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07-361Council File # Presented By: Referred To: Committee:Date: � 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached 2 Joint Powers Agreement, which includes an indemnificafion clause, with Murry County acting through 3 its Sheriffls Office Office for participation in the Internet Crimes Against Children Task Force. A copy 4 of said agreement is to be kept on file and on record in the Office of Financial Services. 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Yeas I Benanav ✓ Bosirom �/ i Harris ,/ Helgen � LaMry Montgomery ,/ Thune v Adopted by Council: Date: Adoption Certified by Co cil Secretary: BY� �/i1Gi /_//i�.�"57J/� r Approved by 1 0: H1 e: �/�,O 7 By: �� 1 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 07-36/ 3038275 Requested by Department of: By: F r A j p���B ed by City Attorney: By: / �� Approvec� Ma or fo� r Submiss to Cauncil: B 4'.��i��- �-(�� �� Q:\FiscalW O&CR�200TMurryCounty.xls � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � o7-�i ; Depar[menUofficdcouneiL• i Date Initiated: ' ; pp -eo�iceDep,nmenc ���R-07 ; Green Sheet NO. 3038275 � Contact Person & Phone: , ChiefJohnHarrington . 26fi-5588 � Must Be on Council Aaen ' Doc. Type: RESOLUTION E-Document Requiretl: Y DoCUment Contaet: Cdr Neil Nelson ConWCt Phone: � Assign Number Fof Rou[ing Order Total # of Signature Pages 1 (Clip All Lxations for Signature) 0 � olice Deoar�ent Police Deparhnent 1 Pdice Depar�ent � Police DeparGnem ' 2 'ty Attomev Ctiv AttorneY ' ✓ 3 vor's Off ce Msvor a co��a co,�n�u 5 � Clerk � Ci Cluk 6 '� olice Department ' PNice Deparhnent I i ACtfOn RequOS[etl: �� Signatures on the attached council resolufion authorizing [he Ciry of Saint Paul, Police Department, to enter into the attched Joint ' Powers Agreement with Muiry County acting through its Sheriffs Department. � idations: Approve (A) or R Planning Commission CIB Committee Civil Service Commission 1. Has this person(firm ever worked under a conhact for this tlepartmenY? Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet �i Initiating Problem, lssues, Opportun'dy (Who, What, When, Where, Why): 'I � The Murry Counry SherifPs Office will participate in the Internet Crimes Against Children (ICAC) Task Force of the Saint Paul � � Police Depaztment. � j Advantages If Approvetl: I� Opportuniry to use grant funds to partriership with Murry County Sheriffs Office to combat Internet Crimes Against Children. Disadvantages If Approved: None. APR 1 7 2007 Disadvantages If Not Approved: L,ost opportunity to use gcant funds and partnership with Muay Counry Sheriff s Office to combat Intemet Crianes Against Children. � o.m .vnoum v� Trensaction: , Funding Source: Financial Information: (Explain) ActiviTy Number: �_ , s _ t� �'' r �`� Cost/Revenue Budgeted: April 2, 2007 10:10 AM Page 1 0736� Minnesota Internet 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 Paui, acting through its Police Department (Grantee) and Murry County, Minnesota, acting through its Sheriffs Department, 2558 29`�' Street, P.O. Box 57, Slayton, MN 56172 (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 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 exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizarions engaging in such activity; and Whereas, 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 E�ibit 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 n orcemen as a esu o suc inves iga ions; an Whereas, the OJJDP Internet Crimes Against Children ("ICAC") a Board 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 Enfarcement 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 3(� / 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 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 s. 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 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 officerls/; and z 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 Farce Board of Directors; and 9. 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 2 D7-3lo/ to. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests; and i i. 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 i2. 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 order to share information and resources amongst the multiple entities; and ia. 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 �s. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Farce 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. a�-��i Terms of this agreement: This agreement shall be effec6ve upon signatures. Nothing in this agreement shall otherv✓ise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Agency. ; — µ ���� � John M. Harrington, Chief of Police Saint Paul Police Department � �, �! \ i�Y.Qn/� � a�Q�r+O ByandTifle /�'fUr�� �m�..r�y A enc /3�qy�t G'!^a,v-� A ency certifies that the appropriate person(s) have executed the Agreement on behalf of the A�ency and its iurisdictional government entitv as required by aprolicable articles, laws by-laws, resolutions, or ordinances. _ 3J��lo� Date Date � � ��i:��'� ��� 3�13 /��D 7 Date �-� `�--,��� s ,� ��' � � iT/Zl`'I7 Date � a�-��� Terms of this agreement: This agreement shall be effective upon signatures. Nothing in this agreement shall otherwise lunit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Agency. � �����s� � ��.T6'� Office of the Assisiant Attomey General May 2, 2006 Chief Johu Hamngton City of Saini Paul 15 West Kellogg Boulevazd Saint Paul, MN 55102 Deaz Chief Harrtngton: Department of Jastice Office of Jusrice Progcams Washmgron, D C. 20531 On behalf of A[tomey General AlbeKO Gonzales, �t is my pleasure to infotm you [6at [he Office of Justice Programs has approved your applicauon for funding under the Intemei Crimes Against Children Task Force Program in the amount of $500,000 for City of Saint Paut. Enclosed you will find the Grant Award and Spec�al Conditions documents. Th�s award �s sub�ect to all admmistraRVe and financial requiremen[s, including the Nnely subm�ssion of all finaucial and programmatic reports, resolution of all interim audit findings, and the maintenance of a aunimum levei of cash-on-hand. Should you not adhere to these requicements, you will be in violation of the teans of this agreement and the award vrill be subject to termination for cause or other administrative achon as appropriate. If you have questions regarding this award, please contact. Program Questlons, Christopher Holloway, Program Ma�ager at (202) 305-9838; and Financial Questions, the Office of the Comp7oller, CusWmer Service Center (CSC) at (800) 458-0786, or you may contact the C5C at uk.oc@usdoj.gov. Congratulations, and we look forward to working with you. Smcerely, .+�}'�X�.� � � �� Regina B. Schofield Assistant At[orney General �7�3�/ Enclosures ��- 3�1 c��� ..-- May 2, 2006 Chief John Harrington City of Saint Paul 15 West Kellogg Boulevard Sain[ Paul, MN 55102 Department of Jusflce Office of Jusrice Programs Office for Civil Rights W¢shingron. D C 2053I Deaz Chief Haaing[on: CongraNladons on your recent award. In establishing financial ass�stauce prograzns, Congress hnked the receip[ of Federal funding to compliance with Federal civ�l d�ts ]aws The Office for Crvil Rights (OCR), Office of Justice Progcams (OJP), U.S. Depaz[ment of Justice is cesponsible for ensuring that cecipients of Enancial azd from 07P, i4 component o�ces and bureaus, the Office on Violence Against Women (OV W), and the Office of Commumty Oriented Policing Services (COPS) comply vn[h applicable Fedeml civil rights staNtes and regulauons. We at OCR aze ava�lable to help you and your orgamzahou meet the civil rights reqmrements Ihat come with Justice Department funding. Ensuring Access fo Pederally Assisted Programs As you know, Federal laws prohib�t rec�pients of financial usistance from discriminating on the basis of race, color, national orig�q religion, sex, or disability m funded programs or activities, not only m respect to employmen[ pmctices but also m the delivery of secvices or benefits. Federal law also prohibits funded programs otaCliv�4es from discriminating on the basis of age m the dehvery of services or 6enefits. Providing 5ervices to Limited English Proficiency (LEP) Individuals In acwrdance with Depaztrnent of 7ushce Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U S.C. § 2000d, recipients of Federai financiai assistance must take reasonabie steps to provide meaningful access to the'v pcogams and activities for pecsons wid� hmited Enghsh proficiency (LEP). For more information on the civi] rights respons�bilrties that recipienis have in providi�g language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizarions The Department of SusUce has published a reguLation specificatly pertaining to the funding of faith-based organizations. In general, [he regulation, Par[icipahon in Justice Departmeni Progams by Rehgious Organizations; Providing for Equal Treatment of all Sus[ice Deparhnent Program Pazticipants, aud known as the Equal Treatrnent Reguladon 28 C.F.R. pazt 38, requaes State Administering Agencies to treat these organizations the same as any other applican[ or recipient. The regula4on prohibits State Administering Agencies from making awazd or grani administratlon decis�ons on [he basis of an organizatiods religious cltaracter or affihauon, rehgwus name, or the celigious composition of its boazd of directacs. The regulation also prohibits faith-based organizations from using financial assistance from the DeparUnent of Justice to fund inherently religious activities. While faith-based organizalions can engage m non-funded inherently religious activities, they must be held separately from [he Department of Justice funded program, and customers or be�eficiades cannot be wmpelled to participate m them The Equal Treatrnent Regulation also makes cleae that ocga¢izafions participating m progams funded by the Departrnent of Justice aze not pemutted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulatioq please see OCR's website at http�//www ojp usdoj.gov/ocr/ettbo.htm. i���3�of State Administering Agrncies and faith-based organi�ations should also note that the Safe Streets Act, as amended; the VicUms of Crime Act, as amended; and the Juvenile Jusrice and Delinquency