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08-1407Council File # � � ��� Green Sheet # 3064515 RESOLUTION � � CITY OFSAINT P,,AUL, MINNESOTA Presented by 1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached Joint Powers Ageement 2 wluch has an indemuification clause, with the City of Windom acting through its Police Department for participation in the 3 Intemet Crimes Against Children Task Force. A copy of said agreement is to be kept on file and on record in the Office of 4 Financial Services. Yeas Boshom y s Carter ,i Harris ,i Stark Thune Adopted by Council: Date /�/v�3 Adoption Certified by Council Secretary BY� � < //f � � �� Approved by Mayor: Date f� as aa� sy: �� r� /? �� � 3 byl�/5`---�e�f PJ �( � fz / � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �� � DepaRmentlOffice/Couneil: i Date Initiated: v � J �� " � PD- Po1i ��P artment �; 20-NOV-0B ���: Green Sheet NO: 3064515 ;, Contact Person 8 Phone: � � . Chief John Hartinpton ' 266-5588 � Assign : Must Be on Council Agenda by (Date): ! Number Por ' Routing I ; Doc. Type: RESOLUTION '�. Order i �i E-DOCUment Required: Y I � Document Contact: Evette Srarver i , ConWCtPhone: 26&5541 0 Rati e Department � Police Department � 1 Po&ce Deoartmeut �� PoJice Departmenf ,i � 2'City Attoroev ' i CiN Attornev 3 4 Tofal # of Signature Pages r (Clip AII Locations for Signaturej Signatures on the attached council resolurion authorizing the City of Saint Paul, Police Departrnent, to enter into the attached Joint Powers Agreement wtih the City of Windom, acting through its Police Department. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Personal ServiCe Contracts Must Answer the Following QuestiOns: 1. Has this persoNfirtn ever worked under a contract for this department? Yes No Civii Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not �ortnally possessed by any current city employee? Yes No Explain all yes answers on separaM sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The City of Windom Police Department will participate in the Intemet Crimes Against Childten Task Force (ICAC) of the Saint Paul Police Depar[ment. Authorization is needed. Advantages If Approved: Opportuniry to network with outside agencies to bring successful prosecutions in cluld pronography cases. Disadvantages If Approved: None. ��� , ������� ��� � ,. � Disadvantages If Not Approved: ���p i Lost opportunity to use gant funds to successfully prosecute child pornography pezpetrators. � j� A1��R�EY ToWI Amount of Trensaction: Funtling Source: Financial lntormalion: (Explain) CostlRevenue Budgeted: Activity Number. November 20, 2008 1:28 PM Page 1 DK'IG�D� 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 Deparlment (('n•autee) and Citv of Windom, acting through its Police Department (444 Ninth Street VJindom, Mn. 56101 (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 further empowered to enter into this Agreement by Minn. Stat. § 626.76; and WheTeas, 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 arganizations engaging in such activily; and Whereas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civii, and forfeiture actions against identified violators, as appropriate; and WheTeas, the Grantee is the recipient of a federal grant (attached to this Agreement as E�ibit A) disbursed by the Office of Juvenile Justice 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 aze incurred by law enforcement as a result of such investigations; and Whereas, the OJJDP Internet Crimes Against Children ("ICAC") Grant Manager 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 Enfarcement Agency approves, authorizes, and enters into this Memorandum of Understanding with the putpose 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 (attached to this Agreement as E�ibit B), in addition to state federal laws, when conducting undercover operations relative to ICAC; and 6g-l�{a� 2. 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 3. 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 4. 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 5. 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 Farce 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 6. 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 7. 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 8. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests; and 2 68-/C/�7 9. 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 10. T`he Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP; and 11. The Undersigned Law Enfarcement 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 12. The Undersigned Law Enfarcement Agency shall be solely responsible for forwarding information relative to investigative targets and victims, to the ICAC data system pursuant to the OJJDP guidelines; and 13. 