08-453Council File #
Greep Sheet #
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3052170
RESOLUTION
CI Y Ok' SA�NT PAUL, MINNESOTA ��
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Presented By: � G,,lXl,t.� �C��
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1 I2ESOLVED, that the City of Saint Paul, Police Depariment, is authorized to enter into the attached amendment
2 to agreement #02-13320-I with the State of South Dakota, Office of the Attorney General, acting through it
3 Division of Criminal Investigations (DCn to dissolve their Multi-Agency Agreement (Intemet Crimes Against
4 Children Task Force) as of January 1, 2008. A copy of said agreement is to be kept on file and on record in
5 the Office of Financial Services.
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Requested by Department of:
Adopted by Council: Date� �. Jj�
Adoption Ce tified b ouncil Secretary:
BY� �,€�ll.l� ,�,%!%S��'
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Approved b yor Date: �/ ' ��� �
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Approve y or for S b g� 'ssion to Council:
By: ��/'��
Approval o by Fin ial Services:
ey:
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PD �—potice�ePamnenc ! 03APR-08 ; Green Sheet NO: 3052170
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' Contact Person & Phone: ; � �eDartmeM Sent To Person initialfDate �
� ChiefJOhnHarrington ! � �� 0 YdiceDeaaziment PoliceDeparhnent _
266-55$$ ; Assign i 1 PWiceDeoaz'�ent i PdiceDeparhnent ' '
Must Be on CounCil Agenda by (Date): ' Number 2 IC�tv Attoruev ' CiN Attornev � '��
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Routing � 3 �inanc�al Services D'¢ector, FSO ;_
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, DoaType: RESOWTION � Order � q Mavor'sOffice Mavor
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� E-DOCUment Requ�red: Y 5 ounc0 I CouncO I �,
, Document Contact: Evette Scarver I I 6 ity Clerk ! Ciry Clerk I j
I - Contact Phone: 266-5541 i I 7 Police Deaarhnent PoliceDeuazfinent I
Total # of Signature Pages �(Clip All Loeations for Signature)
Signatures on the at[ached council resoluUOn amending agreement #02-13320-I between the City of Saint Paul, Police Department,
and the State of 5outh Dakota, Office of the Attorney General, acting through its Division of Criminal Invesfigations (DCI).
Approve (A) or
Planning Commission
CIB Committee
Civil Service Commission
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Personal Service Contracts Must Answer the Following Question5:
1. Has ihis person/firtn ever worked under a contract for this tlepartment?
Yes No
2. Has ihis person/firtn ever been a city employee?
Yes No
3. Does this persoMfirm possess a skill not nortnally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The DCI will dissolve theu Multi-Agency agreement (Internet CrLnes Against Children
Police Department. Au[horization is needed.
Advantages If Approved:
Abiliry ro terminate their Mulfi-Agency agreemen[.
I DisadvanWges If Approved:
; None.
,-
Disadvantages if Not Approvetl:
Unable [o terminate their Multi-Agency agceement.
Transaction:
PunUing Source:
Financial Information:
, � (Explain)
Task Force) with the City of Saint Paul, I
I
Cost/Revenue Budgetetl:
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R�CEIV��
APR 2 2 204� �'.
Activity Number.
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April 9, 2008 11:05 AM
Page 1
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Matt
GS #: 3052170
The attached resolution would dissoive a muiti-agency agreement between the Police department
and the state of SD's Division of Criminal Investigation. This agreement had organized a task
force focusing on Internet Crimes Against Children. Federal funding for this task force has
expired so the parties involved wish to end this aa eement.
This proposal seems reasonable and I recommend signing.
