HomeMy WebLinkAboutVIII-11 Criminal Justice Service Agreement
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: June 20, 2022
Item: Criminal Justice Service Agreement
Council Action Requested:
Approve Criminal Justice Service Agreement (CJN Contract #C0035401) to engage services
under the new CJN JPA.
Background Information:
Hastings has been a member of a cooperative partnership that addresses the needs of criminal
justice information, technology and data transfer between criminal justice partners for over two
decades. Criminal Justice Network (CJN) provides criminal justice networking and products to
include scheduling, field-based reporting (FBR) and a records management system (RMS).
Additionally, a file sharing and transfer system is in place to process, transfer and/or share
criminal justice data with courts, jail services, probation, and social services, just to name a few.
Over the last few years, discussions took place with Dakota County and board members to move
CJN from being a subset of Dakota County and make it a separate JPA organization. The
Hastings City Council approved the new JPA on December 20, 2021. In June 2022, the Dakota
County Attorney’s Office sent the attached Agreement to engage services under the new CJN
JPA.
Financial Impact:
Not applicable
Committee Discussion:
City Council approved the new CJN JPA on Dec 20, 2021.
Attachment:
Criminal Justice Service Agreement Agreement Between the Criminal Justice Network
and City of Hastings
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CJN Contract Number: C0035401
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Criminal Justice System Services Agreement
Between the Criminal Justice Network
And City of Hastings, MN
THIS CRIMINAL JUSTICE SYSTEM SERVICES AGREEMENT (the “Agreement”) is made and entered into by and
between the Criminal Justice Network, a joint powers organization created pursuant to Minn. Stat. § 471.59, located
at 8150 Barbara Ave. Inver Grove Heights, MN 55077, (“CJN”), and the City of Hastings, located at 101 4th Street
East, Hastings, MN 55033, (“the Agency”). CJN and the Agency are referred to individually as a “Party” and
collectively as the “Parties.” The Parties enter into this Agreement pursuant to the authority in Minn. Stat. §471.59.
1. Definitions.
“Agency Data” means the data that the Agency’s Permitted Users enter into the CJN System.
“CJN System” means the Internet site operated by CJN, accessible by the Agency through secure access points,
with a specific Uniform Resource Locator (URL) to be provided to the Agency (or any successor URL).
“Days” refers to calendar days, unless stated differently in the Agreement or its Attachments.
“Documentation” means any CJN user manuals, training or education materials, technical manuals, and
specifications describing the System Software and Services created by CJN, and any Provider Content made
available to the Agency in printed and/or electronic form, including all Updates.
“Downtime” means a loss of service ability that is five (5) minutes or more in duration. A Downtime Event does not
include: (a) scheduled maintenance or repairs in accordance with Sections 3.2 and 3.3; (b) disruptions of service
caused by issues beyond CJN’s control, such as denial of service attacks, disruptions of third-party supporting
systems (e.g., ISP), disruptions of third-party interfacing systems (e.g., Minnesota Bureau of Criminal
Apprehension, MNCIS, LOGIS, etc.), end-user computer issues, catastrophic hardware failures, or outages
resulting from a force majeure event as defined in the Agreement.
“Equipment” means the minimum required hardware and operating environment used by the Agency to access the
CJN System as detailed in Attachment B to this Agreement.
“Permitted User” means the Agency’s employees and agents who are provided access to the System Software in
accordance with the procedures in Section 9 of this Agreement.
“Provider Content” means CJN’s reports, information, and data, other than the Agency’s Data, made available to
the Agency and its Permitted Users as part of the Services.
“Services” means the operation and maintenance of the System Software and utilities in CJN’s host computer
system, providing Provider Content to the Agency storing Agency Data, and making the System Software, Provider
Content, and Agency Data available to Permitted Users via the CJN System, as more fully described in the System
Overview. Services do not include integrating the CJN System or Agency Data with any application or computer
system outside of the CJN Applications.
“System Software” means CJN’s proprietary computer software program(s) set forth in Attachment A to this
Agreement (the “System Overview”), in object code form only, including all Updates.
“Update” means, as applicable, any update, modification, or new release of the System Software, Documentation,
or Provider Content that CJN makes generally available to the Agency.
2. Provision of On-line Services.
2.1. The Agency hereby engages CJN, and CJN hereby agrees to provide the Services described in this
Agreement and in the System Overview. CJN agrees to provide the Services to the Agency in
accordance with this Agreement and grants to the Agency a non-exclusive, non-assignable, and non-
transferable license during the Term of this Agreement to enter Agency Data into the CJN System and
for its Permitted Users to access and use the System Software and Provider Content.
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2.2. The Agency acknowledges and agrees that CJN’s provision and performance of the Services is
dependent and conditioned upon the Agency’s full performance of its duties, obligations, and
responsibilities hereunder.
