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HomeMy WebLinkAbout6.e. Criminal Justice Date Communications Network Agreement - Joint Powers AgreementAGENDA ITEM: Criminal Justice Data Communications Network Agreement Joint Powers Agreement AGENDA SECTION: Consent PREPARED BY: Gary D. Kalstabakken, Chief of Poli AGENDA NO. ATTACHMENTS: Agreement APPROVED BY: RECOMMENDED ACTION: Motion to approve an agreement with the Minnesota Department of Public Safety for the use of the Criminal Justice Data Communications Network and authorizing the mayor and city administrator to execute the agreement. 9 ROSEMOUNT City Council Meeting: June 3, 2008 CITY COUNCIL EXECUTIVE SUMMARY BACKGROUND The State of Minnesota Department of Public Safety (DPS) maintains a data communications network for the transmission of criminal justice data. This network is used by the Police Department as a secure connection for accessing various services of DPS and transmitting data to DPS. ISSUE The criminal justice data network (CJDN) has excess bandwidth that may be utilized by participating agencies. Through the Criminal Justice Information Integration Network (CJIIN) within Dakota County, the excess bandwidth is requested to be used for the transmission of documents within CJIIN. The agreement has been reviewed and approved by City Attorney LeFevere. Staff asked that Council approve the agreement and authorize its execution. MN DEPARTMENT OF PUBLIC SAFETY CRIMINAL JUSTICE DATA COMMUNICATIONS 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 Public Safety, Bureau of Criminal Apprehension (hereinafter referred to as the STATE) and Rosemount Police Department. 2875 145 Street West, Rosemount, Minnesota 55068 -4997, (hereinafter referred 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, pursuant to Laws of Minnesota for 1999, Chapter216, 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 into 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 herein, and WHEREAS, the GOVERNMENTAL UNIT represents 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 below. Cities, counties, or political subdivisions may only select option A. Service option checked below applies to this Agreement: A. The STATE's base installation is a T1 access circuit, a defined level of backbone bandwidth, and supported telecommunication equipment which includes (modem, DSUICSU, and router). The total cost of the network connection will be computed based on the combined requirements of the STATE and the GOVERNMENTAL UNIT for backbone bandwidth, supported telecommunication 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 II of this agreement, and the GOVERNMENTAL UNIT through a service agreement with the Minnesota Department of Administration Intertechnologies Group (ITG) will 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 will 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 from 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 CJDN 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 STATE's approval in advance for each type of service that they want to use. The only cost of this option to the GOVERNMENTAL UNIT will 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 will have priority routing and if the GOVERNMENTAL UNIT 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. II. STATE'S RESPONSIBILITIES A. The STATE shall, 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 opportunity for GOVERNMENTAL UNITS to partner with the STATE and ITG to more fully utilize the planned network connections and increase connectivity between public sector organizations. B. Wherever feasible, the STATE shall use current 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 will bring routed connectivity to that site. C. The STATE, through ITG, will coordinate and pay the telephone company for the initial inside (premium) wiring service at the GOVERNMENTAL UNITs site, not to exceed $200.00. This cost is limited to the wiring from the Main Point of Presence (MPOP) in the facility to the STATE provided router, unless otherwise specified within this agreement. D. The STATE, through ITG, 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 cost of the circuit located at the GOVERNMENTAL UNITs site. F. The STATE, through ITG, will coordinate and pay for the initial activation, support, and maintenance of one router port on the MNet router located at the GOVERNMENTAL UNITs site. If an additional port is required, the GOVERNMENTAL UNIT will be required to pick up the monthly charge. Access Control Lists (ACL) for the connection to the STATE will be maintained by 1TG with the approval of the STATE. G. The ITG will ensure that a separate, and dedicated, modem line is installed at the GOVERNMENTAL UNITs 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. III. 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 main point 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 to the STATE any plans to relocate their offices that would impact their criminal justice data communications network connection. A minimum of 120 days notice is required to ensure uninterrupted service for circuit moves. In all cases, the relocation costs are the responsibility of the GOVERNMENTAL UNIT. E. The GOVERNMENTAL UNIT shall provide 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 GOVERNMENTAL UNIT shall properly dispose of any and all state provided internal wiring when it is no longer operational or needed for connectivity to the criminal justice data communications network. G. If an additional port is required, the GOVERNMENT UNIT will be required to pick up the monthly 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 in 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 time, with or without cause, upon ten (10) days written notice to the other party. VI. STATE'S AUTHORIZED AGENT The STATE'S authorized 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 acceptance of the GOVERNMENTAL UNIT'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 1. GOVERNMENTAL UNIT Governmental Unit certifies that the appropriate person(s) have executed this Agreement on behalf of the Govemmental Unit as required by applicable articles, bylaws, resolutions, or ordinances. 2. DEPARTMENT OF PUBLIC SAFETY (with delegated authority) By: Title: Date: By: Title: CJIS Director Date By: Title: Date 4. ATTORNEY GENERAL 3. DEPARTMENT OF ADMINISTRATION Approved to sign on behalf of the Attomey General as to form and execution: By: By: Date: Date: VIII. LIABILITY The GOVERNMENTAL UNIT shall indemnify, save and hold the STATE, its representatives and employees, harmless from any and all claims or causes of action, including all attorneys' fees incurred by the STATE, arising from the performance 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 fulfill its obligations pursuant to this Agreement. The GOVERNMENTAL UNIT's liability shall be govemed by the provisions of the Municipal Tort Claims Act, Minnesota Statutes, Section 466.01- 466.15 and other applicable law. IX. STATE AUDIT The books, records, documents and accounting procedures and practices of the GOVERNMENTAL UNIT and its employees, agents or subcontractors relevant to this Agreement shall 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 PAGE 4 of 4