Chris
4/28/0�
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Minnesota Internet Crimes Against Children Task Force
Amended Multi-Agency Agreement
This Amended Multi-Agency Law Enforcement Agreement, and amendmencs and
supplements thereto, (hereinafter "Agreement") is between the City of Saint Paul, acting throu�
its Police Department (Grantee) and State of South Dakota Office of Attomey General, acting
through its Division of Criminal Invesrigation, Piene, SD 57501 (DC�;
WhePeBS, the above subscribed parties on February 4, 2005 , joined together in a multi-agency
task force (St. Paul Contract #02-13320-� intended to investigate and prosecute crimes
committed against children and the criminal exploitation of children that is committed and/or
facilitated by ar through the use of computers, and to disrupt and dismantle organizations
engaging in such activity; and
Whereas, the Grantee is the recipient of a federal grant disbursed by the Office of Juvenile
Justice and Delinquency Prevention (OJJDP) in Washington, D.C. to form an Internet Crimes
Against Children (ICAC) Task Force to assist law enforcement in investigating and combating
the exploitation of children which occurs through the use of computers by providing fixnding for
equipment, training, and expenses, including travel and overtime funding, which are incurred by
law enforcement as a result of such investigations; and
WheYeas, the Grantee has used federal grant funds to provided the DCI with the following
items: --•
- 2 Gateway workstations (no monitors) for computer lab for UC investigations.
- Access Data ultimate toolkit.
DCI (4)
Rapiii CityPD (1)
Mitchell PD (1)
Brookings PD (1)
Watertown PD (1)
- AccessData Forensic Toolkit.
DCI (1)
- Camtasia studao and Snagit software (7licenses)
- Encase version 6 upgrade (4)
- Apple Airport Extreme (1)
- UltraBiock—IDE with Laptop adapter & SATA Kit (1}
- Vmware workstation v5 for Windows (1)
- Spandisk Softwaze for CD/DVD archival machine (1)
- Mac Tiger OSX V 10.4.6 Software (2)
- Windows VISTA Ultimate upgrade (2)
- U5B Forensic Memory Card Readers (1)
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- USB Travel Drive (7)
- Roxio Easy Media Creator 9 Deluxe Software (2)
- Ce1leBnte IJME36 Pro System (1)
- Smart Forensic Sofiwaze (I)
- Windows VISTA Buisness Software (3)
- Norton Partition Ma� c (2)
- Firewire 800 Card bus for laptops (2)
WheTOaS, the items are to be used for ICAC related investigations; and
Whereas, the State of South Dakota Office of Attorney General, acting through its
Division of Criminal Investigation, locate at Pierre, 5D 57501 (DCI) is the recipient of a f derzl
grant, disbursed by the Office of Juvenile 3ustice and Delinquency Prevention (OJ3DP) in
Washington, D.C., as of 7anuary 1, 2008, to form an internet Crimes Against Children (ICAC)
Task Force for the State of South Dakota, and
WheTeas, the grantee and DCI will be dissolving their Multi-Agency Agreement as of January
1, 2008.
Now Therefore, the parties agree as follows:
The Undersigned Law Enforcement Agency approves, authorizes, and enters into
this amended Muiti-Agency agreement with the purpose of transferring items
purchased by the Grantee with federal grant funds to the DCI.
The Grantee will relinquish all ownership of items provided to the DCI during the period
of the Multi-Agency Agreement; and
2. The DCI will retain possession of all items provided by the Grantee; and
The DCI will continue to use all items provided by the Grantee for the purpose of
investigating Intemet Crimes Against Children; and
4. The DCI will retain an inventory of all items provided by the Grantee and participate fully
in any 07JDP audits required of the Grantee or DCI; and
The Grantee and DCI will terminate all other responsibilities listed under this agreement.
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In Witness Whereof, the parties signify their a�eement by signatures affixed below:
SAINT PAUL POLICE DEPARTMENT
John M. Hamngton, Chief of Police
Date
SOUTH DAKOTA DIVISION OF CRIMINAL INVESTIGATION
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Ji lahakis, Director
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City Attorney
Date
Director, FSO Date
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INTERNET CRIlV�S AGAINST CHILDREN TASK FORCE
JOINT POWERS AGREEMENT
This 70int Powets Agreement, and atnendments and supplements thereto, ("AgreemenY'} is
between the City of Saint Paul, acting through its Police Department located at 367 Grove Street,
St Paul, NIN 55101 ("Grantee") and the State of South Dakota Office of Attorney General, acting
through its Division of Criminal Investigation,located at Rol Kebach Criminal Justice Training
Center, 3444 E Hwy 34, Piese, SD 57501-5070 ("DCP�;
Whereas, the Cttantee is empowered to enter into fhis Agreement pursuant to Minu. Stat.
