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Home My WebLink About10/10/2023The City Council is meeting as a legislative body to conduct the business of the City according to Robert s Rules of Order and the Standing Rules of Ordei and Business of the City Council Unless so ordered by the Mayor citizen participation is limited to the times indicated and always within the prescribed i ules of conduct foi public input at meetings. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL APPROVALS a. Agenda b. Minutes of the September 26, 2023 City Council Meetings c. Claims Totaling $118,905.97 4. CONSENT a. Resolution No. 101023A — A Resolution Approving State of Minnesota Joint Powers Agreements with the City of Lauderdale on Behalf of its City Attorney and Police Department 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. TH280 Improvements Planned by MNDOT — Presentation by Chris Bower, Metro Area Engineer b. City Council Updates 7. PUBLIC HEARINGS Public heal ings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing iules of order and business of the City Council. 8. DISCUSSION / ACTION ITEM 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. September Financial Report b. Public Healing on the Approval of a Housing Program for a Multifamily Housing Development and the Issuance of Revenue Obligations known as the AGRA Project to be constructed in the City of Minneapolis c. Long -Term Planning Session with Victoria Holthaus of AEM Financial Solutions d. Smoking in Public Parks Draft Ordinance (November 12) LAUDERDALE CITY COUNCIL MEETING AGENDA 7:00 P.M. TUESDAY, OCTOBER 10, 2023 LAUDERDALE CITY HALL, 1891 WALNUT STREET The City Council is meeting as a legislative body to conduct the business of the City according to Robert s Rules of Order and the Standing Rules of Ordei and Business of the City Council Unless so ordered by the Mayor citizen participation is limited to the times indicated and always within the prescribed i ules of conduct foi public input at meetings. CALL TO ORDER THE LAUDERDALE CITY COUNCIL MEETING 2. ROLL CALL APPROVALS a. Agenda b. Minutes of the September 26, 2023 City Council Meetings c. Claims Totaling $118,905.97 4. CONSENT a. Resolution No. 101023A — A Resolution Approving State of Minnesota Joint Powers Agreements with the City of Lauderdale on Behalf of its City Attorney and Police Department 5. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS 6. INFORMATIONAL PRESENTATIONS / REPORTS a. TH280 Improvements Planned by MNDOT — Presentation by Chris Bower, Metro Area Engineer b. City Council Updates 7. PUBLIC HEARINGS Public heal ings are conducted so that the public affected by a proposal may have input into the decision. During hearings all affected residents will be given an opportunity to speak pursuant to the Robert's Rules of Order and the standing iules of order and business of the City Council. 8. DISCUSSION / ACTION ITEM 9. ITEMS REMOVED FROM THE CONSENT AGENDA 10. ADDITIONAL ITEMS 11. SET AGENDA FOR NEXT MEETING a. September Financial Report b. Public Healing on the Approval of a Housing Program for a Multifamily Housing Development and the Issuance of Revenue Obligations known as the AGRA Project to be constructed in the City of Minneapolis c. Long -Term Planning Session with Victoria Holthaus of AEM Financial Solutions d. Smoking in Public Parks Draft Ordinance (November 12) 12. WORK SESSION a. Community Development Update b. Opportunity for the Public to Address the City Council Any member of the public may speak at this time on any item not on the agenda. In consideration for the public attending the meeting, this poi tion of the meeting will be limited to fifteen (15) minutes Individuals are requested to limit their comments to three (3) minutes or less. If the majoi ity of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member theieof No person other than members of the Council and the person having the floor shall be permitted to entei any discussion without permission of the presiding officer. Your participation, as prescribed by the Robert's Rules of Order and the standing rules of order and business of the City Council, is welcomed and your cooperation is greatly appreciated. 13. ADJOURNMENT To provide public comments, join us via Zoom. You are invited to a 7oom webinar. When: Oct 10, 2023 07:00 PM Central Time (US and Canada) Topic: October 10, 2023 Lauderdale City Council Webinar Please click the link below to join the webinar: https://us02« eb.zoom.us/j/89185609862?pwd=Z0YrcOxLOGITYXNydWFWelVwYkOzOTO9 Passcode 801824 Or One tap mobile : + 16465588656„891856098621/ US (New York) + 16469313860„89185609862# US Or Telephone: Dial(for higher quality, dial a number based on your current location): + 1 646 558 8656 US (New York) + l 301 715 8592 US (Washington DC) + 1 312 626 6799 US (Chicago) + 1 669 900 9128 US (San Jose) + 1 253 215 8782 US (Tacoma) + 1 346 248 7799 US (Houston) Webinar ID 891 8560 9862 International numbers available: https://us02web.zoom.us/u/kCgFF4TGr LAUDFRDALF CITY COUNCIL MFFTING MINUTF,S Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 3 September 27, 2023 Call to Order Mayor Gaasch called the Regular City Council meeting to order at 7:05 p.m. Roll Call Councilors present: Jeff Darns, Duane Pulford, Evan Sayre, and Mayor Mary Gaasch. Councilor absent: Shaion Kelly. Staff present: Heather Butkowski, City Administrator; Jim Bownik, Assistant to the City Administrator and Miles Cline, Deputy City Clerk. Approvals Mayor Gaasch asked if there were any additions to the meeting agenda. There being none, Councilor Sayre moved and seconded by Counciloi Damns to approve the agenda. Motion carried unanimously. Mayor Gaasch asked if there were corrections to the minutes of the September 12, 2023 city council meeting. There being none, Councilor Pulfoid moved and seconded by Councilor Damns to approve the minutes of the September 12, 2023 city council meeting. Motion carried unanimously. Mayor Gaasch asked if there were any questions on the claims. There being none Councilor Darns moved and seconded by Councilor Sayre to approve the claims totaling $34,127.00. Motion carried unanimously. Consent