HomeMy WebLinkAbout24-140 - ADMIN Resolution - City Council - 2024/11/04Resolution No. 24-140
Approving State of Minnesota Joint Powers Agreements with the City of St.
Louis Park on behalf of its Police Department regarding the Minnesota Internet
Crimes Against Children Task Force (ICAC)
Whereas, the City of St. Louis Park on behalf of its Police Department desires to enter into Joint
Powers Agreements 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 St. Louis Park, Minnesota 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 St. Louis Park on behalf of its Police Department, are hereby approved. A copy of
the Joint Powers Agreement is attached to this Resolution and made a part of it.
2. That the police chief, Bryan Kruelle, 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 Nadia Mohamed, the Mayor for the city of St. Louis Park, and Melissa Kennedy, the City
Clerk, are authorized to sign the State of Minnesota Joint Powers Agreements.
Reviewed for administration: Adopted by the city council November 4, 2024:
Kim Keller, city manager Nadia Mohamed, mayor
Attest:
Melissa Kennedy, city clerk
Docusign Envelope ID: 74DD26EE-DF11-4148-A89C-B25C733908E8
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 St Louis Park on behalf of its Police Department at 3015 Raleigh Ave S. St. Louis
Park, MN 55416” (“Governmental Unit”). The BCA and Governmental Unit may be referred to
jointly as “Parties”.
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.
Docusign Envelope ID: 74DD26EE-DF11-4148-A89C-B25C733908E8
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.
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 Government Unit must submit Performance Measure data to the ICAC
DataSystem (IDS) by the end of each month for the duration of this Agreement.
The BCA must fulfil as a recipient of the Office of Juvenile Justice Delinquency
Prevention (OJJDP) grant award for MN ICAC Task Force in partnering with law
enforcement agencies. Failure to timely provide the OJJDP with Performance
Measure data may jeopardize the BCA’s future grant qualifications as well as
result in the delinquent law enforcement agency’s denial to participate in MN
ICAC Task Force.
4.1.2 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.
4.1.3 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.
4.1.4 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.
4.1.5 Allow BCA to inform participating agencies of potential case connections based
on data submitted to BCA through the ICAC Program.
4.1.6 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 Special Agent In Charge who will serve as the Commander of the Task
Force.
Docusign Envelope ID: 74DD26EE-DF11-4148-A89C-B25C733908E8
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 her successor:
Name: Bobbi Jo Pazdernik, 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: bobbijo.pazdernik@state.mn.us
The Governmental Unit’s Authorized Representative is the following person or his/her
successor:
Name Bryan Kruelle, Police Chief
Address: 3015 Raleigh Ave S. St. Louis Park, MN 55416
Telephone: 952-924-2610
E-mail Address: bkruelle@stlouisparkmn.gov
If the Governmental Unit’s Authorized Representative changes at any time during this
Agreement, the Governmental Unit must immediately notify the BCA’s Authorized
Representative above.
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
Docusign Envelope ID: 74DD26EE-DF11-4148-A89C-B25C733908E8
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 BCA. The BCA 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
Docusign Envelope ID: 74DD26EE-DF11-4148-A89C-B25C733908E8
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.
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.
1. STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minnesota Statutes §§ 16A.15 and 16C.05.
Signed: ______________________________________________
Date: ________________________________________________
2. 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: _________________________________________________
Title: ________________________________________________
Date: _______________________________________________
By: _________________________________________________
Title: ________________________________________________
Docusign Envelope ID: 74DD26EE-DF11-4148-A89C-B25C733908E8
Date: _______________________________________________
By: _________________________________________________
Title: ________________________________________________
Date: _______________________________________________
3. DEPARTMENT OF PUBLIC SAFETY; BUREAU OF CRIMINAL
APPREHENSION
By: _______________________________________________
(with delegated authority)
Title: Deputy Superintendent, Investigations_____________
Date: ______________________________________________
4. COMMISSIONER OF ADMINISTRATION
As delegated to the Office of State Procurement
By: ________________________________________________
Date: ______________________________________________
Docusign Envelope ID: 74DD26EE-DF11-4148-A89C-B25C733908E8