2.3. The Liaisons of the respective Parties for purposes of this Agreement are as follows:
Agency Liaison: David Wilske
Telephone: 651-480-2332
Email Address: dwilske@hastingsmn.gov
CJN Liaison: Mary Cerkvenik
Telephone: 651-438-4559
Email Address: mary.cerkvenik@co.dakota.mn.us
The Liaison, or successor, has authority to assist the Parties in the day-to-day performance of this
Agreement, ensure compliance, and provide ongoing consultation related to the performance of this
Agreement. The Parties shall promptly provide Notice to each other when a Liaison’s successor is
appointed. The Liaison’s successor shall thereafter be the Liaison.
3. Additional CJN Responsibilities.
3.1. CJN will provide all required hosting and operations support for the applications described in the
System Overview.
3.2. CJN will cause the Services to be accessible to the Agency, except for scheduled maintenance or
required repairs, and except for any interruption due to causes beyond the reasonable control of CJN
including, but not limited to, any Force Majeure Event (as defined in Section 17).
3.3. CJN may from time to time, in its sole discretion, install Updates, modify the Services or any
component thereof provided that such Updates must perform and contain functionality that is
equivalent to or better than the current version of the Services. CJN will complete such installations
and modifications to minimize any impact on the Agency’s use of the System Software and Services.
CJN will notify the Agency Liaison by standard methods of notification such as email, system generated
messages on the System home page for Agency users, or similar communication methods, in advance
of the installation of an Update or modification to the Services.
3.4. CJN will provide support and System maintenance to the Agency as more fully described in this
Agreement and the System Overview.
3.5. If requested, CJN will provide best practices advice to the Agency for implementing the Services at the
Agency’s business locations.
3.6. CJN will provide training on the use of CJN’s System for the Agency’s Permitted Users as set forth in
Section 8 of this Agreement.
3.7. CJN is responsible for ensuring that its Services and the performance of CJN’s other obligations
hereunder comply with all laws applicable to CJN.
4. Agency Responsibilities.
4.1. The Agency will provide, at no cost to CJN, all communications equipment, telephone and
communication lines, power, telephone service and other utilities at the Agency’s facilities as may be
necessary or reasonably desirable to utilize the Services and accomplish the purposes of this
Agreement.
4.2. The Agency will provide, at no cost to CJN, the necessary personnel and facilities to meet the Agency’s
obligations hereunder.
4.3. The Agency will follow the identity management procedures and provide the first-line support,
maintenance, and other services more fully described in this Agreement and the System Overview and
such other procedures and services as the Parties may establish from time to time.
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4.4. The Agency agrees that CJN's logos may appear on the pages of the Agency’s web site or the
Agency’s internal criminal justice applications screens.
4.5. The Agency will be responsible for ensuring that the Agency’s use of the Services and the performance
of its other obligations hereunder comply with this Agreement and all laws applicable to the Agency.
5. System Features and Configuration.
The Agency acknowledges and agrees that it will be using criminal justice applications that are also utilized by
other criminal justice agencies in the State of Minnesota. The capabilities and functions of the System Software
now and in the future will be determined primarily by direction from the CJN Board and available funding. When
settings or features have been added to the System Software that are designed by CJN to be configurable for
specific users of the System, the Parties will work cooperatively to identify System features or functionality
(common practices, processes, and procedures conducted by the Agency in day-to-day operations as they relate to
utilizing the System Software and Provider Content) that are configurable to best fit the Agency’s business
practices. CJN will set available configurations in the System Software for the Agency or will train designated
Agency staff how to configure the Services and System Software.
6. Ownership, Protection and Security.
6.1. The Agency acknowledges and agrees that nothing in this Agreement or any other agreement grants
the Agency any licenses or other rights with respect to CJN’s Software System (source code or object
code) or Services other than the right to receive Services as expressly provided herein. CJN retains all
ownership in the intellectual property and all other proprietary rights and interests associated with
CJN’s Software System and Services and all components thereof and associated documentation,
except as expressly provided herein.
6.2. Ownership of any Agency Data including text, graphics or other information or content materials and all
records and databases supplied or furnished or entered into the System by the Agency hereunder for
incorporation into or delivery through the application(s) described in the System Overview will remain
with the Agency and CJN will cease use of all such material upon termination of this Agreement.
6.3. CJN grants to the Agency a limited license during the term of this Agreement to use and reproduce
CJN's trademarks and logos for purposes of including such trademarks and logos in Agency’s materials
and links solely as permitted hereunder. All uses of such trademarks and logos will conform to the
Agency’s standard guidelines and requirements for use of such trademarks and logos.
6.4. By storing Agency Data on CJN’s equipment and System, CJN does not obtain any ownership interest
in Agency’s Data. As between the Agency and CJN, Agency’s Data is and will remain the sole and
exclusive property of the Agency, including all applicable rights to copyrights, trademarks or other
proprietary or intellectual property rights thereto.
