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HomeMy WebLinkAboutItem 06.qAugust 23, 2011 Overview Item No. LAKEVILLE POLICE DEPARTMENT TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA Proposed Action Staff recommends adoption of the following motion: Move to approve the Multi - Agency Law Enforcement Joint Powers Agreement with State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension. Passage of this motion will allow the Lakeville Police Department to join together with over eighty law enforcement agencies in the MN Internet Crimes Against Children Task Force to investigate and prosecute criminal exploitation of children through the use of computers and the possession and distribution of child pornography using computers. The purpose of the Agreement is to implement a three - pronged approach to combat Internet Crimes Against Children: prevention, education and enforcement. The BCA was awarded a grant in the amount of $320,000.00 by the Office of Justice Programs. It shall be the policy of the Task Force agency members to adhere to strict guidelines with respect to investigations of computer related child exploitation. Primary Issues to Consider 9 Lakeville PD will be reimbursed by the State for actual costs and expenses related to performing MN ICAC Task Force assignments and /or training. • This Agreement may be terminated with or without cause upon 30 days written notice. Supporting Information ® See attached Joint Powers Agreement (three original documents); O Memo from Detective Russ Helmueller; and • Exhibit A. Thomas E. Vonho Chief of Police Financial Impact: $0 Budgeted: Y/N Source: Related Documents (GIP, ERP, etc.): Notes: ATTEST: Charlene Friedges, City Clerk CITY OF LAKEVILLE RESOLUTION NO. RESOLUTION AUTHORIZING THE LAKEVILLE POLICE DEPARTMENT TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE STATE OF MINNESOTA WHEREAS, the City of Lakeville on behalf of its Police Department desires to enter into a Multi- Agency Law Enforcement Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension with the MN Internet Crimes Against Children Task Force to investigate and prosecute crimes committed against children and the criminal exploitation of children through the use of computers; WHEREAS, the State of Minnesota requires a resolution of the City Council to participate; WHEREAS, the City Council has duly considered this matter and believes that it is in the best interest of the City to enter into a joint powers agreement. NOW, THEREFORE, BE IT RESOLVED that the City of Lakeville shall enter into a Multi- Agency Law Enforcement Joint Powers Agreement with the State of Minnesota, Department of Public Safety, Bureau of Criminal Apprehension, with the MN Internet Crimes Against Children Task Force. DATED this 6th day of September, 2011. CITY OF LAKEVILLE By: Mark Bellows, Mayor Minnesota Internet Crimes Against Children Task Force Contract No. DPS -M -0760 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 Lakeville, acting through its Lakeville Police Department located at 9237 183 Street, Lakeville, MN 55044. ("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: 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 perfonnance 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. DPS -M -0760 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 he 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 ICAO 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 Lakeville and mailed to the Lakeville Police Department, 9237 183 Street, Lakeville, MN 55044. 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 Pale 2 of 4 Page3 of4 Contract No. DPS -M -0760 1L The Undersigned Law Enforcement Agency shall be solely responsible for forwarding infonnation 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 tern 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 writin 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 tetutinate 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. 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 Undersigned Law En fs ement Agency cn le SA {Name }, {Title} {Agency Name} {Name), {Title} {Agency Name} {Mayor or Board Chair} {City of / or County} 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 deleaated authority? Page 4 of 4 Contract No, DPS -M -0760 Date Date Date Office of the Assistant Attorney General WusLmc +an A.C. 2011 September 13, 2010 Mr. Eric Knutson MinnesotaDeparlmcnt of Public Safety 1430 Maryland Avenue East St. Paul, MN 55106 -2802 Dear Mr. Knutson: On behalf ofAttorney General Eric Haider, it is mypleasure to inform you that the Office oflusticc Programs has approved your application for funding under the FY 10 Internet Cruces Against Children Task Force: Minnesota in the amount of 5720,000 for Minnesota Department of PublicSafety. Enclosed you will find the Grant Award and Special Conditions documents. Tnis award is subject to alt administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand- Should you not adhere to these requirements, you will be in violation of terms of this agreement and the award Will be subject to termination for cause or other administrative action as appropriate. If you havo questions regarding this award, please cantata: - Program Questions, Will Bronson, Program Manager at (202) 305 -2427; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458 -0786, or you may contact the CSC at ask.ocfa @usdoj.gov. Congratulations, and we look forward to working with yon. Sincerely, Enclosures Laurie Robinson Assistant Attorney General EXktsr B Department of Justice Office ofJustice Programs Memorandum To: Chief Thomas Vonhof From: Detective Russ Helmueller Date: August 24, 2011 Subject: ICAC Agreement City of Lakeville Police Department In response to your questions, I have been working with the Internet Crimes Against Children (ICAC) Task Force as a nonmember along with other detectives for years, and to date there has been no cost to the City of Lakeville. As a member of ICAC, valuable training and resources become available at no cost. ICAC routinely provides computer crimes investigative training as well as software and equipment to member agencies to investigate and forensically process ICAC related crimes. At the present time we are not a member of ICAC, but work with them taking cases that occur within the City of Lakeville. Our present approach is responsive as we currently do not have the resources to effectively and proactively investigate the exploitation and enticement of children by online sexual predators. Many times another member agency will locate suspects distributing child pornography online, but will focus on suspects located within their own jurisdiction due to investigative time restraints. Occasionally another agency will locate a subject distributing child pornography or attempting to entice a child from a Lakeville address and will go through the extra work of producing a case and referring it to Lakeville. As an ICAC Task Force Member, the Lakeville Police Department may receive training, equipment, software, and funds to reimburse an ICAC investigation or forensic processing beyond our routine duties. With the correct training, software and equipment we can proactively investigate and better protect the children of Lakeville. With the demographics and high ratio of Internet users in the City of Lakeville, computer crimes will continue to increase and as a result we need to take a proactive approach as well as establish more effective and efficient computer crimes investigations. As far as the cost to the City of Lakeville, I do not foresee any additional cost to become a member of ICAC, only benefits. I specifically asked the Commander of MN ICAC, MN BCA Senior Special Agent Donald Cheung, and was advised that joining ICAC would not add a burden to the Police Department or add extra expenses that we would not normally incur. I recommend that we join the ICAC Task Force to benefit the community as well as the City of Lakeville.