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3.6. SR 06-20-2011REQUEST FOR ACTION ver TO ITEM NUMBER Ma or and Ci Council 3.6. AGENDA SECTION MEETING DATE PREPARED BY Consent une 20, 2011 Bob Kluntz, Police Ca tain ITEM DESCRIPTION REVIEWED By Resolution Approving the State of Minnesota Joint Powers Tim Simon, Finance Director Agreement with the City of Elk River on Behalf of its City REVIEWED BY Attorney and Police Department ACTION REQUESTED Adopt attached resolution approving the State of Minnesota Joint Powers Agreement with the City of Elk River Police Department and City Attorney's Office. BACKGROUND/DISCUSSION The State of Minnesota, Bureau of Criminal Apprehension, is now the financial agent for the Minnesota Internet Crimes Against Children (ICAC) task force for this region. As a member of this task force, the Elk River Police Department works with the Bureau and other agencies of ICAC to help prevent and investigate crimes where children are victimized over the internet; including child pornography and solicitation for sex. Through this agreement the task force is able to offer free training to our staff and offers investigative assistance with these often complex cases. In return the police department has a detective assigned as a liaison to the task force, and that person aids in starting initial case investigations when the jurisdiction is not yet known. The resolution refers to two joint powers agreements but only one is attached for your review. The Council approved the other agreement in September 2010. That agreement is with the BCA and is the "Master" agreement that is used to facilitate all their services. The ICAC program requires a second JPA due to the fact that it is funded through a federal grant. FINANCIAL IMPACT None ATTACHMENTS Cover Letter from the Bureau of Criminal Apprehension. Resolution Action Motion by Second by Vote FOIIOW Up N:\PubGc Bodies\Ciry Council\Council RCA\Age;nda Packet\06-20-2011\ICAC Resolution.docx Bureau ® 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/911 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 &xeau of CAmmal Apprehenvai May 26, 2011 Elk River Police Department 13077 Orono Parkway Elk River, MN 55330 Dear Task Force Member: Once again, it is time to renew our Joint Powers Agreement (.iPA). Our current agreement is scheduled to empire on May 31, 2011. The new JPA will ewer the 2011-i2 grant cycle ~~~h~ch expires on May 31, 2012. Enclosed you ~r~il find three copies of the Joint Powers Agreement (JPA) from the State of Minnesota. Ali copies must be signed by a representative of your jurisdiction's governing body, i.e., designated city council member; city rr~anager, and court-y commissioner, etc. All three copies annst be signed amd ret€>:r>~ed to the Mi.~anesota 13€arean of Criminal Apprehension ~C 4}. Also, before the J-FA can be imple~~ented, the Minnesota Management and Budget (TVLMB) REQL~RES a signed RE~E~LI:.?T~Ol'd in addition to the signed JPA. The resolution grants legal authority for signing contracts for tlhe cities and counties identified. l alrsre to prQVide the RES€3Ll_iTI~N and the three signed copies of the d~ A w ill remit in a delay. L'pon final review and approval of the signed agreements, the BCA will return a copy of the approved and signed JPA to your agency. IViICAC commander Enclosures DC/so EQUAL OPPORTUNITY EMPLOYER RESOLUTION 1 I - A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENTS WITH THE CITY OF ELK RIVER ON BEHALF OF ITS CITY ATTORNEY AND POLICE DEPARTMENT WHEREAS, the City of Elk River on behalf of its Prosecuting Attorney and Police Department desires to enter into Joint Powers Agreements with the State of Minnesota, Department 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 Agreement 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 the City of Elk River, 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 Elk River on behalf of its Prosecuting Attorney and Police Department, are hereby approved. Copies of two Joint Powers Agreements are attached to this Resolution and made a part of it. 2. That the Police Chief, Brad Rolfe, or his or her successor, is designated the Authorized Representative for the Police Department. The Authorized Representative is also authorized to sign any subsequent amendment ox 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 Attorney, Scott Baumgartner, or his or hex successor, is designated the Authorized Representative for the Prosecuting Attorney. 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. 4. That John Dietz, the Mayor of Elk River and Tina Allard, the City Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements. Passed and adopted this day of June 2011. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk C:\Documents and Settings\rkluntz\Local Settings\Temporary Internet Files\Content.0utlook\7HI16L8I\JPA PD.doc Contract No. DPS-M-0502 Minnesota Internet Crimes Against Children Task Force IViuiti-Agency La~v enforcement Joint Pov~ers 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. § 47L~9, 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 amulti-agency 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: The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Agreement with the purpose of implementing 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 Pace 1 of 4 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 4. The Undersigned Law Enforcement Agency and the Grantee agree that 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. 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 - 466.15, 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 far funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 7. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed onpre-approved requests. Approved reimbursement will be paid directly 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 ICAO 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 Agency's 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 4 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 ICAO 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, 2012, unless terminated or canceled. Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Undersigned Law Enforcement Agency. Page 3 of 4 Contract No. DPS-M-0502 1. Undersigned Law Enforcement Agencv 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. By and Title Date Undersigned Law Enforcement Agencv Title: Date City of Elk River Title: City of Elk River Mayor e~°-Bee~~-C-h~i r City of Elk River 2. Department or Public Safety, Bureau of Criminal Apprehension Name: Signed: Title: (With delegated authority) 3. Commissioner of Administration By and Title MN Department of Administration fWith delegated authority) Date Date Date Date Page 4 of 4