Prevention Act, as amended, contain prolilbitions against discrimination on the buis of religion in employment These employment provisions have beeu speci5cally inco�pomted into 28 C.F.R. Part 38.1(� and 382(�. Consequently, in mauy cacumstances, it would be impemussible for faith-based organiza[ions seeking or rueiving funding authorized by these statutes to have policies or prectices that condition hiring and other employmeat-related decisions on tl�e religion of applicants or employees. Progmros subject to these nondiscriminalion provisions may be found on OCR's website at http://www.ojp.usdoj.gov/ocd. Questions about the regulanon or the staNtes that prohibit disaiminarion in employment may be directed to tlris Office. Enforcing Ctivil Rights Laws All recipients of Federal financial assistance, regazdless of tk�e particulaz funding source, the amount of the granC award, or the number of employees in Hte workforce, aze 5ubjec[ to the prohibiuons against unlawful d�scriminaflort Accordingly, OCR investigates recipients that are the subject of discriminaGOn complaints from boch individuals and groups. In additioq based on regulatory criteda, OCR selects a number of recipienis each year for compliance reviews, aud�ts that require recipients to submrt data showing that they are providing services equitabiy to all segments of [heir service population and Ihat their employment practices mee[ equal employment opportunity s[andards. Complying wiih the Safe Streets Act or Program Requirements In addition to these general prohibitions, an organization which is a recipient of financial ass�stance subject to the nondiscriminalion provisions of the Omnibus Crime Control and Safe SVeets Act (Safe Stteets Act) of 1968, 42 U.S.C. § 3789d(c), or other Fedeml gra�t program requirements, must meet two additional requirements:(I) complying wrth Federat regilations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C F R. § 42301-308, and (2) submithng to OCR Findings of Discrimination (see 28 C.F.R. §§ 42 205(5) or 31202(5)). I) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance No 6 in the Standazd Assurances, COPS Assurance No. 8 B, or certain Fedecal grant Qrogam requirements, your orgamzation must comply with the following EEOP reporting requirements: If yo� organization hu received an award for $500,000 0� more and has 50 or more employees (counting both full- and part-time employees but excludmg political appo�otees), Chen it hu to pcepace an EEOP and submit it to OCR for review within 60 days from the date of tLis letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocdeeop.hhn. You may also request technical assistance from an EEOPSpecialist at OCR by dialing (202) 616-3208. If your organization received an awazd between $25,000 and $SOQ000 and has 50 or more employees, your organization sull has to prepaze an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintam the EEOP on file aud make it available for review on reques[. In additiw, yow organizatio� hu to complete Seclion B of the Cert�6cation Fo�m and retum it to OCR. The Certfication Form can be found at 6np:1lwww.ojp.usdoj.gov7occJeeop.htm. If your organization received an awazd for less than $25,000; or if your organijatlon has Iess than 50 employees, regardless oFthe amount of the award; or if your orgaru�ation is a medical insu[ution, educationa7 institution, ❑onprofit organizalion or Indian tribe, the� your organization is exempt from the EEOP requirement. However, your organizaUOn must complete Section A of the Cer[ification Fom� and retum it to OCR. The CeRification Foan can be found at http:Uwww.ojp.usdoj.gov/ocr/eeop.him. 2) Submiffing Ftindings af Discriminafion In the event a Federal or State court or Federnl or State administrative agency makes an adverse finding of discrimivahon against your organizaAOn after a due process hearing, on the ground of mce, coloq relig�on, na4onal orig�q or sex, your orgam7ation must submit a copy of the finding to OCR for review. v�-�� � Ensuring the Compliance of Subrecipients If your organuaaon makes subawards to other ageucies, you aze responsible for assuring that subrecipients also comply with all of the appticable Federnl civil rights laws, including ihe requirements pertaining to develop�g and submiriing an EEOP, reporting Findings of Discruninalion, and providing language services to LEP pe+sons. Siate agenries tbat make subawazds must bave in ptace standard gant assurancu and review procefises to demonstrate t6at they are effectively moniWring t6e civil ri�ts compliance of subrecipienu. If we can assis[ you in any way in fiilfilling your civil rights responsibilities az a recipient of FeAeral funding, please call OC1L at (202) 307-0690 or visit our website at http:/Ponvw.ojp.usdo�.gov/ocd Sincecely, �-/ a. �--- Michael L. Alston Directoc cc. Grant Manager Financial Malyst D�-3l�1 Q: ,£ 4 May 2, 2006 Chief Sohn Hamugtou City of Saint Paul 15 West Kellogg Boulevazd Saint Paul, MN 55102 ReFerence Grant Number 2005-MC-CX-K008 Supplemental Budget Numbec ( Department of Justice Office of Justice Prugrnnu Office of Compnoller Waztvngtoq D.C. 2053] Deaz Chief Hartington: I am pleased [o inform you that my o�ce has approved the fotlowing budget categodes for the aforementioned grant awazd in Ihe cost categories identified below: Categocy Personnel Fdnge Benefi[s Tmvel Eqtipment Suppiies Co�struchon Conuactnal Other Tota] Direct Cost Ind�rectCost Totai Project Cost Federal Funds Approved: Non-Federal Shaze� Program Income: PdorBudget SupplemenlalBudget $222,665 $231,834 $66,380 886,133 $60,390 $77,770 $0 $0 $8,100 $4,050 $0 $0 $9,000 $ $83,465 $IOQ213 .