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SWFT Contract Number: 243406
STATE OF MINNESOTA
BCA VIOLENT CRIME REDUCTION UNIT
JOINT POWERS AGREEMENT
This Joint Powers Agreement ("Agreement") is between the State of Minnesota, acting through
its Commissioner of Public Safety on behatf of the Bureau of Criminal Apprehension ("BCA"),
and City of Colunbia Heights acting on behalf of its Police Departnent, 825 41"' Ave NE,
Colunbia HeiBhts, llN 55421 ("Governmental Unit"), together known as "Parties."
Recitals. Under Minnesota Statutes $ 471.59, the BCA and the Governmental Unit are empowered
to engage in agreements to jointly and cooperatively exercise their powers. The Parties wish
to work together to prevent, investigate, and prosecute violent crimes, including but not
limited to murder and assaults, the trafficking of illicit drugs and firearms, carjacking,
and other violent crlmes. The Governmental Unit wants to work cooperatively with the BCA
Violent Crlme Reduction Unit ("VCRU"), which is operated by the BCA.
Tern of Agreenent,
A. Effective Date. This Agreement is effective on the date the BCA obtains all
required signatures pursuant to Minnesota Statutes $ 16C.05, subdivision 2.
B. Expiration Date. This Agreement expires three (3) years from the Effective Date,
unless teminated at an earlier date pursuant to clause 14.
C, This Agreement does not establish an employment relationship between the BCA
and the Governmental Unit, nor any persons performing under the Agreement.
Purpose. The Governmental Unit and the BCA enter into this Agreement to facilitate the
cooperation and coordination of the Governnental Unit with the work of the VCRU, vhich
uses an array of proactive and reactive investigative technlques to prevent,
investigate, and prosecute vioLent crimei gathers infotmation necessary to identify
crime patterns and uses this information to develop strategies for prevention and
enforcement; and conducts outreach and education to community members, groups, and
stakeholders in order to facilitate the creation and implementation of solutions to
deter and prevent violent crime.
Rospons ibi l it ies of the Governnental Unit, The VCRU's interagency collaborative
approach is implemented via the performance of the following activities by the
Governmental Unit and any individuals working with the VCRU on its behalf, under the
leadership of the Special Asent in Charge of the VCRU (,the SAIC") and the VCRU,s
Assistant Special Asents in Charge ("ASAICs") :
A. Assign one or more investigators or employees of the Governmental Unit to the
VCRU. This agreement shall refer to them as ,.Assigned Investigator" or ,.Assigned
Employee, " throughout. These Assigned Investigators or Assigned Employees must
be approved to participate in VCRU activities, in advance of doing so, by the
BCA's Deputy Superintendent - Investigations. During the period of assignment
to this task force, the Governmental Unit will remain responsible for
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SWFT Contract Number: 243406
establishing the salary and benefits, including overtime, of the Assigned
Investigator(s) and/or Assigned Employee(s), and for making all payments due
them. BCA will reimburse the Governmental Unit for the fu1l salary and fringe
costs of the assigned employee, and will reimburse overtime costs of the assigned
employee up to $21, 000. 00.
Be willing and able to respond and/or work jointly on violent crimes and complete
any duties assigned to the Governmental Unit, by the SAIC, for the duration of
the term of this Agreement.
Conduct investigations in accordance with provi.sions of state and federal 1aw,
BCA policies and operating procedures as indicated herein, and any other
investigative standards required of a BCA Special Agent.
Investigate illicit firearrns trafficking crimes committed by organized groups
or individuals, including the trafficking in illicit firearns parts and the
illicit manufacture of firearms.
Investigate homicide, assault, carjacking and other crimes against the person
as directed by the SAIC/ASAICs, utilizing best investigative practices to create
prosecutable cases, and providing support to victims and witnesses involved
therein.
Investigate illicit street racing and automobile theft cases with a focus on
identifying and disrupting organizations or networks of individuals involved in
the commission or facilitation of such crimes,
Where indicated to have a nexus with firearms crimes or other violent crines
under VCRU investigation, investigate lllicit drug trafficking crimes as
necessary to facilitate VCRU investigative purposes.
