III. 3. Approve State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension Joint Powers Agreement with the Hopkins HRADecember 6, 2022 HRA Report 2022-12
Joint Powers Agreement with the State of Minnesota, Bureau of Criminal
Apprehension and the Hopkins HRA
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution 549
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 and Bureau of Criminal Apprehension (BCA).
Currently the Hopkins HRA, has indirect access to many BCA databases through the
Hopkins Police Department. These include but are not limited to; access to
computerized criminal history records, Predatory Offender 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?
Supporting Information
• State of Minnesota Joint Powers Agreement #217355
• HRA Resolution #549
HRA Report 2022 - 12
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 through 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 their job.
___________________________
Signature
Executive Director
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State of Minnesota
Joint Powers Agreement
This Agreement is between the State of Minnesota, acting through its Department of Public Safety on behalf of the
Bureau of Criminal Apprehension ("BCA"), and the City of Hopkins on behalf of its Housing and Redevelopment Authority
("Governmental Unit"). The BCA and the Governmental Unit may be referred to jointly as “Parties.”
Recitals
Under Minn. Stat. § 471.59, the BCA and the Governmental Unit are empowered to engage in 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 political subdivisions as defined under Minn. Stat. § 299C.46, subd. 2 and subd. 2(a).
The Governmental Unit 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 political subdivisions in performing their duties. The Governmental Unit wants to access
data in support of its official duties.
The purpose of this Agreement is to create a method by which the Governmental Unit 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
1 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 Governmental Unit with access to the Minnesota Criminal Justice
Data Communications Network (CJDN) and those systems and tools which the Governmental Unit 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 Governmental Unit use the Governmental Unit’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 Governmental Unit go to another Governmental
Unit to obtain data and information from BCA’s systems and tools. This method of access generally
results in the Governmental Unit with indirect access obtaining the needed data and information in a
physical format like a paper report.
C. Computer-to-Computer System Interface occurs when the Governmental Unit’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, Governmental Unit employees or contractors may use any of these
methods to use BCA’s systems and tools as described in this Agreement. Governmental Unit will select a
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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, BCA may
provide Governmental Unit with access to the Federal Bureau of Investigation (FBI) National Crime
Information Center.
2.4 Governmental Unit 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.
Governmental Unit has created its own policies to ensure that Governmental Unit’s employees and
contractors comply with all applicable requirements. Governmental Unit 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://bcanextest.x.state.mn.us/launchpad/.
2.5 Governmental Unit Resources. To assist Governmental Unit 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://bcanextest.x.state.mn.us/launchpad/cjisdocs/docs.cgi?cmd=FS&ID=795&TYPE=DOCS.
2.6 Access Granted.
A. Governmental Unit is granted permission to use all current and future BCA systems and tools for
which Governmental Unit is eligible. Eligibility is dependent on Governmental Unit (i) satisfying all
applicable federal or state statutory requirements; (ii) complying with the terms of this Agreement;
and (iii) acceptance by BCA of Governmental Unit’s written request for use of a specific system or tool.
B. To facilitate changes in systems and tools, Governmental Unit grants its Authorized Representative
authority to make written requests for those systems and tools provided by BCA that the
Governmental Unit needs to meet its criminal justice obligations and for which Governmental Unit is
eligible.
2.7 Future Access. On written request from the Governmental Unit, BCA also may provide Governmental Unit
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. Governmental Unit agrees to be
bound by the terms 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. Governmental Unit 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.
2.9 Supersedes Prior Agreements. This Agreement supersedes any and all prior agreements between the BCA
and the Governmental Unit 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 the
Governmental Unit 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 Governmental Unit conducted a
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particular transaction.
If Governmental Unit 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 Governmental Unit’s method of access is a computer-to-computer interface as described in Clause
2.2C, the Governmental Unit must keep a transaction record sufficient to satisfy FBI-CJIS requirements and
permit the audits described in Clause 7 to occur.
If a Governmental Unit accesses data from the Driver and Vehicle Services Division in the Minnesota
Department of Public Safety and keeps a copy of the data, Governmental Unit must have a transaction
record of all subsequent access to the data that are kept by the Governmental Unit. 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 Governmental Unit if the Governmental Unit 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 the Governmental
Unit under Clause 2.6 above. The Court Data Services 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 Governmental Unit’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
Governmental Unit 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 Governmental Unit.
3 Payment
The Governmental Unit currently accesses the criminal justice data communications network described in Minn.
Stat. §299C.46. The bills are sent annually for a total annual cost of Six Hundred Dollars ($600.00).
The Governmental Unit 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 Governmental Unit 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.
4 Authorized Representatives
The BCA’s Authorized Representative is the person below, or her successor:
Name: Dana Gotz, Deputy Superintendent
Address: Minnesota Department of Public Safety; Bureau of Criminal Apprehension
1430 Maryland Avenue
Saint Paul, MN 55106
Telephone: 651.793.1007
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Email Address: Dana.Gotz@state.mn.us
The Governmental Unit’s Authorized Representative is the person below, or his/her successor:
Name: Muse Mohamed, Executive Director
Address: 1010 1st St S
Hopkins, MN 55343
Telephone: 952.548.6345
Email Address: mmohamed@hopkinsmn.com
5 Assignment, Amendments, Waiver, and Agreement Complete
5.1 Assignment. Neither party may assign nor transfer any rights or obligations under this Agreement.
5.2 Amendments. 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 Waiver. 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 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the
Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be
used to bind either party.
