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<br />DPS/BCA NCJA Federal Background Check JPA (Aug. 2024) 1 <br /> <br /> <br /> <br /> <br />Joint Powers Agreement <br />State of Minnesota <br />Federal Background Checks <br /> ORI – NCJMN0150 <br />SWIFT Contract # 260653 <br /> <br /> <br />This Agreement is between the State of Minnesota, acting through its commissioner of Public <br />Safety on behalf of the Bureau of Criminal Apprehension ("BCA"), and the City of Lake Elmo on <br />behalf of its Fire Department ("Governmental Unit”). <br /> <br />Recitals <br />1 Under Minnesota Statutes § 471.59, the BCA and Governmental Unit are empowered to <br />engage in such agreements as are necessary to exercise their powers. <br />2 The BCA is the State Identification Bureau for the State of Minnesota and is responsible <br />for fingerprint identification services including submission of civil, fingerprint-based <br />background checks to the Federal Bureau of Investigation (“FBI”) subsequent to <br />conducting Minnesota records checks. <br />3 The Governmental Unit has a state statute, Minnesota Statutes, § 299F.035, that has <br />been approved by the United States Attorney General as compliant with Public Law 92- <br />544. <br />4 The Governmental Unit wants to access federal data in support of its duties to conduct <br />background checks as provided by law. <br />5 The purpose of this Joint Powers Agreement is to memorialize the requirements for <br />Governmental Unit to obtain access and the limitations that apply to the information that <br />Governmental Unit obtains. <br /> <br />Agreement <br />1 Term of Agreement <br />1.1 Effective Date. This Agreement is effective on the date the BCA obtains all required <br />signatures under Minnesota Statutes § 16C.05, subdivision 2. <br />1.2 Expiration Date. This Agreement expires five years from the date it is effective. <br /> <br />2 Agreement Between the Parties <br />2.1 Request Submission. Governmental Unit agrees that it will collect fingerprints from <br />those individuals for whom a Minnesota and federal fingerprint-based background <br />check will be conducted. Governmental Unit will forward the fingerprints and other <br />documentation to the BCA. The fingerprints will be captured so they meet the <br />requirements of National Institute of Standards and Technology Special Publication <br />500-290. The Governmental Unit will ensure that all fields required on the fingerprint <br />card are completed. <br /> <br />Fingerprints received by Governmental Unit will be forwarded to the BCA using a <br />secure method. <br /> 2.2 Request Processing. On receipt of fingerprints that conform to the requirements of <br />Clause 2.1, the BCA will conduct a check of the Minnesota criminal history repository