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06-263Council File # R� -� � � Green Sheet # 3029624 RESOLUTION OF SAINT PAUL, MINNESOTA �1 � J Presented By: Referred To: Committee:Date: 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached 2 Memorandum of Understanding with the Washington County Sheriffls Department for participation in 3 the Internet Crimes Against Children Task Force. A copy of said agreement is to be kept on file and on 4 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 Requested by Department of: � Adopted by Council: Date: �9L� /S. aoD� By: by City Attorney: Adoption Cerfified by Council Secretary: BY� ��//s�/�iit!sd.� Approved by or: Date: /�-�"�" �� �� Appro ed y ay r for Submission to CounciL• B y : ! -�,/�� �_l���it�'Z�� By: /�'�J Q:\Fiscal�,40&CR�2006\Wash ing[onC[yS henff'sMOU.cr2006.x1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � k�t�-�1�3 DepartmenUofficelcouncil: Date Initiated: V � PD — PoliceDeparnnent 03-FEB-06 Green Sheet NO: 3029624 Contact Person & Phone: Deoartmefrt Sent To Person Initial/Date Chief John HartingtOn � 0 olice De ar[ment Police De arhnent 2665588 �j 1 olice De arhnent De arhnent Director Must Be on Council Agenda by (Date): Number 2 � � � p� �� For RoUting 3 a or'sOffce Ma or/Assistant 0(de� 4 ouncil Council 5 i Clerk Ci Clerk 6 olic D en P li D rtm n Total # of Signature Pages (Clip All Locations for Signature) Action Requested: � Signanues on the attached council resolurion authorizing the City of Sairn Paul, Police Departrnent, to enter into the attached Memorandum of Understanding (MOU) with Washington County Sheriffs Department. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Flas this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this persoNfirtn possess a skill not normally possessed by any curzent city employee? � Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity(Who, What, When, Where, Why): The Washington County Sheriffs Department will participate in Yhe Intemet Crimes Against Children (ICAC) Task Force of the Saint Paul Police Depariment. For more information regarding this MOU please give Cdr Neil Nelson a call at 651-266-5882. Advantaqes If Approved: - Opporiunity to use grant funds to partnership with Washington County Sheriffs Deparknent to combat Intemet Crimes Against Children. rh �`^+n� � Disadvantaqes If Approved: None. MAD o� 2Qn5 � MAR 0 1 2006 rrr��a « �� ` �YUi� � Disadvantages If Not Approved: Lost opportunity to use grant funds and partnership with Waslilngton Count}rs Sheriffs Department to combat Internet Crimes Against Cluldren. . 7._... �.—.-.� Total Amount of � CosURevenue Budgeted: Trensaction: � — - � � � _� ��,'�, Fundinq Source: `-'CC �� ActivitY Number:� �� � � �, `•� � � �. �� �� Pinancial lnformation: . � �� (Explain) :. �f!,�°.�.A�P;f'. � �,° s " �'[ .. �inuw F y �A,� o � �e�� t"�� � ����,�'` 0�� ��� Ufinnesota Internet Crimes Aaainst Children 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 Deparlment (Grantee) and Washington County, Minnesota, acting through its Sheriffs Department, 15015 62° Street North, P.O. Box 3801, Stillwater, ivliV 5�082 (hereinafter "Undersi�ed Law Enforcement Agenc�') 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 Whereas, 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 expioitation 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 undersi�ed agencies agree to utilize applicable state and federal laws to prosecute criminal, 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 incurred by law enforcement as a result of such investigations; and Whereas, the OJJDP Intemet Crimes Against Children ("ICAC") has established a Working Group of Directors representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub-�ant recipients. Now Therefore, the parties agree as follows: 1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Memarandum 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 ��a� 3 3. The tindersigned Law Enforcement Agency shali adhere to the Minnesota ICAC Task Farce Policy Statement (attached to this Agreement as E�ibit B); and a. 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 Enfarcement 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 6. 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 s. 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 written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 2 r�-a� 3 io. The tindersigned Law Enforcement Agency must suppiy oriQinal receipts to be reimbursed on pre-approved requests; and ii. 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 iz. The Undersigned Law Enfarcement Agency shall participate fully in any audits required by the OJJDP; and i3. 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 entities; and i4. 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 is. 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 Farce and the Saint Paul Police Department, or the Agency breaches the Agreement. a6-a�3 Terms of this agreement: This a�eement shall be effective upon signatures. Nothing in this a�eement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Agency. John M. Harrington, Chief of Police Saint Paul Police Department i� � _— . , . , � - �"ir�lti,v�T.R 4 �� YVlf9� Date ! ate Date � �N; �t,�'?� � .LF �:., .� .d,. .'.P,. � .�m�.%;�,��,p ��ei'.e:u �` ,u.�� aiYe 4: i �5a � ����`�d'�i£�bbk �.�'s �4aak�a: .:03 A�encvi certifies that the appropriate person(s) have executed the Agreement on behal£ of the Ag encv and its iurisdictional government entity as rectuired b�pplicable articles, laws, by-laws, resolutions, or ordinances.