7. Implementation.
If the Agency has never used the Services before, the parties will complete a mutually agreed-upon implementation
plan that includes an access schedule and a System training and testing schedule.
8. Maintenance/Support/Training.
CJN will provide the Agency and its Permitted Users with technical support and training regarding the use of the
Services. The technical support will include: (i) unlimited telephone, facsimile and e-mail “hot-line” support during
CJN’s business hours, and (ii) other support set forth in Attachment B to this Agreement. CJN will provide the
Agency with any training materials and documentation it has created for use by Permitted Users and the Agency’s
internal trainers.
9. Identity Management Responsibilities.
9.1. User Access Restrictions. The Parties acknowledge and agree that access to the System Software and
Services will be restricted to Agency’s Permitted Users who have a business need to enter and view
Agency Data or Provider Content. The Agency will restrict access to the System to Permitted Users
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with verified identities that have created a digital identity on the CJN System using the procedures in
this Section 9.
9.2. Request for Access.
9.2.1. The Agency commences the identity authentication process by completing and electronically
submitting a request for CJN system access in the CJN Administration Application. The
Agency official or employee signing this Agreement cannot be the same person who completes
the request for access.
9.2.2. The request for access must be signed by two Agency employees: the person initiating the
request for access and another person approving the request for access. These signatures
may be electronic signatures.
9.2.3. The Agency may authorize one or more persons to initiate the request for access and one or
more persons to approve the request for access. These authorized persons can be identified
by name or by position title. The Agency must notify CJN of the authorized persons and the
Agency must provide notification of any changes to the list of authorized persons.
9.3. Permitted Users Digital Identities. The Agency must identify each Permitted User who will have access
to the CJN Software System or Services CJN will notify verified Permitted Users of the procedures for
creating a unique digital identity on the CJN system.
9.4. Terms and Conditions. When a Permitted User accesses the CJN System for the first time, the
individual will be presented with the Terms and Conditions for the acceptable use of the CJN System.
To create a digital identity in CJN System and access the CJN Applications, the Permitted User must
read and accept the Terms and Conditions.
10. Warranties & Exclusions.
10.1. Warranties.
10.1.1. CJN warrants that the System Software, Provider Content, and Services will conform in all
material respects to the specifications, functions, descriptions, standards, and criteria set forth
in this Agreement, its Attachments, and the applicable specifications and Documentation, not
including any modifications or alterations to the Documentation which represent a material
change to the functionality of the System Software, Service, or Provider Content; when used
on the Equipment in accordance with the Documentation and all of the terms and conditions
hereof.
10.1.2. CJN warrants that it is the sole owner of, or otherwise has the right and authority to provide,
the System Software, Provider Content and Services to the Agency and Permitted Users as set
forth in this Agreement.
10.2. In the event that the Agency discovers a non-conformance with any of CJN’s warranties or
representations as stated in this Agreement, the Agency must promptly provide CJN with Notice and,
upon receipt of such Notice: (i) CJN will correct the non-conformity within a reasonable period of time
not to exceed thirty (30) days without any additional charge to the Agency, or (ii) in the event that CJN
cannot effect such corrections within a reasonable time using best efforts, the Agency may immediately
terminate the Agreement by providing Notice to CJN.
10.3. THE SERVICE LEVEL WARRANTY SET FORTH HEREIN WILL ONLY APPLY TO THE SYSTEM
PROVIDED BY CJN AND DOES NOT APPLY TO: (A) ANY PROFESSIONAL SERVICES; (B) ANY
SUPPLEMENTAL SERVICES; (C) ANY SERVICE(S) THAT EXPRESSLY EXCLUDE THIS SERVICE
LEVEL WARRANTY (AS STATED IN THE SYSTEM OVERVIEW FOR SUCH SERVICES). THIS
SECTION STATES THE AGENCY’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY
CJN TO PROVIDE SERVICE(S).
10.4. No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS
AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND THE AGENCY’S
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USE OF THE SERVICES IS AT ITS OWN RISK. CJN DOES NOT MAKE, AND HEREBY
DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A
COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CJN DOES NOT WARRANT THAT THE
SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
10.5. Disclaimer of Actions Caused by and/or Under the Control of Third Parties. CJN DOES NOT
AND CANNOT CONTROL THE FLOW OF DATA BETWEEN THE POINT THAT THE CJN SYSTEM
CONNECTS TO THE INTERNET (WHETHER SECURE OR NOT) AND THE AGENCY’S OFFICE’S
FACILITIES AND EQUIPMENT. SUCH FLOW DEPENDS IN LARGE PART ON THE
PERFORMANCE OF THE INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD
PARTIES. ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT THE
AGENCY’S OFFICE’S CONNECTIONS TO CJN’S SYSTEM. ALTHOUGH CJN WILL USE
REASONABLE EFFORTS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS,
CJN CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, CJN
DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
11. Nondisclosure of Security or Trade Secret Information.
Through exercise of each Party’s rights under this Agreement, each Party may be exposed to the other Party’s
security information or trade secret information that is classified as not public data ("Confidential Information"). In
recognition of the other Party’s need to protect its legitimate business interests and legal obligations, each Party
agrees that it will regard and treat each item of information constituting Confidential Information of the other Party
as not public, and that, except as required by law including the Minnesota Government Data Practices Act, it will
not redistribute or disclose to any other person, firm or entity, or use or modify for use, directly or indirectly in any
way for any person or entity any of the other Party’s Confidential Information. If Confidential Information is required
by subpoena, court order or government requirement to be disclosed, each Party will give the other Party prompt
Notice of such subpoena, court order or government requirement to allow the other Party an opportunity to obtain a
protective order to prohibit or restrict such disclosure.
12. Data Security & Compliance.
12.1. CJN will, at a minimum, implement the following procedures designed to protect the security of Agency
Data: User identification and access controls; industry standard firewalls and back-up and archival
procedures; disaster recovery plan industry standard back-up and archival procedures; and regular
CJN employee training regarding the security and data recovery programs referenced in this Section.
12.2. The Parties additionally agree to the terms stated in Attachment C to this Agreement concerning data
access, sharing, management, and compliance.
13. Liability Limitations.
13.1. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON OR
ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER, FOR INDIRECT,
INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING,
WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF DATA, BREACH OF DATA
CONFIDENTIALITY, LOSS OF USE, OR BUSINESS STOPPAGE.
13.2. The cumulative, aggregate liability of CJN, its affiliates, officers, employees, or agents to Agency or any
other person or entity which arise out of or relate to this Agreement, or Agency, its affiliates, officers,
employees, or agents to CJN whether in contract, tort, or otherwise, must not exceed $60,000.
14. Indemnity.
Each Party (the “Indemnifying Party”) agrees to defend, indemnify, and hold harmless the other Party against any
and all claims, liability, loss, damage or expenses arising under the provisions of this Agreement and caused by or
resulting from negligent acts or omissions of the Indemnifying Party or those of the Indemnifying Party’s officers,
employees or agents. In the event claims, losses, damages, or expenses are caused by the joint or concurrent
negligence of CJN and Agency, they shall be borne by each Party in proportion to its own negligence. Under no
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circumstances will the Indemnifying Party be required to pay on behalf of itself and the other Party any amounts in
excess of the limits of liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The
limits of liability for all Parties may not be added together to determine the maximum amount of liability for either
Party. The intent of this paragraph is to impose on each Party a limited duty to defend and indemnify each other
subject to the limits of liability under Minnesota law. The purpose of creating this duty to defend and indemnify is to
simplify the defense of claims by eliminating conflicts among the Parties. Nothing in this Agreement will be
construed as a waiver by either Party of any immunity defenses or other limitations on liability to which either Party
is entitled by law. Notwithstanding the above, CJN will indemnify, defend, and hold harmless the Agency and its
officers, employees and agents with respect to claims, losses, damages, causes of action and liability of any kind,
including court costs, attorneys’ fees and expert witness fees (“Claims”) to the extent that it is based upon any third
party claim that the Services, System Software, Provider Content or Documentation infringes any copyright, patent,
trademark, trade secret or other intellectual property right of any third party (an “Infringement Claim”).
15. Term and Termination.
15.1. Term. This Agreement shall commence upon approval of each Party and signature of the official with
authority to bind the Party and shall remain in effect until December 31, 2026.
15.2. Termination. Either Party may immediately terminate this Agreement if the Services become illegal or
contrary to any applicable law, rule, regulation, or public policy. Either Party may terminate this
Agreement without cause upon ninety (90) days prior Notice.
15.3. Termination for Chronic Problems. The Agency may terminate this Agreement for cause and without
penalty by notifying CJN within ten (10) days following the end of a calendar month in the event either
of the following occurs: (i) the Agency experiences more than ten (10) Downtime events during the
calendar month; or (ii) the Agency experiences more than forty-eight (48) consecutive hours of
Downtime due to any single event. Such termination will be effective thirty (30) days after receipt of
such Notice.
16. Consideration.
Pursuant to the Joint Powers Agreement that formed CJN and in consideration for the Agency’s ongoing separate
financial contributions to CJN, CJN will provide the Services under this Agreement to Agency at no additional cost
during the Term.
17. Force Majeure.
Neither Party will be liable to the other Party for any damages, costs, expenses or other consequences incurred by
a Party or by any other person or entity as a result of delay in or inability to deliver any Services or comply with
other obligations and responsibilities under this Agreement due to circumstances or events beyond the Party’s
reasonable control, including, without limitation: (i) acts of God; (ii) changes in or in the interpretation of any law,
rule, regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv) transportation delays; (v)
unavailability of supplies or materials; (vi) fire or explosion; (vii) riot, military action or usurped power; or (viii)
actions or failures to act on the part of a governmental authority. If such circumstances occur, the nonperforming
Party shall, within a reasonable time of being prevented from performing, give Notice to the other Party describing
the circumstances preventing continued performance and the efforts made to resume performance of this
Agreement.
