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HomeMy WebLinkAbout2016-2746SWUT Contract # 107114 MN0020400 1111§801 OUVA By t.. This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension ( "BCA ") and the City of Columbia Heights on behalf of its Police Department ( "Agency "). :Recitals Under Minn. Star. § 471.59, the BCA and the Agency are empowered to engage in those agreements that are necessary to exercise their powers. Under Minn. Stat. § 299C.46 the BCA must provide a criminal justice data communications network to benefit authorized agencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data communications network pursuant to the terms set out in this agreement. In addition, BCA either maintains- repositories of data or has access to repositories of data that benefit authorized agencies in performing their duties. Agency wants to access these data in support of its official duties. The purpose of this Agreement is to create a method by which the Agency has access to those systems and tools for which it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access. Agreement Term of Agreement 1,1 Effective date: This Agreement is effective on the date the BCA obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1,2 Expiration date: This Agreement expires five years from the date it is effective. 2 Agreement between the Parties 2.1 General access. BCA agrees to provide Agency with access to the Minnesota Criminal Justice Data Communications Network (CJ`DN) and those systems and tools which the Agency is authorized by law to access via the CJDN for the purposes outlined in Minn. Stat. § 299C.46. 2.2 Methods of access. The BCA offers three (3) methods of access to its systems and tools. The methods of access are: A. Direct access occurs when individual users at the Agency use Agency's equipment to access the BCA's systems and tools. This is generally accomplished by an individual user entering a query into one of BCA's systems or tools. B. Indirect access occurs when individual users at the Agency go to another Agency to obtain data and information from BCA's systems and tools. This method of access generally results in the Agency with indirect access obtaining the needed data and infornnation in a physical format like a paper report. C. Computer-to-computer system, interface occurs when Agency's computer exchanges data and information with BCA's computer systems and tools using an interface. Without limitation, interface types include: state message switch, web services, enterprise service bus and message queuing. For purposes of this Agreement, agency employees or contractors may use any of these methods to use RCA's systems and tools as described in this Agreement. Agency will select a method of access and can change the .methodology -following the process in Clause 2.10. 23 Federal systems access. In addition, pursuant to 28 CFR §20.30 -38 and Minn. Stat. §299C.58, BCA may provide Agency with acecss to the Federal Bureau of hivestigation (FBI) National Crime Information Center. 1 SWIFT Contract 9 1.07114 MN0020400 2.4 Agency policies. Both the BCA and the FBI's Criminal Justice Information Systems (FBI -CJIS) have policies, regulations and laws on access, use, audit, dissemination, hit confirmation, logging, quality assurance, screening (pre - employment), security, timeliness, training, use of the system, and validation. Agency has created its own policies to ensure that Agency's employees and contractors comply with all applicable requirements. Agency ensures this compliance through appropriate enforcement. These BCA and FBI -CJIS policies and regulations, as amended and updated from time to time, are incorporated into this Agreement by reference. The policies are available at https: / /app.dl2s,mn. ,gov /ci dn. 2.5 Agency resources. To assist Agency in complying with the federal and state requirements on access to and use of the various systems and tools, information is available at htlps://sps.x.state.=.us/sites/bcasen cecataloU /dtfault.aspx, Additional information on appropriate use is found in the Minnesota Bureau of Criminal Apprehension Policy on Appropriate Use of Systems and Data available at https://dps,.mn.gov/divisions/bea/bca- divi sions /=i is/Documents,BCA- Policy -on- Appropriate- Use -of- Systems- and- Data.pdf. 2.6 Access granted. A. Agency is granted permission to use all current and future BCA systems and tools for which Agency is eligible. Eligibility is dependent on Agency (i) satisfying all applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement, and (iii) acceptance by BCA of Agency's written request for use of a specific system or tool. B. To facilitate changes in systems and tools, Agency grants its Authorized.Representative authority to snake written requests for those systems and tools provided by BCA that the Agency needs to meet its crimoal justice obligations and for which Agency is eligible. 2.7 Future access. On written request by Agency, BCA also may provide Agency with access to those systems or tools which may become available after the sipping of this Agreement, to the extent that the access is authorized by applicable state and federal law. Agency agrees to be bound by the teams and conditions contained in this Agreement that when utilizing new systems or tools provided under this Agreement. 2.8 Limitations on access. BCA agrees that it will comply with applicable state and federal laws when making information accessible. Agency agrces that it will comply with applicable state and federal laws when accessing, entering, using, disseminating, and storing data. Each party is responsible for its own compliance with the most current applicable state and federal laws. 2,9 Supersedes prior agreements. This Agreement supersedes any and all prior agreements between the BCA and the Agency -regarding access to and use of systems and tools provided by BCA. 2.10 Requirement to update information. The parties agree that if there is a change to any of the information whether required by law or this Agreement, the party will send the new information to the other party in writing within 30 days of the change. This clause does not apply to changes in systems or tools provided under this Agreement, This requirement to give notice additionally applies to