$45Q000 $SOQ000 $0 $0 $45Q000 $500,000 $45Q000 $500,000 $0 $0 $0 $0 Total $454,499 $152,513 $138,I60 $0 $12,150 $0 $9,000 $183,678 $95Q000 $0 $950,000 $950,000 $0 $0 ° �" �C�/ If you have questioos regazding Utis awazd, please contact: Program Quesfio�s, Christopher Holloway, Prog Manager at (202) 305-9838; and - Financial Quesrions, the Office of the Comptroller, ClLStomer Service Crnter(CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look fo=wazd W working witL you. Sincerely, � � �a�c.��� � 0..92-2, \ Mazcia Paull Actiug Compholler d7-�� � DepaztrnentofJusrice '� Office of Justice Programs ��, Office of Juvenile Susfice � � a """`� and Delinquency Prevention , , � . Cooperarive Agreemenc PAGE 1 OF 3 1. RECIPIEiJT NAME AND ADDRFSS M<IudinS ZiP Code) City of Sam[ Paul Li Wcst Kellogg Bo�levard Se�ot Pau1,,�RJ Si102 iA GRANTEEIRSNENDORNO 416005521 i. PRO]ECP TITLE imemet Cmnu Against Child*rn Tuk Foice 'I 4. AWARD NOP.BER. 2005-MGCX-K008 � 5. PROIECS PEffiOD: FROM OV012005 TO 1231/200] �, BOIX'ETPERIOD.FROM 01/01/2005 TO 1]131Y200� �I6.AWARDDATE OS/092006 ',ZACTION I 8 5IIPPLEMENLNUMBER �, SupplemenUl 01 i 9. PREV[OUS AWARD AMOONT $ 45Q000 I l0AM0UNTOFTHISAWARD 5500,000 I I l. TOTAL AWARD 5 950,000 1 i ` 12 >PECIAL CONDITIONS I 7HE AHOVE GRANT PROIECT IS APPROVED SOBIECT TO SUCH WNDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATfACHED PAGE(S) I 13 $iATOTORY AUTHORIIY FOR GRAM TAie pro�eU �a evpponed undu 42 U S.Q 5775 (W1DP - M�saing CA�Idren) 15 METHODOFPAYMENT PAPRS — AGENCYAPPROVAL — I6. TYPED NAME AND TITLE OF APPROVING OFFICIAL Regi� B Schofield Assrstast Attomey Gu+eml 1'/ SIGYATURE OF APPROVING OFFICIAL ���,� � ���� AGENCY USE ONLY - 20. ACCOUNTMG CLA$$IFICATION CODES 2t MC06T0000] FISCAL FOND BOD DN YEAR CODE ACP. OFC REG SOB. POMS AMOUNC X C MC 90 00 00 500000 O1P FORM 4000/2 (REV. 5-8]) PREV IOUS EDIIIONS AAE OBSOLETE. — GRANTEEACC — �g 'fl PPA NAM2 AND TITLE OF AOTHORIZED GAANTHE OFFICIAL ]ohn Hamngton CA�ef of Pobce 19 SIGNANRE OP AU'ffiOR2ED RECIPIENP OFPICIAL I 19A DATE i OJP PORM 40002 (REV 488) D7 / �T,.�:-o, � ; � =o - �° =�,� �� Department of Iustice Office of Justice Programs Office of Juvenile Jusrice and Delinquency Prevention PROP2CTWMBER 2005-MC-CX-K008 AWARD CONTINUATION SHEET Cooperarive Agreement AWARDDATE OS/07R006 SPECIAL CONDIT70NS PAGE 2 OF i 1. 1'he �ecipien[ agees to comply with the financial and admimst[ahve reqmrements set forth iu the curtent ed�tion of the Office of Justice Programs (OJP) Finaucial Guide. 2. The recipient acknowledges that failure to subr+ut an acceptable Fqual Employment OpporNniry Plan (if recipient is required to subinit one pursuant to 28 C.F.R. Section 42302), that is approved by the Office for Civil Righ4, is a violation of its CeRified Assurances and may result in suspension or tertninaGOn of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply wi[h the organizatwnal audit requirements of OMB Cirwlar A-133, Audi4 of Siates, Local Govemments, and Non-Profit Organizations, as fiuther described in the cwrent edirion of the OJP Financial Gmde, Chapter 19. 4. Recipient understands and agrees that rt cannot use any federal funds, erther dixectly or indirecdy, in suppoct of [he enactment, repeal, modificafion or adopt�on of any law, regulaGOn or pohcy, a[ any level of govemment, uathout the express prior written approval of OIP. 5 The recipient 5ha11 submit semiannual progress cepoc4s. Pmgress repor�s shall be submitted withm 30 days aRer the end of the reporting periods, which aze 7uue 30 and December 31, for the ]ife of the awazd. These reports will be submitted onLne through the Office of lustice Programs Grants Management System. 6 The recipient agceea to submit quar[edy finanotal reports on Siandard Form SF �69A. These reporLS will be submitted within 45 days after the end of the calendar quaRer, and a final report is due 120 days following the e�d of the award period. The reports can be filed online through the Intemet at https://grants ojp usdo�.gov/. 7. The Project Director and key program personnel designated in the appl�cahon shall be replaced only for compellmg reasons and vrith the concucrenw of OJP. OJP will not unreasonably wi[hhold concurrence. All successors to key personnel must be approved, and such approval is contingent upon submission of appropriate i�fovnafion, including, but not limited tq a resume. Changes in other program pemmonnel cequice only notificafion io OJP and submiss�on of resumes, uriless otherwise desig�ated in the award document. 8. The recipient agees ro comply witF� the [CAC Task Force Program Standards as established by the ICAC Task Force Advisory Board and approved by OJJDP. 