HomeMy WebLinkAbout6.l. Criminal Justice Network (CJN) Joint Powers Agreement
EXECUTIVE SUMMARY
City Council Meeting: January 4, 2022
AGENDA ITEM: Criminal Justice Network (CJN) Joint AGENDA SECTION:
Powers Agreement Consent
PREPARED BY: Mikael Dahlstrom, Chief of Police AGENDA NO. 6.l.
ATTACHMENTS: Joint Powers Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve and sign the Criminal Justice Network
(CJN) Joint Powers Agreement.
BACKGROUND
For approximately the last decade, the Police Department has been a member of a cooperative partnership
with Dakota County and the Cities of Burnsville, Farmington, Hastings, Inver Grove Heights, Mendota
Heights, South St. Paul, and West St. Paul. In brief, the Criminal Justice Network (CJN) focuses on using
the latest technology to share/transfer criminal justice information quickly and effectively between law
enforcement, the courts, jails, social services, and probation. CJN provides an electronic platform for
field-based reporting (FBR), briefings (i.e. “ebriefing”), scheduling, case management, and a records
management system (RMS) amongst several others.
Over the past several years (2016 to present), our Department has only purchased access to field-based
reporting platforms within CJN and thus were unable to access the many other benefits to be a full CJN
member (i.e. FBR and RMS). Further, the Department purchased RMS services through LOGIS and
utilized CentralSquare for a records management system. Staff determined a full switch to CJN and to
become an initial member of the new JPA was beneficial when considering:
Cost savings
Local customer service and ability to better drive solutions within a smaller joint powers
organization
Access to all features of CJN
Consistency and on the same platform with the majority of Dakota County law enforcement
agencies
St. Paul recently joined CJN (i.e. intelligence sharing)
Currently, the CJN entity works under the direction of Dakota County and the staff are County employees.
There is desire by both the County and CJN to move from being a subset of Dakota County into a
separate JPA organization.
Over the past year, a working group comprised of the County Attorney, Chief Deputy, Hastings Police
Chief, South St. Paul Police Chief, and City Managers from Farmington and Burnsville negotiated this
draft joint power agreement under consideration.
The initial terms of this agreement is five years and funding for this JPA organization will come from
member contributions and current fund balance transfer from Dakota County CJN accounts. Over the
next five years, the City of Rosemount’s contribution will not significantly change for FBR and RMS
technology that is currently within the budget.
RECOMMENDATION
Staff recommends the Council approve the JPA for the Criminal Justice Network.
2
Joint Powers Agreement
Establishing the
Criminal Justice Network Board
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Table of Contents
Contents
RECITALS ....................................................................................................................................................................... 4
ARTICLE 1 Statement of Purpose and Powers to be Exercised ............................................................................ 4
ARTICLE 2 Definitions ............................................................................................................................................ 4
ARTICLE 3 Term and Effective Date ...................................................................................................................... 5
ARTICLE 4 Manner of Exercising Powers .............................................................................................................. 5
ARTICLE 5 Membership ......................................................................................................................................... 5
5.1 Initial Members. ............................................................................................................................................ 5
5.2 Additional Members. .................................................................................................................................... 5
5.3 Requirement of Good Standing .................................................................................................................... 6
ARTICLE 6 Joint Powers Board .............................................................................................................................. 6
6.1 Establishment of the Board .......................................................................................................................... 6
6.2 Powers of the Board ..................................................................................................................................... 6
6.3 Board Representatives and Vacancies .......................................................................................................... 7
6.4 Board Governance – Officers ........................................................................................................................ 7
6.5 Board Governance – Voting .......................................................................................................................... 8
6.6 Board Committees ........................................................................................................................................ 8
6.7 Board Meetings ............................................................................................................................................. 8
ARTICLE 7 Executive Director ................................................................................................................................ 8
ARTICLE 8 Budget And Funding ............................................................................................................................. 8
8.1 Fiscal Year ..................................................................................................................................................... 8
8.2 Recommended Annual Budget ..................................................................................................................... 8
8.3 Member Contributions to Adopted Budget ................................................................................................. 9
8.4 Expenditure of the Annual Budget ............................................................................................................. 10