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 dissoive its binding relationship with the Minnesota ICAC Task Force and the Saint Paul Police Department, or the Agency breaches the Agreement. bg �1�4� Terms of this agreement: This ag�eement shall be effective upon signatures. Nothing in this agreement shall otherwise limit the jurisdicfion, powers, and responsibilities normally possessed by an employee as a member of the Agency. John M. Harrington, Director of Office of Financial Police Department The Windom Police Department certifies that the appro has executed the Aereement on behalf of the 0 `�' � s. / f � d t lt VIK��,/ i� Deparhnent o£ Justice �� � / �� � � A ,,, ' Office of Iusece Pro�3'dlns Office of the Assistan[ Attomey Genera] Woslwgwq D.G 2053] May 2, 2006 � ChiefJohn Hanington City of Sain[ Paul IS West Kellogg Boulevud Saint Paul, MN 55102 Deaz Chief Hazringon: On behaff of Attomey General Alberto Gonzales, rt �s my pleasure [o mform you tha[ the Office of Jus[ice Progams has approved your apptication for funding under Ihe In[emet Crimes Agams[ Children Task Force Program m the amount of $500,0p0 foc CiCy of Saint Paul. Enclosed you witl find [he Grant Awazd and Special CoMiuons documenu. This award is subjut to all admmis[ra4ve and financial requiremwis, including the hmely submiss�on of all financial and programmallc reports, resoluuon of all m[enm audit Fndings, and the main[enance of a minimum level of cuh-on-hand. Should yov no[ adhere [o these requirements, you wi11 be in v�olation of the [em�.s of tk�is agreemen[ and [he awazd will be subject to [ermina[ron for cause or other admimstrative action u appropria[e. If you have questions regazdmg this award, please contact Program Quesfions, Christopher Holloway, Progam Manager at (202) 3�5-9838�, and Finanaal QuesUOns, the Office of (he Comptroller, Customer Service Center (CSC) a[ (800) 458-0786, or you may con[act the CSC ai ask.oc@usdoj.gov. CongaNla6ons, and we look forward to working witk� you. Sincerely, .��, � ���� Regina B. Schofield Assistant Attomey General Enclosures bg-l�� � � � May 2, 2006 Chief John Hazrington City of Saint Paul 1S West Kellogg Boulevazd Saint Paul, MN 55102 Deparhnent of Jus[ice Office of Justice Programs Office for Civil Rights Wns)wgmnD.0 20531 Deaz Chief Hunng[on: Congtamlations on your recent awazd. In estabhshing financtal assistance progruns, Congress linked the receipt of Federal funding m compliance with Federal civii nghts laws. The Office for Civil R�ghts (OCR), Office of Justice Programs (O7P), U.S. Department of Justice is responsible for ensunng that recipienu of financ�al aid from OJP, its componen[ offices and bureaus, the Office on Violence Agains[ W omen (O V W), and the O�Ce of Commumty Oriented Policir,g Services (COPS) comply wi[h applicable Federal civi] nghts stam[es and regulations. We a[ OCR aze ava�lable [o help you and your organzation mee[ the civil rights requvemen[s Iha[ come wi[h Justice Department fundmg, Ensuring Aceess to Federally Assisted Ptograms As you know, Federal laws prohibn recipients of financtal ass�stance from discr�minanng on the basis of race, color, national origin, religion, sex, or disability in fundeA programs or ac[iv�ves, no[ only m respec[ to employmen[ prnc[ices but also in the delrvery of services or benefits. Federal law also prohibits funded progams or ac[rvifles from discnminahng on the basis of age in the detivery of secvices or be�fits. Providing Services [o Limited English Pro6ciency (LEP) Individuals in accordance with Depaztrnen[ of Jusuce Guidance pertaining [o Title V I of the Civil Rights Act of 1964, 42 0.S.0 § 2000d, recipients of Federal financial assistance mus[ take reasonabie s[eps [o provide meaningful access to their programs and activities for persous with lim�ted English proficiency (LEP). Fot more informa[io� on the civil rights responsibili[ies tha[ rec�pienLS have in providing language services [o LEP md�viduals, pleue see the websi[e at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Depaztmen[ of Justice has pubLshed a regulation specifically pertaznmg to the funding of faith-based organizations. In general, Ihe regulaUOn, Participauon m JusUCe Depaztmen[ Programs by Rel�gious Organ�zaUOns; Providing for Equal TreaUnent of ail Jus[ice DeparUnent Program Pazticipants, and known as Ihe Equal Trea[men[ Reguta[ion 28 C.F.R. part i8, requires S[ate Admmistering Agencies to trea[ these organiza[�ons the same as any other applican[ or rec�p�ent. The regulabon prohibiu Siate Adm�mstermg Agencies from makmg awazd or gran[ administration decis�ons on the buis of an organizadon s rehgious charac[er or affiliavon, religious name, or the religious compostGOn af its boazd of direcmrs. The regulation also prohibits faith-based organizavons from usmg financial usistance from Che Department of Justice to fund inherently rehgious acUVifies. V✓hile faith-based organiza[ions can engage m non-funded inherenUy religious activities, they must be held sepazately from Ihe Departmen[ of Jus[ice funded progam, and customers or beneficiaries canno[ be compelled to pazlicipa[e in them The Equal Treatrnent Regulanon also makes clear that organizations participating m programs funded by the Depamnent of 7ustice are not permrt[ed to discriminate in the provis�on of services on ihe basis of a beneficiary's religion. For more mformat�on on [he regulanon, please see OCR's websrte a[ http://www.o�p.usdoj.gov/ocdettUo.htm. b8' 1 �7 State Adminis[ering Agrncies and faith-based orgaivaations should also note that the Safe Streets Ac[, as amended; [he V icums of Crime Ac4 as amended; and the Juvenile lusuce and Delinquency Re�ention Act, as amended, cont2io prolubitions agains[ discriminaGOn on t6e buis of retigion in employment. Thue empioymen[ provisiont have been specifically incoxporated into 28 GF.R. Part 38.1(� and 382(�. ConsequenUy, in many c"ucumstances, i[ would be impermissible for faith-bazed organizavons seelung or rueiving funding autf�onzed by tLeSe siatutes [o have polic�es or practices thal wndiUOn lilring and otf�er employment-xelated duisions on Ihe rel�gion of applicants or employees. Progrnms subject to