Distribution: Agency Governmental Unit State's Authorized Representative - Photo Copy Date: Joint Powers Agreement (Rev. 8/07) Page 3 00 . '\