4.5. SR 09-16-2013 City of
Elk - Request for Action
River O.
To Item Number
Mayor and City Council 4.5
Agenda Section Meeting Date Prepared by
Consent September 16, 2013 Bob Kluntz, Police Captain
Item Description Reviewed by
Joint Powers Agreement with the Bureau Criminal Cal Portner, City Administrator
Apprehension for the MN Internet Crimes Against Reviewed by
Children Taskforce
Action Requested
Adopt by resolution a State of Minnesota Joint Powers Agreement OPA) 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 Taskforce (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 Taskforce,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.
By having this agreement,the Taskforce is able to offer free training to our staff and offers investigative
assistance with these often complex cases. In return the department has a detective assigned as a liaison
to the Taskforce,and that person aids in starting initial case investigations when the jurisdiction is not yet
known.
Previously the renewal occurred on an annual basis. The state is requesting that with this renewal the JPA
will remain in effect for a period of three years. 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 7, 2013, 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.
P a w E R E U 6 Y
NaA f RE]
I
i
ME 01 WE
OF PU a
Q 1430 Maryland Avenue East 0 Saint Paul, Minnesota 55106-2802
Phone: 651.793.7000 0 Fax: 651.793.7001 0 TTY: 651.282.6555
sTgTFOFMINNE50�P http://bca.dps.mn.gov
i
I
August 7, 2013
Alcohol Elk River Police Department
and Gambling Attn: Eric Balabon
Enforcement 13077 Orono Parkway
Bureau of Criminal Elk River, MN 55330 55330
Apprehension
Driver Dear Eric Balabon:
and Vehicle
Services
Emergency Once again, it is time to renew our Joint Powers Agreement (JPA). Our current JPA
Communication has expired. The new JPA shall remain effective through May 31, 2016.
Networks
Homeland Enclosed you will find three copies of the Joint Powers Agreement JPA from the
Security and Y p� g (JPA)
Emergency State of Minnesota. All three copies must be signed by a representative of your
Management
jurisdiction's governing body, i.e., designated city council member, city manager,
Minnesota county commissioner, etc. All three copies must be signed and returned to the
State Patrol
Office of Minnesota Bureau of Criminal Apprehension (BCA).
Communications
Office of
Before the JPA can be implemented, the MMB (Minnesota Management and Budget)
Justice Programs requests a signed resolution in addition to the signed JPA. The resolution grants legal
Office of authority for signing contracts for the cities and counties identified. Failure to provide
Traffic Safety the resolution in addition to the three copies of the JPA will result in a delay. Upon
State Fire final review and approval of the signed agreements, the BCA will return a copy of the
Marshal approved and signed JPA to your agency.
Office of
Pipeline Safety Thank you for your agency's dedication and commitment to the Minnesota Internet
Crimes Against Children Taskforce (MICAC). Your agency has joined approximately
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.
Regards,
j
Minnesota
!BCA Donal cf/ g
Bureau of Cxnird Apprehension MIN ICAC Commander
r
Minnesota B4.6I"""rs
EQUAL OPPORTUNITY EMPLOYER
Contract No. 62650
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. § 471.5 9, Subd. 10 & 12, and City of Elk
River, acting through its Elk River Police Department, located at 13077 Orono Parkway
River, 55330. ("Undersigned Law Enforcement Agency"), empowered to enter into this
Agreement pursuant to Minn. Stat. § 471.5 9, 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'Wherefore,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
Page 1 of 5
Contract No. 62650
Agreement, including conducting undercover operations relative to ICAC, ; a list of Regional
ICAC Task Force, Minnesota State Affiliate Agency and Training&Technical Assistance
Program contact information is available at
http://www.ojidp. og v/programs/progsummary.asp?pi=3#Resources ; 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
Page 2 of 5
Contract No. 62650
amongst the multiple entities; and
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$347,101.00 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.
i
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, 2016 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 July 1,2013 for overtime
Page 3 of 5
Contract No. 62650
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 Agreement 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.
By and Title Date
Undersigned Law Enforcement Agency
Title: Date
City of Elk River
i
i
Title: Date
City of Elk River
Mayor or Board Chair Date
City of Elk River
Page 4 of 5
Contract No. 62650
2. Department or Public Safety,
Bureau of Criminal Apprehension
Name:
Signed:
Title:
(With delegated authority) Date
3. Commissioner of Administration
By and Title Date
i
MN Department of Administration
(With delegated authority)
Page 5 of 5
L��City of
Elk
River
Resolution 13-
A Resolution of the City of Elk River 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 16`'day of September 2013.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
p I I E I E 0 1T
NATURE