Resolution No. 2021-76 JPA for Financial Crimes Task Force
Resolution No. 2021-76
Approving a Joint Powers Agreement between the City of Fridley and the Minnesota
Department of Public Safety - Bureau of Criminal Apprehension (BCA) for Participation in
the Financial Crimes Task Force
Whereas, Minnesota Statute § 471.59 allows two or more governmental units, by agreement
entered into through action of their governing bodies, to jointly or cooperatively exercise any
power common to the contracting parties or any similar powers; and
Whereas, the Minnesota Department of Public Safety, Bureau of Criminal Apprehension
established the Minnesota Financial Crimes Task Force (MNFCTF) to cooperatively investigate and
prosecute identity theft and related financial crimes; and
Whereas, identity theft and financial crimes can have a significant impact on the financial stability
of residents and businesses in the City of Fridley; and
Whereas, identity theft and financial crimes perpetrated against residents and businesses in the
City of Fridley are often connected to individuals operating beyond the borders of the City; and
Whereas, the City of Fridley, on behalf of its Public Safety Department, desires to enter into Joint
Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of Criminal
Apprehension to participate in the Minnesota Financial Crimes Task Force (MNFCTF).
Now, therefore be it resolved, that the City Council of the City of Fridley agree to 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 Fridley on behalf
of its Public Safety Department.
Be it further resolved, that the Public Safety Director, Brian Weierke, or his successor, is designated
the Authorized Representative for the Public Safety 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.
Passed and adopted by the City Council of the City of Fridley this 27th day of September,
2021.
_______________________________________
Scott J. Lund – Mayor
Attest:
Melisa Moore – City Clerk
SWIFT Contract Number: 199316
STATE OF MINNESOTA
FINANCIAL CRIMES TASK FORCE
MULTIPLE-AGENCY LAW ENFORCEMENT JOINT POWERS AGREEMENT
This Multiple-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 on behalf of the Bureau of Criminal Apprehension (“State” or “BCA”), empowered to enter into
this Agreement pursuant to Minnesota Statutes § 471.59, subdivisions 10 and 12, and City of Fridley
acting on behalf of its Police Department, 7071 University Ave NE, Fridley, MN 55432 (“Governmental
Unit”), empowered to enter into this Agreement pursuant to Minnesota Statutes § 471.59, subdivision
10.
WHEREAS, the Governmental Unit wishes to participate in the Minnesota Financial Crimes Task Force
(“MNFCTF”) established to investigate and prosecute identity theft and related financial crimes.
NOW THEREFORE, the parties agree as follows:
1. Term
1.1 Effective Date. This Agreement is effective on the date State obtains all required signatures
pursuant to Minnesota Statutes § 16C.05, subdivision 2.
1.2 Expiration Date. This Agreement expires five (5) years from the Effective Date unless
terminated earlier pursuant to clause 12.
2. Purpose
The Governmental Unit approves, authorizes, and enters into this Agreement with the purpose of
implementing a three-pronged approach to combat financial crimes: prevention, education and
enforcement.
3. Standards
The Governmental Unit will adhere to the Minnesota Financial Crimes Task Force Standards
identified below:
3.1 Provide and assign only licensed peace officers for services pursuant to this Agreement.
3.2 Investigate major financial crimes by organized groups or individuals related to identity theft,
e.g., bank fraud, wire fraud, access device fraud, commercial fraud, retail fraud and other
similar economically-related forms of fraud (as defined in Minnesota Statutes § 609.52).
3.3 Prepare an investigative plan for each case assigned which will include: the identification of
witnesses and witness statements; and obtaining and analyzing appropriate bank and
business records.
3.4 Prepare a case synopsis which will include witness lists and relevant evidence for
presentation to state and/or federal prosecutors for prosecution.
3.5 Comply with state and/or federal laws in obtaining arrest warrants, search warrants and civil
and criminal forfeitures including compliance with proper legal procedures in securing
evidence and, when applicable, recovery of computers.
3.6 Understand and use appropriate legal procedures in the handling of informants including
documentation of identity, monitoring of activities, use and recordation of payments.
MNFCTF JPA_2017
SWIFT Contract Number: 199316
3.7 Use, as appropriate, a comprehensive portfolio of investigative technologies and techniques
including surveillance, covert technologies and undercover assignments.
3.8 Interview and prepare reports on the victims of financial crimes, directing those victims to
appropriate public and private resources to assist them in the recovery of their identities.
3.9 Investigate cases involving cross-jurisdictional and/or organized financial crime and high value
theft schemes. \[Note: An assignment may require travel throughout Greater Minnesota in
addition to the seven county metropolitan area as investigations expand or as assigned by the
task force commander.\]
4. Responsibilities of the Governmental Unit and the BCA
4.1 The Governmental Unit will:
4.1.1 Conduct investigations in accordance with provisions of the Minnesota Financial
Crimes Task Force Standards, identified in clause 3 above, and conclude such
investigations in a timely manner.
4.1.2 Maintain accurate records pertaining to prevention, education, and enforcement
activities, to be collected and forwarded quarterly to the MNFCTF Commander, or the
Commander’s designee, for statistical reporting purposes.