Councilor Sayre moved and seconded by Councilor Pulford to approve the Consent Agenda acknowledging the August financial ieport and approving the electionic funds transfer policy, a quote for purchase of a Ford F-350 through Boyer Trucks at the state contract price, and Resolution No. 092623A — Approving an 11.16 -Inch Variance to the Front Yard Setback Requirement at 1743 Malvern Street. Informational Presentations/Reports A. City Council Updates Mayor Gaasch shared that the League of Minnesota Cities Board of Directors had their retreat last week. Cities shared their upcoming levies for 2024, many of which came in as double-digit percentage increases. Gaasch also attended an Improving Service Delivery Policy Committee meeting where they voted on a measure put forward by larger cities that would have reduced transparency at city council meetings. The measure s goal was to curb disruptive behavior at meetings, but was voted against by a simple majority. Finally, Gaasch stated that she attended a LAUD Fi,RDAL F, CITY COUNCIL METING M1NUTFS L auderdale City Hall 1891 Walnut Street L auderdale, MN 55113 P age 2 of 3 September 27, 2023 joint city, county, township and school district meeting where they discussed cannabis legislation at length. Councilor Pulford stated that Pat Cook will be leaving NineNorth for a new role at a different cable commission. D iscussion/Action Item A. Resolution No. 092623B — Adopting the 2024 Preliminary Property Tax Levy and hstablishing the Budget Meeting Date The Council expressed concern at the previous meeting over the reliance on one-time funding to balance the budget due to the extraordinary increase in costs expected in 2024 primarily related to public safety. Staff generated scenarios for increasing the levy an additional one to two percent Each one percent levy increase generates about $10,000 dollars. 7.9% levy generates $959,241 8.9% levy generates $969,118 9.9% levy generates $979,220 After discussing, the Council approved the 9.9% levy increase thereby eliminating the need for a transfer from the sewer funds to balance the budget. Councilor Sayre made a Motion to adopt Resolution No. 092623B Adopting the 2024 Preliminary Property Tax Levy at a 9.9% increase, and N stablishrng the Budget Meeting Date of November 28. This was seconded by Councilor Dains and carried unanimously. Set Agenda for Next Meeting Butkowski stated that the October 10 council meeting might include a TH280 Improvements presentation by Chris Bower of MNDOT. Work Session A. Community Development Update Butkowski stated that construction at 1795 Eustis Street is finishing up and the building official anticipates issuing the certificate of occupancy by the end of the month. She mentioned that the ash and buckthorn trees were removed from the coiner of Fulham Street and Roselawn Avenue. Ramsey County will host an open house for hustis Street reconstruction on October 25 from 5:30-7:30 p.m. at Lauderdale City Hall. City Hall will be one of the stops for Halloween this year on Tuesday, October 31 from 5-6 p.m. City attorney Ron Batty is finalizing tobacco and cannabis ordinances. Staff is working on a DNR grant to remove and replace diseased ash trees. School board elections will be held on November 7, with extended voting hours already underway at various Ramsey County locations. LAUDERDALE CITY COUNCIL MEETING MIN[JTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 3 of 3 September 27, 2023 B. Opportunity for the Public to Address the City Council Mayor Gaasch opened the floor to those in attendance interested in addressing the Council. There being nobody interested in speaking, Mayor Gaasch closed the floor. Adjournment Councilor Sayre moved and seconded by Councilor Pulford to adjourn the meeting at 7:57 p.m. Motion carried unanimously. Respectfully submitted, 4144:‘" al)hit' Miles Cline Deputy City Clerk To: From: Meeting Date: Subject: CITY OF LAUDERDALE LAUDERDALE CITY HALL 1 891 WALNUT STREET LAUDERDALE, MN 55113 651-792-7650 651-6312066 FAX Request for Council Action Mayor and City Council City Administrator October 10, 2023 List of Claims The claims totaling $118,905.97 are provided for City Council review and approval that includes check numbers 28616 to 28639. Accounts Payable Checks by Date -Detail by Check Date User: Printed: miles.cline 10/6/2023 2:53 PM Check No Vendor No Vendor Name Invoice No Description ACH 43 ACH 44 ACH 45 ACH 46 28616 373 6290175883 6290175883 6290178051 6290178051 28617 383 S1474681-100123 28618 217 076-092023 C 28619 407 610376 Public Employees Retirement Association PR Batch 52000.09.2023 PERA Coordinated PR Batch 52000.09.2023 PERA Coordinated CITY at: u. Check Date Reference 09/29/2023 PR Batch 52000.09.2023 PER PR Batch 52000.09.2023 PER Total for this ACH Check for Vendor 43: Minnesota Department of Revenue PR Batch 52000.09.2023 State Income Tax 09/29/2023 PR Batch 52000.09.2023 Stab Total for this ACH Check for Vendor 44: ICMA Retirement Corporation PR Batch 52000.09.2023 Deferred Comp 09/29/2023 PR Batch 52000.09.2023 Def( Total for this ACH Check for Vendor 45: Internal Revenue Service PR Batch 52000.09.2023 Medicare Employer Po PR Batch 52000.09.2023 FICA Employer Portia PR Batch 52000.09.2023 Federal Income Tax PR Batch 52000.09.2023 FICA Employee Portio PR Batch 52000.09.2023 Medicare Employee Pc 09/29/2023 PR Batch 52000.09.2023 Med PR Batch 52000.09.2023 FIC. PR Batch 52000.09.2023 Fed( PR Batch 52000.09.2023 FIC. PR Batch 52000.09.2023 Med Total for this ACH Check for Vendor 46: Total for 9/29/2023: ARAMARK Uniform & Career Apparel Gr 10/10/2023 September Uniforms September Uniforms October Uniforms October Uniforms Aspen Waste Systems of Minnesota Inc October Refuse Service Association for Nonsmokers - Minnesota North Suburban Tobacco Compliance Project Becker Arena Products Inc Hockey Goal Netting Total for Check Number 28616: 10/10/2023 Total for Check Number 28617: 10/10/2023 Total for Check Number 28618: 10/10/2023 Total for Check Number 28619: i Check Amount 1,078.43 1,244.34 2,322.77 751.59 751.59 1,658.42 1,658.42 242.77 1,038.05 2,143.73 1,038.05 242.77 4,705.37 9,43 8.15 19.21 19.22 19.44 19.45 77.32 403.23 403.23 