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HomeMy WebLinkAbout6.m. Authorize Joint Powers Agreement with the Minnesota Bureau of Criminal ApprehensionAGENDA ITEM: Authorize Joint Powers Agreement with the Minnesota Bureau of Criminal Apprehension AGENDA SECTION: Consent PREPARED BY: Gary Kalstabakken, Chief of Police GE 5 r F .6 M ATTACHMENTS: Joint Powers Agreement Resolution APPROVED BY: RECOMMENDED ACTION: Motion to approve a resolution authorizing Mayor Droste and City Administrator Verbrugge to execute and sign a Joint Powers Agreement with the State of Minnesota to implement the wireless Identification Based Information System (IBIS) project. 4ROSEMOUNT CITY COUNCIL City Council Meeting: March 21, 2006 EXECUTIVE SUMMARY Summary The State of Minnesota's Bureau of Criminal Apprehension has developed a program to distribute a two finger identification system, known as IBIS -RDT (Identification Based Information System Remote Data Terminal) to Minnesota law enforcement agencies. This wireless IBIS -RDT allows for the identification of persons in the field by accessing fingerprint databases. Costs for the IBIS unit and its first year cellular connection charges are covered by the MN BCA. The City must agree to pay for the cellular connection charges and maintenance fees after the first year. Current costs are estimated at $60 per month for cellular service and $650 for maintenance. If this JPA is approved, those costs would be included in the 2007 Police Department budget This program has been in place for over a year and several Dakota County communities have participated in the program including some communities serving as test sites for the IBIS units Rosemount has now been selected to receive a unit as the program is expanded based upon the success of the units' use in other communities. Officers utilizing the IBIS unit will be able to positively identify persons m the field. Positive identification will reduce the number of persons able to successfully provide false names to officers and will also allow officers to confirm the identity of some suspects without the need of transporting the suspect to jail for processing. The IBIS units will improve the efficiency of officers and aid in the identification of suspects quickly Council is asked to approve the signing of the JPA. Once the JPA is signed the staff at the BCA will provide tranung to the Department's officers and the IBIS unit will be put into service. STATE OF MINNESOTA JOINT POWERS AGREEMENT Agreement Contract No M- 7 `J r 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 Rosemount, Rosemount Police Department, 2875 145" Street West, Rosemount, MN 55068 "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 2 -Fmger identification units, known as IBIS RDTs (Identification Based Information System Remote Data Terminals) to Minnesota local law enforcement agencies under the conditions specified below. 1 Term of Agreement 1.1 Effective date: Apn13, 2006, or the date the State obtains all required signatures under Minnesota Statutes Section 16C 05, subdivision 2, whichever is later. 1.2 Expiration date: March 30, 2007, or until all obligations have been satisfactonly fulfilled, whichever occurs first. 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 RDT(s) and 0 Wired RDT(s) to the Governmental Unit at no charge for the first year. The State will allow the Governmental Unit continued use of the IBIS RDT(s) based on the Governmental Unit s compliance with the following conditions: IBIS Wireless RDT: 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 is within the Sprint PCS service area in Minnesota or is willing to allow bookings to transmit through the Mobile Data Computer (MDC) over the Governmental Unit's radio system (note that transmitting via MDC utilizes significant bandwidth). The Governmental Unit's law enforcement officers make enough arrests, detentions, stops, or bookings that the IBIS RDT can be expected to be used at least 3 times per week. Governmental Unit is willing to provide feedback on the IBIS RDT and the 2- Finger identification process to the State's Authorized Representative of this agreement via survey, teleconference, or meeting with the State, as requested by the State. Governmental Unit will adopt a policy on acceptable use of 2- Finger Identification and provide a copy of this pohcy to the State (State has sample policies available by request). Governmental Unit is willing to collect and share nnnrmal statistics required by the State such as total number of "stops stops where IBIS is used, IBIS hits, and detentions where stop included use of IBIS. Governmental Unit will commit to pay for RDT maintenance and any cellular airtime after the expiration date of this agreement and at that time the IBIS RDTs provided to the Governmental Unit from the State will become the property of the Governmental Unit The State will pay for the RDT and the first year maintenance and airtime for the Governmental Unit through the expiration date of this agreement, and will