09-569Council File # 09-569
Green Sheet#3070182
RESOLUTION � �
CITY OF SAfNT PAUL, MINNESOTA
Presented by
1 Signatures on the attached council resolution authorizing the City of Saint Paul, Police Deparhnent to enter
2 into the attached Joint Powers Agreement with the State of Minnesota to participate in the Child Sexual
3 Predator Program to invesfigate and combat the exploitation of children which occurs through the use of
4 computers.
Requested ' Departm o£
�
By:
Approve i
Sy:
Approved b�ty omey
Sy:
Approved by� o fo�Subn
Adoption Certified by Cound Secretary By: �
By. -
Approv a r: Date � ,�j
By:
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09-569 �
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
� DepartmentlOftieelCouncil: ��
; Pp __ Police Department
Contaet Person & Phone:
Chief John Hartinpton
266-5588
Must Be on Council Agenda by (Date);
I 05-MAY-09 . � I Green Sheet NO: 3070182
y o
� �
Assign Z
Number 3
FCr
Routing � 4
Order � g
6
7
Doe. Type: RESOLUTION
E-0ocument Required: Y
Document Contad: Evette Scarver
Contaet Phone: 2665541
� Total # of Signature Pages 1(Clip All Locations for Signature)
i Action Requested: - ----- --�— --�----------
i Signatures on the attached council resolurion authorizing the Ciry of Saint Paul, Police Department to enter into the attached Joim
Powers Agreement with the State of Minnesota.
Recommendations: Approve (A) or Rejecl (R):
Planning Commission
CIB Committee
_.. Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1 Has lhis person/firm ever worked under a contract for this depariment'�
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nofmally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, lssues, Opportuniry (Who, What, When, Where, Why):
The Saint Paul Police Departrnent will participate in the CMId Sexual Pcedator Program to investigate and combat the exploitarion of
children which occurs through [he use of computers.
_ _ _ — ----------�-�--- --- ------------- ----
Advantages If Approved:
Opportunity to use grant funds to invesrigate and combat the exploitalion of children which oecurs through the use of computers.
Disadvantages H Approved:
None.
------- --- -------------------�---.._ _--�--- - ---�—�
DisativanWges If Not Approved:
Lost opportuniTy to use grant funds to investigate and combat the exploitarion of children which occurs through ffie use of computers
Total Amount of $5,000.00
TrensaMion:
Funa�ng soume: State of Minnesota
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
partrnent Y SeniToPerson InitiaNDate
Deoarm�ent , _ I . Police DeQartment_I _ ___ _ �
� I _ _ Cii _ Att _
- — - -- - D=rector, FSO__
_ J �OT �� _�
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May 5, 2009 11:14 AM Page 1
1�N� '.' �
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
CffiLD SEXUAL PREDATOR PROGRAM
AGREEMENT # 3000-1382
This agreement is between the State of Minnesota, acting through its Commissioner of Public Safety, Bureau of Criminal
Apprehension, located at 1430 Maryland Avenue E., St. Paul, Minnesota 55106 and Ciry of St. Paul, Police Deparhnent,
367 Grove Street, St. Paul, MN 55101.
Recitals
Under Minn. Stat. § 471.59, subd. 10, and Minn. Stat. § 15.51 — 15.59, the State is empowered to engage such assistance
as deemed necessary. The State was awazded a Federal gant from the U.S. Department of Justice, Office of Community
Oriented Policing Services (COPS), Child Sexual Predator Pro��am for investigative overtime reimbursement, training and
equipment. The State is in need of assistance from city and county law enforcement agencies in investigating and
combating the exploitation of children which occurs through the use of computers by providing funds for equipment,
training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such
investigafions.
Agreement
Term of Agreement
11 Effective date: April 1, 2009, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
1.2 E�iration date: September 30, 2010, or until all obligations have been satisfactorily fulfilled, whichever occurs
first.
2 Agreement between the Parties
2.1 Govemmental Unit's Responsibilities
A. All employees of the Governmental Unit shall be licensed peace officers or non-sworn employees must be assigned
or �liated with the Minnesota Internet Crimes Against Children (ICAC) Task Force.
B. When a contributed employee of the Governmental Unit acts on the behalf of the Minnesota ICAC Task Force
within the scope of this Agreement, the employee's actions are within the employee's line of duty and course of
employment to the same extent as if the employee had acted on behalf of the employee's employing Agency.
C. All members of the Governmental Unit shall continue to be employed by the same Law Enforcement Agency
employer which they were employed before joining the Minnesota ICAC Task Force and all services, duties, acts
or omissions performed by the member will be within the course and duty of that employment, and therefore, aze
covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to
that employer fringe benefits.
