08.01 - e-Charging Resolution/Joint Powers Agreement

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STATE OF MINNESOTA JOINT POWERS AGREEMENT DPS Contract No. DPS -M -0858 This agreement is between the State of Minnesota, acting through its Department of Public Safety, Bureau of Criminal Apprehension, 1430 Maryland Avenue East, St. Paul, Minnesota, 55106 ( "State ") and City of Pequot Lakes on behalf of its Police Department and City Attorney, 4638 County Road 11, Pequot Lakes, Minnesota 56472, ( "Governmental Unit "). Recitals Under Minn. Stat. § 471.59, subd. 10, the State is empowered to engage such assistance as deemed necessary. The State has a service that provides communication and work flow tools for law enforcement, prosecutors and the courts known as "eCharging." Statutory requirements for the eCharging service are found in Minn. Stat. §299C .41. Agreement Term of Agreement 1.1 Effective date: This agreement is effective on the date the State obtains all required signatures under Minn. Stat. § 16C.05, subdivision 2. 1.2 Expiration date: This agreement ends five years from the effective date or when all obligations have been satisfactorily fulfilled, whichever occurs first. Agreement between the Parties The purpose of this agreement is to document what functionalities within eCharging the Governmental Unit will be using. These functionalities include (a) communicating information from law enforcement to a prosecutor to evaluate whether to bring criminal charges against an individual, (b) creating the charging document, (c) transmitting administrative forms about driving while intoxicated (DWI) to the Department of Public Safety, Driver and Vehicle Services Division; (d) transmitting electronic citations from law enforcement directly to the courts; and (e) transmitting charging documents from law enforcement and prosecutors to the courts for approval and filing. �. The Governmental Unit wishes to use the following eCharging functionalities: (a) communicating information from law enforcement to a prosecutor to evaluate whether to bring criminal charges against an individual, (b) creating the charging document (c) transmitting administrative forms about driving while intoxicated (DWI) to the Department of Public Safety, Driver and Vehicle Services Division; (d) transmitting electronic citations from law enforcement directly to the courts; and (e) transmitting charging documents from law enforcement and prosecutors to the courts for approval and filing. 3 Payment There is no cost to either party for eCharging. 4 Authorized Representatives The State's Authorized Representative is Oded Galili, Deputy Director of Minnesota Justice Information Services, Bureau of Criminal Apprehension, 1430 Maryland Avenue East, St. Paul, Minnesota, 55106, (651) 793 -2710, or his/her successor. The Governmental Unit's Authorized Representative is Jerry Braam, Chief, Pequot Lakes Police Department, 4638 County Road 11, Pequot Lakes, Minnesota 56472, (218) 568 -8111. 5 Assignment, Amendments, Waiver, and Contract Complete 5.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this agreement without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this agreement, or their successors in office. 5.2 Amendments. Any amendment to this agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original agreement, or their successors in office. Joint Powers Aartement (Rev. 6/03)