118.00 118.00 200.00 200.00 AP Checks by Date - Detail by Check Date (10/6/2023 2:53 PM) Page 1 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 28620 52 102023 28621 29 4385 28622 2 1N55582 28623 25 EMCOM-011184 EMCOM-011199 EMCOM-011215 28624 294 23-248*01 28625 61 3090536 28626 82 102023 28627 134 00136 28628 31 174400 176660 28629 30 391092 28630 23 INV2366947 28631 387 1518 Bluechip Tree Company Inc Tree Removals City of St Anthony October Police Services City of St Paul Bi -Annual Street Lighting Electricity County of Ramsey September Fleet Support September CAD Services September 911 Dispatch Services Goodmanson Construction Inc Street Repairs Gopher State One Call September Locates Home Depot General Supplies Katrina Joseph September Legal Services Kennedy & Graven Chartered April Legal Services August Legal Services League of Minnesota Cities 2023 Fall Forums - DP Metro Sales Inc 3Q23 Copy Charges Metro -INET October IT Services 10/10/2023 Total for Check Number 28620: 10/10/2023 Total for Check Number 28621: 10/10/2023 Total for Check Number 28622: 10/10/2023 Total for Check Number 28623: 10/10/2023 Total for Check Number 28624: 10/10/2023 Total for Check Number 28625: 10/10/2023 Total for Check Number 28626: 10/10/2023 Total for Check Number 28627: 10/10/2023 Total for Check Number 28628: 10/10/2023 Total for Check Number 28629: 10/10/2023 Total for Check Number 28630: 10/10/2023 Total for Check Number 28631: 6,980.00 6,980.00 71,692.50 71,692.50 18.42 18.42 6.24 75.17 462.60 544.01 5,960.00 5,960.00 21.60 21.60 7.16 7.16 925.00 925.00 76.00 1,140.00 1,216.00 30.00 30.00 87.42 87.42 2,190.00 2,190.00 AP Checks by Date - Detail by Check Date (10/6/2023 2:53 PM) Page 2 Check No Vendor No Invoice No Vendor Name Description Check Date Reference Check Amount 28632 24 0001163197 28633 112 102023 28634 84 102023 102023 102023 102023 102023 102023 102023 28635 10 0001614393 0001614394 28636 404 102023 28637 4 SI008096 S1008096 28638 408 A25286 28639 3 511983488 Metropolitan Council November Waste Water Minnesota Pollution Control Agency 2023 Collections Systems Operators Conference 10/10/2023 Total for Check Number 28632: 10/10/2023 Total for Check Number 28633: North Star Bank Cardmember Services 10/10/2023 PurpleAir - General Supplies Amazon - Halloween Supplies September Costco Fuel September Costco Fuel American Excelsior - Archery Bales Amazon - American Flag September Costco Fuel Total for Check Number 28634: On Site Sanitation Inc 09/30/2023 - 10/27/2023 Park Portable Restroon 09/30/2023 - 10/27/2023 Park Portable Restroon Star Tribune Digital Subscription 10/10/2023 Total for Check Number 28635: 10/10/2023 Total for Check Number 28636: The Neighborhood Recycling Company Inc 10/10/2023 September Single Unit Dwelling September Multi -Family Recycling Twin City Saw & Services Co Fiberglass Tree Pruners Total for Check Number 28637: 10/10/2023 Total for Check Number 28638: US National Equipment Finance Inc 10/10/2023 October Copier Lease Total for Check Number 28639: Total for 10/10/2023: Report Total (28 checks): 12,824.43 12,824.43 650.00 650.00 352.58 19.32 62.00 289.33 567.34 21.46 62.00 1,374.03 218.00 75.00 293.00 51.77 51.77 3,026.73 420.21 3,446.94 180.99 180.99 176.00 176.00 109,467.82 118,905.97 AP Checks by Date - Detail by Check Date (10/6/2023 2:53 PM) Page 3 LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X Public Hearing Discussion Action Resolution X Work Session Meeting Date October 10, 2023 ITEM NUMBER BCA J STAFF INITIAL Y • A APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The Bureau of Criminal Apprehension (BCA) asked the City to renew its joint powers agreement (JPA) with them which will allow the police department and the prosecuting at- torney to access criminal data in their work for the City. By adopting the attached resolution, the police officers and Katrina Joseph will be able to continue doing their jobs. It also gives the Mayoi and city administrator authorization to sign the agreements. OPTIONS: STAFF RECOMMENDATION: By approving the Consent Agenda, the Council adopts Resolution No. 101023A A Reso- lution Approving State of Minnesota Joint Powers Agreements with the City of Lauderdale on Behalf of its City Attorney and Police Department. COUNCIL ACTION: RESOLUTION NO. 101023A CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF LAUDERDALE ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Lauderdale on behalf of its Prosecuting Attorney and Police Department demes to enter into Joint Powers Agreements with the State of Minnesota, Depaitment 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 City is eligible. The Joint Powers Agieernents further provide the City with the ability to add, modify and delete connectivity, systems and tools over the five-year life of the agreement and obligates the City to pay the costs for the network connection. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lauderdale, 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 City of Lauderdale on behalf of its Prosecuting Attorney and Police Department, are hereby approved. 2. That the City Clerk -Administrator, Heather Butkowski, or her successor, is designated the Authorized Representative for the Police Department. 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. 3. That the City Clerk -Administrator, Heather Butkowski, or her successor, is designated the Authorized Representative for the Prosecuting Attorney. The Authorized Representative is also authorized to sign any subsequent amendment of 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. 