The URL can be used to link to this page

Home My WebLink AboutVIII-09 Authorize Signature - Terminate Joint Powers Agreement - Prior Agreement for Criminal Justice Network City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: June 6, 2022 Item: Termination Agreement for Prior CJN Services Contract Council Action Requested: Approve Termination Agreement (Dakota County Contract #C0021713.1) to end services agreement under the prior CJN JPA. Background Information: Hastings has been a member of a cooperative partnership that addresses the needs of criminal justice information, technology and data transfer between criminal justice partners for over two decades. Criminal Justice Network (CJN) provides criminal justice networking and products to include scheduling, field-based reporting (FBR) and a records management system (RMS). Additionally, a file sharing and transfer system is in place to process, transfer and/or share criminal justice data with courts, jail services, probation, and social services, just to name a few. Over the last few years, discussions took place with Dakota County and board members to move CJN from being a subset of Dakota County and make it a separate JPA organization. The Hastings City Council approved the new JPA on December 20, 2021. In late May 2022, the Dakota County Attorney’s Office sent the attached Termination Agreement to end the services agreement under the prior CJN JPA. Financial Impact: Not applicable Committee Discussion: City Council approved the successor JPA on Dec 20, 2021. Attachment: Termination Agreement Between the County of Dakota and City of Hastings VIII-09 Dakota County Contract # C0021713.1 Hastings-Termination Agreement (CJN Services) TERMINATION AGREEMENT BETWEEN THE COUNTY OF DAKOTA AND CITY OF HASTINGS This Termination Agreement is between the County of Dakota, a political subdivision of the State of Minnesota, (“County”) and the City of Hastings, Minnesota ("Agency"). County and Agency are individually referred to as a “Party” and collectively as the “Parties.” WHEREAS, the Parties entered into a contract for County to provide Agency with certain criminal justice system services, dated July 25, 2008, referred to as County Contract # C0021713 (the "Contract"); and WHEREAS, the County program that provided Agency with the criminal justice system services is now a separate joint powers organization, formed pursuant to Minn. Stat. § 471.59, known as the Criminal Justice Network (“CJN JPO”); and WHEREAS, the County no longer provides such services, and all future services will be provided to Agency by the CJN JPO, subject to the terms of an agreement between Agency and the CJN JPO (“New CJN Agreement”); and WHEREAS, the Parties desire to terminate the Contract on the terms and subject to the conditions set forth herein. ACCORDINGLY, the Parties agree: 1. Termination of the Contract. (a) The Parties mutually agree that the Contract, which is attached hereto as Exhibit 1, is hereby terminated effective on the date the last Party executes this Termination Agreement or the date on which Agency and CJN JPO execute the New CJN Agreement, whichever date comes first (the "Termination Date"). From and after the Termination Date, the Contract will be of no further force or effect, and the rights and obligations of each of the Parties thereunder shall terminate, except for any rights and obligations of the Parties that are expressly designated to survive the termination of the Contract. (b) Notwithstanding the Contract provision that states that County will return Agency Data to Agency upon termination, the Parties agree that County will not return Agency Data upon the Termination Date. Agency agrees that County will transfer the Agency Data to the CJN JPO for continuity of services. 2. Consideration. The County acknowledges and agrees that it has already received all amounts owed from Agency under the Contract and that no additional consideration of any kind is due the County with respect to the Contract. 3. Representations and Warranties. Each Party hereby represents and warrants to the other Party that: (a) the execution and delivery of this Termination Agreement is the duly authorized and binding act of the Party, and that the Party’s signatory is duly authorized to execute this Termination Agreement on behalf of the Party; and (b) it knows of no claims against the other Party relating to or arising out of the Contract; and has neither assigned nor transferred any claims regarding the Contract to any person or entity and no person or entity has subrogated to or has any interest or rights in any claims. 4. Miscellaneous. (a) All notices, requests, consents, claims, demands, waivers, summons, and other legal process, and other similar types of communications hereunder (each, a "Notice") must be in writing and addressed to the relevant Party at the address set forth on the signature page. All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or certified or registered mail (in each case, return receipt requested, postage prepaid). A Notice is effective only (i) upon receipt by the receiving Party and (ii) if the Party giving the Notice has complied with the requirements of this Section 4(a). (b) The laws of Minnesota govern all matters related to this Termination Agreement, without giving effect to the principles of conflict of law. Venue and jurisdiction for any litigation related to this Termination Agreement must be in those courts located within Dakota County, State of Minnesota or U.S. District Court, District of Minnesota. (c) This Termination Agreement and each of the terms and provisions hereof may only be amended, modified, waived, or supplemented by an agreement in writing signed by each Party. DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 Dakota County Contract # C0021713.1 Hastings-Termination Agreement (CJN Services) (d) The Parties drafted this Termination Agreement without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. (e) The provisions of this Termination Agreement are severable. If any provision of this Termination Agreement is void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this Termination Agreement unless the void, invalid, or unenforceable provision substantially impairs the value of the entire Termination Agreement with respect to either Party. (f) This Termination Agreement is the final expression of the agreement of the Parties. This Termination Agreement supersedes all prior negotiations, understandings, or agreements. There are no representations, warranties, or provisions, either oral or written, not contained herein. (g) The Parties agree that the electronic signatures herein are intended to authenticate this writing and have the same force and effect as wet ink signatures. IN WITNESS WHEREOF, the Parties have executed this Termination Agreement on the date(s) below. COUNTY OF DAKOTA Approved as to form: /s/ Lucie O’Neill 5/26/2022 Assistant County Attorney / Date KS-22-76-6 By_________________________________ David McKnight OMB Director 1590 Highway 55 Hastings, MN 55033 Date: ___________________ AGENCY By___________________________________ Name: ________________________________ Title: _________________________________ Date: ___________________ City of Hastings 101 4th Street East Hastings, MN 55033 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 05/27/2022 | 10:13 AM CDT Dan Wietecha VIII-09 EXHIBIT 1: THE CONTRACT DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09 DocuSign Envelope ID: 6C4A3817-18B3-4029-8375-5CEB15542846 VIII-09