II. ITEM 2017-05 Joint Powers Agreement with State of Minnesota, Bureau of Criminal Apprehension and Hopkins HRA; adopt Resolution 520September12, 2017 HRAReport 2017-05
Joint Powers Agreement with the State of Minnesota, Bureau of Criminal
Apprehension and the Hopkins HRA
Proposed Action
Staff recommends approvalof the following motion: Move to adoptResolution 520,
approving the State of Minnesota, Department of Public Safety, Bureau of Criminal
Apprehension Joint Powers Agreement with the Hopkins HRA.
Overview
The Hopkins Police Department and the Hopkins HRA have enjoyed an ongoing
partnership with the State of Minnesota,Bureau of Criminal Apprehension (BCA).
Currently the Hopkins HRAhas indirect access tomany BCA databasesthrough the
Hopkins Police Department. These include but are not limited to:access to
computerized criminal history records, PredatoryOffender Registry, MRAP (Minnesota
Depository of Arrest Photos), NCIC/FBI records including Hot Files (stolen property and
missing persons) and network access.
The State of Minnesota is requesting approval of a Joint Powers Agreement to update
the current agreement.The new agreement is for five years.
Primary Issues to Consider
How does this benefit the Hopkins HRA?
Are there additional costs?
Supporting Information
Analysis of the Issues
State of Minnesota Joint Powers Agreement#119825
HRA Resolution 520
___________________________
Signature
ExecutiveDirector
HRA Report 2017-05
Page 2
How does this benefit the Hopkins HRA?
Reduces the number of individual agreements that need to get HRA Board
approval.
Increases options for additional criminal background services and access to
databases without additional agreements.
This thorough type of housing check provides excellent information regarding
prospective applicants and helps the HRA in approving or denying applicants in
relation to criminal history.
Allows the Hopkins Police Department continued access on behalf of the HRA to
necessary databases and network services to perform theirjob.
Are there additional costs?
There are no additional costs to the Hopkins Police Department or the HRA
unless additional services that require a fee are institutedby the BCA in the
future.
SWIFT Contract # 119825
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STATE OF MINNESOTA
JOINT POWERS AGREEMENT
AUTHORIZEDAGENCY
This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal
Apprehension("BCA") and the Hopkins Housing and Redevelopment Authority("Agency").
Recitals
Under Minn. Stat. § 471.59, the BCAand the Agency are empowered to engage in thoseagreements thatare necessary to
exercise their powers. Under Minn. Stat.§ 299C.46 the BCAmust provide a criminal justice data communications
networkto benefit authorizedagencies in Minnesota. The Agency is authorized by law to utilize the criminal justice data
communications networkpursuant to the terms set out in this agreement.In addition, BCAeither maintains repositories
of data or has accessto repositories of data that benefit authorizedagencies in performing their duties. Agency wants to
access these data in support of its officialduties.
The purpose of this Agreement is to create a method by which the Agency has access to those systemsand tools for which
it has eligibility, and to memorialize the requirements to obtain access and the limitations on the access.
Agreement
1Term of Agreement
1.1Effective date:This Agreementis effective on the date the BCAobtains all required signatures under Minn.
Stat.§16C.05, subdivision 2.
1.2Expiration date:This Agreementexpires five years from the date it is effective.
2Agreement between the Parties
2.1General access.BCAagreesto provide Agency with access to the Minnesota CriminalJustice Data
Communications Network (CJDN) 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.
2.2Methods of access.
The BCAoffers three (3) methodsof access toits systems and tools. The methodsof access are:
A. Direct accessoccurs 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 ofBCA’s
systems or tools.
B. Indirect accessoccurs when individual users at the Agency go to another Agency to obtain data and
information from BCA’s systems and tools. This methodof access generally results in the Agency with indirect
access obtainingthe needed data and information in a physical format like a paper report.
C. Computer-to-computer system interfaceoccurs when Agency’s computer exchangesdata and information
with BCA’s computer systems and toolsusing 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 BCA’s
systems and toolsas described in this Agreement. Agency will select a method of access and can change the
methodology following the process in Clause 2.10.
2.3 Federal systems access.In addition, pursuant to 28 CFR §20.30-38 and Minn. Stat. §299C.58, BCAmayprovide
Agency with access to the Federal Bureau of Investigation (FBI) National Crime Information Center.
