CR2012-135 Joint Powers AgreementNovember 20, 2012
Council Report 2012-135
State of Minnesota Joint Powers Agreement with the City of Hopkins on Behalf
of Its City Attorney and Police Department.
Proposed Action
Staff recommends adoption of the following motion: Move to adopt Resolution 2012-
089 approving the State of Minnesota Joint Powers Agreement with the City of Hopkins
on Behalf of its City Attorney and Police Department.
Overview
The Hopkins Police Department has been a part of a joint powers agreement in the
past with the State of Minnesota, Department of Public Safety, Bureau of Criminal
Apprehension, Internet Crimes Against Children Taskforce. The term for this new
agreement will be effective for the rest of 2012 and will expire on May 31, 2013. The
pact allows members from the Hopkins Police Department to receive support from the
State of Minnesota and over eighty law enforcement agencies to address internet crime
and related issues in our community.
Primary Issues to Consider
• If the State of Minnesota Is sued for any reason concerning this
agreement, the City of Hopkins could also be part of that law suite.
Supporting Information
Multi -Agency Law Enforcement Joint Powers Agreement for Minnesota
Internet Crimes Against Children Task Force.
Council Resolution 2012-089
Michael J. Reynol s
Chief of Police
Financial Impact: $_0 Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Contract No. 051512
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 Hopkins,
acting through its Hopkins Police Department located at 1010 First Street South, Hopkins, MIN
55343, ("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 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
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 o£4
Contract No. 051512
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 parry 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 Hopkins and mailed to the Hopkins Police Department,
1010 First Street South, Hopkins, MN 55343.
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
Page 2 of 4
Contract No. 051512
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
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.
BV and Title
Undersigned Law Enforcement Agency
Title:
City of Hopkins
Title:
City of Hopkins
Mayor or Board Chair
City of Hopkins
2. Department or Public Safety,
Bureau of Criminal Apprehension
Name:
Signed:
Title:
(With delegated authority)
3. Commissioner of Administration
Contract No. 051512
Date
Date
Date
Date
Date
By and Title Date
MN Department of Administration
With delegated authority)
Page 4 of 4
City of Hopkins
Hennepin County, Minnesota
RESOLUTION NO. 2012-089
WHEREAS, the City of Hopkins on behalf of its Prosecuting Attorney and Police
Department desires to enter into Joint Powers Agreement with the State of Minnesota,
Department of Public Safety, Bureau of Criminal Apprehension to use systems and
tools available over the State's criminal justice data communications network for which
the City is eligible. The Joint Powers Agreement further provide the City with the
ability to add, modify and delete connectivity, systems and tools over the life of the
agreement and obligates the City to pay the costs for the network connection.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Hopkins as
follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of
Minnesota acting through its Department of Public Safety, Bureau of Criminal
Apprehension and the City of Hopkins on behalf of its Prosecuting Attorney and
Police Department, are hereby approved. Copies of Joint Powers Agreement are
attached to this Resolution and made a part of it.
2. That the Police Chief, Michael J. Reynolds, or his or her 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 the City Attorney, Law Firm of Steiner & Curtiss, P. A, 1011 1 st Street South
#400, Hopkins, MN 55343, or their successor, is designated the Authorized
Representative for the Prosecuting Attorney. 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.
4. That Gene Maxwell, the Mayor for the City of Hopkins and Mike Mornson, the City
Manager, are authorized to sign the State of Minnesota Joint Powers Agreements.
Adopted by the City Council of the City of Hopkins this 20th day of November, 2012.
LIM
ATTEST:
Kris Luedke, City Clerk
Gene Maxwell, Mayor