these nondiscrimination provisions may be found on OCR's website at http9/www.ojp.usdoj.gov/ocr/. Quesfions about tLe regulaUOn or the siaNtes [ha[ prohibi[ discnmination in employment may he direc[ed to dus Office. Enforcing Civ� Rights Iaws All recipients of Fedefal financial azsis[ance, regardless of the particulaz funding source, the amount of the grant awazd, or [k�e number of employees in the workforce, are subject [o Ihe prohibi5ons againsi uniawful discrimmaVOn. Accordingly, OCR invesUga[es recipienu that aze the subject of discnminatlon compiaint5 from both indiv�duals and groups. In addilion, based on regulamry rnteria, OCR seluts a number of recipients each year for wmpliance rev�ews, audtts If�ac require reciQients ro submn data showing Iliat they are providing services eqmtably [o all segments of their serv�ce populahon and tha[ thev employment prectices meet equal employmen[ oppoRUnity standazds. Complying with the Safe S4eets Act or Program Requirements In add�tion [o these geueral proh�bitions, an organization which �s a reapien[ of financial assistance sub�ect to tkie nondiscrimination provisionc of the Ommbus Crime Control and Safe Streeu Ac[ (Safe Streets Ac[) of 1968, 42 U.S.C. § 3789d(c), or o[her Federal gant pmgam reqmrements, must meet [wo add�tlonal reqUirements;(1) complying wi[h Federal regulations pertaining [o the developmen[ of ari Equai Employmen[ Opponuni[y Plan (EEOP), 28 CF.R § 42301-.308, and (2) submitti�g to OCR Findmgs of IDscrimmation (see 28 C.F.R. §§ 42205(5) or 31 202(5)). 1) Meeting the EEOP Requirement [n accordance with Federal regutaUOns, Assurance No. 6 in [he Standazd Asswances, COPS Assurance No. 8.6, o� cettain Federal gan[ program requ'sements, your organization must comply w�th the following EEOP reporting requireme�ts: If yow orgamzation has received an awazd for $500,000 or more and has 50 or more employees (counting both full- and part-[une employees bu[ excluding poli�cal appoin[ees), then �t hu ro prepare an EEOP and submi[ it to OCR for review within 60 days from [he date of this letter. Foc assistance m developing an EEOP, please consult OCR's website at http://www.ojp,usdq.gov/ocdeeop.htm. You may also request technical ass�stance from an EEOPspecialis[ a[ OCR by diating (202) 6163208. If your organization received an awazd between $25,000 and $500,OOp and has 50 or more employees, your organization s[ill hu ro prepaze an EEOP, but n does no[ have to submit ti�e EEOP to OCR for review. Ins[ead, your organizatio� has to mamtam tl�e EEOP on file and make i[ available for renew on reques[. In addiuon, your orgamzation has [o comple[e Sect�on B of the Certification Form and re[urn i[ [o OCR. The Certrfication Form can be found a[ hrip://www.o�p.usdoj gov/acr/eeop.htm. If your org�wzation [eceived an awacd for less than $25,00�; or if your organiza�on has less than 50 employees, regazdless of the amoun[ of the awazd; or �f your organizatlon is a medical ins[imtion, educauonat msntution, nonprofit organ�za[ion or Indian hibe, [hen your orgamzation �s exempt from the EEOP requiremen[. However, yow orgamzation must complete Secuon A of the CerGfication Fortn and rehun it to OCR. The Certifica[ion Form can be found a[ http://www.o)p.usdq.gov/ocdeeop.h[m. 2) Submitting Findings of Discrimination In the eveu[ a Federal or State court or Federal or Sta[e administraiive agency makes av adverse findmg of discrimina4on agamst yow orgamzation after a due process heazing on tt�e gound of race, color, religion, nffi�onal ongm, or sez, your organ�zatron must submrt a copy of the finding to OCR for renew. rg -1r� � Ensurmg the Compliance of Subre�apienfs If your o aanizarion maku svbawazds to other agencies, you aze responsible for assuring that subrecipients also comply with al] of ihe applicable Federal civii nghts laws, including the requiremenu pertaining to developing and submitting an EFAP, teporting Fmdings of DiscnminaUon, and providing language serv�ces to LEP persons. State agencies thaz make subawards mus[ have m place standard gant ass�sances and review procedures [o demonstrate ihatShey are effectively monitoring ihe civii rights compliance of sub=ecipienu. If we can azsist you in any way in fulf'illing your crvil rights responsibililies as a recipient of Federal fundmg, please call OCR a[ (202) 307-0690 or visi[ ow website at http://www.o�p.usdoj.gov/ocd Sincuely, �f a. r�---- Michael L. Als[on Director cp Grant Manager Financial Analyst Department of Justice D � �� �Q � - Office of 7usvice Prog-nms � >.�' Office of Comptroller Washington, D.C. 20531 May 2, 2006 Chief ]ohn Hazrington CiTy of Saint Pau1 1S Wrst Ke]Iogg Boulevazd Saint Paul, MN 55102 Referrnce GranWumber. 20p5-MC-CX-K008 Supplemental Budge[ Number: 1 Dear Chief Hazrington: 1 am pleased to mform you Ihat my off�ce has approved the following budget categories for the aforemen[ioned grau[ award in the cost categories identlfied below: Category Personnel Fringe Benefits Travel Equipment Supplies Construction ConVacmal Other Total Direct Cos[ Ind�rect Cos[ Tatal Project Cost Federal Funds Approved: Non-Federal Shaze: Progam Income: Prior Budget Supplemental Budget $222,665 �231,834 $66,380 $86,133 $60,390 $77,770 $0 $0 $8,100 $4,050 $0 $0 $9,000 $0 $83,465 $100,213 $450,000 $500,000 $0 $0 $450,000 $500,000 $450,000 $SOO,WO $0 $0 $0 50 Totai $454,499 $152,513 $138,160 $0 $12,150 $0 59,000 $183,678 $950,000 $0 $950,000 $950,000 $0 SO If you ftave questions regazding this award, please contacC � - Rogram Questions, Christopher Holloway, Program Manager az(202) 305-9838; and U " J/ �� - Financial Questions, the Office of the Comp�oller, CLstomer Service Center(CSC� az(800) 458-0786, or you may contact the CSC a[ ask.oc@usdoj.gov. Congawlations, and we look forwazd tn working with you. Sincerely, / /a�r.o_ K \^ °ci I Mazcia Pau]] Acting Comphollei og-l�4'I Department of lustice � � Office of Sustice Programs == Office of Javenile Jusfice �"� and Delinquency Prevention Cooperative Agreement PAGE 7 OF 3 1_ REC7PIEN'lNAME AND ADDRFSS Qvc(ud'mg Zip Code) Ciry of SamtPaW IS Wes� i(eliogg Boulevard Sam[ PaW, MN 55102 IA GRAN7EEIR5/V6NppANO. 