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2.4Agency policies.Both theBCAand the FBI’s Criminal Justice Information Systems (FBI-CJIS) have policies,
regulations and lawson 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 appropriateenforcement. These BCAand FBI-CJISpolicies and regulations, as amended and
updated from time to time, are incorporated into this Agreement by reference. The policies are available at
https://bcanextest.x.state.mn.us/launchpad/
.
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 https://sps.x.state.mn.us/sites/bcaservicecatalog/default.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/bca/bca-
divisions/mnjis/Documents/BCA-Policy-on-Appropriate-Use-of-Systems-and-Data.pdf.
2.6Access granted.
A. Agency is granted permission to use all current and future BCAsystems 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 BCAof 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 make
written requests for those systems and tools provided by BCAthat the Agency needs to meet its criminal justice
obligations and for which Agency is eligible.
2.7Future access.On written request by Agency, BCAalso may provide Agency with access to those systems or
tools which may become available after the signing of this Agreement, to the extent that the access is authorized by
applicable state and federal law. Agency agrees to be bound by the terms and conditions contained in this Agreement
that when utilizing new systems or toolsprovided under this Agreement.
2.8Limitations on access. BCAagrees that it will comply with applicable state and federal laws when making
information accessible. Agency agrees 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.
2.9Supersedes prior agreements.This Agreement supersedes any and all prior agreements between the BCAand
the Agency regarding access to and use of systems and tools provided by BCA.
2.10Requirement 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 mustbe provided to the BCA in writing by
giving notice to the Service Desk, BCA.ServiceDesk@state.mn.us.
2.11Transaction record.The BCAcreates 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 2.2B, BCA’s
transaction record meets FBI-CJIS requirements.
When Agency’s method of access is a computer to computer interface as described in Clause 2.2C, the Agency must
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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
Safetyand keeps a copy of the data, Agency must have a transaction record of all subsequent access to the data that
are kept bythe 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.
2.12Court information access.CertainBCAsystems and tools that include access toand/or submission ofCourt
Recordsmay only be utilized by the Agency if the Agency completesthe Court Data Services Subscriber
Amendment,which upon execution will be incorporated into this Agreement by reference. These BCA systems and
tools are identified inthe written requestmade by Agencyunder Clause2.6 above.The Court Data Services
Subscriber Amendmentprovides important additional terms, including but not limited to privacy (see Clause8.2,
below), fees (see Clause3 below),and transaction records or logs, that govern Agency’s access to and/or submission
of the Court Recordsdelivered through the BCA systems and tools.
2.13 Vendorpersonnel screening.TheBCA 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.
3Payment
The Agency currently accesses the criminal justice data communications network described in Minn.Stat. §299C.46.
No charges will be assessed to the agency as a condition of this agreement.
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, additional fees, if any, are addressed in that amendment.
4Authorized Representatives
The BCA's Authorized Representative is Dana Gotz, Department of Public Safety, Bureau of Criminal Apprehension,
Minnesota Justice Information Services, 1430 Maryland Avenue, St. Paul, MN 55106, 651-793-1007, or her
successor.
st
The Agency's Authorized Representative is Kersten Elverum, 1010 1Street S, Hopkins, MN 55343-7558,
(952) 548-8474,or his/her successor.
5Assignment, Amendments, Waiver, and Contract Complete
5.1Assignment.Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2Amendments.Any amendment to this Agreement, except those described in Clauses2.6and 2.7abovemust 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.
5.3Waiver.If either party fails to enforce any provision of this Agreement, that failure does not waive the provision
or the right to enforce it.
5.4Contract Complete.This Agreementcontains all negotiations and agreements between the BCAand the Agency.
No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.
6Liability
Each party will be responsiblefor 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.
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Ch.466,governs the Agency’s liability.
7Audits
7.1Under Minn. Stat. § 16C.05, subd. 5, the Agency’s books, records, documents, internal policies and accounting
procedures and practicesrelevant to this Agreementare subject to examination by the BCA, the StateAuditor 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.
7.2Under applicable state and federal law, theAgency’s records are subject to examination by the BCAto ensure
compliance with laws, regulations and policies about access, use, and dissemination of data.
7.3If Agency accesses federal databases, the Agency’s records are subject to examination by the FBI and Agency will
cooperate with FBI examiners and make any requested data available for review and audit.
7.4To facilitate the audits required by state and federal law, Agency is required to have an inventory of the equipment
used to access the datacovered by this Agreement and the physical location of each.