D. The Govemmental Unit shall submit accurate, timely financial records pertaining to enforcement and analytical
activities related to ICAC Task Force related investigations. Financial records shall be submitted in a format
consistent with E�ibit A attached to this Agreement.
E. The Governmental Unit must supply original receipts to be reimbursed on pre-approved requests; and
reimbursement will be paid directly by the State to the Govemmental Unit within 30 days of the date of invoice,
with payment made out to the City of St. Paul, Police Department, Accounts Receivable, 367 Grove Street, St.
Paul, MN 55101.
7oint Powers Ageement (Rev. 6/03)
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F. Investigations by the Governmental Unit under this agreement should be conducted and concluded in a timely
manner. The Govemmental Unit will only be reimbursed by the State for overtime hours and/or actual expenses
incurred related to the Community Oriented Policing Services (COPS) invesrigations and/or training through the
term of this ao eement or until all Federal funds under the COPS grant have been expended, whichever comes first.
G. The Govemmental Unit shall maintain accurate records pertaining to enforcement activities; to be collected and
forwarded monthly to the State's Authorized Representative or his designee for statistical reporting purposes.
H. The Governmental Unit shall retum to the State's Authorized Representative within sizty days investigative
equipment acquired by the State through grant funding as a result of this Agreement in the event that federal
funding under the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant for
investigative overtime reimbursement has been exhausted, the agreement is terminated as defined in clause 10.2 of
this Agreement, the Govemmental Unit breaches this Agreement, or upon expiration of this Aa eement.
2.2 State's Responsibilities
A. The State will provide the Governmental Unit with investigative equipment for the exclusive purpose to conduct
investigations re3ated to the Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant.
B. The State will reimburse the Governmental Unit far expenses incuned for training and meetings related to the
Community Oriented Policing Services (COPS), Child Sexual Predator Program Grant, and pre-approved by the
State's Authorized Representative.
C. The State will reimburse the Governmental Unit for overtime hours incurred related to the Community Oriented
Policing Services (COPS), Child Sexual Predator Program Grant, and approved by the State's Authorized
Representative.
3 Payment
A. Itemized invoices will be filed by the Governmental UniYs Authorized Representative of this agreement with the
State's Authorized Representative of this agreement in arrears, monthly and within 30 days of the period in which
service and/or training were provided.
B. Reimbursement to the Governmental Unit wil] be made by the State within 30 days of the date of invoice, and will
be paid directly to the City of St Paul, Police Deparirnent, Accounts Receivable, 367 Grove Street, St. Paul, MN
55101.
C. Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Governmental Unit as
a result of this agreement will be reimbursed for travel and subsistence expenses in the same manner and in no
greater amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of
Employee Relations. The Governmental Unit will not be reimbursed for travel and subsistence expenses incurred
outside Minnesota unless it has received the prior approval of the State's Authorized Representative for out of state
travel. Minnesota will be considered the home state for determining whether travel is out of state.
D. The State has a total Expense Budget of $241,481.00 that was approved under the Community Oriented Policing
Seroices (COPS), Child Sexual Predator Program Grant for investigative overtime hours and expense
reimbursement. Based on the number of Governmental Units participating in the COPS Child Sexual Predator
Program the total obligation of the 5tate for reimbursement of invesrigative overtime hours and expenses will not
exceed $5,000.00 for any one Govemmental Unit, unless approved by the State's Authorized Representarive.
E. Federal Funds. Payments under this agreement will be made from federal funds obtained by the State through
Title Child Sexual Predator Pro�ram CFDA number 16.710 of the Violent Crime Control and Law Enforcement
Act of 1994. The Govemmental Unit is responsible for compliance with all federal requirements imposed on these
Joint Powers Agreement (Rev 6/03)
09-569
funds and accepts full financial responsibility for any requirements imposed by the Governmental UniYs failure to
comply with federal requirements.
4 Authorized Representafives
The State's Authorized Representative is Eric Knutson, Special Agent in Charee. 1430 Maryland Avenue E.. St. Paul,
Minnesota 55106. telephone number 651-793-7000, or his/her successor.
The Govemmental UniYs Authorized Representative is Neil Nelson, Commander. 367 Grove Street St. Paul, MN
55101, 651-793-1045, or his/her successor.
Assignment, Amendments, Waiver, and Contract Complete
5.1 AssignmenL The Govemmental Unit may neither assign nor transfer any rights or obligations under this
a�eement without the prior consent of the State and a fully executed Assignment Agreement, executed and
approved by the same parties who executed and approved this agreement, or their successors in ofFice.
5.2 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.
53 Waiver. If the State fails to enforce any provision of this agreement, that failure does not waive the provision or its
right to enforce it.