§471.59, Subd. 10 & 12, and is further empowered ta erner into tYus Agreement by Ivlinn_ Stat.
§626.76; the DCI is empowered to enter into this Agreement pursuant to SDCL chs.l-24 and 23-
3;
Whereas, the Grantee is a recipient of a federal grant (attached to this Agreement as Exhibit A)
disbursed by the Office of 7uvenile Justice and Delinquency Prevention ("OJJDP'� in
Washington D.C. to assist law enforcement in investigating and combating the expioitarion of
children which occurs through the use of computers by providing funding for equipment,
training, and expenses, including travel and overtime funding, which are incurred by law
enforcement as a result of such invesrigations; and
Whereas, consistent with the terms of that federal grant, Grantee created the Minnesota Intemet
Crimes Against Children Task Force, and is one of 45 such task forces created nation wide. The
O7JDP Internet Crimes Against Children ("ICAC'� Board of Dizectors has been established
representing each of the existing ICAC Task Forces to oversee the operation of the federal grant
and sub-grant recipients; and
Whereas, currently the DCI is not eligible to be a recipient of a similaz grant or create a separate
task force that could participate with the other 45 task forces created pursuant to the federal grant
program; and
Whereas, the above parties have determined that it is mutually beneficial to have the parties
enter into this Agreement whereby the DCI can participate in Grantee's Internet Crimes Against
Chitdren Task Force to investigate and prosecute crimes committed against children and the
criminal exploitation of cluldren that is committed and/or facilitated by or through the use of
computers, and to disrupt and dismantle organizations engaging in such activity and
Whereas, the parties approve, authorize, and enter into this Joint Powers Agreement with the
purpose of implementing a three-pronged approach to combat Internet Crimes Against Children:
preventian, education and enforcement; and
3Vaw therefore, the parties agree as follows:
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1. In consideration of the Grantee's observance and performance of the covenants, terms and
condirions set forth herein, the DCI agrees to:
Urilize applicable state and federal laws to investigate and refer for prosecution criminal,
civii, and forfeiture actions against identified violators, as appropriate; and
Adhere to the OJJDP ICAC Task Force Program 5tandards, (attached to this Agreement
as E�ibit B), in addition to state and federal laws, when conducting undercover
operarions relative to ICAC; and
Adhere to the Minnesota ICAC Task Force Policy Statement (attached to this Agreement
as E�ibit C); and
Assign qualified personnel that aze certified law enforcement officers under South
Dakota law to participate in Minnesota ICAC Task Force law enforcement acrivities
within the jurisdiction of the State of South Dakota, ("AgenY') No Agent assigned under
trus Agreement will be engaged in law enforcement activities within the jurisdiction of
the State of Mimiesota; and
That when a Agent assigned by DCI acts on the behalf of the Minnesota ICAC Task
Force within the scope of this Agreement, the AgenYs actions aze withiu the officer's line
of duty and course of employment to the same extent as if the Agent had acted on behalf
of the DCI,; and
That when an assigned Agent is performing activiries for the Mimiesota ICAC Task
Force under this Agreement, such Agent shall remain an employee of the DCI, and the
DCI shali retain the exclusive responsibility for such Agent, including but not limited to
liability coverage, regular and overtime wages and saIaries, unemployment benefits,
worker's compensation coverage, health insurance and other employxnent benefits.
Submit all requests for undercover ICAC related operarions in writing to the Commander
of the Minnesota ICAC Task Force for presentation to the O7JDP ICAC Task Force
Boazd ofDirectors; and
Submit a written request for funds and receive approval for the funds from the Grantee
prior to receipt of any funds from the Grantee; and
Submit original receipts for reimbursement on all pre-approved requests; and
Maintain accurate records pertauiing to prevention, education, and enforcement acrivities,
to be coilected and forwazded monthly to the Minnesota ICAC Task Force Commander
or his desiglee for staristical reporting purposes; and
Participate fuily in any audits required by the OTJDP; and
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Make reasonabie good faith attempts to be represented at any scheduled regional
meetings in order to shaze inforniation and resowces amongst the multiple entities; and
Forwazd informarion relative to investigarive targets to the Child Pomography Pointer
System (CPPS} pursuant to the OJJDP guidelines and applicable South Dakota law ; and
Provide in a timely manner to the Minuesota FCAC Task Force Commander all
investigative equipment acquired through grant funding as a result of this Agreement in
the event that: fuhue federal funding is no longer available, the Agreement is tenninated
or this Agreement is materially breached.