416005521 3 PROSECf T7TLE Inremet Cnmes Agains[ CLildren Tack For¢ i i 4. AWqRD NUMBER: 2005-MGIX-K008 5 PAOIECI' PERiOD� FROM Ol/012005 ]TJ I?/31200] BUDGEI'PERIOD�FROM OI/Ol/7A05 TO 12(i120�7 b. AWARD DA1E OSiD7R006 � 7. ACI70N 8 SUPPLEMEMPNUMHER SupplemevW 01 9.PREVIOUSAWAR➢AMOUM 54SO,ppp lO.AMOlJNTOFTHISAWARO $Spp,ppp IITOTALAWARD ---"–_—' �§950.000 12. SPECIAL CONDITIONS TF� ABOVE GRAM PROJECf IS APPROVEO SUBIECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON TI-� q79'ACHED PAGE(5). 13. STATVTpRY AUTHORITY FOR GRAM 77us prqu[ is supported under 42 U.S.C. 5775 (017DP- M�ssmg Chiidren) 15 Iv�LHOD OF PAYb�NT PAPRS — AGENCYAPPROVAL _ 16. TYPED NAME AND TITLE OF APPROVING OFFlCIAL Regina H. Sc6ofield Ass�stap� Aryqrney Geouai � GRANTEEACCEPTANCE — 18. NPED NAME AND TITLE OF AUTHORtZED GRANTEE OFFlCIAL loM Harring[on Chief o£ Police 17 SIGNATUREOFAPPROVMGOFFICIAL ���5��� 79 SIGNA7UREOFAUTHORIZEDRECIPIENTOFfIC1AL I 19A.DATE AGENCY QSE ONLY - ?A ACCOUN'17NG CLASSIFICATTON CODES 21 MC067UOOp7 FlSCAL FUND BUD. DIV. YEAR CpDE ACI'. OFC REG SUB. PoMS AMOUNT X C MC �0 00 00 SOOU00 I OJP AJRM 40002 (REV, 5-87) PREVIOUS EDITIONS ARE OBSOLEI'E OIP FORM 4000/2 (AEV. 488) Og-l�D� ��� r� � z� �ICE��`- Department of Justice Office of Justice Progarns Office of Juvenile Justice and Delinquency Prevention AWARD CONTINUATION SHEET Cooperative Agreement ! PAGE 2 OF 3 �O��NUMBER 2003-MC-CX-K008 AWARDDA'[E OSN220p$ SPECIAL CONDIIIONS 1_ The recipient agees to comply with [he financial and adminisllabve requiremenGC set forth in the current ed�tion of [he O�ce of ]usnce Rogcams (OJP) Financial Guide. 2. The ruipien[ acknowiedges [ha[ failu�e [o submi[ an accepiable EqUal Employmen[ Oppotturlity Plan (if recipien[ is requued to submi[ one pursuant [0 28 C.F.R. Section 42302), Ihat is approved by the Office for Crvil Rights, is a violation of �GS Certified Assurances and may resul[ in suspens�on or [eimina[ion of funding, un[il such time as the rectp�ent �s in comptiance. 3. The recip�ent agrees to comply w¢h the organiza[�onal audrt requirements of OMB Circulaz A-133, Audits of Sta[es, Local Crovernments, and Non-Profit OrgamzaUOns, as fuRher described m the cutrent ediUOn of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agees that rt cannot use any federal funds, either d'uectly or mdirectly, in suppott of fhe enacunent, repeal, modification or adopUOn of any law, regulafion or policy, at any level of govemmen4 w�thout the express pnor written approval of O1P. 5. The re.cipiem shall submit semtannual progcess reports. Progess reporis shaf7 be submitted w�thin 30 days after [he end of the reporting periods, which are June 30 and December 31, for ti�e hfe of Ihe award. These repor4s will be submitted o�hne tluough [he Office of 7ustice Programs Grants Managemen[ Sys[em. 6. The recipien[ ag[ees [o submit quartedy financial repores on Standazd Form SF 269A. These repor[s w�il be submi[ted within 45 days afrer [he end of the calendaz quarcer, and a fina( ceport is due 120 days foltowmg ihe end of d�e awazd perrod. The reports ca� be filed online tfu'ough the Internet at: https://ganLS.ojp.usdoj.gov/. 7. The Project D'uector and key program personnel designated in the applicatlon shall be replaced only for compelling reasons and with the concurzence of OJP. OIP will not unreasonably wi[hhold concurrence. All successors [o key personnel must be approved, and such approval is con[ingent upon su6mission of appropnate infom�aUOn, mctuding, bu[ not limited [o, a resume. Changes in o[her program personne] requ'ue only notificaeon to OJP and submission of resumes, unless otherwise designated in the awazd document 8. The recipient agrees to comply wi@� ffie ICAC Task Force Program S[andards as estabhshed by [he ICAC Task ForCe Advisory Boazd and approved by O]JDP. 9. '17�e recip�ent agrees W forwazd reports of ICAC Tuk Force Program Monthly Performance Measures to the OJJDP- designa[ed site. 10. The rec�pient agrees to designate one of [he regjonal task forces as its representa[ive to {he ICAC Task Force Advisory Board, This des�o at�on mus[ be in wnting and forwazded m O7]DP for approval withim m�ety days of awazd. OR FORM 40002 (REV.488) b� -i��7 �� -s.. �� , _ c; . ^ "!''G'm�C.e e � Depaxm�entoflustice I Office of Iustice Pro�ams � Office of Juvenile i Justice and Delinquency ; Prevenfion ; AWARD CONTINUATION SHEET Cooperative Agreement PAGE 3 OF 3 PROJECTNUkBER 2(p5-MGCX-K008 AWARDDA'IE OSN]120pb SPECIAL CONDITIONS 11. The Office of Juvenile Jus4ce and Dehnquency Prevention has elected to enter mto a Coopera9ve Agreement rather ihan a gran[ with the recipient Th�s decision refluu the mumal in[erest of @�e recipient and OlIDP in the opera[ion of the project az well as the anticipated leve] of Federal involvement in tlus pro}ecG OI1DP's patticipamcy cole in the project is as follows: � a. Review and approve major work plans, indudiug changes [o such plans, and key deasions pertaining [o projec[ operaGOns. b. Revtew and approve major pro�ect generated documents and matenals used m the provision of prqec[ services. Provide guidanCe in signiEcant project planning meetings, and parficipate m project sponsored training events or conferences. 