5.4 Contract Complete. This agreement contains all negotiations and agreements between the State and the
Governmental Unit. No other understanding regarding this agreement, whether written or oral, may be used to
bind either party.
6 Liability
The Gavernmental Unit will indemnify, saue, and hold the State, its agents, and employees hanniess from any claims
or causes of action, including attorney's fees incurred by the State, azising from the performance of this agreement by
the Governmental Unit or the Governmental Unit's agents or employees. This clause will not be construed to bar any
legal remedies the Governmental Unit may have for the State's failure to fulfill its obligations under this agreement.
7 State Audits
The Governmental Unit shall participate fully in any audits required by the U.S. Department of Justice; and under
Minn. Stat. § 16CA5, subd. 5, the Govemmental UniPs books, records, documents, and accounting procedures and
practices relevant to this agreement are subject to examination by the State and/or the State Auditor or Legislative
Auditor, as appropriate, for a minimum of six yeazs from the end of this agreement.
Government Data Pracfices
The C,overnmental Unit and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch.
13, as it applies to all data provided by the State 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 remedaes
of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Governmental Unit or the
State.
If the Govemmental Unit receives a request to release the data referred to in this Clause, the Govemmental Unit must
immediately no6fy the State. The State will give the Governmental Unit insmxctions concerning the release of the data
to the requesting pariy before the data is released.
9 Venue
Venue for all lega] proceedings out of this agreement, or its breach, must be in the appropriate state or federal court
with competent jurisdiction in Ramsey County, Minnesota.
Joint Powen Ageement (Rev. 6(03)
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10 Termination
10.1 Termination. The State or the Govemmental Unit may terminate this a�eement at any time, with or without
cause, upon 30 days' written notice to the other party.
102 Termination for Insufftcient Funding. The State may immediately terminate this aa eement if it does not obtain
funding from the Minnesota I,egislature, or other funding source; or if funding cannot be continued at a level sufficient
to allow for the payment of the services covered here. Termination must be by written or fax notice to the
Governmental Unit. The State is pot obligated to pay for any services that aze provided after notice and effective date
of termination. However, the Governmental Unit will be entitled to payment, determined on a pro rata basis, for
services satisfactorily performed to the extent that funds aze available. The State will not be assessed any penalty if the
agreement is terminated because of the decision of the Minnesota Legislature, or other funding source, not to
appropriate funds. The State must provide the Govemmental Unit notice of the lack of funding within a reasonable
time of the State's receiving that notice.
L STATE ENCU BRANCE VERIFICATION
Indrvidua[ r(i s !ha( funds have n encumbered ac
requ�red 6 n. Stat §§ L6A.15 6CA�
Signed:
� .
Date: ' �
Agreement No. 3000-1382
2. GOVERNME L IT�
By:
Title:
Date:
By:
i
Title: City L�torney
Date:
By:
Title: Direqtor, FSO
Date: �
0
3. STATE AGENCY
By:
(with delegated authority)
Title:
Date:
4. COMMISSIONER
delegazed to MffiejalS�i
�
Date:
DisV�butron:
Agency
Govemmental Umt
Stzte's Auffiotized Repcesentative - PhoN Copy
Joint Powers Agreement (Rev 6/03) 4
09-569
E�ibit A
St. Paul Police Department
St. Paul Poiice Department
367 Grove Street
St. Paul, MN 55101
Telephone:651-291-11'It
Fax:657-2665675
www stoaul ao ldeots/oofce/
BILL TO: Bureau of Criminal Apprehension
Eric Knutson, Special Agent in Charge
1430 Maryland Avenue East
St. Paul, MN 55106-2802
657/793-1004 Faz:651/793-1005 TTY:651/282-6555
Intemet: http://wwa.dps.state.mn.us/bca
INVOICE
INVOICE NO.: ICAC-
DATE:
HOURS DESCRIPTION
Reimbursement for Computer Forensic Analyst andlor Investigators,
Internet Crimes Against Children, for the month of
Reference: Agreement # 3000-1382
Employee's Name and Rank
Overtime hours @ $
Employee's Name and itank
Overtime hours @ $
Employee ID: 01234567
Empfoyee ID: 98765432
{Reimbursement of expenses if pre-approved by State's Authorized Rep.)
I certify the above to be correct, and the amount claimed to be due and
payable.
Neil Nelson, Commander
St. Paul Police Department
Pavment Details
p Electronic Fund Transfer (EF'�
❑ Warrant
RATE TOTAL
$ $
$ $
$ $
Sub Total ( $
Tax Identification
Number. a�c-�000cooc
TOTAL I $
P/ease include invoice numbers with payment
7oint Powers Agreement (Rev. 6/03) 5