9. The remp�ent agrees to forward reports of ICAC Task Fome Program Monthly Perfoimance Measures to the OSIDP- designated site. 10. The recipient agrees W designate one of the regional task forces u �ts represeniative to the ICAC Task Force Advisory Boazd. This designation. must be in writing a�d forwazded to OJJDP For approval within ninety days of award. OIP FORM 40002 (REV.488) o�-3c� � �.,�e. m..,y, ` '°: ° -'<o .,, <�'" f " TK% Depaztmem of Justice '' Office of Justice Progrnms '�' Office of Juvenile Jusfice and Delinquency I Prevenfion '', AWARD CONTINUATION SHEET Cooperarive Agreement PAGE 3 OF 3 4ROIECSWMB£R 200i-MGCX-K008 AWARDDATE OSIO]R006 SPECIAL CONDlTIONS I] The Office of Juvenile Justice and Delinquency Prevenuon hu elected ro enter inio a Cooperative Agreement rather than a grnnt with the recipienC This decision reflects the mu[ual interes[ of the recipient and OJJDP in the operntion of the pcoject as well u tF�e ac�ticipated level of Federal involvement in thu project. OIJDP's paz4cipaWry role in the project is as follows: a. Rev�ew and approve major work plans, including changes to such plans, and key decis�ons peRaining to project operntions. b. Review and approve major project ge�emted documents and materials used in the provisiou of project services. Provide gu�dance in s�gmficant project planning meetlogs, and par[icipate in project sponsored training evenis or canFerences. 12. Pnor to the expenditure of confident�al funds, the recipient and any subrecip�ents agree to sign a certificano� indicating [ha[ be or she has read, understands, and agrees to abide by all of the conditions pertainiug to confiden4al fund expend�tu`es as set YoRh in the OJP FinanciaL Guide. q OIPFORM40002(�V 488) a?� 3C� l ���ET:,�� ° "�h w�Q� Memorandum To: Official Grant File Department of JusRCe Office of Justice Programs O�ce ojJuvenile Justice and Delinquency Prevention Washingron, D.C. 20537 From: Donn Davis, Nepa Coordinator Subject: Categorical Exclusion for City of Saint Paul The recipient agrees to assist OJJDP to comply with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds either directly by the recipient or by a subrecipient. Accordingly, prior to obligating grant funds, the grantee agrees to fust determine if any of the following activities will be related to the use of the grant funds and, if so, to advise OJJDP and request further NEPA implemen[ation guidance. Recipient understands that this special condition applies to its activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third pariy and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities wvered by tl�is special condition aze: a. new construction; b. minor renovation or remodeling of a property either; (1) listed on or eligible for listing on the National Register of Historic Places or; (2) located within a 100-year flood plain; c. a renovation, lease, or any other proposed use of a building or faciliry that will either, (1) result in a change in i[s basic prior use or; (2) significantly change its size and; d. Implementation of a new program involving the use of chemicals other than chemicals that are; (1) purchased as an incidental component of a funded activity and; (2) traditionally used, for example, in office, household, recreational, or education �����i ' "';,, D�a`m'�`°f',�°" !' GRANT MANAGER'S MEMORANDUM, PT. I: �� � � offceoe��ri�rrogams PROJECTSUMMARY �= " Office of Juvenile Jusrice and , Coo erarive reement �` � ��� Delinquency Prevention " p � � PROIECT!.'LTdBER '� PAGE 1 OF 1 '� ' 2005-MGCX-K008 ; ' 71trs pmject is sryported under 42 U.S.C. 5775 (OADP - Missing Chddrrn) 1. S'IP.FF CONTACT (Name & relephone numbcr) Chrismpher Holloway (202)305-9838 i 3a. TITLE OF THE PROG[tAM � 077DP FY 2006 7v[eme[ Cnmes Against Childmn Covfiv�ahou (CPD) 4 7I7LE OF PROJECT In[emet Crimw Agamst Children Tuk Force 5. NAME & ADDRESS OF GRANTEE City of Sain[ Paul IS West Kellogg Boulevard Saint Paul, MN 55102 7 PROGRAM PEAIOD FROM: Ol/Ol/2005 TO: 12/312007 9 AMOiJN1'OFAWARD $ 500,000 II SECONDYEARSBUDGET 13 THIRD YEAR'S BUIJGET PERIOD 2 PR07ECT DIRECTOR (Name, address & telephone numbu) funy Brovm Research And Granss Manager 15 W. Kellogg Blvd Sam[ Paul, [�9V 55102-2295 (651) 266-SS07 i 36. POMS CODE (SEE INSTRUCT[ONS . ON REVERSE) 6 NAME & ADRESS OF SUBGRAN'IEE 8.BUDGETPERIOD FROM: Ol/Ol@005 TO: 12/312007 10. DATE OF AWARD OS/02Y2006 12 SECOND YEAR'S Bi)DGET AMOi3NT 14. THll2D YEAR'S BUDGET AMOiJNT I5. SUMMARY DESCRIPTION OF PROJECT (See mstruction on reverse) 7he FY 1998 lushce Appropriafions Acq Pubhc Lew 105-119 authorized $2.4 m�llion to O1JDP to stimulate the creanon of"State and local taw enforcemrnt cyber unifs to imestigate ch�ldsemal eaplortaLOd' by offenders using the Intemet or online communicalions [echnology. OIJDP developed the ICAC Task ForceProgram to ass�st Siate and local law enfotcement agenci¢s to acqwre the �cessary lrnowkdge, eqmpmem, and personnel resources W preven[, mterdicf, or imestigate ICAC offrnses. ' OJP FORM 40002 (REV o7-3t�1 In FY 1998, ten agrncies (IS['Iier) received ICAC Task Force coopereuve agreemmtt. SubsequrnC annwl funding ktas allowed for the expansion of the ICAC progrnm [o gow m 45'Iazk Forces. Uvder tltis progrem, Nae agrncies serve as mgional sources of prevrntioq educa[ion, and inves[igative expettise ro provide assisiance to paren4s, hachen, law enforcemrn4 �d other professionals worldng on child vic[imiaaVOn issua. Wifi fundmg provided by $�e Fiscal Year 2006 Appropnatioas Aa provided to OIJDP, iLe Ciry of SC Paul and the SL Paul Poiice Departmrnt will cov[inue iss multi-agrncy, multi- discipluwy rapovseto ICAC offeases iliat is wmposed of federnl, Staie, and local law enforttmevt agrnnes and child weifare organvaliou [o: 1) wnduc[ reactive and proaz[ive ICAC invuligalions; 2) secve as a forensic resource; 3kffec[rvely prosuute cases a[ tLe local, siate, avd federd Ievels, 4�ngage in law rnforcemrnt avd commUmry outreach actintia [o indude: havunw tetM�cal assistance, and p�evention and education ac[ivities; S)secve as a resoutte for all communines and agrncies within the gwgrephic area of responsib�liry; �effectively respond in a hmely man�er m refertals from agrncies (other task forces, federnl pazmers, Cybertipline, e¢; "nfocmal�u law enfonemen[ partnecthips [hrough wriaen ageemevts (for example, memorendums of wderstanding); 8)prov�de fmancial assistance to parmer agrncies; 9) cequire riwt parmer agencies adopt ICAC "Iask Foice Investigeeve Srandards as poLcy; 10) fulty pazticipate in nationally coordmated mvesriga[ions (for example, Peer Pcemsiov. CA/CF 07 �'� l�s��� � Saint Paul Police ICAC Task Force (Internet Crimes Against Children) Policy Statement Policy Purpose: The purpose of this policy is to establish responsibilities and guidelines regarding the St. Paul Police Departments zesponse to reports of exploitaiion of children, and the possession and distribution of child pornography using computers. Policy Statement: It shall be the policy of the St. Paul Police Department to adhere to strict guidelines with respect to investigations of computer related child exploitation. The standards adopted pursuant to this policy mirror those prescribed by OfFice of Juvenile Justice and Delinquency Preventions's (OJJDP) Internet Crimes Against Children (ICAC) Task Forces, and ensure compliance with those protocols accepted by the Federal Bureau of Invesfigations (FBI), U.S. Customs, and the U.S. Postal Inspector's Office. Definitions: A proactive investi ae tion is designed to identify, investigate and prosecute offenders, which may or may not involve a specific target, and requires online interaction and a significant degrae of pre-operative planning. A reactive investi�ation involves the investigation and prosecution of a known target(s), and where the need to proceed with the investigation is urgent. It also includes a response within the community or area of jurisdiction to a specific complain brought to the departments attention by another law enforcement agency, a reputable source of information such as the Cyber-Tipline at the National Center for Missing & Exploited Children or a large Internet Service Provider. The depaztment must also respond to complaints made by citizens, schools, libraries, or businesses who believe illegal material has been transmitted or pot�ntially dangerous situations, such as child lure attempts have been communicated through the Internet. The term Internet Crimes Against Children (ICAC) includes both proactive and reactive investigative activities as outlined above. An investigation is deemed to be urgent when there is a reasonable belief that the target presents an imminent threat to the well being of another person. Q�-�C�/ Procedures: Work space and Equipment Internet Crimes Against Children (ICAC) computers and software shall be reserved for the exclusive use by department designated ICAC personnel. When possible, undercover computers, software, and online accounts sha11 be purchased covertly. No personally owned equipment shall be used in ICAC investigations and all softwaze sha11 be properly acquired and licensed. All TCAC online invesrigations shall be conducted in government work space as designated by the deparhnent. Care Predication and PrioritizaHon Cases may be initiated by referrals from the CyberTipline, Internet Service Providers, or other law enforcement agencies, and by information gathered through subject interviews, documented public sources, direct observations or suspicious behavior, public complaints, or by any other source acceptable under current department policy. ICAC Supervisors are responsible for determining investigative priorities and selecting cases for investigation. Assuming the information is deemed credible, that determination should begin with an assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral characteristics. The following prioritization scale was established by the ICAC Task Force Review Board and will apply to the assignment of cases within the depariment: 1. A child is at immediate risk of victimizafion; 2. A child is vulnerable to victimization by a known offender; 3. Known suspect is aggressively soliciting a child(ren); 4. Traders of images that appear to be home photography with