4. That Mary Gaasch, the Mayor for the City of Lauderdale, and Heather Butkowski, the City Clerk, me authorized to sign the State of Minnesota Joint Powers Agreements. Adopted by the City Council of the City of Lauderdale, Minnesota, this 10th day of October, 2023. Mary Gaasch, Mayor ATTEST: Heather Butkowski, City Clerk -Administrator COURT DATA SERVICES SUBSCRIBER AMENDMENT TO CJDN SUBSCRIBER AGREEMENT This Court Data Services Subscriber Amendment ("Subscriber Amendment") is entered into by the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, ("BCA") and the City of Lauderdale on behalf of its Prosecuting Attorney ("Agency"), and by and for the benefit of the State of Minnesota acting through its State Court Administrator's Office ( `Court") who shall be entitled to enforce any piovisions hereof through any legal action against any party. Recitals This Subscriber Amendment modifies and supplements the Agreement between the BCA and Agency SWIFT Contract number 226447, of even or prior date, for Agency use of BCA systems and tools (refeired to herein as "the CJDN Subscriber Agreement"). Certain BCA systems and tools that include access to and/or submission of Court Records may only be utilized by the Agency if the Agency completes this Subscriber Amendment. The Agency desiies to use one or more BCA systems and tools to access and/or submit Court Records to assist the Agency in the efficient performance of its duties as required or authorized by law or court rule. Court desires to permit such access and/or submission. This Subscriber Amendment is intended to add Court as a party to the CJDN Subscriber Agreement and to create obligations by the Agency to the Court that can be enforced by the Court. It is also understood that, pursuant to the Master Joint Powers Agreement for Delivery of Couit Data Services to CJDN Subscribers ("Master Authorization Agreement") between the Court and the BCA, the BCA is authorized to sign this Subscriber Amendment on behalf of Court. Upon execution the Subscriber Amendment will be incorporated into the CJDN Subscribei Agieement by reference. The BCA, the Agency and the Court desire to amend the CJDN Subscriber Agreement as stated below. The CJDN Subscriber Agreement is amended by the addition of the following provisions: 1. TERM; TERMINATION; ONGOING OBLIGATIONS. This Subscriber Amendment shall be effective on the date finally executed by all parties and shall iemain in effect until expiration of termination of the CJDI\ Subscriber Agreement unless terminated earlier as provided in this Subscribei Amendment. Any party may terminate this Subscriber Amendment with or without cause by giving written notice to all other parties. The effective date of the termination shall be thirty days after the othei party's receipt of the notice of termination, unless a later date is specified in the notice. The provisions of sections 5 through 9, 12.b., 12.c., and 15 through 24 shall survive any termination of this Subscriber Amendment as shall any other provisions which by their natuie are intended or expected to survive such termination. Upon termination, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof 2. Definitions. Unless otherwise specifically defined, each term used herein shall have the meaning assigned to such teim in the CJDN Subscriber Agreement. 1 a. "Authorized Court Data Services" means Court Data Services that have been authorized for delivery to CJDN Subscribers via BCA systems and tools pursuant to an Authorization Amendment to the Joint Powers Agieement for Delivery of Court Data Services to CJDN Subscribers (` Master Authorization Agreement") between the Court and the BCA. b. "Court Data Services" means one or more of the services set forth on the Justice Agency Resource webpage of the Minnesota Judicial Blanch website (for which the current address is www.courts.state.mn.us) or other location designated by the Court, as the same may be amended from time to time by the Couit. c. "Court Records" means all information in any form made available by the Court to Subscriber through the BCA for the purposes of carrying out this Subscriber Amendment including: i. "Court Case Information" means any information in the Court Records that conveys information about a particular case or controversy, including without limitation Court Confidential Case Information, as defined herein. ii. "Court Confidential Case Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that conveys information about a particular case or controversy. iii. "Court Confidential Security and Activation Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access and that explains how to use or gain access to Court Data Services, including but not limited to login account names, passwords, TCP/IP addresses, Court Data Seivices user manuals, Court Data Services Programs, Court Data Services Databases, and other technical information. iv. `Court Confidential Information" means any information in the Court Records that is inaccessible to the public pursuant to the Rules of Public Access, including without limitation both i) Court Confidential Case Information• and ii) Court Confidential Security and Activation Information d. "DCA" shall mean the district courts of the state of Minnesota and their respective staff e. "Policies & Notices" means the policies and notices published by the Court in connection with each of its Court Data Seivices, on a website or other location designated by the Court, as the same may be amended from time to time by the Court. Policies & Notices for each Authorized Court Data Service identified in an approved request form under section 3, below, are hereby made part of this Subscribei Amendment by this reference and provide additional terms and conditions that govern Subscriber's use of Court Records accessed through such services, including but not limited to provisions on access and use limitations. f. "Rules of Public Access" means the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from time to time including without limitation lists or tables published from time to time by the Court entitled Limits on Public Access to Case Records or Limits on Public Access to Administi native Records, all of which by this reference are made a part of this Subscriber Amendment. It is the obligation of Subscriber to check from time to time for updated rules, lists, and tables and be familiar with the contents thereof It is contemplated that such rules, lists, and tables will be posted on the Minnesota Judicial Branch website, for which the current address is www.courts.state.mn.us. g• Office. "Court" shall mean the State of Minnesota, State Court Administrator's h. "Subscriber" shall mean the Agency. i. "Subscriber Records" means any information in any form made available by the Subscriber to the Court for the purposes of carrying out this Subscriber Amendment. 