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07-98Council File # Green Sheet # RESOLUTION � SAINT PAUL, MINNESOTA Presented By: 0 7 —9�' 3035412 � � Referred To: ✓ 1 RESOLVED, that the City of Saint Paul, Police Department, acfing through its Minnesota Internet 2 Crimes Against Children Task Force is authorized to enter into the attached NTemorandum of 3 Understanding with Lincoln County, acring through its Law Enforcement Agency. A copy pf said 4 agreement is to be kept on file and on record in the O�ce of Financial Services. '�}}� jr .� 6 A� 5�� ii� A�+h� � s 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Yeas Harris Absent Committee:Date: Requested by Department of: � Thune Adopted by Council: Date: Adoption Certi£ed By: � Approved � F¢�m A oved by City Attorney: 0� � By: 1 Secretary: ll�s�ia z /��? Appro by ay r for ubmis 'on to Council: By: �� Q:�Fiscal�AO&CR�2006\LincolnCtyMOUC2006.x1s � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 07-98 pp - Police Deputment Contact Person & Phone: Chief John Harring[on 26G5588 Doc.Type: RESOLUTION E-Uocument Required: Y Doeument Contact: Neil Nelson Contact Phone: 14DEC-O6 y Assign Number For Rou[ing Order Total # of Siqnature Pages _(Clip All Locations fof Signature) t. Has This persoNfirtn ever worked untler a contract for this tlepartmenY? Yes No 2. Has this personlfirm ever been a ciiy employee? Yes No 3. Does this person/firtn possess a skill not nortnally possessetl by any - current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Signatures on the attached council resolufion aathorizing the Ciry of Saint Paul, Police Depamnent to enter into the attached Memorandum of Understanding (MOU) with Lincoln CounTy, acting through its Law Enforcement Agency. �danons: approve (n) or H Planning Commission CIB Committee Civit Service Commission Initiating Problem, issues, Opportunity (Who, What, When, Where, Why�: The Ciry of Saint Paul, Police Depariment, will par[icipate in the Minnesota Cyber Crimes Task Force (MCCTF) with Lincoln County to combat Internet Crimes Against Children through prevention, education, and enforcement. Advantages If Approved: Opporiunity to putnership with outside agency [o investigate and appiehend technologically advanced criminals. RECEIV�D Disadvantages If Approved: None. MAYOR'S OFFICE Green Sheet NO: 3035412 0 YdiceDepaztment ' PdiceDepar�ent ! i �Pdice Denaztment Police Deoar�ent i 2 ,Cilv Attornev CiN Attornev �� 3 �Mavor's OfSce � Mavor 4 iCouncil Council 5 ;City Clerk City Clerk 6 oliceDeparlment PoliceDepartnent i Disedvantages If Not Approved: Lost opportimi.Ty to partnership with a outside agency to combat technologically advanced criminals to protect our communities and prevent national securiry threats involving computers and computer networks. Trensaction: Funding Souree: J CosNRevenue 8utlgeted: Financiallnformation: (F�cplain) �a-rt +n ":� �;:, � _, -� �� l 9 2�Q7 December 14, 20061:59 PM Page 1 0�-9� 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 Paul, acting through its Police Department (Grantee) and Lincoln County, acting through its Law Enforcement Agency (hereinafter "Undersigned Law Enforcement Agenc}�') both which aze empowered to enter into joint powers agreements pursuant to Minn. Stat. § 471.59, Subd. 10 & 12, and is fiu�ther 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 organizations engaging in such activity; and WhereSS, 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 3ust and Delinquency Prevention ("03JDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the ase 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 Internet Crimes Against Children ("ICAC") e 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: 1. 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 0 7-9� 3. The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC Task Force Policy Statement (attached to this Agreement as Exhibit B); and 4. 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 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 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 r '� io. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests; and i i. The Undersigned Law Enforcement Agency shali 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 Enforcement 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 ta. 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 Force and the Saint Paul Police Department, or the Agency breaches the Agreement. 0�-9� Terms of this agreement: This ageement shall be effecrive 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. John M. Hatrington, Chief of Police Saint Pau] Police Department Date Date :1 , .� � city Atto y � � � Director; F.i�an�ial'Services Date