HomeMy WebLinkAboutItem 06.i
Date: Item No.
JOINT POWERS AGREEMENT REGARDING
INTERNET CRIMES AGAINST CHILDREN
Proposed Action
Staff recommends adoption of the following motion: Move to approve resolution approving
State of Minnesota Joint Powers Agreement regarding the Minnesota Internet Crimes Against
Children Task Force (ICAC)
Overview
Internet crimes, specifically against children, require specialized training and equipment. This
Joint Powers Agreement provides access to training, equipment and investigative resources as
well as reimbursement for some of these activities. The City of Lakeville Police Department has
participated in the ICAC program for 6 or more years and continues to utilize this program to
protect children in Lakeville.
Primary Issues to Consider
• The Lakeville Police Department is required to investigate crimes occurring in our city.
This JPA provides training, equipment and software needed for those investigations.
• Specific training and techniques are required to perform these investigations. This JPA
provides access to the specific training needed to investigate crimes against children.
Supporting Information
• Joint Powers Agreement reviewed by the City Attorney
Financial Impact: $ Budgeted: Y☒ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: John Kornmann, Deputy Chief
October 7, 2019
1000 Operating Budget
CITY OF LAKEVILLE
RESOLUTION NO. ____
RESOLUTION APPROVING STATE OF MINNESOTA JOINT POWERS AGREEMENT
MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE (ICAC)
WHEREAS, the City of Lakeville, 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 utilize applicable state and federal laws to investigate
and prosecute crimes committed against children and the criminal exploitation on children
that is committed and/or facilitated by or through the use of computers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota as
follows:
1. The 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 Lakeville on
behalf of its Police Department, is hereby approved.
2. Police Detective Troy Hokanson 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.
Approved this 7th day of October 2019
CITY OF LAKEVILLE
_________________________________________
By: Douglas P. Anderson, Mayor
ATTEST:
____________________________________
Charlene Friedges, City Clerk
SWIFT Contract Number: 152989
ORI: MN01911000
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152989 2019 ICAC JPA Lakeville PD
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE
This Joint Powers Agreement (“Agreement”) is between the State of Minnesota, acting through its Commissioner of Public
Safety on behalf of the Bureau of Criminal Apprehension (“BCA”), and the City of Lakeville on behalf of its Police
Department, 9237 183rd Street, Lakeville, MN 55044” (“Governmental Unit”).
Recitals
Under Minnesota Statutes, § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that
are necessary to exercise their powers. The parties wish to work together 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 these activities. The Governmental Unit wants to
participate in the Minnesota Internet Crimes Against Children (ICAC) Task Force and be provided reimbursement of the
following: equipment, training, and expenses (including travel and overtime) as are incurred by law enforcement as a
result of ongoing investigations.
Agreement
1. Term of Agreement
1.1 Effective Date. This Agreement is effective on the date BCA obtains all required signatures pursuant to
Minnesota Statutes, § 16C.05, subdivision 2.
1.2 Expiration Date. This Agreement expires five years from the date it is effective unless terminated earlier
pursuant to clause 12.
2. Purpose
The Governmental Unit and BCA enter into this Agreement to implement a three-pronged approach of prevention,
education and enforcement to combat internet crimes against children. This Agreement provides the mechanism to
reimburse the Governmental Unit for equipment, training and expenses (including travel and overtime), which are
incurred by law enforcement as a result of these investigations.
3. Standards
The Governmental Unit will adhere to the ICAC Program standards identified below.
3.1 Investigate activities related to internet crimes and the exploitation of children through the use of computers.
3.2 Investigate organizations to disrupt and dismantle crimes committed against children.
3.3 Investigators will follow appropriate state and/or federal laws in obtaining arrest warrants, search warrants and
civil and criminal forfeitures. Investigators will follow proper legal procedures in securing evidence, including
electronic devices.
3.4 Investigators will understand and use appropriate legal procedures in the use of informants including
documentation of identity, monitoring of activities, and use and recordation of payments.
SWIFT Contract Number: 152989
ORI: MN01911000
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152989 2019 ICAC JPA Lakeville PD
3.5 Investigators will use, as appropriate, the most current investigative technologies and techniques.
3.6 Investigators must be licensed Minnesota peace officers.
3.7 Investigators will comply with the guidelines of the Department of Justice Internet Crimes Against Children
Program Operational and Investigative Standards.
4. Responsibilities of the Governmental Unit and the BCA
4.1 The Governmental Unit will:
4.1.1 Assign a Governmental Unit point of contact to act as the liaison between it and the BCA ICAC Project
Commander to assist in reimbursement deadlines.