18. Miscellaneous.
18.1. Assignment. Agency may not assign its rights or obligations under this Agreement without the prior
written consent of CJN. CJN may assign its rights and obligations under this Agreement after providing
Notice to Agency.
18.2. Severability. The provisions of this Agreement are severable. If any provision of this Agreement is
void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this
Agreement unless the void, invalid, or unenforceable provision substantially impairs the value of the
entire Agreement with respect to either Party.
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18.3. Waiver and Amendment. No modification, amendment, or waiver of any provision of this Agreement is
effective unless in writing and signed by the Parties. No failure or delay by either Party in exercising
any right, power, or remedy under this Agreement operates as a waiver of any such right, power or
remedy.
18.4. Governing Law and Venue. This Agreement is governed by the laws of the State of Minnesota, and
the Parties hereby submit to exclusive jurisdiction in the federal and state courts located in Dakota
County, Minnesota for all disputes in connection with this Agreement or the transaction contemplated
hereby.
18.5. Authorized Representatives and Notices.
18.5.1. The Authorized Representatives of the respective parties for purposes of this Agreement are
as follows:
To Agency:
Dan Wietecha
Hastings City Administrator
101 4th Street East
Hastings, MN 55033
Telephone: 651-480-2326
dwietecha@hastingsmn.gov
To CJN:
Jim Constantineau
Board Chair
Criminal Justice Network
8150 Barbara Ave
Inver Grove Heights, MN 55077
jconstantineau@farmingtonmn.gov
Each Authorized Representative, or successor, has authority to bind the Party and sign this
Agreement. CJN’s Authorized Representative shall have only the authority granted by CJN’s
Board. The Parties shall promptly provide Notice to each other when an Authorized
Representative’s successor is appointed. The Authorized Representative’s successor shall
thereafter be the Authorized Representative for purposes of this Agreement.
18.5.2. Except as provided otherwise in this Agreement, any notice or demand (collectively, a “Notice”)
must be in writing and provided to the Party’s Authorized Representative by at least one of the
following: (i) registered or certified mail, in each case receipt requested and postage prepaid;
(ii) personal delivery; (iii) nationally recognized overnight courier, with tracking service and all
fees and costs prepaid; or (iv) email (except for Notices of termination). Notice will be effective
one business day after the date of mailing, personal delivery, or emailing.
18.6. Independent Contractors. CJN is an independent contractor. Nothing in this Agreement is intended to
create an employer and employee relationship between the Agency and CJN. CJN is not entitled to
receive any of the benefits received by Agency employees and is not eligible for workers’ or
unemployment compensation benefits. It is CJN’s sole obligation to comply with the applicable
provisions of all State and Federal tax laws. Under no circumstances will either Party have the right or
authority to enter into any contracts or assume any obligations for the other or to give any warranty to
or make any representation on behalf of the other.
18.7. Electronic Signatures. The Parties agree that this Agreement may be electronically signed and that
they are bound by the terms and conditions of the Agreement through their electronic signatures. The
parties further agree that the electronic signatures appearing on this Agreement are valid, enforceable,
and admissible.
18.8. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all
prior communications, understandings and agreements relating to the subject matter hereof, whether
oral or written.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date(s) set forth.
THE AGENCY
Approved by ___________
Resolution No. _________
Name
Title
Date of Signature
Approved by CJN Board CRIMINAL JUSTICE NETWORK
On May 20, 2022, Res. 13
Jim Constantineau
Board Chair
Date of Signature
Dakota County Attorney’s Office
Attorney for Criminal Justice Network Approved as to Form:
1560 Highway 55
Hastings, MN 55033 /s/ Lucie O’Neill 5/26/2022
651-438-4438 Attorney/Date
KS-22-245
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City Administrator
Dan Wietecha
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ATTACHMENT A
SYSTEM OVERVIEW
The CJN System includes the following applications:
eBriefing: eBriefing is a web application that enables the data entry, viewing, and tracking of police roll call briefing
information. Multiple categories of data are available and shared between law enforcement agencies. The
application includes notifications of situational changes, various levels of security, and advanced auditing. eBriefing
is upgraded on a regular basis based on the suggestions of the eBriefing user community.
Search, Preference, Clipboard: The CJN Search application provides criminal justice users the ability to search
local databases for briefing, forms, prisoner, warrant and arrest information. Configurable Preferences allow
agencies to customize the CJN applications for their personal and agency use. The Clipboard application is the
foundation for allowing personnel to enter information once, and then copy data to the CJN Clipboard to re-use that
information throughout the criminal justice process.
eForms: eForms is CJN’s field based reporting application for law enforcement. It is a web application that enables
the data entry, viewing, and tracking of law enforcement forms. Multiple form types are available to local agencies.