domiciled children; 5. Aggressive, high volume child pornography traders who either aze commercial distributors, repeat offenders, or specialized in sadistic images; 6. Traders and solicitors involved in high-volume trafficking or belong to an organized child pornography ring that operates as operates as a criminal conspiracy; 7. Traders in previously known images; 8. Traders in digitally altered images. Record Keeping ICAC investigative units shall be subject to the exisfing agency incident reporting procedure and ���31�1 case supervision systems. Investigators will obtain a case numbez at the outset of each case and fully document their activities through the completion of uutial ans supplemental reports. Reports will be compieted and reviewed by a supervisor in a timely fashion. Investigation and case management activities will occur in accordance with existing departmental policies and procedures. Closeout reports with indicate the manner in which a case has been resolved with copies forwarded to the prosecutor's office and/or the law enforcement agency continuing the investigation when applicable. Undercover Investigations Cazefully managed undercover operations conducted by well-trained officers aze among the most effective techniques auailable to law enforcement for addressing ICAC offenses. Undercover operations, when executed and documented properly, collect virtually unassailable evidence regarding a suspect's predilection to sexually exploit children. However, these investigations can trigger serious legal and ethical considerations because of concern that inappropriate govemment conduct may induce an otherwise innocent citizen into committing a crime. All investigations shall be conducted in a manner consistent with the principles of due process. Task Force investigators sha11 avoid unlawful inducement of any individual not otherwise disposed to commit the offenses being investigated, and will not engage in conduct that is shockiug or offensive to notions of fundamental fairness as described in applicable case law. Officers should always be aware that their actions, in addition to those of the offender, may be at issue in deciding if chazges are brought, whether referrals to other law enforcement agencies are acted upon, and in determining the guilt or innocence of the offender at trial. Therefore, it is critical that this task force work closely with local prosecutors when investigating ICAC offenses. Accordingly, the following minimum standazds apply to undercover investigations by the task force: a) Only sworn on-duty ICAC Task Force personnel shall conduct ICAC investigations in an undercover capacity. Pxivate citizens shall not be asked to seek out investigative targets nor shall they be authorized to act as police agents in an online undercover capacity. b) ICAC Task Force personnel sl�all not, under any circumstances, upload, transmit, or forward pornographic or sexually explicit images. c) Other than photographs of law enforcement officers who have provided their informed written consent, no human images sha11 be uploaded, transmitted, or fonvazded by ICAC Task Force personnel. 0?-3�) d) Other than authorized above, unages considered for uploading shall be approved by the ICAC Task Force Project Director and reviewed by a local prosecutor. Ixnages uploaded for investigative purposes shall be nonhuman and encrypted. Sexually suggesrive titles shall not be used. e) During online dialogue, undercover officers should allow the investigative target to set the tone, pace, and subject matter of the online conversation. Image uploading sha11 be initiated by the target. Evidence Procedures All undercover online activity shall be recorded and documented. Any deviations from this policy due to unusual circusnstances, shall be documented in the relevant case file and reviewed by the ICAC Task Force Commander. The storage, security, and destruction of investigative information shall be consistent with agency policy. At a minimum, information should be maintained in locked cabinets and under the control of ICAC Task Farce personnel. Access to these files should be restricted to authorized personnel with a legitimate need to know. Task Force supervisors should ensure that forensic examinations of computers and related evidence are conducted by qualified personnel that have received specific training in computer forensics. Information Sharing Conventional boundaries aze virtually meaningless in the electronic world of the Intemet and the usual constraints of time, place, and distances lose their relevance. These factors increase the possibility of ICAC Task Forces targering one another, investigating the same subject, or inadvertently disrupting an ongoing investigation. To foster coordination, collaboration, and communication, OJJDP requires that each ICAC Task Force contribute basic case informarion to a common database. Federal Guidelines have been established through the Department of Justice's ICAC Task Force Information Sharing Working Group. The OJJDP Task Force Review Boazd reviewed, modified, and adopted the below information sharing system and procedures. The St. Paul Task Force will comply with these guidelines. Task Force investigators sha11 contribute basic and case update information on all cases (local, interstate, reactive and proactive) to the Case Deconfliction System maintained tlu�ough the Wyoming ICAC. 2. 