8.5 Criminal Justice Network Fund Balance Transfer. ...................................................................................... 10
8.6 In-Kind Contributions .................................................................................................................................. 10
8.7 Legal Services .............................................................................................................................................. 10
8.8 Credit or Payment to Members for Services .............................................................................................. 10
ARTICLE 9 Audit ................................................................................................................................................... 10
ARTICLE 10 Termination And Dissolution ............................................................................................................. 11
10.1 Termination. ............................................................................................................................................... 11
10.2 Effect of Termination. ................................................................................................................................. 11
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10.3 Distribution of Assets. ................................................................................................................................. 11
ARTICLE 11 Withdrawal Of A Member ................................................................................................................. 11
11.1 Unilateral Withdrawal................................................................................................................................. 11
11.2 Effect of Withdrawal. .................................................................................................................................. 11
ARTICLE 12 Insurance And Indemnification ......................................................................................................... 12
12.1 Responsibility for Own Acts and Omissions................................................................................................ 12
12.2 No Waiver ................................................................................................................................................... 12
12.3 Indemnification ........................................................................................................................................... 12
12.4 Insurance .................................................................................................................................................... 12
12.5 Uninsured Liability ...................................................................................................................................... 13
ARTICLE 13 Intellectual Property .......................................................................................................................... 13
ARTICLE 14 Miscellaneous Provisions ................................................................................................................. 134
14.1 Amendments. ............................................................................................................................................. 14
14.2 Governing Law and Venue. ......................................................................................................................... 14
14.3 Counterparts. .............................................................................................................................................. 14
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This Joint Powers Agreement (as amended from time to time, this “Agreement”) is entered into between
the undersigned parties (also referred to herein as “Members”), all being political subdivisions of the
State of Minnesota, by and through their respective governing bodies .
RECITALS
WHEREAS, pursuant to Minn. Stat § 471.59, political subdivisions in the State of Minnesota are
empowered to provide assistance to, and act in coordination with, other political subdivisions as
deemed necessary to benefit the public; and
WHEREAS, the parties to this Agreement wish to jointly and cooperatively provide for the establishment,
operation and maintenance of technology systems and services to support criminal justice agencies and
information management systems for the use and benefit of the parties and others; and
WHEREAS, the parties to this Agreement wish to create and establish a joint powers entity and joint
powers board referred to as the Criminal Justice Network to collaboratively accomplish their mutual
goals of improving and supporting criminal justice agency information management systems and
capabilities.
NOW, THEREFORE, in consideration of the mutual promises and benefits that each Party shall derive
here from, the parties agree as follows:
ARTICLE 1 Statement of Purpose and Powers to be Exercised
The purpose of this Agreement is: (1) to establish CJN, a joint powers entity to provide information
management systems and technology services to support criminal justice agencies for the use and
benefit of the Members and others; (2) to provide personnel benefits for the employees of CJN; (3) to
define the rights and obligations of the Members with respect to the establishment, operation and
maintenance of CJN; and (4) to provide a forum for discussion, study, development and implementation
of recommendations of mutual interest regarding criminal justice processes, information sys tems and
integration of criminal justice information systems.
ARTICLE 2 Definitions
2.1 “Board” means the Criminal Justice (CJN) joint powers board formed by this Agreement.
2.2 “Criminal Justice Network” or “CJN” means the joint powers entity formed by this Agreement.
2.3 “Initial Member” is a governmental unit that executed this Agreement as of the Effective Date
and created the Criminal Justice Network (CJN) Board .
2.4 “Law Enforcement Agency” means a unit of state, local government, or federally-recognized
tribe that is authorized by law to grant full powers of arrest and to charge a person with the
duties of preventing and detecting crime and enforcing the general criminal laws of any state,
and/or incarcerating individuals. This includes, without limitation: municipal police departments,
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county sheriff departments (both patrol and jail functions), the Minnesota Department of
Corrections, the Minnesota Bureau of Criminal Apprehension, and the Minnesota State Patrol.
