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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: � 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 �� _� i� -�- _� ___� :'�.�:��.�" .. ' "��+�! 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) ��1 1 1 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) ,�� ��• 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