4.1.3 Assign one or more employees of the Governmental Unit as members to the
MNFCTF. All employees of the Governmental Unit assigned as members, and while
performing MNFCTF assignments, shall continue to be employed and directly
supervised by the same Governmental Unit currently employing that member. All
services, duties, acts or omissions performed by the MNFCTF member will be within
the course and duty of the member’s employment and therefore covered by the
Workers Compensation and other compensation programs of the Governmental Unit
including fringe benefits.
4.1.4 Make a reasonable good faith attempt to be represented at all scheduled MNFCTF
meetings in order to share information and resources among the MNFCTF members.
4.1.5 Participate fully in any audits required by the Minnesota Financial Crimes Task Force.
4.2 The parties mutually agree that any investigators assigned to the MNFCTF by the
Governmental Unit will be provided an undercover vehicle and basic equipment, e.g., gun,
handcuffs, vest, etc., by the Governmental Unit.
4.3 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities
normally possessed by a member as an employee of the Governmental Unit.
5. Reimbursement Requests and Payments
5.1 Upon the Effective Date of this Agreement, the Governmental Unit will be entitled to
reimbursements in accordance with clause 5.3.
5.2 The Governmental Unit will submit a written request to the MNFCTF Commander prior to
receiving a reimbursement from the BCA in accordance with clause 5.3. All requests will be
submitted using the Financial Crimes Task Force Outside Agency Reimbursement form
which will be provided by the BCA upon request from the Governmental Unit.
5.3 The Governmental Unit will only be reimbursed by the BCA for the following expenses which
must be pre-approved by the MNFCTF Commander: 1) overtime salary including fringe
benefits; 2) equipment; 3) training and training-related expenses directly incurred and relating
to performance of MNFCTF assignments.
5.4 Reimbursement by the BCA to the Governmental Unit will be made until all designated funds,
as identified in clause 5.5, have been expended.
5.5 BCA shall reimburse Governmental Unit an amount not to exceed Fifty Thousand and 00/100
Dollars ($50,000.00) during the Term of this Agreement.
5.6 The Governmental Unit shall submit original receipts when seeking reimbursement on pre-
approved requests. Approved reimbursements will be paid directly by the BCA to the
Governmental Unit within thirty (30) days after the BCA receives reimbursement request.
Reimbursement to the Governmental Unit will be paid to the Fridley Police Department, 7071
University Ave NE, Fridley, MN 55432.
MNFCTF JPA_2017
SWIFT Contract Number: 199316
6. Authorized Representatives
The BCA’s Authorized Representative is the person below or his successor:
Name: Donald Cheung, MNFCTF Commander
Address: Department of Public Safety; Bureau of Criminal Apprehension
1430 Maryland Street East
Saint Paul, MN 55106
Telephone: 651.793.1072
E-mail Address: donald.cheung@state.mn.us
The Governmental Unit’s Authorized Representative is the person below or his/her successor:
Name: Brian Weierke, Director of Public Safety
Address: Fridley Police Department
7071 University Ave NE
Fridley, MN 55432
Telephone: 763.572.3625
E-mail Address: Brian.Weierke@FridleyMN.gov
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 either party fails to enforce any provision of this Agreement, that failure does 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 State 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, 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.
MNFCTF JPA_2017
SWIFT Contract Number: 199316
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 Upon expiration or earlier termination of this Agreement, the Governmental Unit shall provide
the MNFCTF Commander, in a timely manner, all investigative equipment that was acquired
with funding received under this Agreement.
13. E-Verify Certification (In accordance with Minnesota Statutes § 16C.075)
For services valued in excess of $50,000, the Governmental Unit certifies that as of the date of
services performed on behalf of the BCA, the Governmental Unit and all its subcontractors will have
implemented or be in the process of implementing the federal E-Verify program for all newly hired
employees in the United States who will perform work on behalf of the BCA. The Governmental Unit
is responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify
Subcontractor Certification Form available at
http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications
must be kept on file with the Governmental Unit and made available to the BCA upon request.
14. 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 BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK
The State and the Governmental Unit indicate their agreement and authority to execute this
Agreement by signing below.
GOVERNMENTAL UNIT
Governmental Unit certifies that the appropriate persons have executed
this Agreement on behalf of the Governmental Unit and its jurisdictional
government entity as required by applicable articles, laws, by-laws, resolutions,
MNFCTF JPA_2017
SWIFT Contract Number: 199316
or ordinances.
__________________________________ ____________________
By and Title: _______________________ Date
Governmental Unit
__________________________________ ____________________
Governmental Unit Title: Date
__________________________________ ____________________
Governmental Unit Title: Date
DEPARTMENT OF PUBLIC SAFETY, BUREAU OF CRIMINAL APPREHENSION
______________________________ ____________________
Superintendent Date
COMMISSIONER OF ADMINISTRATION
As delegated to the Office of State Procurement
__________________________________ _____________________
By and Title: _______________________ Date
STATE ENCUMBRANCE VERIFICATION
Individual certifies that funds have been encumbered as
required by Minnesota Statutes §§ 16A.15 and 16C.05.
____________________________________ ____________________
Date
SWIFT P.O. Number: 3-68549
MNFCTF JPA_2017