2.5 “Member” means an Initial Member and each additional governmental unit satisfying the
requirements of Section 5.2 after the Effective Date of this Agreement but excluding any
governmental unit that has withdrawn from the Agreement pursuant to Article 11 hereof.
2.6 “Membership Fee” means the amount of the operating and capital costs of CJN that is charged
to an individual Member for a fiscal year.
2.7 “Supermajority” means two-thirds (66.7%) of the Board representatives.
2.8 “System Fees” means the amount of money a Member or non-Member pays to access and use
the systems and applications developed or purchased by CJN or services provided by CJN. CJN
shall not charge System Fees to the County for its non-Law Enforcement Agency users during the
Initial Term of this Agreement. A Member’s System Fee is in addition to the Member’s annual
Membership Fee.
2.9 “Total Membership Fees” means the total amount of the operating and capital costs of CJN that
is approved by the Board and charged to all Members for each fiscal year to assist in funding the
total costs of CJN.
2.10 “Withdrawing Member” means a Member that has given notice of its intent to withdraw from
the Agreement pursuant to Section 11.1.
ARTICLE 3 Term and Effective Date
This Agreement is effective, and the joint powers entity is established, on January 1, 2022, referred to
herein as the Effective Date, and shall continue until December 31, 2027, or until terminated as provided
in Article 10 or as required by law or court order (“Initial Term”).
ARTICLE 4 Manner of Exercising Powers
The joint powers of the Members will be exercised through the Board having the powers and duties
described herein. The Board is authorized to exercise the joint powers on behalf of and in cooperation
with the Members as provided herein.
ARTICLE 5 Membership
5.1 Initial Members. The Initial Members are the County of Dakota (“County”), the City of Burnsville,
the City of Farmington, the City of Hastings, the City of Inver Grove Heights, the City of Mendota
Heights, the City of Rosemount, the City of South St. Paul, and the City of West St. Paul.
5.2 Additional Members. In addition to the Initial Members, any governmental unit as defined in
Minn. Stat. § 471.59 that maintains a Law Enforcement Agency is eligible to become a Member,
subject to the prior approval of the Board, by:
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A. Executing and delivering to the Board a counterpart signature page to this Agreement,
indicating its acceptance of the terms and conditions hereof; and
B. Satisfying such other conditions mandated by the Board at the time as a condition to
becoming a Member, and payment of a Membership Fee.
5.3 Requirement of Good Standing. Continued membership in CJN is contingent upon the payment
by each Member of the annual Membership Fees as determined by the Board. After being given
notice and 30 calendar days to cure any default for non-payment of fees, Members who are not
in good standing may be terminated from this Agreement by a Supermajority vote of the Board.
Members who are involuntarily terminated by the Board shall not act to discharge any liability
incurred or chargeable to the Members before the effective date of termination, and the
terminated Member is not entitled to any distribution of assets or fees paid, all as stated in
Section 11.2.
ARTICLE 6 Joint Powers Board
6.1 Establishment of the Board. The parties hereby establish the Board as a joint powers board,
which shall jointly exercise such powers and authorities as are necessary to achieve its purposes
as provided in Article 1. The Board shall be an entity separate from the parties and shall not be
deemed to be an agent or partner of the parties to this Agreement.
6.2 Powers of the Board. The Board shall have the following powers and duties:
A. To take actions necessary and convenient to discharge the duty to implement, maintain
and operate the systems and applications necessary for the continuation of CJN and its
integration of information systems for criminal justice agencies;
B. To adopt bylaws and rules or policies consistent with this Agreement that are required to
effectively exercise the powers or accomplish the objective of CJN;
C. To adopt an annual operating and capital budget, including a statement of sources of
funding and allocation of costs to the Members;
D. To enter into contracts in its own name, including contracts to purchase materials, goods,
or services and contracts to provide its Members and non-Members with access and use
of systems and applications developed or purchased by CJN and other services provided
by CJN;
E. To establish processes for setting and charging System Fees;
F. To acquire, lease, hold and dispose of property, both real and personal including transfer
of property from a Member to CJN;
G. To arrange with one or more of the Members to incur debt or issue bonds for the benefit
of CJN, as permitted by law;
H. To develop, acquire, operate and maintain applications and systems for criminal justice
agencies to improve operational efficiencies, integrate information between criminal
justice agencies, including those systems acquired jointly and cooperatively for the
benefit of the Members;
I. To hire, discipline, or discharge employees required to accomplish the purposes of this
Agreement, including employing an Executive Director and delegating personnel
authority to the Executive Director;
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J. To purchase any insurance or indemnity or surety bonds as necessary to carry out this
Agreement and purpose of CJN;
K. To seek, apply for, and accept appropriations, grants, gifts, loans of money, or other
assistance as permitted by law from any person or entity, whether public or private;
L. To commence any type of legal action or proceeding permitted by law to protect CJN’s
property and interests;
M. To exercise all powers necessary and incidental to carrying out the purposes set forth in
Article 1 of this Agreement;
N. To contract with a Member or third party for auditing, financial, human resources,
information technology, risk management, legal, and other services as needed for CJN;