12. prior to the expendiWre of co�denual funds, the recip�en[ and any subrecipientr agree [o sign a cer[ifica[ion indicaung [hat he or she has read, understands, and agtees W abide by all of the condi[ions pertaming to confidential fund expenditures as set forth in the OJP Financial Guide. OIP FORM 4ppp/2 (REV. a88) b��1�07 � `< � � �; � ;� � oF, ,,.«r Memorandum To: Officia] Grant File Department of Justice Office of Justice Progams O}Jice of Juvenile Jusace and Delinquency Prevention Woslungmn, D.0 20531 Rrom: Donn Davis,lVepa Coordinator Subject: Categorical Exclusion for City of Saint Paul The cecipient agrees to assist OJJDP to comply with the Nationa] Environmental Policy Act (NEPA) and other related federal environmental impact analyses requuements in the use of these grant funds ei[her directly by the recipient or by a subreciptent. Accordingly, prior to obligating gant funds, the grantee agrees to first determine if any of the following activities will be related to [he use of the grant funds and, if so, to advise OJJDP and request fur[hei NEPA implementation guidance. Recipient understands that Ihis special condition applies [o its activities whether or no[ they are being specifically funded with [hese grant funds. That is, as long as Ihe activity is being conducted by the recipient, a subrecipient, or any third party and the activity needs to be undertaken in order to use these grani funds, this special condition must first be met. The activities covered by this special condrtion 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-yeaz flood plain; c. a renovation, lease, or any other proposed use of a building or facility that wil] either, (1) result in a change in its basic pnor use or; (2) significantly change its size and; d. Implementation of a new progam involving the use of chemicals other than chemicals that are; (1) purchased as an incidental component of a funded acUvity and; (2) traditionally used, for example, in office, household, recreational, or educahon � Cc�. ur� � � �. , Ao. . �1�5t ➢epanmeotofl�nce j offuorJ,�e�an� i � Office of Juvenile Justice and '; Delinquency Prevention Th�s projut is supponed under 42 O.S C 5775 (O11DP - Missing Children) 7. STAFF CONTACT (Name & felephone number) Christopher Holloway (?A2) 305-9838 3a TITLE OF THE PROGRAM O11DP FY 2006Intemet Gimes Againct Children Conanuanm (CPD) 4. TITLE OF PROJECT Inremet Cnmes Against Children Tack Force S NAME & ADDAFSS OF GRANTEE City of Saint Paui I S West Keltagg Baulevard Samt Pau7, MN 5902 7. PROGRAM PERIOD FROM: Ol/012005 9 AMOUNTOFAWARD $ 500,000 l I. SECOND YEAR'S SUDGE7 13 THIRD YEpR'S BUDGET PERIOD 74. TH[RD YEAR'S BUDC'EI' AMOONT IS.SUMMARYDESCRIP7'IONOFPROIECC(Seemshucnononreverse) � The FY 199g lusnce pgpcopciations Act, Pubhc Law (OS-l19 auNonzed $2 4 miliion m D13DP to atimula[e the creat�on of "Stare antl locai law enforcement cyber umts [o investigate childsexual ezploi�auon" by offenders usmg tl�e Intemet or oNme communmaoons [echnology. O1JDP developetl the ICAC Task Force Proe am [o atsist S(aCe md local law enforcement agencies to acquire the necexsaly knowleAge, eqmpment �tl personnel resowces to preven4 mterd¢t, or mves�gate ICAC offevses. d��l�d7 � GRANT MANAGER'S MEMORANDUM, PT. I: � PROJECT SUMMARY Cooperative Agreement I PROIECT MIMBEP, j I ! PAGE I OF 1 1 2005-MCLX-K008 i , 2 PROIECT DiRECTOR (Name, address & telephone number) AmyHrown Ruearch Antl Gmnrs Managu IS W. Keliogg Blvd . Smnt Paul, MN 55702-2295 (65 p 26&5507 36 POMS CODE (SEE INSTRUCTIONS ON REVERSE) 6. NAME & ADRESS OFSUBGRANTEE 8 BUDGETPERIOD TO. t2/31/Z007 FAOM: 07/072W5 TO 1Y31/2007 ( 10. DATE OF A W ARD osrovzooa 12 SECOND YEAR'S BUDGET AMOUNT OIPFO[ZM40pp2(REV 488) ag-l�a � . In FY 7998, ¢n agencies (ls[Tier) fecerved ICAC Tazk Force cooperytive a�eementt. Subsequevt aunuai fundmg Las allowed for Ne expaasio� , of tLe ICAC progam m gow m 45 Tazk Frorces. Under rhis progam, thrse agercies serve az rcg�ouai sowces of pmventlon, educatloq and , ivve5[igative expe�vsa m pcovide azsistaze.em pazencs, �¢3chers, law enfortement, and INher professimia4s wo:king on child vicmmzanon issues. i 'Nith fundin� provided by Ne Fiscai Year 1JJ06 Appmpriauortt Act providu3 m O1JDP, Ne C�ty of SL Paul and the St PaW PoLce Deparm�ent wtll I conun� iLC mulri-ageMy, muiti- discioi�nary resportse to ICAC offenses rhat is composed of federal, State, antl lacal law enforcemmt agencies i znd child welfare orgamzavons [a 1) covduct reachve v�d proactive [CAC mvest�gauoat, 2) urve az a fo[ensic �esowce, 3�ffect�vely prosecure � cases az the local, stare. and federal IeveLs: 4kngage in law enforcemen[ and wmmuniry ou¢each actlnues [o ixlutle: naining, tecim�cal a¢istsnce, and preventiov aad educauon acuv�ties, S�erve az a resouxce far all communines and age�eeies widim the geo�aphic azea of I mspoasibihry; b�ffarive(y respo� m a umely manner [o refertais from agencia (other task Porces, fede[al parme[s, Cybenipli�re, etc, 7)fortnalize law en(orcement parmerships through wriuen ageemente (for example, memorandums of untlerstanNng); $)provide financul aesstance ro partnu i aveK�u; 9) require Ihat pam�et agex�es adopt )CAC TaSk Force Imuhga6ve Sundards ae pohry. 