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04-1195Council File # Green Sheet # Presented By: RESOLUTION OF S,AINT PAUL, NIINNESOTA oy-t 207130 �a Referred To: Committee:Date: 1 RESOLVED, that the City of Saint Paul Police Department, is authorized to enter into the 2 attached agreement with the Polk County Sheriff s Department to acfively participate with 3 the Internet Crimes Against Childrent Task Force (ICAC) of the Saint Paul Police Department. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 26 27 28 29 30 Requested by Department of: Adopted by Council: Date: �y��}�—� , avC�- Adoption Ce� By: _i ;� Approved by B / Council Secretary: Date: ! � .�. � —I � DEPARTMENT/OPFICE/COVNCIL DA7E INITIATED ' Potioe � ��isoizooa . GREEN SHEET No. 207130- ' - . � ... ••- ��. •, `. •., � � INIPAUbA'fE � ... INRIlWDATE John Hatrington 266-3588 1 am�r�romECroe 4 mcouxoa �cmprrorsxer V a$ emc�rsK � W.SERVICESDIR_ . pwwnCUS3£RY)ACCTG i�..� i^.d , v �wYdt10RA556TAN11�_ �MANRIGNIS r�i i�..� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED Approval of the attached council resolution authorizing the City of St. Paul to enter into a memorandum of understanding with the Poik County SherifPs Department to actively participate with the Intemet Crimes Against Children Task Force �,(ICAC) of the St Paul Police I7epazdnent �� RECOMMEN�A710NApprove(A)orReject{R) PERSONRLSERVICECONTRACTSMUSTANSWERTHEFOLLOWII3GQUES110NS: ' 7. Has this persoNfirm ever worked untler a conVact for this department? PIANNING COMMISSION YES NO � ' CIB COMMITTEE 2. Has this persoNfirm ever been a city employee? CIVIL SERVICE COMMISSION YES NO 3 Dces this personlflrm possess a skiii not normally powessetl by any wrrent ciry employee? ��� YE9 NO Nti^ 4. Is this person/firm a qrgetetl ventloY? ' '""'-`-' YES NO �� Fxplain aU yes answers on separate sheet and attach to green sheet N' "; � INITIATING PROBLEM ISSUE, OPPORTONI7Y (VVHO, WHA7, WHEN, WHERE, WHI� ;r�p The ICAC Task Foree's mission is to work as a multi jurisdictional operation that: investigates crunes involving child pornography; �-, exploitation of children online; educates law enforcement on invesfigative techniques and legal issues involving search warrants and ; �: "', seizure of evidence; develop and institute a public awareness program to help pazents and children have positive experiences while `; online.' Assisting agencies must agree to-adhere to the same stand�i ds that the task force has agreed to wiffi the Office of 7uvenile ; Justice for Delinquency Prevention. This MOU is an statemenE that the agencies understand and agree to those standazds and that any equipment given to the assisting agency for task force work is to be retumed to the task force upon termination of the task force or �� their aff liation �iYh the task foxce. ' �ADVANTAGESIFAPPROVEQ "' Approval of this memorandum of understanding assures th the task_force is opexating per OJJDP guidelines and set uniform operational standazds for participating agencies � }�9@P,��rh �'?�+"?i' � �� � � V � � � DISADVANTAGES IF APPROVED � n�ra q e.y e}�(� j None Li S, .b J 4 69�Q ���� ��� ��� 9 � DISADVANTAGES IF NOT APPROVED ' The work of the ICAC Task Force would be substantially hindered as work with other agencies iS an integral part of the original grant application. TOTAL AMOUNT OF TRANSACTION E COS7/REVENUE BUDGETED (CIRCLE ONE) YE5 PUNDING SOURCE qC71VITY NUMBER 436-34056 FINANCIAL INFORMATION (EXPLAIN) D�'- f !9S Minnesota Internet Crimes Against Children Task Force Multi-Agency Lavs� Enforceraent Agreement � Tliis Multi-Agency Law Enforcement Agreement, and amendments and suppiements thereto, (hereinafter "AgreemenP') is between the City of Saint Paui, acting through its Police Department (Grantee) and Polk County, Minnesota, acting through its Sheriffs Departrnent, 600 Bmce Street, Crookston, MN 56716 (hereinafter "Undersigned Law Enforcement Agenc}�') both wluch are empowered to enter into joint powers agreements pursuant to Mi.mi. Stat. § 471.59, Subd. 10 & 12, and is fiirther empowered to enter into this Agreement by Ivfiim. Stat. § 626.76; and Whelreas, the above subscribed parties haue joined together in a multi-agency task force intended to investigate and prosecute crimes committed against cluldren and the criminal exploitation of children that is committed and/or facilitated by or Uuough the use of computers, and to disrupt and dismantle organizations engaging in such activiry; and WheTeas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and Whel'eas, the Grantee is the recipient of a federal grant (attached to this Agreement as Eachibit A) disbursed by the Office of 7uvenile Just and Delinquency Prevention ("QIJDP") in Washington, D.C. to assist law enforcement in invesrigating and combating the exploitation of children which occurs through the use of computers by providing fixnding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigarions; and Whereas� the OJJDP Internet Crimes Against Chiidren ("ICAC") a Board of Directors has been established representing each of the existing ICAC Task Forces to oversee the operarion of the grant and sub-grant recipients. Now Therefore, the parties agree as follows: < The Undersigned Law EnforcernenY Agency appFOVes� 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 iaws, when conducting undercover operations relative to ICAC; and -1- o�- tl9s~ < The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Policy S4atement (attached to,this Agreement as E�ibit 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 attomey's fees incuzred 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 empioyer which they were employed before joining the Minnesota ICAC Task Force and all sezvices, 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 subrrut 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 for the funds from the Grantee to receive any funds from the Grantee; and -2- �{- r i �s < 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 p�venrion, education, and enfarcement 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 regional meetings in order to share information and resources amongst the multiple enrities; 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 Enfarcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner a11 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 Deparhnent, or the Agency breaches the Agreement. -3- o�- r� 9s Terms of this agreement: This agreement shall be effective upon signatures. Nothing in ttris agreement shall othenvise lirhit the jurisdicrion, powers, and responsibilities normally possessed by an employee as a member of the Agency. ,� John M. Harrington;` of Police Saint Paul Police Devartcnsnt Bv and Title A enc Agencvi certifies that the appropriate pezson(� have executed the Aereement on behalf of the AQencv and its iurisdictional Qovernment entity as required by applicable articles laws bv-laws, resolutions or ordinances � �� � �. �� � /� �' -,� � Date � — Z d' Date C&rEojN�eBocrd Date � o�- �I 9S