HomeMy WebLinkAbout4.A.3. Renew Joint Powers Agreement with Minnesota Internet Crimes Against Children Task Force and BCA-Res. No. 7231 • 9 .4 .3 .
CITY OF SHAKOPEE
POLICE DEPARTMENT �.
Memorandum C S E f;
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jeff Tate, Chief of Police /Emergency Management Director
SUBJECT: Request to Adopt Resolution No. 7231, Approval to Renew the
Joint Powers Agreement with Minnesota Internet Crimes Against
Children Task Force and Bureau of Criminal Apprehension
DATE: September 4, 2012
ACTION SOUGHT:
The Shakopee Police Department is offering Resolution No. 7231 to renew a joint powers
agreement with the Minnesota Internet Crimes Against Children Task Force (MICAC)
and the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of
Criminal Apprehension (BCA). This agreement shall remain in effect through May 31,
2013, covering the 2012 -2013 grant cycle.
BACKGROUND:
The Shakopee Police Department and Minnesota Internet Crimes Against Children
(MICAC) affiliated agencies are 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. Currently, over 100 law
enforcement agencies in Minnesota are ICAC affiliates, including the Scott County
Sheriff's Office.
The MICAC Multi- Agency Law Enforcement Agreement involves a three- pronged
approach to combat internet crimes against children — prevention, education and
enforcement. Enforcement is already being performed by the Shakopee Police
Department by investigating our own cases involving internet crimes against children.
ICAC offers a program called "Netsmart", which assist's our department by providing
presentations and educational material for children and parents on the dangers of internet
predators. Also, being an affiliate of the ICAC task force allows police department
members to get funding for future training opportunities.
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VISIONING RELATIONSHIP:
This action supports:
Goal D — Maintain, improve and create strong partnerships with other public and
private sector entities.
BUDGET IMPACT:
There is no financial impact to the City of Shakopee.
RECOMMENDATION:
Staff recommends adopting Resolution No. 7231, renewing a joint powers agreement
with the Minnesota Internet Crimes Against Children Multi- Agency Task Force and the
State of Minnesota, acting through its Commissioner of Public Safety, Bureau of
Criminal Apprehension. This agreement shall remain in effect through May 31, 2013.
ACTION REQUESTED:
The City Council, if they concur, should by motion, adopt Resolution No. 7231, a
Resolution Renewing a Joint Powers Agreement with the Minnesota Internet Crimes
Against Children Multi- Agency Task Force and the State of Minnesota, acting through its
Commissioner of Public Safety, Bureau of Criminal Apprehension.
Attachments:
- Minnesota Internet Crimes Against Children Task Force, Multi- Agency Law
Enforcement Joint Powers Agreement (Contract No. 51625)
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CITY OF SHAKOPEE, MN
RESOLUTION NO. 7231
RESOLUTION RENEWING A JOINT POWERS AGREEMENT
with Minnesota Internet Crimes Against Children Task Force
WHEREAS, the City of Shakopee, on behalf of its Police Department, desires to renew a Joint
Powers Agreement with the State of Minnesota, acting through its Commissioner of Public Safety,
Bureau of Criminal Apprehension ( "Grantee "), to join together in a multi- agency law
enforcement 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. This agreement shall remain in effect through May 31, 2013.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Shakopee, Minnesota, as follows:
1. That the renewal of the Multi- Agency Law Enforcement Joint Powers Agreement by and
between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of
Criminal Apprehension, and the City of Shakopee, on behalf of its Police Department, is hereby
approved. Copies of the Multi- Agency Law Enforcement Joint Powers Agreement are attached
to this Resolution and made a part of it.
2. That the Chief of Police /Emergency Management Director, Jeff Tate, 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.
To assist the Authorized Representative with the administration of the agreement, the Captain of
the Services Division is appointed as the Authorized Representative's designee.
3. That Brad Tabke, the Mayor for the City of Shakopee; Mark McNeill, the City Administrator; and
Julie Linnihan, the City Clerk, are authorized to sign the State of Minnesota Multi- Agency Law
Enforcement Joint Powers Agreement.
Passed and Adopted by the Council on this 4th day of September , 2012.
CITY OF SHAKOPEE
By: [Brad Tabke]
Its Mayor
ATTEST:
By: [Julie Linnihan]
Its City Clerk
Contract No. 51625
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
Shakopee, acting through its Shakopee Police Department located at Shakopee Police
Department located at 475 Gorman Street, Shakopee, MN 55379, ( "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 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 finding, 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
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Contract No. 51625
ICAC Task Force, Minnesota State Affiliate Agency and Training & Technical Assistance
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 be within the course and duty of that
employment, and therefofe, 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 feceive 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 Shakopee, and mailed to the Shakopee Police Department,
475 Gorman Street, Shakopee, MN 55379.
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
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Contract No. 51625
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 $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
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Contract No. 51625
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: City Administrator Date
City of Shakopee
Title: City Clerk Date
City of Shakopee
•
Mayor or Board Chair Date
•
City of Shakopee
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)
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