changes in the individual or organization serving a city as its prosecutor, Any change in performance of the "prosecutorial function must be provided to the BCA in writing by giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us, 2.11 Transaction record. The BCA creates and maintains a transaction record for each exchange of data utilizing its systems and - tools. In order to meet FBI -CJIS requirements and to perform the audits described in Clause 7, there must be a method of identifying which individual users at the Agency conducted a particular transaction. If Agency uses either- direct access as described in Clause 2.2A or indirect access as described in Clause 2.213, BCA's transaction record meets FBI -CJIS requirements. Whco Agency's method of access is a. couiputerto co.znputer interface as described in Clause 2.2C, the _Agency must 2 SWIFT Contract ## 147114 IvIN0020400 keep a transaction record sufficient to satisfy FBI -CJIS requirements and permit the audits described in Clause 7 to occur. If an Agency accesses data from the Driver and Vehicle Services Division in the Minnesota Department of Public Safety and keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that are kept by the Agency. The transaction record must include the individual user who requested access, and the date, time and content of the request. The transaction record must also include the date, time and content of the response along with the destination to which the data were sent. The transaction record must be maintained for a minimum of six (6) years from the date the transaction occurred and must be made available to the BCA within one (1) business day of the BCA's request. 2.12 Court information access. Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes the Court Data Services Subscriber Amendment, which upon execution will be incorporated into this Agreement by reference. These BCA systems and tools are identified in the written request made by Agency under Clause 2.6 above. The Court Data Sen-ices Subscriber Amendment provides important additional terms, including but not limited to privacy (see Clause 8.2, below), fees (see Clause 3 below), and transaction records or logs, that govern Agency's access to and/or submission of the Court Records delivered through the BCA systems and tools. 2.13 Vendor personnel screening. The BCA will conduct all vendor personnel screening on behalf of Agency as is required by the FBI CJIS Security Policy. The BCA will maintain records of the federal, fingerprint -based background check on each vendor employee as well as records of the completion of the security awareness training that may be relied on by the Agency. 3 Payment The Agency agrees to pay BCA for access to the criminal justice data communications network described in Minn. Stat. § 299C.46 as specified in this Agreement. The bills are sent quarterly for the amount of Six Hundred Thirty Dollars ($630.00) or a total annual cost of Two Thousand Five Hundred Twenty Dollars ($2,520.00). Agency will identify its contact person for billing purposes, and will provide updated information to BCA's Authorized Representative within. ten business days when this information changes. If Agency chooses to execute the Court Data Services Subscriber Amendment refer -red to in Clause 2.12 in order to access and /or submit Court Records via BCA's systems, additional fees, if any, are addressed in that amendment, 4 Authorized Representatives The BCA's Authorized Representative is Dana Getz, Department of Public Safety, Bureau of Criminal Apprehension, Minnesota Justice L formation Services, 1430 Maryland Avenue, St, Paul, MN 55106, 651- 793 -1007, or her successor. The Agency's Authorized Representative is Chief Scott Nadeau, 825 41" Avenue NB, Columbia Heights, MN 55421- 3882, (763) 706 -8100, or his/her successor. Assignment, Arnendrner�ts, Waiver, and. Contract Complete 5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement. 5.2 Anzerzdments. Any amendment to this Agreement, except those described in Clauses 2.6 and 2.7 above must be in writing and will not be effective until it has been signed and approved by the same parties who signed and approved the original agreement, their successors in office, or another individual duly authorized. 5.3 TTaiver. If either party fails to enforce any provision of this Agreement, that failure does not waive the provision or the right to enforce it. 5.4 Contract Complete. This Agreement contains all negotiations and agreements bettivicen the BCA and the Agency. No other understanding regarding this Agreement, whether smitten or oral, n ,, ay be used to bind either party, SWIFT Contract 9 1 Q7114 NIN0020400 6 Liability Each panty will be responsible for its own acts and behavior and the results thereof and shall not be responsible or liable for the other party's actions and consequences of those actions. The Minnesota Torts Claims Act, Minn. Stat. § 3.736 and other applicable laws govern the BCA's liability. The Minnesota Municipal Tort Claims Act, Minn. Stat. Ch. 466, governs the Agency's liability. .Audits 7.1 Under Minn. Stat. § 16C.05, subd. 5, the Agency's books, records, documents, internal policies and accounting procedures and practices relevant to this Agreement are subject to examination by the BCA, the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. Under Minn. Stat. § 6.551, the State Auditor may examine the books, records, documents, and accounting procedures and practices of BCA. The examination shall be limited to the books, records, documents, and accounting procedures and practices that are relevant to this Agreement. 7.2 Under applicable state and federal law, the Agency's records are subject to examination by the BCA to ensure compliance with laws, regulations and policies about access, use, and dissemination of data. 7.3 If Agency accesses federal databases, the Agency's records are subject to examination by the FBI and Agency -vill cooperate with FBI examiners and make any requested data available for review and audit. 7.4 To facilitate the audits required by state and federal law, Agency= is required to have an inventory of the equipment used to access the data covered by this Agreement and the physical location of each. 8 Government Data. Practices 8.1 BCA and Agency. The Agency and BCA must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data accessible under this Agreement, and as it applies to all data created, collected., received, stored, used, maintained, or disseminated. by the Agency tinder this Agreement. The remedies of Minn. Stat. §§ 13.08 and 13.09 apply to the release of the data referred to in this clause by either the Agency or the BCA. 8.2 Court Records. if Agency chooses to execute the Court Data Services Subscriber Amendment referred to in Clause 2.12 in order to access and/or submit Court Records via BCA's systems, the fol1mving provisions regarding data practices also apply. The Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rapes of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court. All parties acknowledge and agree that Minn. Stat. § 13.03, subdivision 4(e) requires that the BCA and the Agency comply with the Rules of Public Access for those data received from Court under the Court Data Services Subscriber Amendment. All parties also acknowledge and agree that the use of, access to or submission of Court Records, as that term is defined in the Court Data Services Subscriber Amendment, may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law, All parties acknowledge and agree that these applicable restrictions must be followed in the appropriate circumstances. 9 investigation of alleged violations; sanctions For purposes of this clause, "Individual User" incans an employee or contractor of Agency. 9A Investigation. Agency and BCA agree to cooperate in the investigation and possible prosecution of suspected violations of federal and state law referenced in this. Agreement. Agency and BCA agree to cooperate in the investigation of suspected violations of the policies and procedures referenced in this Agreement. When BCA becomes aware that a violation may have occurred, BCA will inform Agency of the suspected violation, subject to any restrictions in applicable law, When .agency becomes aware that a violation has occurred, Agency will inform BCA subj ect to any restrictions in applicable law. 9,2 Sanctions Involving Only BCA Systems and 'Tools. The foliovving provisions apply to BCA. sysGems and tools not covered by the Court Data Services Subscrib�tr TvVUT Contract # 107114 MIV0020400 Amendment. None of these provisions alter the Agency's internal discipline processes, including those governed by a collective bargaining agreement. 9.2.1 For BCA systems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency must determine if and when an involved Individual User's access to systems or tools is to be temporarily or permanently eliminated. The decision to suspend or terminate access may be made as soon as alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. Agency must report the status of the Individual User's access to BCA without delay. BCA reserves the right to make a different determination concerning an Individual User's access to systems or tools than that made by Agency and. BCA's determination controls. 9.2.2 If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause 9.2, BCA may temporarily stop providing some or all the systems or tools under this Agreement until the failure is remedied to the BCA's satisfaction. If Agency's failure is continuing or repeated, Clause 11.1 does not apply and BCA may terminate this Agreement immediately. 9.3 Sanctions Involving Only Court Data Services The following provisions apply to those systems and tools covered by the Court Data Services Subscriber Amendment, if it has been signed by Agency. As part of the agreement between the Court and the BCA for the delivery of the systems and tools that are covered by the Court Data Services Subscriber Amendment, BCA is required to suspend or terminate access to or use of the systems and tools either on its own initiative or when directed by the Court. The decision to suspend or terminate access may be made as soon as an alleged violation is discovered, after notice of an alleged violation is received, or after an investigation has occurred. The decision to suspend or terminate may also be made based on a request from the Authorized Representative of Agency. The agreement further provides that only the Court has the authority to reinstate access and use. 9.3.1 Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency's Individual Users violate the provisions of that Amendment, access and use will be suspended by BCA or Court. Agency also understands that reinstatement is only at the direction of the Court. 9.3.2 Agency further agrees that if Agency believes that one or more of its Individual Users have violated the terms of the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 10 Venue Venue for all legal proceedings involving this Ab eernent, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 11 Termination 11.1 Terini3,iafio n. The BCA. or the Agency may terminate this Agreement at any time, with or vrithout cause, upon 30 days' vvritten notice to the other party's Authorized .Representative. 11.2 7erillina.tionfor InEtiffz"'ciesrt Fundin Either party 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 notice to the other party's authorized representative. The Agency is not obligated to pay for any services that are provided after notice and effective date of termination, However, the BCA v ill be entitled to payment; determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. Neither party will 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. Notice of the lack of funding inust be provided within a reasonable time of the affected party receiving that notice. 12 Continuinb oblagat €orrs The following clauses survive the expiration or cancellation of this 1.grcement 6. Li- ability; 7. Audits; 8. Govenunerat Data practice:;; 9. Invcsugatron of allcged violations, sanctions, and lt).Venw- 5 SWIFT Contract # 107114 MN0020400 The parties indicate their agreement and authority to execute this Agreement by signing heelow. 1. AGENCY Name: Gary L. Person Title: Mayor Date: Name: Katie Bruno Si-ned: Title: City Clerk Date: 6 2, DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: ut (PRINTED) Signed: Title: (with d6i,� ated authority) Date: 3. COMMISSIONER OFA)MINISTRATION delegated toMatetialsManagement Division By: IAW Date: