3.4. SR 04-18-2011City of
Elk -~--~
River
REQUEST FOR ACTION
TO ITEM NUMBER
Ma ox and Ci Council 3
AGENDA SECTION MEETING DATE PREPARED BY
Consent Aril 18, 2011 Ca tain Bob HIuntz
ITEM DESCRIPTION REVIEWED By
Joint Powers Agreement QPA) Between the Elk River Police Lori ohnson, Ci Administsatox
Department and the State of Minnesota Internet Crimes Against REVIEWED BY
Children Task Force (MICAC)
ACTION REQUESTED
Staff is requesting that the CouncIl approve the Joint Powers Agreement QPA), and that the Mayor sign
three copies of the agreement on behalf of the City.
BACKGROUND/DISCUSSION
The police department has had an ongoing relationship with the Minnesota Internet Crimes Against
Children Task Force (MICAC) fox several years. The MICAC is funded through a federal giant, which
has been administered through the Saint Paul Police Department since its inception. As of August 31,
2010, the State Bureau of Criminal Apprehension has taken over the oversight responsibility of the Task
Force, thus requiring a new JPA.
Cuxxendy the Elk River Police Department has one detective assigned as a member of the MICAC. That
detective receives free training as part of the giant and utilizes the knowledge gained to work these types
of cases within our jurisdiction, as well as to assist neighboring departments when needed. As part of this
task force, our agency has also received assistance from other Task Force members while working cases
within the City.
The main goal of the MICAC is to protect children from on-line predators. A synopsis of their activities
fox 2010 has been included in the attached letter from the Bureau of Criminal Apprehension.
FINANCIAL IMPACT
None
ATTACHMENTS
Letter dated March 28, 2011 from the Bureau of Criminal Apprehension.
A copy of the JPA fox the MICAC.
Action Motion by Second b}' Vote
Follow Up
N:APublic Rodie<ACity CouncilVCouncil RCAVAhn;nda PacketAU41tS-2011\PD]PA.doex
Bureau of Criminal Apprehension
1430 Maryland Avenue East • Saint Paul, Minnesota 55106-2802
Phone: 651.793.7000 • Fax: 651.793.7001 • TTY: 651.282.6555
www.dps state.mn.us/bca/
Alcohol
and Gambling
Enforcement
ARMER/971
Program
Bureau of
Criminal
Apprehension
Driver and
Vehicle Services
Homeland
Security and
. Emergency
Management
Minnesota
State Patrol
Office of
Communications
Office of
Justice Programs
Office of
Traffic Safety
State Fire
Marshal and
Pipeline Safety
Minnesota
~~~~~~~
March 28, 2011
Elk River Police Department
Detective Eric Balabon
13077 Orono Parkway
Elk River. MN 55330
Dear Task Force Member:
Welcome to the Minnesota Internet Crimes Against Children Task Force (MICAC).
Your agency has joined over eighty law enforcement agencies throughout the state of
Minnesota who have made the formal commitment to protect our children from
exploitation by on-line sexual predators.
I would like to take this opportunity to thank you for your agency's dedication and
commitment to the Minnesota Internet Crimes Against Children Task Force. I am
pleased to inform you as of August 31, 2010, the Minnesota Bureau of Criminal
Apprehension (BCA) will become the new MICAC grant administrator. BCA Senior
Special Agent Donald Cheung will assume the role as Commander of the MICAC
Task Force.
executed 169 search warrants, and made 137 arrests.
The Saint Paul Police Department did an outstanding job developing the task force
and protecting children in our community during the last ten years. In 2010, MICAC
received 239 Cyber Tips, conducted 60 internet enticement investigations,
approximately 600 child pornography investigations (both reactive and proactive),
MICAC also provides investigative and computer forensic support, as well as internet
investigation training for MICAC affiliates and non-affiliate agencies throughout
Minnesota. In 2010. the MICAC task force conducted over 800 forensic examinations
statewide.
We will continue to expand our partnership with law enforcement agencies throughout
Minnesota. Our goal, as the grant administrator, is to support your agency's initiatives
in addressing internet crime and related issues in your community.
EQUAL OPPORTUNITY EMPLOYER
~~N"(OF PUa(CT Bureau of Criminal Apprehension
p
° 1430 Maryland Avenue East • Saint Paul, Minnesota 55106-2802
Phone: 651.793.7000 • Fax: 651.793.7001 • TTY: 651.282.6555
s'q~orM~N„E5°"` www.dps.state.mn.us/bca/
Enclosed you will find three copies of the Joint Powers Agreement (JPA) from the
State of Minnesota. The agreements must be signed by a representative of your
jurisdiction's governing body, i.e., designated city council member, city manager,
county commissioner, etc. All three copies must be signed and returned to the
Alcohol
and Gambling Bureau of Criminal Apprehension (BCA).
Enforcement
ARMFRisii Upon final review and approval of the signed agreements, the Bureau of Criminal
Program Apprehension (BCA) will return a copy of the approved and signed Joint Powers
Bureau of Agreement (JPA) to your agency.
Criminal
Apprehension
We have enclosed a resolution example guide to assist your agency in obtaining the
Driver and
Vehicle Services correct authorized signatures for the Joint Powers Agreement. Once it is approved by
Homeland a member of your governing body, the document will allow you to sign all future Joint
Security and Powers Agreement (JPA's), with the MICAC Task Force.
Emergency
Management
Minnesota Please note that the current MICAC federal grant cycle expires on May 31, 2011.
State Patrol The State of Minnesota requires that the JPA correspond to the annual federal
Office of grant cycle. Therefore, the JPA that is attached to this letter will also expire on
Communications May 31, 2011. You will receive a new JPA for the 2011-2012 ICAC grant cycle
Office of prior to June 1, 2011.
Justice Programs
office of If you have any questions or concerns, please do not hesitate to call me or
Traffic Safety
Commander Cheung. Again, welcome to the Minnesota Internet Crimes Against
State Fire
Marshal and Children Task Force.
Pipeline Safety
Regards
,A
David Bjerga
Acting Superintendent
Minnesota,BCA '~~
~i
,
~/
/
~ b
~
~
"~°~ef _
~
Don Id C.et~ng
_ MICAC Commander
ora~~
Minnesota BCA
Enclosures (4)
DC/so
EQUAL OPPORTUNITY EMPLOYER
Contract No. DPS-M-0502
Minnesota Internet Crimes Against Children Task Force
Multi-Agency Law Enforcement Joint Powers Agreement
This Multi-Agency Law Enforcement Joint Powers Agreement, and amendments and
supplements thereto, ("Agreement') is between the State of Minnesota, acting through its
Commissioner of Public Safety. Bureau of Criminal Apprehension ("Grantee ~), empowered to
enter into this Agreement pursuant to Minn. Stat. § 471.59. Subd. 10 & 12, and City of Elk
River, acting through its Elk River Police Department located at 13077 Orono Parkway, Elk
River, MN 55330, ("Undersigned Law Enforcement Agency'), empowered to enter into this
Agreement pursuant to Minn. Stat. § 471.59, Subd. 10,
Whereas, the above subscribed parties have joined together in a multi-aeency task force intended
to investigate and prosecute crimes committed against children and the criminal exploitation of
children that is committed and/or facilitated by or through the use of computers, and to disrupt
and dismantle organizations engaging in such activity; and
Whereas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute
criminal, civil, and forfeiture actions against identified violators, as appropriate; and
Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit A)
disbursed by the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") in
Washington, D.C. to assist law enforcement in investigating and combating the exploitation of
children which occurs through the use of computers by providing funding for equipment,
training, and expenses. including travel and overtime funding, which are incurred by law
enforcement as a result of such investigations; and
Whereas, the OJJDP Internet Crimes Against Children ("ICAC") has established a Working
Group of Directors representing each of the existing ICAC Task Forces to oversee the operation
of the grant and sub-grant recipients; and the State of Minnesota, acting through its
Commissioner of Public Safety, Bureau of Criminal Apprehension has designated Donald
Cheung as the Commander of the Minnesota ICAC Task Force.
Now Therefore, the parties agree as follows:
1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this
Agreement with the purpose ofimplementing athree-pronged approach to combat Internet
Crimes Against Children: prevention, education and enforcement; and
2. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force
Program Standards contained in Exhibit B attached to this Agreement, in addition to
complying with applicable Minnesota state and federal laws in the performance of this
Agreement, including conducting undercover operations relative to ICAC, ; a list of Regional
ICAC Task Force, Minnesota State Affiliate Agency and Training & Technical Assistance
Page 1 of 5
Contract No. DPS-M-0502
Program contact information is contained in Exhibit C attached to this Agreement; and
3. Exhibits A and B are incorporated into this Agreement and made a part thereof. In the event
of a conflict between this Agreement and the Exhibits, the terms of the Exhibits prevail; and
The Undersigned Law Enforcement Agency and the Grantee agree that each parry w111 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. The Grantee's liability
shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes,
Section 3.736, and other applicable law. The undersigned Law Enforcement Agency s
liability shall be governed by the provisions of the Municipal Tort Claims Act, Minnesota
Statutes, Section 466.01 - 466.1, and other applicable law; and
All members of the Undersigned Law Enforcement Agency shall continue to be employed
and directly supervised by the same Law Enforcement Agency employer which currently
employs the member performing Minnesota ICAC Task Force assignments; and all services,
duties, acts or omissions performed by the member will be within the course and duty of that
employment, and therefore, are covered by the Workers Compensation programs of that
employer; will be paid by that employer and entitled to that employer's fringe benefits; and
6. The Undersigned Law Enforcement Agency must first submit a written request for funds and
receive approval for the funds from the Grantee to receive any funds from the Grantee; and
The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed
on pre-approved requests. Approved reimbursement will be paid drrectly by the Grantee to
the Undersigned Law Enforcement Agency within 30 days of the date of invoice, with
payment made out to the City of Elk River, and mailed to the Elk River Police Department,