Participate in operations to apprehend dangerous fugitives as directed by the
SA IClASAICs.
Maintain accurate records of prevention, education, and enfotcement activities,
to be collected and forwarded quarterly to the SAIC for statistical reporting
purposes.
Prepare an operational briefing sheet for each active operation, including
deconfliction measures as directed, to be approved by the SAIC/ASAICs.
Prepare investigative reports to be submitted to the BCA's chain of command.
Ensure evidence collected is appropriately collected, accounted for, and
retained in a BcA-authorized secure facility.
Each assigned investigator will be issued a body-worn camera by the BCA, to be
utilized in the course of VCRU actiyities. Assigned investigators will adhere
to BCA's policies regarding body-worn cameras, and shall ensure footage captured
by BCA-issued cameras is appropriately uploaded to the BCA system(s).
Participate in training as directed bv the SAIC/ASAICs or designee(s)-
l{hile conducting VCRU activities, adhere to the following BCA policies and/or
procedures:
l. BCA-1008 operation of a State Vehicle
2. DPS-5100 Acceptable Use of Department Computers, Electronic Equipment,
Information Systems and Resources
3. INV-7002 Informants
4. INV-7003 Confidentlal Funds
5. INV-7004 Police Pursuits and Emergency Vehicle 0perations
6. INV-7010 Critical Incidents
7. INV-7013 Evidence Handling
8. INV-7014 Procession of Property Seized for Administrative Forieiture
9. INV-7015 Inventory of Seized Impounded Vehicles
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SWFT Contract Number: 243406
10. INry-7016 Consumption of A1coholic Beverages
11. INry-7017 Reverse Undercover Drug Operati.ons
L2. INV-7020 Radio Communicat ions
13. INry-7022 Cellular Exploitation Equipment
14. INV 7026 Online Resources and Social Media in Investigative Activities
15. INry-T030ConsularNotification
16. INry-7033 Unmanned Aircraft Systems
17. INV-7034 Conflicts of Interest
18. IIW-7035 Search lVarants for Nighttime andlor Unannounced Entry
19. INV-7037 Body Worn Cameras
While conducting VCRU activities, adhere to required policies, operations p1ans,
or other operational guidance issued by the SAIC/ASAICs, including new policies
governing VCRU activities as directed.
Assigned Investigators must comply with the use of lorce provisions of their
home agency's policies,/procedures. Assigned Investigators must also comply with
directives issued by the SAIC/ASAICs. In the event of a conflict between the
use of force requirenents of the Assigned Investigator's home agency policy,
and the policies or directives of the VCRU, the policies and procedures of the
home agency shall govern. Prior to deployment in the fie1d, Assigned
Investigators will confer with the VCRU SAIC/ASAIC to identify any potential
use of force policy conflicts and pork to resolve them in advance of operational
activities.
Utilize task management and accountability programs and procedures, including
Time Tracker, as directed by the SAIC/ASAICs.
Submit aIl requests in the requested format for reimbursement in a timely manner
to the SAIC.
Responsibilities of the BCA. The aforementioned approach will be implemented via the
performance of the foJ.lowlng activltles by the BCA:
A. The BCA will provide the VCRU with a BCA Special Agent in Charge to serve as
thE SAIC Of thE VCRU.
B. Provide guidance and training, as appropriate, on all VCRU standards to be
followed by the Governmental Unit, Assigned Investigators, and Assigned
Employees.
C. Review, approve or decline, or request additional information on appropriately
submitted and pre-approved reimbursement requests, within three (3) business
days of rece ipt.
D. Provide reimbursement within thirty (30) business days of the appropriately
submitted and pre-approved reinbursement requests directly to the Governmental
Unit.
E. Provide supplies and equipment to Assigned Investigators and Assigned Employees.
Supplies issued to Assigned Investigators include, but are not limited to, a
squad vehicle, a body worn camera, a computer, a cellular phone, and office
supplies. Supplies issued to civilian Assigned Employees include, but are not
llmited to, a computer, a cellular phone, and office supplies, Supplies issued
to Assigned Investigators and Assigned Employees remain the property of the
State of Mlnnesota, and shall be remitted back to the BCA when the Assigned
Investigator or Assigned Employee leaves the VCRU.
F. Provide copies of body worn camera footage that captures or documents the
activities of the Governmental Unit's Assigned Investigator for purposes of
internal review/investigation by the Governmental Unit, upon request of the
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8CA VCRU .tPA 01/2024
DocuSign Envelope ID: EE5A31E0-9210-4703-9F2B-4EAEDC805451
SWFT Contract Number: 243406
Assigned Investigatot's chief law enforcement officer. Body worn camera
recordings shall be treated in accordance with the Minnesota Government Data
Practices Act, the premature disclosure of which could reasonably be expected
to interfere with criminal investigation and prosecution. The Governmental Unit
shall not further disseminate the recording(s) beyond the Governmental Unit or
release to the public f,,ithout consultatlon with the BCA.
Provide evidence storage at BCA headquarters or a BCA-approved secure facility.
Proceeds from assets seized through VCRU activities and forfeited through
judicial proceedings shal1 be naintained in a separate fund administered by the
state, for purposes of offsetting equipment expenses, future salaries, and other
expenses incurred by the VCRU. The BCA retains the right to distribute proceeds
from forfeited assets to the Governmental Unit at its discretion.
Standards of the Governnental Unit. The following standards must be met by the
Governmental Unit, each Assigned Ilvestigator, and each Assigned Employee:
A. Assigned Investigators must be licensed peace officers in good standing with
the Minnesota Peace 0fficer's Standards and Training Board (POST). Assigned
Investigators and Assigned Employees must be in good standing with their home
agency.
B. Assigned investigators and Assigned Employees must be skilled in a broad array
of investigative technologies and techniques, to be used as appropriate,
throughout their work with the VCRU.
C. Assigned Investigators and Assigned Employees must utilize task nanagement and
accountability programs and procedures, including Time Tracker, as directed by
the SAIC/ASAICs.
D. Asslgned Investigators and Assigned Employees will follow all applicable and
appropriate state and/or federal laws in al1 VCRU-related activities.
E. Assigned Investigators and Assigned Employees must be employed by the
Governmental [Jn i t.
F. Assigned Investigators and Assigned Employees must iollow best law enforcement
practlces in the discharge of their VCRU duties, conducting themselyes with the
highest degree of professionalism, avoiding any conflicts of interest, and
conducting their act ivi t ies impartially.
Euployuent Relationship, This agreement does not create an employment relationship
between the Assigned Investigators and,/or Assigned Employees and the BCA. All Assigned
Investigators & Assigned Employees from the Goverrunental Unit shall continue to be
employed and directly supervised by the same Governmental Unit currently employing that
member, regardless of their participation in VCRU activities. AII services, duties,
acts or omissions performed by the Assigned Employee or Assigned Investlgator will be
vithin the course and duty of their employment and, therefore, covered by any benefits
or protections provided them as employees of the Governmental Unit. This includes, but
is not limited to, workers compensation, health, and dental benefits. Nothing in this
Agreement sha11 otherwise limit the jurisdiction, powers, and responsibilities
possessed by an Assigned Investigator and Assigned Employee of the Governmental Unit.
Reinbursenent of Expenses, In order to obtain reimbursement for expenses associated
with activities of the VCRU, the Governmental Unit must:
A. Submit a written request, in the appropriate format, for pre-approval ol the
reimbursement for funds expended as a result of the activities of the VCRU.
B, If and when this pre-approval is received, the Governmental Unit may expend
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8CA VCRU JPA O1l2024
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SWFT Contract Number: 243406
funds to be relmbursed within the limitations of the pre-approval.
In order to receive reimbursement following this expenditure, the Governmental
Unit must supply original receipts to be reimbursed on the aforementioned pre-
approval s.
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8. Authorized Representatives.
The BCA's Authorized Representatiye is the individual noted be1ow, or his/her successor
Name: Scott Mueller, Deputy Superintendent
Address: Department of Publlc Safety, Bureau of Criminal Apprehension
1430 Maryland Avenue East
Saint Pau1, i{N 55106
Telephone: 651-793-1129
Email: Scott. D. MuellerOstate. mn. us
The Oovernmental Unit's Authorized Representative is the individual noted below or his,/her
successor:
Name: Lenny Austin, Chief of Police
Address: 825 41"1 Ave NE
Columbia Heights, MN 55421
Telephone: 763.706.8100
Email: Pol ice@columbi ahe ightsmn. gov
If either of the Parties must change their Authorized Representative, notice must be provided,
in writing, to the other party.