3. REQUESTS FOR AUTHORIZED COURT DATA SERVICES. Following execution of this Subscriber Amendment by all parties, Subscriber may submit to the BCA one or more separate requests for Authorized Court Data Services. The BCA is authorized in the Master Authoiization Agreement to process, credential and approve such requests on behalf of Court and all such requests approved by the BCA are adopted and incorporated herein by this reference the same as if set forth verbatim herein. a. Activation. Activation of the requested Authorized Court Data Service(s) shall occur promptly following approval. b. Rejection. Requests may be rejected for any reason, at the discretion of the BCA and/or the Court. c. Requests for Termination of One or More Authorized Court Data Services. The Subscriber may request the termination of an Authorized Court Data Services previously requested by submitting a notice to Court with a copy to the BCA. Promptly upon receipt of a request for termination of an Authorized Court Data Service, the BCA will deactivate the service requested. The termination of one or more Authorized Court Data Services does not terminate this Subscriber Amendment. Provisions for termination of this Subscriber Amendment are set foith in section 1. Upon termination of Authorized Court Data Services, the Subscriber shall perform the responsibilities set forth in paragraph 7(f) hereof. 4. SCOPE OF ACCESS TO COURT RECORDS LIMITED. Subscriber's access to and/or submission of the Court Records shall be limited to Authorized Court Data Services identified in an approved request form under section 3, above, and other Court Records necessary for Subscriber to use Authorized Court Data Services Authorized Court Data Services shall only be used according to the instructions provided in corresponding Policies & Notices or other materials and only as necessary to assist Subscriber in the efficient performance of Subscriber's duties 3 required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. Subscriber's access to the Court Records for personal or non -official use is prohibited Subscriber will not use or attempt to use Authorized Court Data Services in any manner not set forth in this Subscriber Amendment, Policies & Notices, or other Authorized Court Data Services documentation, and upon any such unauthorized use or attempted use the Court may immediately terminate this Subscriber Amendment without prior notice to Subscriber 5. GUARANTEES OF CONFIDENTIALITY. Subscriber agrees: a. To not disclose Court Confidential Information to any third party except where necessary to carry out the Subscriber s duties as required or authorized by law or court rule in connection with any civil, criminal, administrative, or arbitral proceeding in any Federal, State, or local court or agency or before any self-regulatory body. b. To take all appropriate action, whether by instruction, agreement, or otherwise, to insure the protection, confidentiality and security of Court Confidential Information and to satisfy Subscriber's obligations under this Subscriber Amendment. c. To limit the use of and access to Court Confidential Information to Subscriber's bona fide personnel whose use or access is necessary to effect the purposes of this Subscriber Amendment, and to advise each individual who is permitted use of and/or access to any Court Confidential Information of the restrictions upon disclosure and use contained in this Subscriber Amendment, requiring each individual who is permitted use of and/or access to Court Confidential Information to acknowledge in writing that the individual has read and understands such restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of the Subscribei Amendment and/or CJDN Subscriber Agreement, whichever is longer, and shall provide the Court with access to, and copies of, such acknowledgements upon request. For purposes of this Subscriber Amendment, Subscriber's bona fide personnel shall mean individuals who are employees of Subscriber or provide services to Subscribei either on a voluntary basis or as independent contractors with Subscriber. d. That, without limiting section 1 of this Subscriber Amendment, the obligations of Subscriber and its bona fide personnel with respect to the confidentiality and security of Court Confidential Information shall survive the termination of this Subscriber Amendment and the CJDN Subscriber Agreement and the termination of their relationship with Subsciiber. e. That, notwithstanding any federal or state law applicable to the nondisclosure obligations of Subscriber and Subscriber's bona fide personnel under this Subscriber Amendment, such obligations of Subscriber and Subscriber's bona fide personnel are founded independently on the provisions of this Subscriber Amendment. 6. APPLICABILITY TO PREVIOUSLY DISCLOSED COURT RECORDS. Subscriber acknowledges and agrees that all Authorized Court Data Services and related Court Records disclosed to Subsciiber prior to the effective date of this Subscriber Amendment shall be subject to the provisions of this Subscriber Amendment. 4 7. LICENSE AND PROTECTION OF PROPRIETARY RIGHTS. During the term of this Subscriber Amendment, subject to the terms and conditions hereof; the Court hereby grants to Subscribei a nonexclusive, nontransferable, limited license to use Court Data Services Programs and Couit Data Seivices Databases to access or receive the Authorized Court Data Services identified in an approved request form under section 3, above and related Court Records. Court reserves the right to make modifications to the Authorized Court Data Services, Couit Data Services Programs, and Court Data Services Databases, and related materials without notice to Subscriber. These modifications shall be treated in all respects as their previous counterparts. a. Court Data Services Programs. Court is the copyright owner and licensor of the Court Data Services Programs. The combination of ideas, procedures, processes, systems, logic, coherence and methods of operation embodied within the Court Data Services