make payment directly to the State's vendor. o Cellular charges are estimated at $60 per month for typical usage level. o Maintenance is estimated at $650 per year. IBIS Wired RDT: Throughout the teens of this agreement the Governmental Unit must have a fully executed and active CJDN Joint Powers Agreement (Rev 6/03) Page 1 of 4 Contract No. M -'7 LI (Criminal Justice Data Network) agreement on file with the State, and a CJDN connection. Governmental Unit must make enough arrests, detentions, stops, or bookings that the IBIS RDT can be expected to be used at least 10 times per week Rolled 10 -pnnts are still required m accordance with State law, Governmental Unit is willing to provide feedback to the State's Authonzed Representative of this agreement via survey, teleconference, or meeting with the State, as requested by the State. Governmental Unit will generate a policy on acceptable use of 2- Finger Identification and provide a copy of this policy to the State. Governmental Unit is willing to collect and share nummal statistics required by the State such as total number of detentions, where IBIS is used, IBIS hits, and detentions where IBIS detemnned that the individual initially gave a false name Governmental Unit will commit to pay for RDT maintenance for the RDT provided to the Governmental Unit by the State after the State's 1 -year warranty expires (one year from delivery of the RDT). The State will pay for the RDT and the first year maintenance through the expiration date of this agreement, and make payment directly to the State's vendor, After the expiration date of this agreement the RDT will become the property of the Governmental Unit. Maintenance is estimated at $650 per year. If the Governmental Unit fails to meet its obligations under the conditions of this agreement or does not adequately utilize the IBIS, the Governmental Unit agrees that, upon request from the State, it will return to the State the IBIS RDT and all associated parts, manuals, and supporting equipment provided by the State under this agreement m good functioning condition. 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, CJIS Assistant Director, (651)793 -2470, or his/her successor. The Governmental Unit's Authonzed Representative is: NAME: If1LE: ADDRESS: TELEPHONE NUMBER 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 pnor consent of the State and a fully executed Assignment Agreement, executed and approved by the same pasties 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 of this agreement, that failure does not waive the provision or its nght 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 Joint Powers Agreement (Rev 6/03) Page 2 of 4 Contract No. M or causes of action, including attomey's fees incurred by the State, ansing 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 Audits Under Minn. Stat 16C.05, subd 5, the Governmental Unit's books, records, documents, and accountmg 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. 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the State. lithe Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Umt 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. 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 m Ramsey County, Minnesota. 10 Termination 10 1 Termination. The State or the Governmental Umt 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 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 \Intten 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 fundmg 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. Joint Powers Agreement (Rev 6/03) Page 3 of 4 1. STATE ENCUMBRANCE VERIFICATION 3. STATE AGENCY Indrvrdual cert fes that no funds are being paid to the Governmental Unit under th cement By Date: Contract No. M- 7 5 l (with delegated authority) Signed Title: 2. GOVERNMENTAL UNIT By Title Date.. Date: Contract No. M-2 S q 4. COMMISSIONER OF ADMINISTRATION delegated to Matenals Management Drnston By Date: By: Distribution: Agency Title: Governmental Una State's Authonzed ap«sentatve Photo Copy Date. Joint Powers Agreement (Rev. 6/03) Page 4 of 4 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2006 A RESOLUTION AUTHORIZING EXECUTION OF A JOINT POWERS AGREEMENT RELATED TO THE USE OF 2- FINGER IDENTIFICATION UNITS KNOWN AS IDENTIFICATION BASED INFORMATION SYSTEM REMOTE DATA TERMINALS BE IT RESOLVED, by the City Council of the City of Rosemount, Minnesota that the City enter into a Joint Powers Agreement with the State of Minnesota Bureau of Criminal Apprehension for the distribution and use of the IBIS RDTs, William Droste, Mayor, and James D. Verbrugge, City Administrator, are hereby authorized to execute and sign such grant agreement and subsequent amendments as are necessary to implement the project on behalf of the City Council of the City of Rosemount. ADOPTED this 21st day of March, 2006, by the City Council of the City of Rosemount. ATTEST: James D. Verbrugge, Deputy City Clerk William Droste, Mayor Motion by: Seconded by: Voted in favor: Voted against: Member absent