If either Authorized Representative will be unavailable for a significant period of time, a
temporary Authorized Representative may be assigned via the same notice process.
10.Liability. The Parties agree that each will be responsible for its own acts, omissions,
and/or the results thereof, to the extent permitted by law and shall not be responsible
for the acts or omissions of any others, and,/or 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 shal1 be governed
by provisions of the Municipal Tort Claims Act, Minnesota Statutes $$ 466. Ol-466. 15,
and other appl icable law.
11.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 andlor
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Assignnent, Anendnents, Yaiver, and Agree[ent Couplete.
A. Assignnent. The Governnental Unlt may neither assign nor transfer any rights or
obl igations under this Agreement.
B, Anendments. Any amendment to this Agreement must be in writing and will not be
effective until it has been executed and approved by both Parties, through their
Authorized Representat i ves.
C. f,aiver. If the BCA fails to enforce any provision of this Agreenent, that
failure does not waive the provision or its right to enforce it.
D. Agreenent Cotrplete. This Agreement contains all negotiations and aSreenents
between the BCA and the Governmental Unit. No other understanding regarding
this Agreement, whether written or oral, may be used to bind either party.
BCA VCRU JPA O1/2024
DocuSign Envelope ID: EE5A31E0-9210-4703-9F2B-4EAEDC805451
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15.
1) STATE ENCUITIBRANCE VERIFICATION
lndividual Certilies that funds have been encumbered as
roquired by Minnosota Statutes SS '16A.15 and 16C.05
Signed:
Date:
SWFT Contract Number: 243406
Legislative Auditor for a minimum of six (6) years from the end of this Agreement.
Gov€rnnent Dats 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 Agreenent. The civil remedies of
Uinnesota Statutes $ 13.08 apply to the release of the data referred to in this clause
by either the Governmental Unit or the BCA.
A. If the Governmental Unit receives a request to release the data refeffed to in
this clause, the Governmental Unit must immediately notify and consult with the
BCA's Authorized Representative as to how the Governmental Unit should respond
to the request. The Governmental Unit's response to the request shall comply
with appl icable 1aw.
Governing Lar, Jurisdiction, and Venue. Minnesota law, without regard to its choice-
of-law provisions, governs this Agreement. Venue for all legal proceedings that result
out of this Agreement, or its breach, must be in the appropriate state or federal court
with competent jurisdiction in Ramsey County, Minnesota.
Expiration and Ternination. tither 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 end of the 30 days. Upon expiration or
earlier termination of this Agreement, the Governmental Unit shall provide the VCRU
SAIC all investigative equipment and supplies provided by the VCRU and,/or the BCA.
Survival of Torms. The following clauses survive the expiration or cancellation of
this Agreement: 10, Liability; 11, Audits; 12, Governnent Data Practices: and 13,
Venue.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLAN(
2) DEPARTMENT OF PUBLIC SAFETY;
BUREAU OF CRIMINAL APPREHENSION
By:
(with dolegated autho.ity)
Tiue
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8CA VCRU.IPA 01/2024
Date
SWFT PO Number: 3-93155
DocuSign Envelope ID: EE5A31E0-9210-4703-9F2B-4EAEDC805451
2/13/2024 Deputy Superintendent
2/13/2024
3) GOVERNMENTAL UNIT
Tho Governmental Unit csrtifies that ths appropriate person(s)
has (have) executed this Agreement on behalf of the
Governmental Unit and its jurisdictional government entity as
required by
ordinances.
applicable laws, by-laws, resolutions, oa
By
Oatel
SWFT Contract Number: 243406
4) COMMTSSTONER OF AOMtNtSTRATtON
As dolegated to the Office of State Procursment
By
Date
By
By
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BCA VCRU.IPA 01/2024
DocuSign Envelope ID: EE5A31E0-9210-4703-9F2B-4EAEDC805451
2/15/2024