70) Poily partic�pa'e in nat�onally coordmaretl � inves[igafions (for uaznpie, Peer Precisiov. CA/CF LAR' ENFORCEMENT SENSITIVE I�] .�, t � b��i�D� Intcrnef !Cri�es r�ga�ir�st Childrea T��l� � �rr�� OPERATIONAL �� INVESTIGATIVE STANDARDS Revised: Feb 1, 2007 ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY LAW ENFORCEMENT SENSITIVE Dg' ��07 TABLE OF CONTENTS Forward Defmitions Section 1: Oversight Section 2: Selection and Retention of ICAC Task Force Personnel Section 3: Training Section 4: Case Management Section 5: Information Sharing Section 6: Victim Identification Section 7: Community Education and Crime Prevention Section 8: Media Relations and Releases Appendix A: ICAC Communication Plan 2005 - 2008 Appendix B: Regional ICAC Task Force Contact List Appendix C: ICAC Training & Technical Assistance Contact List Appendix D: National Child Victim Identification Program ICAC Program Operational and Investigcztive Standards FOR LAW ENFORCEMENT PURPOSES ONLY February 1, 2007 LAW ENFORCEMENT SENSITIVE D� � ��a � Forward The mission of the Intemet Crimes Against Children (ICAC) Task Force program is to assist state and local law enforcement agencies in developing an effective response to cyber enticement and child pornography cases. The Intemet Crimes Against Children (ICAC) program is a national network of coordinated state and local task forces engaged in proactive investigations, forensic examinations, effective prosecutions and community education. The ICAC program was developed in response to the increasing number of children and teenagers using the Intemet, the proliferation of child pornography, and the heightened online activity by predators searching for unsupervised contact with underage victims. By helping state and local law enforcement agencies develop effective and sustainable responses to online child victimization and child pornography, the ICAC program delivers national resources at the local level. In addition, the ICAC program believes that building partnerships will reduce child victimization, both in the United States and internationally. The purpose of this document is to set minimum uniform operational and investigative standards. These standards promote consistency in investigations, referrals, prosecutions and other aspects within the ICAC Task Force program. This document does not intend to prohibit officials from using discretion and best judgment in matters where personal or community safety is at stake. ICAC Program Operataonal and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY February 1, 2007 Law Enforcement Sensitive �g ' � �Q / Definitions As used herein, the following definitions shall apply: "OJ7DP" is the Office of Juvenile 7ustice and Delinquency Prevention. "NCMEC" is the National Center for Missing and Exploited Children. "CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the Department of Justice. "ICAC" is the Intemet Crimes Against Children program composed of Regional Task Forces and Affiliates. "REGIONAL TASK FORCE" is defined as an ICAC law enforcement agency designated by OJJDP to act as a Regional Task Force. "AFFILIATE" is defined as a law enforcement agency that is working in parinership with a Regional Task Force and has agreed in writing to adhere to ICAC Operational and Investigative Standards. "PARTNER" is defined as an agency assisting a Regional Task Force absent a written agreement. "NATIONAL INITIATIVE" is defined as any investigative proposal which relies on the cooperation and resources of all Regional Task Forces or mandates action by OJJDP. `BXECUTNE COMMITTEE" is defined as the chair and the vice-chair of the Working Group and the co-chairs of the Working Group committees. "CVIP" is the Child Victim Idenrification Program. For the purposes of this program, crime is defined as any offense that involves the exploitation of children facilitated by technology. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY February 1, 2007 Dg -1�f0� Law Enforcement Sensitive Investigative interest is established when there is reasonable suspicion that a screen name or other potentially idenrifiable entity has committed a crime or that enrity is engaged in a sequence of activities that is likely to result in the commission of a crime. A proactive investigation is designed to identify, investigate and prosecute offenders, which may or may not involve a specific target, and requires online interaction and a significant degree of pre-operative planning. A reactive investigation involves the investigation of a complaint of a crime. Reasonable suspicion is established when su�cient facts exist to lead a law enforcement officer to believe that an individual or organization is involved in a definabie criminal activity. ICAC Program Operationad and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY February 1, 2007 Law Enforcement Sensitive v � /�� � 1• Oversight 1.1 Each ICAC agency shall haue supervisory systems and procedures, which shall provide for observarion, documentation, and periodic review of ICAC activity. Such system should comply with the principles of quality case management and ensure that ICAC activities comply with both agency and ICAC Standards. 1.2 Regional Task Forces shall submit all proposed national initiarives to the Working Group Chair and OJJDP prior to project initiation. All proposed national iniriatives must be reviewed and approved by the Working Group Execurive Committee prior to implementation. 