The application includes notifications of situational changes, various levels of security, and advanced auditing.
eForms is upgraded on a regular basis based on the suggestions of the eForms user community.
Scheduling: CJN Scheduling provides criminal justice users the ability to electronically create, modify, view, and
distribute staff work schedules. Scheduling includes the ability to set agency specific work patterns, work types,
teams/groups, and assignment areas for all staff as well as set the agency’s schedules for weeks, months, even
years in advance.
CJN Integration Hub: The CJN Integration Hub is based on Microsoft’s BizTalk integration middleware and is
used for the routing of information among CJN partners. Fully deployed, the Integration Hub will link regional
criminal justice information systems in Dakota County.
Sheriff’s Jail Transportation Management System: The CJN Sheriff’s Jail Transportation Management System
provides Minnesota sheriff’s offices with a software application that coordinates the scheduling of secure transports
of persons subject to detention for a criminal offense and of other persons according to a lawful duty or obligation,
all as defined and governed by the Mutual Aid Agreement by and between the participating sheriff’s offices.
Gun Permit Application for Processing Applications and Renewals and Conducting Background
Investigations: The CJN Gun Permit application allows easy processing of permit applications and renewals;
including a supervisor work flow module for processing the application and renewal. In addition, CJN’s integration
hub electronically links criminal justice data of participating CJN partners to allow CJN partners secured, direct
access to search and retrieve data in connection with gun permit background investigations as authorized by
Minnesota law.
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CJN JPO Members Service Agreement (4.26.22) Page 10 of 13
ATTACHMENT B
1. MAINTENANCE AND SUPPORT SERVICES
1.1. CJN will maintain all CJN applications including related hardware and software.
1.2. CJN will maintain the following regular business hours: 8:00 a.m. – 4:30 p.m. Central Standard Time,
Monday – Friday, except for holidays.
1.3. CJN support will include the following:
1.3.1. Unlimited phone support, facsimile and email, including the use of the “CJNSUPPORT” email
(CJNsupport@co.dakota.mn.us) system available to all Permitted Users during regular
business hours.
1.3.2. 24x7x365 afterhours support for major system failures will be available by contacting CJN
Support at 651 438-8348 and following the emergency phone procedures.
1.3.3. 24x7 phone to respond to emergencies.
1.3.4. All applications will include the ability to email CJNsupport@co.dakota.mn.us at any time. This
email account will be monitored during regular business hours.
2. MINIMUM EQUIPMENT AND HARDWARE SPECIFICATIONS
The following are Agency’s minimum equipment and hardware specifications:
2.1. A secure modern web browser – Microsoft Edge or Google Chrome, for example – over a secure
connection to the internet.
2.2. A CJDN Network IP is required to ensure that you are accessing Law Enforcement Data from a secure
location.
2.3. 1024 X 768 resolution or better will provide the best experience.
2.4. Keyboard and pointing device. Tabbing can be used to access most functionality, but a Mouse or other
point and click device will help speed up navigation in certain instances.
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ATTACHMENT C
DATA MANAGEMENT, SHARING AND COMPLIANCE
1. Background.
1.1 The Parties are authorized recipients and users of criminal justice information and criminal history
records information for authorized criminal justice purposes.
1.2 The Parties find it to be of mutual benefit to engage in facilitated sharing and exchanging of electronic
criminal justice data to provide the most efficient utilization of their resources and services for criminal
justice efforts and as authorized by the Minnesota Government Data Practices Act, Minn. Stat. Ch.
13, (“MGDPA”) and the FBI Criminal Justice Information Services Security Policy (“CJIS Security
Policy”) and all other local, state and federal laws.
1.3 Agency desires to share its Agency Data with other CJN criminal justice user agencies (“CJN
Participating Agency/Agencies”) under the conditions set forth in this Attachment and the Agreement
for authorized criminal justice purposes.
1.4 Agency is responsible for the accuracy and completeness of its Agency Data and abiding by the data
management requirements as contained herein.
1.5 CJN agrees to implement, build out and maintain the CJN System capable of allowing CJN
Participating Agencies to access Agency Data for authorized purposes under the conditions set forth
in this Attachment and the Agreement.
2. Purpose. This Attachment is a supplement to the Agreement. Its purpose is to provide CJN with access to
Agency's electronic management system for CJN to implement, build out and maintain the CJN System
capable of allowing CJN Participating Agencies to have direct access to Agency Data for authorized criminal
justice purposes. Additionally, this Attachment defines the expectations of the Parties regarding data access,
management, and retention.
3. Additional Agencies. From time to time, additional criminal justice agencies may wish to contract with CJN,
share data, and participate in the benefits of the CJN System. All such agencies will enjoy all the benefits
and be bound by all the responsibilities as set for in this Attachment and the services agreements. Agency
expressly agrees that all future subscribing criminal justice agencies are included within the meaning of “CJN
Participating Agencies.”