Programs, and all information contained in documentation pertaining to the Court Data Services Programs, including but not limited to manuals, user documentation, and passwords, are trade secret information of Court and its licensors. b. Court Data Services Databases. Court is the copyright owner and licensor of the Court Data Services Databases and of all copyrightable aspects and components thereof. All specifications and information pertaining to the Court Data Services Databases and their structure, sequence and organization, including without limitation data schemas such as the Court XML Schema, are trade secret information of Couit and its licensors c. Marks. Subscriber shall neither have nor claim any right, title, or interest in or use of any trademark used in connection with Authorized Court Data Services, including but not limited to the marks ` MN CIS" and "Odyssey. ' d. Restrictions on Duplication, Disclosure, and Use. Trade secret information of Court and its licensors will be treated by Subscriber in the same manner as Court Confidential Information. In addition, Subscriber will not copy any part of the Court Data Services Programs or Court Data Services Databases, or reverse engineer or otherwise attempt to discern the source code of the Court Data Services Programs or Court Data Services Databases, or use any trademark of Court oi its licensors, in any way or for any purpose not specifically and expressly authorized by this Subscriber Amendment. As used herein, "trade secret information of Court and its licensors" means any information possessed by Court which derives independent economic value from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use. ' Trade secret information of Court and its licensors" does not, however include information which was known to Subscriber prior to Subscriber's receipt thereof either directly or indirectly, from Court or its licensors, information which is independently developed by Subscriber without reference to or use of information received from Court or its licensors, or information which would not qualify as a trade secret under Minnesota law. It will not be a violation of this section 7 sub -section d, for Subscriber to make up to one copy of training materials and configuration documentation, if any, for each individual authorized to access, use, oi configure Authorized Court Data Services, solely for its own use in connection with this Subscriber Amendment. Subscriber will take all steps reasonably necessary to protect the copyright, trade secret, and trademark rights of Court and its licensors and Subscribei will advise its bona fide personnel who are permitted access to any of the Court Data Services Programs and Court Data Services Databases, and trade secret information of Court and its licensors, of the restrictions upon duplication, disclosure and use contained in this Subscriber Amendment. 5 e. Proprietary Notices. Subscriber will not remove any copyright or proprietary notices included in and/or on the Court Data Services Programs or Court Data Services Databases, related documentation, or trade secret information of Court and its licensors, or any part thereof, made available by Court directly or through the BCA, if any, and Subscriber will include in and/or on any copy of the Court Data Seivices Programs or Court Data Services Databases, or trade secret information of Court and its licensors and any documents pertaining thereto, the same copyright and other proprietary notices as appear on the copies made available to Subscriber by Court directly or through the BCA, except that copyright notices shall be updated and other proprietary notices added as may be appropriate. f. Title• Return. The Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration material, if any, and logon account information and passwords, if any, made available by the Court to Subscriber directly or through the BCA and all copies, including partial copies thereof are and remain the property of the respective licensor. Except as expressly provided in section 12.b., within ten days of the effective date of termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a request for termination of Authorized Court Data Service as described in section 4, Subsciiber shall either: (i) uninstali and return any and all copies of the applicable Court Data Services Programs and Court Data Services Databases, and related documentation, including but not limited to training and configuration materials, if any, and logon account information, if any; or (2) destroy the same and certify in writing to the Court that the same have been destroyed. 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber Amendment are not specifically enforced and that the Court Court s licensors, and DCA would not have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any actual or threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not afford an adequate remedy. Unless Subscriber is an office, officer agency, department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors and DCA for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment. 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly provided herein, each party will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any others and the results thereof Liability shall be governed by applicable law Without limiting the foregoing, liability of the Court and any Subsciiber that is an office officer, agency, department division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. Subsciiber and Court further acknowledge that the liability, if any, of the BCA is governed by a separate agreement between the Court and the BCA dated December 13, 2010 with DPS -M -0958. 6 10. AVAILABILITY. Specific terms of availability shall be established by the Court and communicated to Subscriber by the Court and/or the BCA. The Court reserves the right to terminate this Subscriber Amendment immediately and/or temporarily suspend Subscriber's Authorized Court Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system.. 11. [reserved] 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Subscriber Amendment. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in Policies & Notices applicable to Court Records accessed by Subscriber using Authorized Court Data Services. Upon failure of the Subscriber to comply with such policies, the Court shall have the option of immediately suspending the Subscriber's Authorized Court Data Services on a temporary basis and/or immediately terminating this Subscriber Amendment. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Authorized Court Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a minimum period of six years from the date of disclosure, and shall piovide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Authorized Court Data Services and Court Records from time to time Upon Subscriber's faihue to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the Court may terminate this Subscriber Amendment without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court and/or the BCA, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to of use of Authorized Court Data Services, Court Confidential Information or trade secret information of the Court and its licensors where such persons are alleged to have violated the provisions of this Subscriber Amendment, Policies & Notices Judicial Branch policies, or other security requirements or laws regulating access to the Court Records. d. Minnesota Data Practices Act Applicability. If Subscriber is a Minnesota Government entity that is subject to the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, Subscriber acknowledges and agrees that: (1) the Court is not subject to Minn. Stat. Ch. 13 (see section 13.90) but is subject to the Rules of Public Access and other iules promulgated by the Minnesota Supreme Court; (2) Minn. Stat section 13.03 subdivision 4(e) requires that Subscribes comply with the Rules of Public Access and other rules promulgated by the Minnesota Supreme Court for access to Court Records provided via the 7 BCA systems and tools under this Subscriber Amendment; (3) the use of and access to Couit Records may be restricted by rules promulgated by the Minnesota Supreme Court, applicable state statute or federal law; and (4) these applicable restrictions must be followed in the appropi iate circumstances. 13. FEES; INVOICES. Unless the Subscriber is an office, officer, department, division, agency, or bureau of the state of Minnesota, Subscriber shall pay the fees, if any set forth in applicable Policies & Notices, together with applicable sales, use or other taxes. Applicable monthly fees commence ten (10) days after notice of approval of the request pursuant to section 3 of this Subscriber Amendment oi upon the initial Subscribes transaction as defined in the Policies & Notices, whichever occurs earlier. When fees apply, the Court shall invoice Subscriber on a monthly basis for charges incurred in the preceding month and applicable taxes, if any and payment of all amounts shall be due upon receipt of invoice. If all amounts are not paid within 30 days of the date of the invoice, the Court may immediately cancel this Subscriber Amendment without notice to Subscriber and pursue all available legal remedies. Subscriber certifies that funds have been appropriated for the payment of charges under this Subsciiber Amendment foi the current fiscal year, if applicable 14. MODIFICATION OF FEES. Court may modify the fees by amending the Policies & Notices as provided herein, and the modified fees shall be effective on the date specified in the Policies & Notices, which shall not be less than thirty days from the publication of the Policies & Notices. Subscriber shall have the option of accepting such changes or terminating this Subscriber Amendment as provided in section 1 hereof 15. WARRANTY DISCLAIMERS. a. WARRANTY EXCLUSIONS. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDFD HEREIN, COURT, COURT'S LICENSORS AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT b. ACCURACY AND COMPLETENESS OF INFORMATION. WITHOUT LIMITING THE GENhRALITY OF THE PRECEDING PARAGRAPH, COURT, COURT'S LICENSORS, AND DCA MAKE NO WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION CONTAINED IN THE COURT RECORDS 16. RELATIONSHIP OF THE PARTIES. Subscriber is an independent contractor and shall not be deemed for any purpose to be an employee, partner, agent or franchisee of the Court Couit's licensors, or DCA. Neither Subscriber nor the Court, Court's licensors, or DCA shall have the right nor the authority to assume, create or incur any liability oi obligation of any kind, express or implied, against or in the name of or on behalf of the other. 17. NOTICE. Except as provided in section 2 regarding notices of or modifications to Authorized Court Data Services and Policies & Notices, any notice to Court or Subscriber 8 hereunder shall be deemed to have been received when personally delivered in writing or seventy- two (72) hours after it has been deposited in the United States mail, first class, proper postage prepaid, addressed to the party to whom it is intended at the address set forth on page one of this Agreement or at such other address of which notice has been given in accordance herewith. 18. NON -WAIVER The failure by any party at any time to enforce any of the provisions of this Subscriber Amendment or any right or remedy available hereunder or at law of in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, remedy or option or in any way affect the validity of this Subscriber Amendment The waiver of any default by either Party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed. 19. FORCE MAJEURE. Neither Subscriber nor Court shall be responsible for failure or delay in the performance of their respective obligations hereunder caused by acts beyond their reasonable control. 20. SEVERABILITY. hvery provision of this Subscriber Amendment shall be construed, to the extent possible, so as to be valid and enforceable. If any provision of this Subscriber Amendment so construed is held by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed severed from this Subscriber Amendment and all other provisions shall remain in full force and effect. 