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07-206co�n�si Fae # Presented By: Referred To: Committee:Date: 1 RES VED h h a�n, Police Department, is authorized to enter into the attached 2"����n seeeae�� wBich includes an indemnificarion clause, with the County of Clay 3 acting through the Clay County Sheriffls Office for participarion in the Internet Crimes Against 4 Children Task Force. A copy of said agreement is to be kept on file and on record in the O�ce of 5 Financial Services. g ��^t �0��5 �b��k�'�� 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Adopted by Council: Date: � `J��� � i Adoption Cer ' 'ed by�Council Secretary: By: , Approved b M or: Dat :���� /a 7 B RESOLUTION CITY OF SAINT PAUL, NIINNESOTA Green Sheet # 07 �D6 3036735 �� Appro by ay r for Submission�uncil: B Q:\Fiscal�P.O&CR�200TCIayCountyShenttsOffice 2007.x1s Requested by Department of: � Green Sheei Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 07 ap� � DepartrnenUoifiedcouncil: Date Ini[ieted: ;� -Po�.ce�„�,� ., o�-�-0� � Green Sheet NO: 3036735 �' Contae[ Person & Phone: Chief John Harrington 266-5588 ; Must Be on Council Agenda by � Assign Number For Routing Order 0 FoliceDeaar�ent PoliceDenar�ent ' 1 � dice Depar�ent Police DePar�ent / 2 ,Cih AttOrcev Cilv Attornev V 3 Alavor's OtLCe I MaYOr i 4 omd ' Councii 5 itv Clerk i CSty Clerk 1 6 olice DeD��ent I Pdice Depar�ent Doc. Type: RESOLUTION E-DOeumentRequired: Y Document Contact: Neil Nelson Contact Phone: Total # of Signature Pages Locations for Signature) Signatures on the attached council resoluflon authorizing the CiTy of Saint Paul, Police Department, to enter in.to the attached Memorandum of Understanding (MOU) with the County of Clay acting through the Clay CounTy Sheriffs Office. itlaUOns: Approve (A) of R Ptanning Commissio� CIB Committee Civil Service Commission 1. Has this person/firm ever worked under a contract for this departmentt Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this personttirm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes ansWers on separffie sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Clay Co�nry Sheriff s Office will parUcipate in fhe Intemet Crimes Against Children QCAC) Task Force of the Saint Paul Police Department, , Ativantages If Approved: Opportunity to use grant funds to partriership with Clay Counry Sheriffs Office to combat Intemet Crimes Against Children. Disadvantages If Approved: None. FEB 2 7 2007 MAYOR'S OFFIt Disadvantages If Not Approved: L.ost opportunity to use grant funds and partnership with Clay County Sheriff s Office to combat Internet Crunes Against Children. �� Transaction� Funding Source: Financial Information: (Explain) Budgeted: Activity Number. ,„ r ;� n �,7 ��� �U ��m� �1�'� ��--r����`� February 5, 2007 3:24 PM Page 1 07 ao� Minnesota Intemet Crimes Against Children Task Force Multi-Agency Law Enforcement Agreement This Multi-Agency Law Enforcement Agreement, and amendments and supplements thereto, (hereinafter "AgreemenY') is between the City of Saint Paul, acting through its Police Depariment (Grantee) and the Counry of Clay, acting through the Clay County Sheriff's Office, 915 9`�' Ave North, Moorhead, MN 56�60 (hereinafter "Undersigned Law Enforcement Agency") 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 Whereas, the above subscribed parties have joined together in a mulfi-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 Whel'eas, the undersigned 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 ("07JDP") in Washing[on, 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 aze incurred by law enforcement as a result of such investigations; and Whereas, the OJJDP Intemet 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 2. 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 �7 �vb 3. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Policy Statement (attached to this Agreement as E�ibit B); and 4. All officers contributed by the Undersigned Law Enforcement Agency to the Minnesota ICAC Task Porce shatl be licensed peace officers or found by the Minnesota Board of Peace O�cer Standards and Training to have comparable qualifications; and 5. 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 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 7. 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 8. 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 9. 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 o � �a� 10. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests; and 11. The Undersigned Law Enforcement Agency shall maintain accurate records pertauung to prevenfion, 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 12. The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP; and 13. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in ordet to share information and resources amongst the multiple entities; and 14. 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 15. Either party to the Agreement may terminate the Agreement, without cause, following a 30-day written notice to the other agency. The contact person for legal notice to Minnesota ICAC is the Task Force Commander. The contact person for the Undersigned Law Enforcement Agency is its official head; and 16. The Undersigned Law Enfarcement 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. o7 Terms of this agreement: This agreement shall be effective upon signatures. Nothino in this agreement shall othenvise limit the jurisdiction, powers, and responsibilities normaliy possessed by an empIoyee as a member of the Agency. John M. E Saint Paul Assistant �t. Paul City Director of Office,6f Financial Services Date Bv and Title Aeency Aeencvi certifies that the appropriateperson(s) have executed the A�reement on behalf of the A.gencv and its iurisdictional �overnmenT entitv as required by applicable articles, laws, bv-laws, resolutions, or ordinances. /�i6-�� Date l.� f � � Date n � ili Bergqui , S eriff Clav Counri Sh 'ff's Office