4. Data Privacy and Security. The Parties agree to enforce and maintain the privacy, security, and access to
data in the CJN System pursuant to state and federal law and industry regulations for data collection,
maintenance, storage, dissemination, access, usage, release, and sharing, including, but not limited to, the
MGDPA, Minn. Stat. §§ 299C, 171 and 28 CFR Parts 20 and 23 (multijurisdictional criminal intelligence
systems) and the CJIS Security Policy. Misuse of any data may result in administrative, civil, or criminal
action and must be reported to the appropriate authority. In addition, and as an example, the MGDPA requires
notification to individuals if there has been an unauthorized acquisition of data maintained by a government
entity that compromises the security and classification of the data.
5. Data Access, Generally. Access to the CJN System is only granted to Agency as provided for in the
Agreement. In addition to the identity management responsibilities in Section 9 of the Agreement, Agency
must, at a minimum: (i) ensure that its Permitted Users do not reveal their access credentials to anyone; (ii)
ensure that Permitted Users will not share access credentials; (iii) immediately inform CJN if there is a reason
to believe that anyone may have learned of or used any Permitted User’s access credentials; (iv) keep CJN
updated on all Permitted Users’ access rights and regularly review all access rights to ensure current access
rights to the CJN System are appropriate and no greater than are required for a Permitted User to perform
his/her functions; (v) remove a Permitted User’s access rights within the CJN System if there is a change
(e.g. termination, reassignment, etc.) in the Permitted User’s status or access requirements within three (3)
business days of such change; and vi) ensure that Permitted Users do not attempt to, nor assist others, in
subverting CJN network security to impair its functionality or to bypass restrictions set by IT administrators
or CJN.
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6. Driver and Vehicle Data Access. The following clause applies if Agency subscribes to the eForms, eBriefing
or Search applications. The Parties agree that Agency’s Permitted Users must comply with the Driver’s
Privacy Protection Act (DPPA), Minn. Stat. §§ 168.346 and 171.12 when accessing driver and vehicle
services (DVS) data through CJN’s Bureau of Criminal Apprehension (BCA) portal. Agency is solely
responsible and liable for any actions taken by Permitted Users regarding DVS access. Agency must, at a
minimum: (i) ensure that access to the DVS system is restricted to Permitted Users who need access to
perform their job duties; (ii) train all Permitted Users on the proper use and dissemination of DVS data; (iii)
ensure that all Permitted Users with access to the DVS system sign an Individual Access Agreement that is
available to CJN upon request; (iv) disable a Permitted User’s access within three (3) days of an assignment
change or separation from employment; (v) ensure each Permitted User has a unique username and
password, which is only available to the Permitted User (no shared usernames/passwords); and (vi)
cooperate with CJN regarding any audit of Permitted Users’ DVS searches. CJN will maintain a way to verify
DVS searches for at least five (5) years from the date of the search and will present the records to DVS upon
request, or a longer period if requested by the MN Department of Public Safety or BCA.
7. Data Sharing. The Parties agree that Agency is responsible for its decision to allow other CJN Participating
Agencies or third-parties to access Agency Data through the CJN System. If Agency is a law enforcement
agency, it expressly agrees that Minn. Stat. § 13.82, subd. 24 applies, and it agrees to share all Agency Data
with all other current and future law enforcement CJN Participating Agencies, unless Agency does one or
both of the following: (a) marks specific forms, information or identities as protected through available CJN
administrative tools; and/or (b) requests in writing to CJN to limit data sharing in the Records Management
System/Search application interface. Upon request, CJN will provide Agency with a list of all CJN
Participating Agencies with access to Agency Data. From time-to-time Agency may request in writing
specialized business rules to route Agency Data externally through the CJN System. Agency is responsible
for compliance with any legal requirements governing the routing of Agency Data using specialized business
rules through the CJN System.
8. Data Retention and Deletion. Agency is responsible for complying with the Official Records Act, Minn. Stat.
§ 15.17, and the Records Management Act, Minn. Stat. § 138.17, with respect to its Agency Data. CJN is not
the records custodian of Agency Data. Any retention of Agency Data by CJN is for Agency’s business use
while using the CJN System. Within sixty (60) days after expiration or termination of the Agreement, CJN will
provide Agency with a copy of Agency Data. Within a reasonable time after providing the Agency Data, CJN
will delete and remove all the Agency Data from CJN’s servers and data storage facilities.
9. Data Requests. If Agency receives a request under the MGDPA, or similar law, for another CJN Participating
Agency’s data, it must refer the requestor to the originating CJN Participating Agency. If Agency receives a
court order or subpoena for another CJN Participating Agency’s data, it must notify the originating CJN
Participating Agency and CJN. Additionally, CJN will notify Agency if it receives a court order, subpoena, or
data request for Agency’s Data. CJN will direct the requestor to the Agency for the requested Agency Data.
