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03-570RESOLUTION Council File # Green Sheet # 03 - s�l'o 205032 ; Presented By: Referred To: Committee:Aate: 1 WHEREAS, the City of St. Paul, Police Department, is authorized to enter into the attached 2 multi-agency law enforcement agreement, which includes an indemnification clause, with the city of 3 Hutchinson, Police Department. The Hutchinson Police Department will participate in the St. Paul 4 Police Department's Internet Crimes Against Children Task �'orce. A copy of said agreement is to be 5 kept on file in the Office of Financial Services. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3U Requested by Department of: Police Adopted by Council: Date: Q, _ �� o-� . Adoption By: _ Approved by B by Council Secretary: Date: � ��' By: � a� fl Form Ap roved b Attorney: BY� /G � � � D�ARTMEKIT/OFFICE/COUNqL DATE INI71A7ED �� v �� • Po�� 5/28/03 GREEN S EET n,o. 205032 CONTACT PERSON & PHONE INfiIA ' INmAVDA7E ChiefWilliamFinney 292-3�88 � OEPARTYENTDIRECf 4 ^•/ MUST BE ON COUNCILAGEN�A BY (DATE) �^ co � 1L �� " P1C25epIOCR55ASAP ❑2 arvnrronxEV F! � ❑an CLERK ❑FNIlNCICLSERVICESqR �fNANCULLSEftYIACC�G � v NwVON(ORASSISTANi) �numw�RIGHfS i�� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED Signatures requested on the attached council resolution authorizing the City of St. Paul, Police Department, to enter into a mulri-agency law enforcement agreement with the City of Hutclrinston, Police Departmeni, for participation in the St Paul Police DepartmenYs Intemet Crimes Agaunst Cluldren Task Force (ICAC). RECOMMENDATION ApplOVC (A) of R2jeC[ (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING pUESTIONS: 1. Has this personffirm ever worked under a co�rtract forthis departmentt PLANNING COMMISSION YES No CIB COMMITTEE 2. Has this personffrm ever been a ciry employee? CIVIL SERVICE COMMISSION YES NO 3 Daes this persoNfirm passess a skill not normally possessed by any current aty employee� YES NO 4. Is ihis personnrm a targeted vendol? VES NO Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM ISSUE, OPPOR7UNITY (WHO, WHAT, WHEN, WHERE, WHY) The ICAC Task Force's mission is to form a multiyurisdictional operation that invesfigates crimes involving child pornography and esploitafion of children online; educates law enforcement on investigarive techniques and legal issues involving seazch wan�ants and seizure of evidence; develops to adhere to the same standards that the task force has agreed to with the Office of Juvenile 7ustice for Delinquency Prevention (OJJDP). This memorandum of understanding is a statement that the agencies understand and agree to those standazds and ffiat any equipment given to the assisting agency for task force work is to be returned to the task force upon termination of the task force or their affiliation of the task force. [,� �/� �(`/ C D 1 1 tJ V L AOVANTAGESIFAPPROVFA MAY � � 2003 Approval of the multi-agency law enforcement agreement assures that the task force is operating� ��v w°� n A' Ct�/ per OJIDP guidelines ihat set uniform operational standards for participating agencies. l.i � l-1 1'l l\I G � .� -.;�s DISADVANTAGESIFAPPROVED ` q .- n°:°"`��1'µ' �°� None. � ��}:�� e:£�� DISADVAN7AGESIFNOTAPPROVED �< �`,�;a � `� `° The work of the task force would be substantially hindered as woik with other agencies is an integral part of the original grant application. TOTAL AMOUNT OF TRANSACTION $ None COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE FC(IEI31 gSBilt ACTIVITY NUMBER 436-34056 FINANCIAL INFORMATION (EXPWM Hutchinson PD- ICAC agreemurt.cr.gs.2003 83 -5'10 Minnesota Internet Crimes Against Chiidren Task Force Multi-Agency Law Enforcement Agreement This Multi-Agency Law Enforcement Agreement and amendments and supplements thereto, (hereinafter "Agreement") is between the City of Saint Paul, acting through its Police Department (Grantee) and the City of Hutchinson, MN, acting through its Police Deparhnent, 10 Franklin Street SW, Hutchinson, MN 55350 (hereinafter "Undersigned Law Enforcement Agency") both which aze 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 WheYeas, 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 Whereas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute cri�ninal, civil, and forfeiture actions against identified violators, as appropriate; and Whereas, 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 incuned by law enforcement as a result of such investigations; and WhereaS, the OJJDP Internet Crimes Against Children ("ICAC") a Boazd of Directors has been established representing each of the existing 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 Internet 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 -1- p 3 _S''Io � The Undersigned Law Enforcement Agency shall adhere to the Minnesota 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 szme extent as if The efficer had acte3 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 ar 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 �i 1 he Undersigned Law Enforcement Agency shall subinii 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 written request for funds and receive approval far the funds from the Grantee to receive any funds from the Grantee; and -Z- p� _s�o � The Undersigned Law Enforcement Agency must supply original receipts to 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 Enforcetnent 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 regional meetings in order to share information and resou.ces 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- 03 -S'7fl 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. Finney, Chief of Police Saint Paul Police Department By and Title A_f�Y Date Date ,5•-�-03 Date /� \ i' � � , % �, �6/�- V C �� -4- �� `�'Q3 Date s-� - 03 Date