13077 Orono Parkway, Elk River, MN 55330.
8. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to
prevention, education, and enforcement activities, to be collected and forwarded monthly to
the Minnesota ICAC Task Force Commander or his designee for statistical reporting
purposes; and
9. The Undersigned Law Enforcement Agency shall participate fully in any audits required by
the OJJDP. In addition, under Minn. Stat. § 16C.05, subd. 5, the Undersigned law
Enforcement Agencys books, records, documents, and accounting procedures and practices
relevant to this Agreement are subject to examination by the Grantee and/or the Minnesota
State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end
date of this Agreement; and
10. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be
represented at any scheduled regional meetings in order to share information and resources
amongst the multiple entities; and
Page 2 of 5
Contract No. DPS-M-0502
11. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding
information relative to investigative targets to the Child Pornography Pointer System (CPPS)
pursuant to the OJJDP guidelines; and
12. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force
Commander in a timely manner all investigative equipment that was acquired through OJJDP
grant funding; in the event that future federal funding is no longer available, the Undersigned
Law Enforcement Agency decides to dissolve its binding relationship with the Minnesota
ICAC Task Force and the State of Minnesota Department of Public Safety, or the
Undersigned Law Enforcement Agency breaches the Agreement.
13. That the Grantee may reimburse, the Undersigned Law Enforcement Agency for the
following duties:
A. Investigations by the Undersigned Law Enforcement Agency under this agreement should
be conducted in accordance with the OJJDP ICAC Task Force Program Standards
contained in Exhibit B, and concluded in a timely manner. The Undersigned Law
Enforcement Agency will only be reimbursed by the Grantee for overtime hours inclusive
of fringe benefits of actual hours and/or actual expenses incurred related to performing
Minnesota ICAC Task Force assignments and/or training approved by the Minnesota
ICAC Task Force Commander through the term of this agreement or until all Federal
funds under the OJJDP grant have been expended, whichever comes first.
B. The Grantee has a TOTAL Expense Budget of $320.000.00 that was approved under the
OJJDP Internet Crimes Against Children (`'ICAC") Grant for investigative hours and
expense reimbursement. The Undersigned Law Enforcement Agency participating in the
Minnesota ICAC Task Force investigations will be reimbursed by the Grantee for actual
costs as defined in Clause 13, Section A., to the extent such actual costs have been
reviewed and approved by the Minnesota ICAC Task Force Commander.
14. 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.
15. The Undersigned Law Enforcement Agency and the Grantee may terminate this Agreement at
any time, with or without cause, upon 30 days' written notice to the other party.
16. Terms of this agreement:
This Agreement shall be effective on the date the Undersigned Law Enforcement Agency
obtains all required signatures under Minn. Stat. § 16C.05, Subd. 2, and shall remain in
effective through May 31, 2011 unless terminated or canceled. Upon the effective date of
this Agreement, the Undersigned Law Enforcement Agency will be entitled to
reimbursements approved by the Grantee dating back to September 13, 2010 for
Paee 3 of>
Contract No. DPS-M-0502
overtime salary including fringe benefits, equipment, training and expenses to the
extent Grantee has available funds to pay such and they have been approved consistent
with Clausel3, Section B. Nothing in this Asreement shall otherwise limit the jurisdiction,
powers, and responsibilities normally possessed by an employee as a member of the
Undersigned Law Enforcement Agency.
1. Undersigned Law Enforcement Agency
Undersigned Law Enforcement Agency certifies that the appropriate
person(s) have executed the Agreement on behalf of the Undersigned
Law Enforcement Agency and its jurisdictional government entity as
required by applicable articles, laws, by-laws, resolutions., or ordinances.
~1~(X.E`; ~ ISf,+~rE , ~}-itEi= oA ICS+Cc
By and Title
Undersigned Law Enforcement Agency
G4' ~`
Title:
City of Elk River
Title:
City of Elk River
Mayor or Board Chair
City of Elk River
Department or Public Safety,
Bureau of Criminal Apprehension
Name:
Signed:
Title:
(With delegated authority)
`~ /! ~%
Date
Y`!/ / ~/
Date
Date
Date
Date
Page 4 of 5
Contract No. DPS-M-0502
3. Commissioner of Administration
By and Title
MN Department of Administration
(With delegated authority)
Date
Paee 5 of i