In the event CJN must respond to the court order, subpoena, or data request, it will consult with Agency on
the data production and Agency must cooperate with CJN in fulfilling the request, and pay all costs associated
with producing the data.
10. Litigation Holds. If Agency determines that CJN maintains relevant information to a notice of claim or other
legal action, it must provide Notice to CJN and include the specific CJN information relevant to the notice of
claim or other legal action. Within ten (10) business days of the receipt of Agency’s Notice, CJN will prepare
a copy of all requested information, including available metadata, and provide it to Agency. CJN will not have
any further obligation to preserve the relevant information after it provides a copy to Agency.
11. Data Management. It is the responsibility of Agency to maintain Agency Data within the CJN System in
accordance with the MGDPA and all other laws and rules governing the data. Agency must, at a minimum:
(i) delete records in compliance with an expungement/seal order and in compliance with the destruction
requirements of Minn. Stat. § 299C.11 (destruction of arrest records); (ii) delete Gun Permit application data
in accordance with Minn. Stat. §§ 624.714, subd. 14 (permit to carry) and 624.7132, subd. 10 (permit to
purchase); (iii) protect the identities of individuals qualifying for protection under Minn. Stat. § 13.82, subd.
17, Minn. Stat. § 13.822 (sexual assault victims), Minn. Stat. § 13.045 (Safe at Home participants) and all
other laws protecting the identity of an individual, by utilizing the CJN administrative tools; (iv) clear probable
cause pick-ups and hold alerts in the eBriefing application in a timely manner but not to exceed two (2) hours
from the time of pick-up; and (v) prohibit the entry of private personnel data in the Employee Comments
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section of the Scheduling application and caution Permitted Users that the Employee Comments are viewable
by other employees.
12. Data Accuracy and Verification. Agency acknowledges that other CJN Participating Agencies’ data made
available to Agency pursuant to this Agreement may not be accurate or complete and may contain not public
information, for example active criminal investigative data, protected identities, vulnerable adult/child
maltreatment identity data, or deliberative process data. The Agency agrees to make every effort to share
only data that is accurate and reliable. It is the responsibility of the Agency when it requests or uses any other
CJN Participating Agency’s data to confirm its accuracy with the originating CJN Participating Agency that
authored the data before taking any action in reliance. CJN does not warrant the accuracy or completeness
of any data in the CJN System and cannot and will not provide such verification of its accuracy or
completeness.
13. Data Breach. Agency must notify CJN by emailing CJNsupport@co.dakota.mn.us or calling 651-438-8348
immediately, but not to exceed two (2) business days, after Agency’s or a Permitted User’s discovery of an
actual or suspected Data Security Incident. A “Data Security Incident” is defined herein as the unauthorized
or unlawful processing, accessing, viewing, acquiring, or disclosing of any data in the CJN System, including
Agency Data, the unauthorized or accidental loss, destruction, damage, alteration of any data in the CJN
System, including Agency Data, or the breach or attempted breach of CJN’s security measures. The
notification must include, at a minimum: (i) the nature of the Data Security Incident; (ii) the types of potentially
compromised data; (iii) the duration and expected consequences of the Data Security Incident; and (iv) any
mitigation or remediation measures taken or planned by Agency in response to the Data Security Incident.
Agency must cooperate with CJN in the investigation, containment, and mitigation of any Data Security
Incident as requested and directed by CJN. After learning of a Data Security Incident of the CJN System
impacting Agency Data, CJN must notify Agency in a timely manner, not to exceed two (2) business days.
14. Training. The Parties agree that Agency must provide its Permitted Users with ongoing data privacy and
security training and is responsible for its Permitted Users’ compliance with this Attachment and the
Agreement.
15. System Administration. CJN representatives, employees, vendors, and consultants will have limited access
to Agency Data solely for providing, supporting, and improving the CJN System.
16. Sanctions. CJN may immediately temporarily suspend Agency’s or any Permitted Users’ right to access or
use any portion or all of the CJN System if Agency or Permitted Users use of the CJN System may: (i) pose
a security risk to the CJN System, Dakota County network (if applicable) or a third party; (ii) adversely impact
the CJN System, Dakota County network (if applicable), or another CJN Participating Agency’s data; (iii)
violates the law; or (iv) violates this Attachment or the Agreement. Following the temporary suspension, CJN
will provide Agency with prompt Notice as well as the opportunity to correct the occurrence at the sole
discretion of CJN.
17. CJIS Management Control Agreement. As required by the CJIS Security Policy, CJN will maintain a
management control agreement (“MCA”) with one or more of the CJN member criminal justice agencies,
which stipulates that management control of the criminal justice function remains solely with the criminal
justice agency. Additionally, the Dakota County Information Technology Department will maintain a MCA with
one or more of the CJN member criminal justices agencies during such time as Dakota County hosts criminal
justice information (“CJI”) on behalf of CJN. CJN will provide Agency with copies of the MCAs upon request.
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