21. ASSIGNMENT AND BINDING EFFECT. Fxcept as otherwise expressly permitted herein, neither Subscriber nor Court may assign, delegate and/or otherwise transfer this Subscriber Amendment or any of its rights or obligations hereunder without the prior written consent of the other. This Subscriber Amendment shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any other legal entity into, by or with which Subscriber may be merged, acquired or consolidated. 22. GOVERNING LAW. This Subscriber Amendment shall in all respects be governed by and interpreted, construed and enforced in accordance with the laws of the United States and of the State of Minnesota. 23. VENUE AND JURISDICTION. Any action arising out of or relating to this Subscriber Amendment, its performance, enforcement or breach will be venued in a state or federal court situated within the State of Minnesota. Subscriber hereby irrevocably consents and submits itself to the personal jurisdiction of said courts for that purpose. 24. INTEGRATION. This Subscriber Amendment contains all negotiations and agreements between the parties. No other understanding regarding this Subscriber Amendment, whether written or oral, may be used to bind either party, provided that all terms and conditions of the CJDN Subscriber Agreement and all previous amendments remain in full force and effect except as supplemented or modified by this Subscriber Amendment. IN WIl'NESS WHEREOF, the Parties have, by their duly authorized officers, executed this Subscriber Amendment in duplicate intending to be bound thereby. 9 1. SUBSCRIBER (AGENCY) 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Subscriber must attach wi itten vei ification of authority to sign on behalf of and bind the entity, such as an opinion of counsel or resolution. Name: (PRINTED) Name: (PRINTED) Signed: Signed: Title: (with delegated authority) Title: Date: (with delegated authority) Date: 3. COMMISSIONER OF ADMINISTRATION delegated to Materials Management Division By: Date: Name: (PRINTED) Signed: Title: (with delegated authority) Date: 4. COURTS Authority granted to Bureau of Criminal Apprehension Name: (PRINTED) Signed: Title: (with authorized authority) Date: 10 MINNSOTA SWIFT Contract 14226447 MN062121A State of Vilfinnes ta rtt AgrmeM 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 Lauderdale on behalf of its Prosecuting Attorney ("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 1 DPS/BCA CJDN JPA_March 2021 SWIFT Contract $t226447 M N062121A 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://bca nextest.x.state.m n. us/Ia u nch pad/. 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/clisdocs/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 2 DPS/BCA CJDN JPA_March 2021 SWIFT Contract #226447 MN062121A 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 D epartment 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 U nit 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 G overnmental 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. At the time this Agreement is signed, BCA understands that a third party will be responsible for the cost of access. The Governmental Unit will identify the third party and provide the BCA with the contact information and its contact person for billing purposes so that billing can be established The Governmental Unit 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 3 DPS/BCA CJDN JPA_March 2021 SWIFT Contract #226447 MN062121A Saint Paul, MN 55106 Telephone: 651.793.1007 Email Address: Dana.Gotz@state.mn.us The Governmental Unit's Authorized Representative is the person below, or his/her successor: Name: Katrina Joseph, Attorney Address: 9422 Ulysses St NE, Suite 120 Blaine, MN 55434 Telephone: 612.787.7698 Email Address: katrina@hjlawmn.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. 4 DPS/BCA CJDN JPA_March 2021 SWIFT Contract #226447 MN062121A 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. 8 Government Data Practices 8.1 BCA and Governmental Unit. The Governmental Unit and BCA must comply with the Minnesota G overnment 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 G overnmental 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 G overnmental 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 G nit 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 G overnmental 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. 5 DPS/BCA CJDN JPA_March 2021 SWIFT Contract #226447 MN062121A 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 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. THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK 6 DPS/BCA CJDN JPA_March 2021 SWIFT Contract #226447 MN062121A The Parties indicate their agreement and authority to execute this Agreement by signing below. 1. GOVERNMENTAL UNIT 2. DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION Name: Name: (PRINTED) (PRINTED) Signed: Signed: Title: Title: (with delegated authority) (with delegated authority) Date: Date: Name: 3. COMMISSIONER OF ADMINISTRATION As delegated to the Office of State Procurement (PRINTED) By: Signed: Title: Date: (with delegated authority) 7 DPS/BCA CJDN JPA_March 2021 Date: LAUDERDALE COUNCIL ACTION FORM Action Requested Consent Public Hearing Discussion Action Resolution Work Session Meeting Date October 10, 2023 ITEM NUMBER STAFF INITIAL MNDOT Project Planning APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Chris Bower, Metro District North Area Engineer for MNDOT, will be at the meeting to provide the City Council with an update on plans for TH280. The Roseville public works director and Lauderdale city administrator met with Chris at the end of June to discuss pro- ject impacts. Chris' presentation appears to coves all of the most pressing issues we dis- cussed then. Chris will be available to answer questions from the city council and residents. 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Co C 0 em 1.73 so Co o +) -N U cu c W U Q O >1. 0 -0 O co Co 2 m 0 a) a) (i) 0 U L CD • O N a E N a) C .� . bra C CU aD U a) X • _ a) a) S a) 14--) U CD CU c a O •— a) :~ 0 :0 -1-) U Q C6 4.) to cu 4-) Li__ 0 Co 4--' o L L U ,0 L, O C CO E o co 00 I— • _c U CO a) L 4-) 0 I • co Christopher Bower christopherbower@state.mn.us