3. Basic case information shall include, but is not limited to: a) Submitting Task Force b) Person submitting information D?�3�i1 c) d) e) fl g) h) i) .1) Telephone number for verification purposes Date of submission Brief synopsis of investigation Offender screen name(s) Identifiers (URL, FTP, Newsgroup, IP Address) True name of suspect (if known) Other suspect information (if known) Undercover officer screen name(s) Case update information sha11 include, but is not limited to: Submitting Task Force Person submitting information Telephone number for verificafion purposes Date of submission e) Date investigation initiated fl Identity of subject(s) including address, date of birth, social security number, address (when available) g) Criminal proceedings (e.g., arrest, indictment, search wazrant, conviction, etc.) h) Sentencing information (when available) a) b) c) d) Each investigator warking with the ICAC task force will sign up for access to Wyoming ICAC Deconfliction System via their website. Information on how to gain access will be provided by the unit commander. Each investigator shall query Wyoming ICAC Deconfliction System once they have established an investigative interest. For the purposes of the ICAC Task Force Program, an investigative interest is established when there is reasonable suspicion that a crime has occurred or there is a reason to believe that a screen name or other potentially identifiable entity has engaged in a sequence of ac6vities that is likely to lead to the sexual exploitation of a child.__Assuming no other active investigations are discovered and that reasonable suspicion is present to initiate an investigation, the agency will submit case information to Wyoming ICAC Deconflicrion System. Each Task Force should submit this information within 24 hours of 'vuriating the case or as soon thereafter as possible. 2. If any duplicarion is found, the initiating investigator is responsible for contacting the other law enforcement agency. 07-3� � Supervision 1. Existing departmental supervisory systems and procedures shall apply, with specific emphasis on observation, documentation, and periodic evaluation of cases assigned to undercover investigators. Written directives will reflect the principles of quality case management and ensure that ICAC Task Force activities comply with both agency and ICAC Task Force Standards. 2. At a minimum, management or supervisory policies and practices shall include: a) review of daily ICAC Task Force investigative reports; b) periodic review of undercover session recordings; c) direct participation in formulating ICAC Task Force investigafive plans and establishing investigative priorities; d) development of work schedules including approval of specific overtime expenditures; e) assessment of equipment and training needs; and, fl review and approval of any ICAC Task Force fiscal matters. Selection of ICAC Task Force Personnel While existing agency personnel procedures apply, managers and supervisors should evaluate prospective ICAC Task Force candidates for work history that indicates prior investigative experience, court testimony skill, ability to handle sensiUve information prudently, and a genuine interest in the protection of children. Task Force members should be computer literate, knowledgeable regazding child exploitation issues, and be familiar with Federal and State statutory and case law pertaining to ICAC investigations. Prevention and Education Activities Prevention education activifies are a critical component of the St Paul Police ICAC Task Force Program. Supervisors and investigators aze expected to develop and lead prevention prog�ams to foster awazeness and provide practical, relevant guidance to children, parents, educators, librarians, and other individuals concerned about child safety issues. However, these presentations shall not depict identifiable vicrims nor shall they use pornographic or sexually explicit images. Presenters sha11 not discuss investigative techniques. Media Relations and Releases Copies of inedia releases related to this initiative will be forwarded through the ICAC Unit Commander to the Public Information Office for dissemination. Copies of radio or video segments and press clippings will be used to promote and sustain public support for ICAC activiries and circulated within the Review Board. D� 3Co I Media releases relating to prosecutions, crime alerts or other matters conceming ICAC Task Force operations shall not include information regazding specific investigative techniques and should be coordinated (when applicable) with other Task Force participants, Federal law enforcement agencies, and State and local agencies involved in the investigation consistent with sound information management and media relarions practices. In each case, copies should be provided to OJJDP in a timely manner.