4.3. SR 10-15-2012 lcti* REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 4.3
AGENDA SECTION MEETING DATE PREPARED BY
Consent October 15,2012 Bob Kluntz,Police Captain
ITEM DESCRIPTION REVIEWED By
Resolution for State of Minnesota Joint Powers Agreement with Cal Portner, City Administrator
the City of Elk River on Behalf of its Police Department and REVIEWED BY
Designating the Legal Authority for Signing Contracts
ACTION REQUESTED
Council motion to adopt resolution approving a State of Minnesota Joint Powers Agreement with the
City of Elk River on behalf of its Police Department and designating the legal authority for signing
contracts.
BACKGROUND/DISCUSSION
The Police Department has had an ongoing relationship with the Minnesota Internet Crimes Against
Children Task Force (MICAC) for several years. The MICAC is funded through a federal grant,which is
administered through the Minnesota Department of Public Safety,Bureau of Criminal Apprehension.
As a member of this Task Force,the Elk River Police Department works with the Bureau and other
member agencies to help prevent and investigate crimes where children are victimized over the Internet;
including child pornography and solicitation for sex.
WithBy having 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 Joint Powers Agreement is brought to the City Council on a yearly basis for renewal consideration.
In the resolution,the Mayor and City Clerk are authorized to sign the State of Minnesota Joint Powers
Agreement.The Police Chief, or his successor,is designated to sign any subsequent amendments to the
Agreement in order to maintain the city's connection to the systems and tools offered by the state.
FINANCIAL IMPACT
This agreement has a positive financial impact for the city as it allows for a staff member to attend free
training sessions,which normally would cost hundreds of dollars.
ATTACHMENTS
• Letter dated August 24,2012, from the Bureau of Criminal Apprehension.
• A copy of the Joint Powers Agreement for the MICAC.
• Resolution approving State of Minnesota Joint Powers Agreements with the City of Elk River
on behalf of its Police Department and designating the legal authority for signing contracts.
ItLATLJPEI e N:\Public Bodies\City Council\Council RCA\Agenda Packet\10-15-2012\ICAC 2012 Request.docx
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
S OFPu , Bureau of Criminal Apprehension
1430 Maryland Avenue East • Saint Paul, Minnesota 55106-2802
• 651.793.7001 • TTY: 651.282.6555
Phone: 651.793.7000 • Fax: 651.793.700
_
° 4>FQFM`h��so` http://bca.dps.mn.gov
August 24, 2012
Alcohol
and Gambling
Enforcement Elk River Police Department
Bureau of Criminal Detective Eric Balabon
Apprehension 13077 Orono Parkway
Driver Elk River, MN 55330
and Vehicle
Services
Emergency
Communication Dear Task Force Member:
Networks
Homeland Once again, it is time to renew our Joint Powers Agreement (JPA). Our current JPA
Security and has expired. The new JPA will cover the 2012-13 grant cycle.
Emergency
Management
Minnesota Enclosed you will find three copies of the Joint Powers Agreement (JPA) from the
State Patrol State of Minnesota. All three copies must be signed by a representative of your
Office of jurisdiction's governing body, i.e., designated city council member, city manager,
Communications county commissioner, etc. All three copies must be signed and returned to the
Office of Minnesota Bureau of Criminal Apprehension (BCA).
Justice Programs
Office of Also, before the JPA can be implemented, the MMB (Minnesota Management and
Traffic Safety
Budget) requests a signed RESOLUTION in addition to the signed JPA. The
State Fire resolution grants legal authority for signing contracts for the cities and counties
Marshal g g Y 9 9
identified. Failure to provide the RESOLUTION in addition to the three copies of
Office of
Pipeline Safety the JPA will result in a delay. Upon final review and approval of the signed
agreements, the BCA will return a copy of the approved and signed JPA to your
agency.
In closing, I would like to thank you for your agency's dedication and commitment to
the Minnesota Internet Crimes Against Children Taskforce (MICAC). Your agency has
joined over 100 other state and federal law enforcement agencies throughout the
state of Minnesota who have made the formal commitment to protect our children
from exploitation by online sexual predators.
1IIcA■
FArr-xxi or GirrdP ,or,eroion
EQUAL OPPORTUNITY EMPLOYER
MINNESOTA DEPARTMENT OF PUBLIC SAFETY
QP�x.�toc OF Ptiez cs9 Bureau of Criminal Apprehension
mn,
1 0 �*� < 1430 Maryland Avenue East • Saint Paul, Minnesota 55106-2802
/ � • • 651.282.6555
Phone: 651.793.7000 • Fax: 651.793.7001 • TTY:
`,' .,..9,so http://bca.dps.mn.gov
Last year, through our combined efforts, we arrested over 150 online predators,
conducted over 703 investigations (both proactive and reactive), and conducted over
Alcohol 808 computer forensic examinations. Your agency's dedication made these
and Gambling accomplishments possible.
Enforcement
Bureau of Criminal 'egards,
2
Apprehension
Driver }
and Vehicle
Services Don- • Cheung
II
M1CAC Commander
Emergency
Communication
Networks Enclosures
Homeland DC/so
Security and
Emergency
Management
Minnesota
State Patrol
Office of
Communications
Office of
Justice Programs
Office of
Traffic Safety
State Fire
Marshal
Office of
Pipeline Safety
FAin??'1'nesoto
Bureau of CdrrAnd Apprehension
EQUAL OPPORTUNITY EMPLOYER
Contract No. 51159
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-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:
1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this
Agreement with the purpose of implementing a three-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 4
Contract No. 51159
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
5. 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
7. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed
on pre-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 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 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 _
Page2of4
Contract No. 51159
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, 2013, 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. 51159
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.
By and Title Date
Undersigned Law Enforcement Agency
Title: G'Nte"F 40 etb a c.c Date
City of Elk River
Title: C / � C Date
City of Elk River
Mayor it Date
City of Elk River
2. Department or Public Safety,
Bureau of Criminal Apprehension
Name:
Signed:
•
Title:
(With delegated authority) Date
3. Commissioner of Administration
By and Title Date
MN Department of Administration
(With delegated authority)
Page 4 of 4
•
RESOLUTION 12 -
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION APPROVING A STATE OF MINNESOTA JOINT POWERS
AGREEMENT WITH THE CITY OF ELK RIVER ON BEHALF OF ITS POLICE
DEPARTMENT AND DESIGNATING THE LEGAL AUTHORITY FOR SIGNING
CONTRACTS
WHEREAS, the City of Elk River on behalf of its Police Department desires to enter
. into a Joint Powers Agreement with the State of Minnesota,Department of
Public Safety,Bureau of Criminal Apprehension to participate as a task
force member in the Minnesota Internet Crimes Against Children Task
Force.
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 Agreement 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 Police Department,are
hereby approved. One copy of the Joint Powers Agreements is attached to this
Resolution and made a part of it.
2. That the Police Chief Brad Rolfe, or his 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 John Dietz,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 15th day of October 2012.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk