Loading...
02-63Presented By: Referred To: �L Committee:Date: 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the attached 2 agreement, which includes an indemnitication clause, with Woodbury Poliee Department for participation 3 in the Saint Paul Police Department's Internet Crimes Against Children Task Force. A copy of this 4 agreement is to be kept on file and on record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: Benanav Adopted by Council: I Adoption erti� by By: Approved by y r: Council File # p �, � G'3 Green Sheet # 113626 RESOLUTION CITY OF SAINT PAUL, NIINNESOTA �' Police By: � .� � � � Form roved by City Attorney: BY: � / � by to : � } � DEPARTM � NT/OFFICE/COUNCIL DA7E INITIATED Police ovo2/2ooz GREE�'N S EET No. 113626 iNiruvoa INRIALIDATE WilliantFinney 292-3588 1 om�wr�xros�croz 4 couxcc MUSTBEONCOUNCILA ENDABY(DATE) \ �a„-�3 PleaseprocessASAP 2�.,rcn,.ow,Er_� �cm«Ewc �Fwwcw.soxvcESOrs. �rwnxcw.sErsvixcre �YaR.IatASSSTNiI)_ �NUMPHR1G11i5 TOTAL # OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Signatures requested on the attached resolution authorizing the Saint Paul Police Deparhnent to enter into an ageement with Woodbury Police Department. � ���� �, �.�.� �. �' �Q� RECOMMENDATION App�OVe (A) O� RejeC[ (R) PERSONHL SERVICE CONTR4CTS MUST ANSWER THE FOLLOWING QUESTIONS: 1 Has this perso�rm ever worked under a coniract for this tlepartment? PLANNING COMMISSION YES NQ CIB COMMIiTEE . 2. Has this person/firtn ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3. Does ihis persoNfirm possess a skill not nortnally possessed by any currem ciry employee� YES NO 4. Is this person/firtn a targeted vendoR YES NO Fxplain all yes answers on separete sheet antl attach to green sheet INITIATING PROBLEM 1SSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHI� The ICAC Task Force's xnission is to work as a mulri jurisdictional operarion that: invesrigates crunes involving cluld pomogaphy; exploiTation of cluldren online; educates law enforcement on invesrigarive techniques and legal issues involving search warrants and seizure of evidence; dev8lops and institutes a public awazeness program to help parents and clrildren have positive experiences while online. Assisting agencies must agree to adhere to the same standazds that the task force has agreed to with the Office of Juvenile Justice for Delinquency Preven6on (OJJDP). Tlus memorandum of understanding is a statement that the agencies understand and agee to those standards and that any equipment given to the assisting agency for task force work is to be returned to the task force upon temrination of the task force or their affiliarion with the task force. ADVANTAGESIFAPPROVED ' Appsoval of the mulri-agency law enfoicement agieements assures that the task foice is opezating per OJIDP guidelines that set uniform operarional staudards for participating agencies. ����� N �� DISADVANTAGESIFAPPROVED JAN 14 20Q2 None CIT� A�"TORIVEY DISADVANTAGES IF NOT APPROVED The work of the ICAC Task Force would be substanrially Lindered as work with oflaer agencies is an integral part of the original grantapplicarion. TOTAL AMOUNT OF 7RANSACTION $ None COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVIN NUMBER FINANCIAL fNFORMATION (EXPLAtN) 1CACMUItlAgenCyAgeemeat W OOtlbury Yll. CrL W 1 xls oa -�3 Minnesota Internet Crimes Against Children Task Force Multi-AgencyLaw Enforcement Agreement This Multi-Agency Law Enforcement Agreement and amendments and supplements thereto, (hereinafter "A�reement") is between the City of Saint Paul, actin� through its Police Department (Grantee) and the City of Woodbury, acting throu�h its Police Department (hereinafter "Undersigned Law Enforcement A�ency") both which are empowered to enter into joint powers agreements pursuant to Minn. Stat. § 471.59, Subd. 10 & 12, and is further empowered to enter into this Agreement by Minn. Stat. § 626.76; and WheCeaS, the above subscribed parties have joined together in a multi-agency task force intended 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 such activity; and Whe1'eas, the undersigned a�encies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WheCeaS, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit A) disbursed by the Office of Juvenile Just and Delinquency Prevention ("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations; and Whereas, the OJJDP Intemet Crimes Against Children ("ICAC") a Board of Directors has been established representing each of the existin� ICAC Task Forces to oversee the operation of the grant and sub-grant recipients. Now Therefore, the parties agree as follows: ➢ The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Memorandum of Understanding with the purpose of implementing a three-pronged approach to combat Intemet Crimes Against Children: prevention, education and enforcement; and ➢ The Undersigned Law Enforcement Agency shall adhere to the OJJDP ICAC Task Force Program Standards, in addition to state federal laws, when conducting undercover operations relative to ICAC; and ➢ The Undersigned Law Enforcement Agency shall adhere to the Minnesota -1- oa-� ICAC Task Force Policy Statement (attached to this Agreement as Exhibit B); and ➢ All officers contributed by the Undersigned Law Enforcement Agency to the Minnesota ICAC Task Force shall be licensed peace officers or found by the Minnesota Board of Peace Officer Standards and Training to have comparable qualifications; and ➢ When a contributed officer of the Undersigned Law Enforcement Agency acts on the behalf of the Minnesota ICAC task Force within the scope of this Agreement, the officer's actions are within the officer's line of duty and course of employment to the same extent as if the officer had acted on behalf of the officer's employing Agency; and ➢ The Undersigned Law Enforcement Agency shall indemnify, save and hold harmless the Grantee, its representatives and employees from any and all claims or causes of action, including all reasonable attorney's fees incurred by the Grantee, arising from the performance of this Agreement by the Undersigned Law Enforcement Agency's officer/s/; and ➢ All members of the Undersigned Law Enforcement Agency 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, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer fringe benefits; and ➢ The Undersigned Law Enforcement Agency shall submit all requests for undercover ICAC related operations in writing to the Commander of the Minnesota ICAC Task Force for presentation to the OJJDP ICAC Task Force Board of Directors; and ➢ The Undersigned Law Enforcement Agency must first submit a wntten request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and ➢ The Undersigned Law Enforcement Agency must supply original receipts to -2- 01-�� be reimbursed on pre-approved requests; and ➢ The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander or his designee for statistical reporting purposes; and ➢ The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP; and ➢ The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regionai meetings in order to share information and resources amongst the multiple entities; and ➢ The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets to the Child Pornography Pointer System (CPPS) pursuant to the OJJDP guidelines; and ➢ The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner all investigative equipment acquired through grant funding as a result of this Agreement in the event that: future federal funding is no longer available, the Agency decides to dissolve its binding relationship with the Minnesota ICAC Task Force and the Saint Paul Police Department, or the Agency breaches the Agreement. -3- , 6a-�� Terms of this agreement: This a�'eement shall be effective upon signatures. Nothing in this agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Agency. William K Saint Paul Assistant Ci � A�en� 3. I��rgis, Mayor B"arry P. �ohnson(�City Administra�Or City of Woodbury \ Greg Orth, hief of olice City of Woodbury Peter Hames, � �� y, Chief of Police Department Attorney � �� V���� Date /��d�/0� Date i�/a��6/ Date � � o( Date Date � Presented By: Referred To: �L Committee:Date: 1 BE IT RESOLVED, that the City of Saint Paul Police Department is authorized to enter into the attached 2 agreement, which includes an indemnitication clause, with Woodbury Poliee Department for participation 3 in the Saint Paul Police Department's Internet Crimes Against Children Task Force. A copy of this 4 agreement is to be kept on file and on record in the Office of Financial Services. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of: Benanav Adopted by Council: I Adoption erti� by By: Approved by y r: Council File # p �, � G'3 Green Sheet # 113626 RESOLUTION CITY OF SAINT PAUL, NIINNESOTA �' Police By: � .� � � � Form roved by City Attorney: BY: � / � by to : � } � DEPARTM � NT/OFFICE/COUNCIL DA7E INITIATED Police ovo2/2ooz GREE�'N S EET No. 113626 iNiruvoa INRIALIDATE WilliantFinney 292-3588 1 om�wr�xros�croz 4 couxcc MUSTBEONCOUNCILA ENDABY(DATE) \ �a„-�3 PleaseprocessASAP 2�.,rcn,.ow,Er_� �cm«Ewc �Fwwcw.soxvcESOrs. �rwnxcw.sErsvixcre �YaR.IatASSSTNiI)_ �NUMPHR1G11i5 TOTAL # OF SIGNATURE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Signatures requested on the attached resolution authorizing the Saint Paul Police Deparhnent to enter into an ageement with Woodbury Police Department. � ���� �, �.�.� �. �' �Q� RECOMMENDATION App�OVe (A) O� RejeC[ (R) PERSONHL SERVICE CONTR4CTS MUST ANSWER THE FOLLOWING QUESTIONS: 1 Has this perso�rm ever worked under a coniract for this tlepartment? PLANNING COMMISSION YES NQ CIB COMMIiTEE . 2. Has this person/firtn ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3. Does ihis persoNfirm possess a skill not nortnally possessed by any currem ciry employee� YES NO 4. Is this person/firtn a targeted vendoR YES NO Fxplain all yes answers on separete sheet antl attach to green sheet INITIATING PROBLEM 1SSUE, OPPORTUNITY (WHO, WHAT, WHEN, WHERE, WHI� The ICAC Task Force's xnission is to work as a mulri jurisdictional operarion that: invesrigates crunes involving cluld pomogaphy; exploiTation of cluldren online; educates law enforcement on invesrigarive techniques and legal issues involving search warrants and seizure of evidence; dev8lops and institutes a public awazeness program to help parents and clrildren have positive experiences while online. Assisting agencies must agree to adhere to the same standazds that the task force has agreed to with the Office of Juvenile Justice for Delinquency Preven6on (OJJDP). Tlus memorandum of understanding is a statement that the agencies understand and agee to those standards and that any equipment given to the assisting agency for task force work is to be returned to the task force upon temrination of the task force or their affiliarion with the task force. ADVANTAGESIFAPPROVED ' Appsoval of the mulri-agency law enfoicement agieements assures that the task foice is opezating per OJIDP guidelines that set uniform operarional staudards for participating agencies. ����� N �� DISADVANTAGESIFAPPROVED JAN 14 20Q2 None CIT� A�"TORIVEY DISADVANTAGES IF NOT APPROVED The work of the ICAC Task Force would be substanrially Lindered as work with oflaer agencies is an integral part of the original grantapplicarion. TOTAL AMOUNT OF 7RANSACTION $ None COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVIN NUMBER FINANCIAL fNFORMATION (EXPLAtN) 1CACMUItlAgenCyAgeemeat W OOtlbury Yll. CrL W 1 xls oa -�3 Minnesota Internet Crimes Against Children Task Force Multi-AgencyLaw Enforcement Agreement This Multi-Agency Law Enforcement Agreement and amendments and supplements thereto, (hereinafter "A�reement") is between the City of Saint Paul, actin� through its Police Department (Grantee) and the City of Woodbury, acting throu�h its Police Department (hereinafter "Undersigned Law Enforcement A�ency") both which are empowered to enter into joint powers agreements pursuant to Minn. Stat. § 471.59, Subd. 10 & 12, and is further empowered to enter into this Agreement by Minn. Stat. § 626.76; and WheCeaS, the above subscribed parties have joined together in a multi-agency task force intended 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 such activity; and Whe1'eas, the undersigned a�encies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WheCeaS, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit A) disbursed by the Office of Juvenile Just and Delinquency Prevention ("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations; and Whereas, the OJJDP Intemet Crimes Against Children ("ICAC") a Board of Directors has been established representing each of the existin� ICAC Task Forces to oversee the operation of the grant and sub-grant recipients. Now Therefore, the parties agree as follows: ➢ The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Memorandum of Understanding with the purpose of implementing a three-pronged approach to combat Intemet Crimes Against Children: prevention, education and enforcement; and ➢ The Undersigned Law Enforcement Agency shall adhere to the OJJDP ICAC Task Force Program Standards, in addition to state federal laws, when conducting undercover operations relative to ICAC; and ➢ The Undersigned Law Enforcement Agency shall adhere to the Minnesota -1- oa-� ICAC Task Force Policy Statement (attached to this Agreement as Exhibit B); and ➢ All officers contributed by the Undersigned Law Enforcement Agency to the Minnesota ICAC Task Force shall be licensed peace officers or found by the Minnesota Board of Peace Officer Standards and Training to have comparable qualifications; and ➢ When a contributed officer of the Undersigned Law Enforcement Agency acts on the behalf of the Minnesota ICAC task Force within the scope of this Agreement, the officer's actions are within the officer's line of duty and course of employment to the same extent as if the officer had acted on behalf of the officer's employing Agency; and ➢ The Undersigned Law Enforcement Agency shall indemnify, save and hold harmless the Grantee, its representatives and employees from any and all claims or causes of action, including all reasonable attorney's fees incurred by the Grantee, arising from the performance of this Agreement by the Undersigned Law Enforcement Agency's officer/s/; and ➢ All members of the Undersigned Law Enforcement Agency 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, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer fringe benefits; and ➢ The Undersigned Law Enforcement Agency shall submit all requests for undercover ICAC related operations in writing to the Commander of the Minnesota ICAC Task Force for presentation to the OJJDP ICAC Task Force Board of Directors; and ➢ The Undersigned Law Enforcement Agency must first submit a wntten request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and ➢ The Undersigned Law Enforcement Agency must supply original receipts to -2- 01-�� be reimbursed on pre-approved requests; and ➢ The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander or his designee for statistical reporting purposes; and ➢ The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP; and ➢ The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regionai meetings in order to share information and resources amongst the multiple entities; and ➢ The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets to the Child Pornography Pointer System (CPPS) pursuant to the OJJDP guidelines; and ➢ The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner all investigative equipment acquired through grant funding as a result of this Agreement in the event that: future federal funding is no longer available, the Agency decides to dissolve its binding relationship with the Minnesota ICAC Task Force and the Saint Paul Police Department, or the Agency breaches the Agreement. -3- , 6a-�� Terms of this agreement: This a�'eement shall be effective upon signatures. Nothing in this agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Agency. William K Saint Paul Assistant Ci � A�en� 3. I��rgis, Mayor B"arry P. �ohnson(�City Administra�Or City of Woodbury \ Greg Orth, hief of olice City of Woodbury Peter Hames, � �� y, Chief of Police Department Attorney � �� V���� Date /��d�/0� Date i�/a��6/ Date � � o( Date Date �