and
O. To approve contracting and purchasing policies for CJN.
6.3 Board Representatives and Vacancies.
A. Board Creation and Composition. The Board shall consist of one Board representative
from each of the Members who is appointed by the respective head of the Member’s Law
Enforcement Agency. Each Member shall also be entitled to appoint an alternate Board
representative, who shall act for the Board representative during that individual’s
absence. In addition, for the Initial Term of this Agreement, the County’s Board of
Commissioners is entitled to appoint one Board representative and one alternate. This
Agreement at times uses the term “Board representative” to refer to both a Board
representative and that representative’s alternate.
B. Board Compensation. Board representatives shall serve without compensation from CJN,
but this shall not prevent a Member from providing compensation for a Board
representative if such compensation is authorized by the Member and by law.
C. Representative Terms. The terms of each Board representative will be established in the
Board’s bylaws. Any Board representative shall be subject to removal by the appointing
Member at any time, with or without cause. If any Board representative is removed by
the appointing Member, the vacancy shall be filled by that appointing Member. A Board
representative’s term terminates at such time as the individual ceases to be a member of
the governing body of the applicable Member or an employee of the applicable Member.
6.4 Board Governance – Officers. At its first meeting, and its first regular meeting of each subsequent
year, the Board shall elect a Chair and Vice Chair from among the Board representatives. The
Chair and Vice Chair shall be elected by the Board for one-year terms. The Chair shall preside at
all meetings of the Board and shall perform other duties and functions as may be determined by
the Board. The Vice Chair shall preside over and act for the Board during the absence of the
Chair.
6.5 Board Governance – Voting.
A. Actions of the Board will be taken by vote of the Board in which each Board
representative shall have one equal vote. Proxy voting is not permitted. The Board shall
function by a majority of the Board representatives present at the time of the vote.
B. Decisions of the Board will be made by a majority of the votes cast except where a
Supermajority is required.
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C. A Board representative shall not be entitled to vote on behalf of the Member during the
time that such Member is in default on any contribution to CJN or on any contract with
CJN. During the existence of such default, the vote or votes of such Member shall not be
counted as eligible votes.
6.6 Board Committees. The Board may appoint standing committees, ad hoc committees and
workgroups, with the powers described in the Board’s bylaws or in resolutions adopted to
establish the committee or workgroup.
6.7 Board Meetings. The Board shall meet as set forth in the bylaws adopted by the Board or upon a
call of the Board Chair. All meetings of the Board shall comply with Minnesota Statutes Ch. 13D,
the Minnesota Open Meeting Law.
ARTICLE 7 Executive Director
CJN shall have a chief operating officer with the title Executive Director. The Executive Director shall be
the administrative head of CJN and shall report to the Board and the Executive Committee, if the Board
creates one, for the administration and operation of CJN. The Executive Director shall be an employee
of CJN. Any vacancy in the office of the Executive Director shall be filled as soon as possible after the
effective date of such vacancy. In the case of absence or disability of the Executive Director, the Board
may designate any other qualified person to carry out the duties of the Executive Director during such
absence or disability.