6 Liability
Each party 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 and other applicable laws, governs the Governmental Unit’s liability.
7 Audits
7.1 Under Minn. Stat. § 16C.05, subd. 5, the Governmental Unit’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 Governmental Unit’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 the Governmental Unit accesses federal databases, the Governmental Unit’s records are subject to
examination by the FBI and BCA; the Governmental Unit will cooperate with FBI and BCA auditors and make
any requested data available for review and audit.
7.4 If the Governmental Unit accesses state databases, the Governmental Unit’s records are subject to
examination by the BCA: the Governmental Unit will cooperate with the BCA auditors and make any
requested data available for review and audit.
7.5 To facilitate the audits required by state and federal law, Governmental Unit is required to have an
inventory of the equipment used to access the data covered by this Agreement and the physical location of
each.
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8 Government Data Practices
8.1 BCA and Governmental Unit. The Governmental Unit 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
Governmental Unit 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 Governmental Unit or the BCA.
8.2 Court Records. If Governmental Unit 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 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 BCA and the
Governmental Unit 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” means an employee or contractor of Governmental Unit.
9.1 Investigation. The Governmental Unit and BCA agree to cooperate in the investigation and possible
prosecution of suspected violations of federal and state law referenced in this Agreement. Governmental
Unit 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 Governmental Unit of the suspected violation, subject to any restrictions in applicable law. When
Governmental Unit becomes aware that a violation has occurred, Governmental Unit will inform BCA
subject to any restrictions in applicable law.
9.2 Sanctions Involving Only BCA Systems and Tools.
The following provisions apply to BCA systems and tools not covered by the Court Data Services Subscriber
Amendment. None of these provisions alter the Governmental Unit 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,
Governmental Unit 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. Governmental Unit 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
Governmental Unit and BCA’s determination controls.
9.2.2 If BCA determines that Governmental Unit 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 Governmental Unit’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 Governmental Unit. 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
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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 Governmental Unit. The agreement further provides that only the
Court has the authority to reinstate access and use.
9.3.1 Governmental Unit understands that if it has signed the Court Data Services Subscriber Amendment
and if Governmental Unit’s Individual Users violate the provisions of that Amendment, access and
use will be suspended by BCA or Court. Governmental Unit also understands that reinstatement is
only at the direction of the Court.
9.3.2 Governmental Unit further agrees that if Governmental Unit 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 Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
11 Termination
11.1 Termination. The BCA or the Governmental Unit may terminate this Agreement at any time, with or without
cause, upon 30 days’ written notice to the other party’s Authorized Representative.
11.2 Termination for Insufficient Funding. 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 Governmental Unit is not obligated to pay for any
services that are provided after notice and effective date of termination. However, the BCA will 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 must be provided within a reasonable time of the affected party receiving that notice.
12 Continuing Obligations
The following clauses survive the expiration or cancellation of this Agreement: Liability; Audits; Government Data
Practices; 9. Investigation of Alleged Violations; Sanctions; and Venue.
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The Parties indicate their agreement and authority to execute this Agreement by signing below.
1. GOVERNMENTAL UNIT
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: _________Board Chair__________________________________
(with delegated authority)
Date: ______________________________________________
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ____Executive Director_________________________________
(with delegated authority)
Date: ______________________________________________
2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION
Name: _____________________________________________
(PRINTED)
Signed: ____________________________________________
Title: ______________________________________________
(with delegated authority)
Date: ______________________________________________
3. COMMISSIONER OF ADMINISTRATION
As delegated to the Office of State Procurement
By: ______________________________________________
Date: _____________________________________________
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 549
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS
AGREEMENTS WITH THE HOPKINS HRA
WHEREAS, the Hopkins HRA, desires to enter into Joint Powers Agreements with the State of
Minnesota, Department of Public Safety, Bureau 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
Agreements further provide the 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 Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the
Hopkins HRA, are hereby approved. A copy of the Joint Powers Agreement is attached to this
Resolution and made a part of it.
2. That the Executive Director for the HRA public housing program, Muse Mohamed, or her
successor, is designated the Authorized Representative for 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.
Adopted this 6th Day of December, 2022.
________________________________
Patrick Hanlon, HRA Board Chair
ATTEST:
____________________________________
Muse Mohamed, Executive Director
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 549
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS
AGREEMENTS WITH THE HOPKINS HRA
WHEREAS, the Hopkins HRA, desires to enter into Joint Powers Agreements with the State of
Minnesota, Department of Public Safety, Bureau 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
Agreements further provide the 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 Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the
Hopkins HRA, are hereby approved. A copy of the Joint Powers Agreement is attached to this
Resolution and made a part of it.
2. That the Executive Director for the HRA public housing program, Muse Mohamed, or her
successor, is designated the Authorized Representative for 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.
Adopted this 6th Day of December, 2022.
________________________________
Patrick Hanlon, HRA Board Chair
ATTEST:
____________________________________
Muse Mohamed, Executive Director