8Government Data Practices
8.1BCAand Agency.The Agency and BCAmust comply with the Minnesota Government Data Practices Act,
Minn. Stat. Ch. 13, as it applies to all data accessible underthis Agreement, and as it applies to all data created,
collected, received, stored, used, maintained, or disseminated by the Agency under 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 following 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 Rules
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 BCAand the Agency comply with
the Rules of Public Accessfor those data received from Court under the Court Data Services Subscriber Amendment.
All parties also acknowledge and agree that theuse of,access to or submission ofCourt 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.
9Investigation of alleged violations; sanctions
For purposes of this clause, “Individual User” means an employee or contractor of Agency.
9.1Investigation. 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 subject to any restrictions in applicable law.
9.2SanctionsInvolving Only BCA Systems and Tools.
The following provisions apply to BCAsystems and tools not covered by the Court Data Services Subscriber
Amendment.None ofthese provisions alter the Agency’s internal discipline processes, including those governed by a
collective bargaining agreement.
9.2.1For BCAsystems and tools that are not covered by the Court Data Services Subscriber Amendment, Agency
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must determine if and when an involved Individual User’saccess 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 isreceived, or after an investigation has occurred. Agency must report
the status of the Individual User’saccess to BCA without delay. BCA reserves the right to make a different
determination concerning an Individual User’s access to systems or tools thanthat made by Agency and BCA’s
determination controls.
9.2.2If BCA determines that Agency has jeopardized the integrity of the systems or tools covered in this Clause9.2,
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 SanctionsInvolving 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 Representativeof Agency. The agreement
further provides that only the Court has the authority to reinstate access and use.
9.3.1Agency understands that if it has signed the Court Data Services Subscriber Amendment and if Agency’s
Individual Usersviolate the provisions of that Amendment, accessand use will be suspended by BCA or Court.
Agency also understands that reinstatement is only at the direction of the Court.
9.3.2Agency further agrees that if Agency believes that one or more of its Individual Usershave violated the terms of
the Amendment, it will notify BCA and Court so that an investigation as described in Clause 9.1 may occur. 宀
10Venue
Venue for all legal proceedings involving this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11Termination
11.1Termination.The BCAor the Agency may terminate this Agreementat any time, with or without cause, upon 30
days’ written notice to the other party’s Authorized Representative.
11.2Termination for Insufficient Funding.Either partymay immediately terminate this Agreementif 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 BCAwill be entitled topayment, 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 otherfunding source, not to
appropriate funds. Notice of the lack of funding must be provided within a reasonable time of the affected party
receiving that notice.
12Continuing obligations
The following clauses survive the expiration or cancellation of thisAgreement: 6. Liability; 7. Audits; 8. Government
Data Practices; 9. Investigation of alleged violations; sanctions; and 10.Venue.
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The parties indicate their agreement and authority to execute this Agreement by signing below.
1. AGENCY2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF
CRIMINAL APPREHENSION
Name: _____________________________________________
(PRINTED)
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
Date: ______________________________________________
3.COMMISSIONER OF ADMINISTRATION
Name: _____________________________________________delegated to Materials Management Division
(PRINTED)
By: ______________________________________________
Signed: ____________________________________________
Date: _____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
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HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTIONNO. 520
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS
AGREEMENT WITH THE HOPKINS HRA
WHEREAS, the Hopkins HRAdesires to enter into Joint Powers Agreement with the
State of Minnesota, Department of Public Safety andBureau of Criminal Apprehension to use
systems and tools available over the State’s criminal justice data communications network for
which the Hopkins HRA,in cooperation with the Hopkins Police Department,is eligible. The
Joint Powers Agreementfurther providesthe HRA,in cooperation with the Hopkins Police
Department,with the ability to add, modify and delete connectivity, systems and tools over the
five-year life of the agreement.
NOW, THEREFORE, BE IT RESOLVED by the Authority Board of Commissioners of
Hopkins, Minnesota,as follows:
1. That the State of Minnesota Joint Powers Agreement by and between the State of Minnesota,
acting through its Department of Public Safety,Bureau of Criminal Apprehension and the
Hopkins HRA,ishereby approved. A copyof the Joint Powers Agreement isattached to this
Resolution and made a part of it.
2. That the Executive Director for the HRA public housing program,Stacy Unowsky,or her
successor,is designated the Authorized Representativefor the HRA.The Authorized
Representative is also authorized to sign any subsequent amendment or agreement that may be
required by the State of Minnesota to maintain the City’s connection to the systems and tools
offered by the State.
th
Adopted this19day of September2017.
________________________________
HRA Board Chair
ATTEST:
____________________________________
Executive Director