ARTICLE 8 Budget and Funding
8.1 Fiscal Year. The fiscal year for CJN shall be the calendar year.
8.2 Recommended Annual Budget. The annual budget of CJN must be adopted in the following
manner:
A. The Executive Director shall prepare a proposed annual operating and capital budget for
the following fiscal year for consideration by the Board no later than April 1st of each year;
B. Annually, prior to April 1st the Executive Director shall deliver to each Board
representative a copy of the proposed budget;
C. Annually prior to May 1st, the Board will supply each Member with a proposed budget for
the following fiscal year; and
D. The annual budget for the following fiscal year shall be adopted at a meeting of the Board
in June.
If the Board fails to adopt a budget by July 1st, the budget from the current fiscal year shall be
deemed approved for the next fiscal year. This requirement to adopt a budget at a regular
meeting of the Board by July 1st does not apply to the calendar year in which this Agreement is
first executed; however, the Board shall adopt a budget for the first fiscal year of this Agreement
at its first Board meeting in 2022.
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8.3 Member Contributions to Adopted Budget.
A. The Board shall have the authority to fix cost sharing charges for all Members in an
amount sufficient to provide the funds required for CJN’s operational and capital costs in
the budget.
B. The CJN annual budget (Total Membership Fees) will be comprised of a minimum of two
funding components: Operations and Records Management System (RMS). During the
Initial Term, the County will contribute a fixed annual subsidy in the amount of
$472,642.00, which shall constitute the County’s annual Total Membership Fees, except
for Membership Fees assessed to the Dakota County Sheriff’s Office pursuant to this
section. There will be no annual adjustment of the subsidy amount.
C. City Members and the Dakota County Sheriff’s Office shall contribute to the Operations
fund in proportional share based on the population of the geographical areas for which it
provides law enforcement services determined as of July 1 of the previous fiscal year,
except for fiscal year 2022. For purposes of this section, the geographical area for which
the Sheriff’s Office provides law enforcement services means that area outside the
boundaries of all cities located within Dakota County, but includes the area within the
boundaries of the cities of Coates, Hampton, Miesville, New Trier, Randolph and
Vermillion. For fiscal year 2022, the contribution from each of those Members for the
Operations fund shall be:
City of Burnsville 20.0%
City of Farmington 6.0%
City of Hastings 7.6%
City of Inver Grove Heights 8.9%
City of Mendota Heights 6.2%
City of South St Paul 7.0%
City of West St Paul 12.4%
Dakota County Sheriff's Office 25.6%
City of Rosemount 6.2%
County of Dakota 0.0%
D. The RMS funding component of the CJN annual budget is to be utilized to pay for costs
associated with the following items: (1) RMS maintenance and support of ProPhoenix; (2)
the development fund; (3) escrow to maintain ProPhoenix RMS code in a secure location;
and (4) staff support. The City Members and the Dakota County Sheriff’s Office shall
contribute equally to the RMS fund for the costs associated with items (1) through (3).
For costs associated with staff support, the City Members and the Dakota County Sheriff’s
Office shall contribute to the RMS fund based on their proportional total number of users
determined as of July 1 of the previous fiscal year, except for fiscal year 2022. For fiscal
year 2022, the contribution from each of those Members for the RMS fund shall be as
follows:
City of Burnsville 29%
City of Farmington 10%
City of Hastings 10%
City of Inver Grove Heights 16%
City of Mendota Heights 5%
City of South St Paul 10%
City of West St Paul 10%
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Dakota County Sheriff's Office 10%
City of Rosemount 9%
County of Dakota 0%
E. The Board may authorize an additional funding component as necessary to generate
reserve funds in the event the Members amend the term of this Agreement beyond the
Initial Term.
F. Upon adoption of the budget by the Board, each Member is obligated to make payments
to CJN for the Member’s Membership Fees for the following fiscal year in accordance
with this Article, except as adjusted to account for withdrawal of a Member consistent
with Article 11.
8.4 Expenditure of the Annual Budget.
A. The Board may establish procedures and limitations as may be necessary to preserve the
integrity and purpose of the approved operating and capital budget (Total Membership
Fees). After adoption of the annual operating and capital budget by the Board, the
Executive Director shall make all expenditures in accordance with such budget. Purchases
and letting contracts shall be done in accordance with procedural guidelines established
by resolution of the Board, consistent with Minnesota law.
B. The Executive Director shall have the power to transfer funds within the total annual
operating budget in order to meet unanticipated needs or changed situations. The
Executive Director shall not transfer funds within the total annual capital budget or
between the operating budget and capital budget. The Executive Director shall report
any transfer of funds within the annual operating budget to the Board in the next report.
8.5 Criminal Justice Network Fund Balance Transfer. The County will transfer to CJN all funds in the
County’s CJN Operations (CJN-OPS) account and in the County’s CJN Records Management
System (CJN-RMS) account.
8.6 In-Kind Contributions. The Board may accept in-kind contributions from any Member. The
County will provide CJN with certain in-kind contributions, which will be subject to, and governed
by, the terms of one or more contracts with CJN.
8.7 Legal Services. The Dakota County Attorney's Office (“DCAO”) will provide CJN with general legal
advice on issues such as JPA governance, data practices, and contract and policy review at no
cost during the Initial Term, except that during the Initial Term, CJN shall pay the DCAO for the
costs of litigation at the DCAO’s current hourly rate for paralegals and attorneys, and for actual
costs incurred associated with litigation. The DCAO’s provision of legal services to CJN will be
subject to the terms of a separate legal services agreement.
8.8 Credit or Payment to Members for Services. The Board may approve annual fee payment or cost
allocation credits to any Member that provides in-kind contributions to CJN.
ARTICLE 9 Audit
The Board shall call for an annual audit of the financial affairs of CJN, to be performed by an
independent Certified Public Accountant and completed in accordance with generally accepted auditing
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principles. The Board shall provide a copy of the audit report to the Members. CJN’s books, reports and
records shall be available for and open to inspection by the Members at all reasonable times .
ARTICLE 10 Termination and Dissolution
10.1 Termination. This Agreement shall terminate upon the occurrence of any one of the following
events:
A. When Members withdraw pursuant to Article 11 so that in the judgment of the Board it
becomes impractical or uneconomical to continue to operate under this Agreeme nt;
B. When necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction; or
C. When a Supermajority agrees, pursuant to a resolution of the governing bodies of the
Members, to terminate this Agreement.
10.2 Effect of Termination. Termination shall not discharge any liability incurred by the Board or by
the Members during the term of this Agreement. Each Member shall be liable for its own acts
and for the acts of the Board to the extent provided by law. Proper ty or surplus money acquired
by the Board shall be distributed to the Members in proportion to the ir contributions. The Board
shall approve a final report of its activities and affairs.
10.3 Distribution of Assets. Prior to termination of this Agreement or if CJN is otherwise disbanded,
the Board shall first adopt a plan providing for the orderly disposition of assets and unwinding of
agreements of the Board. Such plan shall provide that following the disposition of any assets
owned by the Board and the payment of all obligations of the Board, any funds remaining shall
be distributed to the remaining Members who have not previously withdrawn consistent with
the approved plan.
ARTICLE 11 Withdrawal of a Member
11.1 Unilateral Withdrawal.
A. No Member may withdraw from this Agreement during the Initial Term. If the term of the
Agreement is extended, a Member may withdraw by providing notice to withdraw to the
Board Chair at least eighteen (18) months prior to the withdrawal date, with a copy of a
resolution of its governing body indicating its intent to withdraw from this Agreement .
B. Upon receipt of the notice to withdraw and the resolution of the governing body of a
Member authorizing withdrawal, the Board Chair shall forward a copy of the resolution to
all other Members.
C. The notice to withdraw shall be made by Registered or Certified Mail to CJN’s primary
office, in each case, return receipt requested and postage prepaid, which is deemed to
have been provided upon receipt as indicated by the date on the signed receipt,
certification, or affidavit. The Board Chair may accept notice of withdrawal by more
informal means, only if authorized in writing signed by the Board Chair.
11.2 Effect of Withdrawal. Withdrawal of any Member shall not terminate this Agreement except as
provided in Section 10.1. Withdrawal shall not act to discharge any liability incurred or
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chargeable to any withdrawing Member before the effective date of withdrawal. Such liability
shall continue until appropriately discharged by law or agreement. No withdrawing Member
shall be entitled to a refund or distribution of Membership Fees, administrative or operating fees
or funds paid, reimbursement or repayment of in-kind contributions, or forgiveness of fees owed
to the Board.
ARTICLE 12 Insurance and Indemnification
12.1 Responsibility for Own Acts and Omissions. No Member shall be liable for the acts or omissions
of another Member, unless it has specifically agreed in writing to be responsible for the same.
Each Member acknowledges and agrees that it is insured or self -insured consistent with the
limits established in Minnesota State Statutes. Each Member agrees to promptly notify all
Members if it becomes aware of any potential Board-related claims or facts that are likely to give
rise to such claims. Neither the Board nor any Member shall have the power to do any act or
thing the effect of which is to create a charge or lien against the property or revenues of the
Board or another Member, except as expressly provided herein or in any of the documents
authorized herein.
12.2 No Waiver. Notwithstanding the foregoing, the terms of this Agreement are not to be construed
as, nor operate as, waivers of a Member’s statutory or common law immunities or limitations on
liability, including but not limited to, Minnesota Statutes Chapter 466. Further, the Members’
obligations set forth in this Agreement are expressly limited by the provisions of Minnesota
Statutes Chapter 466 and Minnesota Statutes section 471.59, and any other applicable law or
regulation providing limitations, defenses or immunities to the Members and the Board. For
purposes of determining total liability for tort damages, each Member and the Board are
considered a single governmental unit and the total liability for all of the Members and the Board
shall not exceed the limits on governmental liability for a single governmental unit as specified
under Minnesota Statutes Section 466.04, Subd. 1, or as waived or extended by the Board or all
Members under Minnesota Statutes Sections 466.06 or 471.981.
12.3 Indemnification. The Board shall be considered a separate and distinct government joint powers
entity to which the Members have transferred all responsibility and control for actions taken
pursuant to this Agreement. The Board shall comply with all laws and rules that govern a public
entity in the State of Minnesota and shall be entitled to the protections of Minnesota Stat utes
Chapter 466. Without limiting the application of Section 12.1, to the extent of any liability
insurance carried by the Board and available for such purpose, and any tail coverage carried by
the Board, the Board shall defend, indemnify and hold harmless each Member from any and all
liability arising from or as a result of: (i) any accident, injury to or death of any person or loss or
damage to tangible or intangible property that may be directly or indirectly caused by the acts or
omissions of the Board; (ii) any act of the Board in the observation or performance of any of its
responsibilities, or any failure by the Board to perform any such responsibilities; and/or (iii) any
actions or inactions of Members taken as a result of their membership on the Board. Nothing in
this Agreement shall be construed to provide liability coverage or indemnification to an officer,
employee, or volunteer of any Member for any act or omission for which the officer, employee,
or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith.
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12.4 Insurance. The Board shall provide for worker’s compensation benefits for all CJN employees in
the amount consistent with state statutes. The Board may also carry additional policies of
insurance as it deems appropriate.
12.5 Uninsured Liability. If the Board incurs liability that is in excess of the insurance obtained by the
Board, or incurs liability that is outside the coverage of such insurance, the liability shall be
distributed among the Members on the basis of each Member’s proportional Membership Fee in
the year in which the action or inaction giving rise to the liability occurred.
ARTICLE 13 Intellectual Property
A. The County, through its existing Criminal Justice Network Department, has developed and
owns all right, title and interest to software (hereafter “Software”) enabling web-based
information sharing and tracking between authorized criminal justice agencies. These
criminal justice agencies include law enforcement agencies, the Dakota County Attorney’s
Office, Dakota County Community Corrections, Dakota Communications Center, judicial
organizations and related agencies as well as their authorized users. The Software is
accessed and implemented through a number of applications including, but not limited
to:
• Administration
• Case Management
• eBriefing
• eForms
• Gun Permits
• Integration Services
• Jail Transportation Management System
• Scheduling
• Search
• Subscription
B. Concurrent with the execution of the Agreement and formation of the new CJN, the
County, acknowledging that it has received sufficient consideration from CJN, agrees to
assign all rights, title and interest in the Software to CJN. This assignment specifically
includes all intellectual property (hereafter “IP”) related to the Software including, but
not limited to, any copyrights, source code, proprietary databases, online forms, user
interfaces, user lists, fee sheets, trade secrets and trademarks, presently owned by the
County that are related to and exclusive to implementation and use of the Software. This
IP includes any registered or unregistered IP and includes IP arising out of state or federal
law. The assignment specifically excludes any third-party databases and non-
transferrable licenses to which the County lacks sole ownership or the ability to transfer
ownership. The assignment also excludes any County owned databases that are non-
exclusive to the implementation and use of the Software.
C. Following execution of the Agreement, CJN shall be responsible for entering into any
third-party agreements including licensing or other related agreements related to third-
party databases and related third-party tools necessary for full implementation and use
of the Software.
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D. CJN acknowledges its familiarity with the Software and that as of the execution of the
Agreement, the Software is in usable condition, satisfies all operational conditions and
accomplishes its intended purpose.
E. Upon assignment of the Software to CJN, CJN will assume responsibility for all future
costs and expenses related to maintenance, revisions, updates and future developments
of the Software as well as any on-going support of third-party users of the Software.
F. Upon assignment of the Software, CJN will assume responsibility for any and all costs
related to ensuring and monitoring compliance and proper use of the Software by the
Members, authorized third parties and their designated users.
G. CJN agrees to establish and implement policies and procedures so as to ensure that use of
the Software by the Members, third-party users and their authorized users complies with
all applicable Federal, State and Local laws.
H. Upon assignment of the Software to CJN, CJN will assume all liabilities and
responsibilities, both criminal and civil, regarding use of the Software by the Members,
third-party users and all of their authorized users.
I. CJN agrees to utilize best industry practices in maintaining the on -going confidentiality
and security of the Software so as to prevent unreasonable access to all portions of the
Software by non-authorized users.
J. In the event that CJN is otherwise disbanded or terminated during the Initial Term, CJN
agrees, absent any other agreement, to reassign all rights, title and interest in the
Software to the County.
ARTICLE 14 Miscellaneous Provisions
14.1 Amendments. This Agreement may be amended at any time and from time to time by
agreement of all Members that have not previously withdrawn pursuant to Article 11.
14.2 Governing Law and Venue. The laws of the State of Minnesota govern all matters related to this
Agreement, without giving effect to the principles of conflict of law. Venue and jurisdiction for
any litigation related to this Agreement must be in those courts located within Dakota County,
State of Minnesota or U.S. District Court, District of Minnesota.
14.3 Counterparts. This Agreement may be executed by the Members in any number of counterparts.
IN WITNESS WHEREOF, each of the Members has caused this agreement to be executed on its behalf as
of the date(s) written below.
COUNTY OF DAKOTA, MINNESOTA
By______________________________
Its ______________________________
Approved as to form
________________________________
Assistant County Attorney Date
File No. KS-21-16
CJN JPA Page 15 of 22 07.14.21
CITY OF BURNSVILLE, MINNESOTA
By: ______________________________
Its: ______________________________
Date: ____________________________
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CITY OF FARMINGTON, MINNESOTA
By: ______________________________
Its: ______________________________
Date: ____________________________
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CITY OF HASTINGS, MINNESOTA
By: ______________________________
Its: ______________________________
Date: ____________________________
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CITY OF INVER GROVE HEIGHTS, MINNESOTA
By: ______________________________
Its: ______________________________
Date: ____________________________
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CITY OF MENDOTA HEIGHTS, MINNESOTA
By: ______________________________
Its: ______________________________
Date: ____________________________
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CITY OF ROSEMOUNT, MINNESOTA
By: ______________________________
Its: ______________________________
Date: ____________________________
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CITY OF SOUTH ST. PAUL, MINNESOTA
By: ______________________________
Its: ______________________________
Date: ____________________________
CJN JPA Page 22 of 22 07.14.21
CITY OF WEST ST. PAUL, MINNESOTA
By: ______________________________
Its: ______________________________
Date: ____________________________