4.1.2 Submit an ICAC reimbursement request for pre-approval of funds. This request shall include a
description of the item requested for reimbursement and an explanation of how it qualifies under the
required criteria in Clauses 3.1 and 3.2 and an operational plan.
4.1.3 Conduct investigations in accordance with provisions of the ICAC Operational and Investigative
Standards, identified in Clause 3.7 above, and conclude the investigations in a timely manner.
4.1.4 Allow BCA to inform participating agencies of potential case connections based on data submitted to
BCA through the ICAC Program.
4.1.5 Not comingle ICAC funds with any other existing federal or state grant funded overtime or additional
local Governmental Unit funding.
4.2 The BCA will:
4.2.1 Provide a Senior Special Agent who will serve as the Commander of the Task Force.
4.2.2 Review and approve or decline reimbursement requests under clause 4.1.2 within seven (7) business
days of the reimbursement request.
4.3 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed
by a Governmental Unit acting through its employees.
5. Payment
5.1 To receive reimbursement for an expense, Governmental Unit must make a request for reimbursement to the
BCA Authorized Representative under the required criteria for operational and investigative standards.
5.2 To receive approved reimbursement, Governmental Unit must submit an expense form no later than 15
business days after the end of the month during which the expense is incurred.
5.3 The BCA will pay the Governmental Unit within thirty (30) calendar days of the submission of the expense form.
5.4 In the event Governmental Unit breaches this Agreement, it will not be eligible to receive reimbursement for any
expenses.
6. Authorized Representatives
The BCA’s Authorized Representative is the following person or his successor:
Name: Donald Cheung, Senior Special Agent/Commander of MN ICAC
Address: Department of Public Safety; Bureau of Criminal Apprehension
1430 Maryland Street East
Saint Paul, MN 55106
Telephone: 651.793.7000
E-mail Address: donald.cheung@state.mn.us
The Governmental Unit’s Authorized Representative is the following person or his/her successor:
Name Troy Hokanson
Address: Lakeville Police Department
9327 183rd Street
Lakeville, MN 55044
Telephone: 952-985-2800
E-mail Address: thokanson@lakevillemn.gov
SWIFT Contract Number: 152989
ORI: MN01911000
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152989 2019 ICAC JPA Lakeville PD
If the Governmental Unit’s Authorized Representative changes at any time during this Agreement, the Governmental
Unit must immediately notify the BCA.
7. Assignment, Amendments, Waiver, and Agreement Complete
7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this
Agreement.
7.2 Amendments. 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.
7.3 Waiver. If the BCA fails to enforce any provision of this Agreement, that failure does not waive the provision or
its right to enforce it.
7.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the
Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to
bind either party.
8. Liability
The BCA and the Governmental Unit agree 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 BCA’s
liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes, § 3.736, and other
applicable law. The Governmental Unit’s liability shall be governed by provisions of the Municipal Tort Claims Act,
Minnesota Statutes, §§ 466.01-466.15, and other applicable law.
9. Audits
Under Minnesota Statutes, § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, and
accounting procedures and practices relevant to this Agreement are subject to examination by the BCA and/or the
State Auditor and/or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this
Agreement.
10. Government Data Practices
The Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13 and other applicable law, as it applies to all data provided by the BCA under this Agreement and
as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental
Unit under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred
to in this clause by either the Governmental Unit or the BCA.
If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must
immediately notify the State. The State will give the Governmental Unit instructions concerning the release of the data
to the requesting party before the data is released.
11. Venue
The venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
12. Expiration and Termination
12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the
other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in
accordance with the terms of this Agreement through the date of termination.
12.2 In the event that federal funding is no longer available, the BCA will email the Governmental Unit’s Authorized
Representative and terminate the Agreement. The termination will be effective two (2) business days after email
notification to the Governmental Unit; and the Governmental Unit shall receive reimbursement in accordance
with the terms of this Agreement through the date of termination.
SWIFT Contract Number: 152989
ORI: MN01911000
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152989 2019 ICAC JPA Lakeville PD
13. Continuing Obligations
The following clauses survive the expiration or cancellation of this Agreement: 8, Liability; 9, Audits; 10, Government
Data Practices; and 11, Venue.
The parties indicate their agreement and authority to execute this Agreement by signing below.
GOVERNMENTAL UNIT
Governmental Unit certifies that the appropriate person(s) has(have) executed
this Agreement on behalf of the Governmental Unit and its jurisdictional
government entity as required by applicable articles, laws, by-laws, resolutions,
or ordinances.
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
By and Title: _____________________________________________________ ______________
Governmental Unit Date
DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION
By and Title: _____________________________________________________ ______________
(with delegated authority) Date
COMMISSIONER OF ADMINISTRATION
As delegated to the Office of State Procurement
By: _____________________________________________________________ ______________
Date