13 The Executive Committee at its discretion may suggest amendments to the original proposal following consultarion with the presenting Task Force. ICAC Program Operational and Investigcrtive Standards FOR LAW ENFORCEMENT PURPOSES ONLY February 1, 2007 ���/ Law Enforcement Sensitive 2. Selection and Retention of ICAC Task Force Personnel 21 Managers and supervisors should evaluate prospective ICAC candidates for work history that indicates prior investigative experience, court tesrimony skills, ability to handle sensitive informarion prudenUy, and a genuine interest in the protection of children. 2•2 Given the graphic nature of evidence routinely encountered in ICAC related cases, the mental healtb of investigators working such cases is a great concem. Task force supervisors at all levels aze encouraged to make reasonable efforts to ensure that all assigned officers remain fit for duty in accordance with applicable departmental policies and procedures. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY February 1, 2007 Law Enforcement Sensirive �g' � �J'�' � 3. Training 3.1 All Invesrigators will be supplied with appropriate iraining consistent with the ICAC Operational and Invesrigarive Standards. 3.2 Working group members aze responsible for ensuring that the individuals nominated for ICAC sponsored training are employed by agencies that have agreed in writing to adhere to the ICAC standards of invesrigation and that any prerequisite requirements for the training session have been met. 3.3 ICAC task forces may give regional training. The training shall comply with current ICAC standards. Any subsequent support required as a result of the regional training shall be the responsibility of the task force providing the training. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY February 1, 2007 Law Enforcement Sensirive � / l � � 4. Case Management 4.1 Case Predication and Prioritizaiion 4.1.1 Cases may be initiated by referrals from the CyberTipline, Intemet service providers, or other law enforcement agencies, and by information gathered through subject interviews, documented public sources, direct observarions of suspicious behavior, public complaints, or by any other source acceptable under agency policies. 4.1.2 ICAC supervisors aze responsible for determining investigative priorities and selecting cases for investigation. Assuming the information is deemed credible, that detemuna6on should begin with an assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral characteristics. The following prioririzarion scale shall be considered: a) A child is at immediate risk of victimizarion b) A child is vulnerable to victimization by a known offender c) A lmown suspect is aggressively solici2ing a child(ren) d) Manufacturers, distributors or possessors of images that appear to be home photography with domiciled children e) Agb essive, high-volume child pornography manufacturers or distributors who either are commercial disiributors, repeat offenders, or specialize in sadistic images fl Manufacturers, distributors and solicitors involved in high-volume ttafficking or belong to an organized child pomography ring that operates as a criminal conspiracy g) Disiributors, solicitors and possessors of images of child pomography h) Any other form of child victimization. 4.2 Record Keeping 4.2.1 ICAC agencies shall be subject to existing agency incident reporting procedures and case supervision systems. At a minimum, a unique identifier shall be assigned to each ICAC case. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY February 1, 2007 Law Enforcement Sensitive �$ � I � � 4.2.2 All affiliated agencies will report theu activity to theu respective Regional Task Force VJorking Crroup Member by the l Oth of each month using the ICAC Monthly Performance Measures Report. 4.23 Regional Task Forces will compile and submit their monthly performance measures report to the OJJDP designated location before the end of the following calendar month. This monthly report does not replace the semi-annual progess report required by the Office of Justice Program's Financial Guide. 4.3 Undercover Investigations 43.1 Carefully managed undercover operations conducted by well-ttained officers are among the most effective techniques available to law enforcement for addressing ICAC offenses. Undercover operations, when executed and documented properly, collect virtually unassailable evidence regarding a suspecYs predilection to exploit children. 4.32 ICAC supervisors are responsible for ensuring that ICAC investigators receive a copy of the ICAC Operational and Investigative Standards. 4.3.3 ICAC investigations shall be conducted in a manner consistent with the principles of law and due process. ICAC investigators aze encouraged to work in conjunction with their local, state or federal prosecutors. 43.4 The following minimum standards apply to ICAC invesrigarions: a. Only swom, on-duty ICAC personnel shall conduct ICAC investigations in an undercover capacity. Private cirizens shall not be asked to seek out investigative tazgets, nor shall they be authorized to act as police agents in an online undercover capacity. b. ICAC personnel shall not electronically upload, transmit, or forward pornographic or sexually explicit images. c. Other than images or videos of individuals, age 18 or over, who have provided their informed written consent, and at the rime consent was given were employed by a criminal justice agency, no actual human images or videos shall be utilized in an invesrigation. Employee is defined as a salaried or compensated individual. d. During online dialogue, undercover officers should allow the investigative target to set the tone, pace, and subject matter of the online conversation. Image transfer shall be iniriated by the target. e. Undercover online activity shall be recorded and documented. Any deparhxres from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by an ICAC supervisor. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Februazy 1, 2007 Law Enforcement Sensitive 60 � ��/� � 4.4 Evidence Procedures 4.4.1 The storage, security, and destruction of invesrigative information shall be consistent with agency policy. Access to these files should be reshicted to authorized personnel. 4.4.2 The examination of computers and digital media shall be consistent with agency policy and procedure. 4.4.3 Child pomography is contraband and should be maintained pursuant to each agency's policies regarding such. It is recommended that absent a court order specifically ordering othenuise, evidence containing child pomography shall not be released to any defendant or representative thereof. 4.4.4 The transfer of evidence containing child pornography among law enforcement shall be done in a secure manner. Methods of transfer may include hand-delivery, transmission of digitally protected files, delivery via a service which tracks the shipment, or other methods consistenYwith agency policy and practices. 4.5 Workspace and Equipment 4.5.1 ICAC computers and softwaze shall be reserved far the exclusive use of agency designated ICAC personnel. When possible, undercover computers, softwaze, and online accounts shall be purchased covertly. No personally owned equipment shall be used in ICAC investigations and all soflwaze shall be properly acquired and licensed. 4.5.2 ICAC personnel shall not use ICAC computers, software or online accounts for personal use. 4.53 Absent exigent or unforeseen circumstances, all ICAC online invesfigations shall be conducted in govemment workspace as designated by the agency. Exceptions must be approved in advance by an ICAC supervisor. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY February l, 2007 Law Enforcement Sensirive ��� J j�� 7 5. Informa�ion Sharing 51 Conventional boundaries are virtually meaningless in the electronic world of the Intemet and the usual constraints of time, place, and distance lose their relevance. These factors increase the possibility of ICAC agencies targeting one another, investigating the same subject, or inadvertently disrupting an ongoing invesrigarion. To foster coordination, collaborarion, and communication, each ICAC agency must contribute basic case informarion to a common database. 5.2 Each ICAC agency shall contribute case information on all active investigations (local, interstate, reactive and proactive) to a common database as designated by the ICAC Working Group. This information should be submitted at the earliest practical opportunity. 53 If any common tazget is identified, the initiating ICAC agency is responsible for contacting the other law enforcement agency targeting the suspect. 5.4 Iniriating ICAC agencies should also consider contacting other local, state, and federal agencies which may be involved in similaz investigarions. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY February 1, 2007 Law Enforcement Sensitive b�'/"i �� 6. Victim Identification 6.1 Identifying child victims is a critical element of the ICAC Program. DO7 and O7JDP require all Task Forces to submit child victim images to the CVIP as a means to improve child vicrim identificarion. Absent exigent circumstaaces, child vicfim images will be sent to the CVII' consistent with NCMEC guidelines. In addirion, ICAC agencies aze encouraged to collaborate with NCMEC to identify children depicted in child pomography. 6_2 A focus ofthe ICAC Program is to protect children. In circumstances where reporting of child abuse is not required under existing laws, ICAC agencies aze strongly encouraged to report instances in which a child may be at risk for abuse or exploitation. 63 Absent exigent circumstances, victim identifying informarion should be protected from pubiic disclosure. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY February 1, 2007 Law Enforcement Sensitive Qg' ��Q � 7. Community Education and Crime Prevention 7.1 Prevention education acrivities aze a critical component of the OJJDP ICAC Program. ICAC agencies should foster awazeness and provide practical, relevant guidance to children, pazents, educators, librarians, and other individuals concemed about child safety issues. 72 Presentations to school staff, parents, and community goups aze excellent ways to promote awazeness. These presentations shall not depict identifiable victims, not otherwise in the public domain; nor shall they use pomographic or sexually explicit images. Presenters shall not discuss confidential investigative techniques. 7.3 No member of an ICAC Task Force may endorse any product or service without the express consent of an OJJDP Program Manager. While appearing at public presentations, ICAC members may indicate a preference for a product or service, but to avoid an implicit endorsement, such ICAC members should indicate adequate alternatives. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY February 1, 2007