2. In consideration of the DCPs observance and performance of the covenants, terms and
conditions set forth herein, the Grantee agrees to:
Include in federal grant fund requests to OJJDP money to be dispersed to DCI under
terms of this Agreement; and
Timely norify DCI of training oppomwities for Agents assigned to the Minnesota ICAC
Task Fozce and equipment that may be purchased under the grant; and
Timely notify DCI of the time and place of Miimesota ICAC Task Force meetings, and
any amendments or changes to the federal grant OJIDP ICAC Task Farce Program
Standards or Minnesota ICAC Task Force Policy Statement that may effect the terms and
condirions of this Agreement, including but not limited to Grantee's ability to provide
grant funds to DCI;
Assist DCI in performing Minnesota ICAC Task Force activities under this Agreement,
provided, however, no ICAC Task Farce SPPD officer or other ICAC Task Farce agency
peace or law enforcement officers will engage in law enforcement activites under the
authority of the Minnesota ICAC Task Force within the jurisdiction of the State of South
Dakota; and
Timely consider and respond to DCI's requests for grant funds, training and equipment to
support activities perFormed for the Minnesota ICAC Task Force; and
3. Each pariy will be solely responsible for the acrions of its officers, Agents and employees
under this Agreement. The parties agree that nothing in the Agreement shall be construed as an
indemnification by one party of the other for liabilities of a party to third persons for property
loss or damage or death or personal injury arising out of the performance of this Agreement.
Any IiabiIiries or claims for property loss or death or personal injury by a party or its Agents,
empioyees, contractors or assigns or by third persons, arising out of and during this Agreement
shall be determined accorciiag to applicable law.
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4. The parties fiuther agree that nothing in this Agreement sUall otherwise 1'unit the jurisdiction,
powers, and responsibilities normally possessed by the DCI or any DCI Agent. The parties
understand that there is nothing in this Agreement which prevents any Agent who is assigned to
the Minnesota ICAC Task Force when not acting hereunder, fram performing law enforcement
duties for the DCI.
5. This Agreement can be tenninated by either pariy for any reason by providing 30 days prior
written notice to the other party.
6. Noiwithstanding any other provision, this Agreement depends upon continued availability of
appropriated funds and expenditure authority from the South Dakota I.egislature. This
Agreement wiIl be term'vnated if the South Dakota Legislature fails to appropriate funds or grant
expenditure authority or if there is a lack of sufficient appropriated funds or lack of expencliture
authority available to DCI to perform its obligations under this Agreement, whether due to lack
of appropriations by the Legislahue or otherwise. DCI will provide written notice of ternunarion
to Grantee once the determination of funding insufficiency is made. Termination under this
provision does not constitute a default or give rise to any claim against the notifying party.
7. The Parties declaze that no specific enrity as contemplated in SDCL 1-24-4(2) is being created
to implement this Agreement, and that the cooperative undertaiflng herein described shali be
administered by Grantee through St Paut Chief of Police and by the DCI through the Director of
the Division of Cruninal Investigarion, or their authorized designees as contemplated in SDCL 1-
24-5.
8. All notices or other communicarion required under this Agreexnent shall be in writing and
sent to the address set forth above. Notices shall be given by and to the persons identified above,
or such authorized ziesignees as a party may from time to time designate in writing. Notices of
comxnunications to or between the parties shall be deemed to have been delivered when mailed
by first class mail or, if personaily delivered, when received by such party.
9. This Agreement may not be modified or aznended except in writing, which writing shall be
expressly identified as part of this Agreement, and which writing shall be signed by the official
representatives of the parties.
10. This Agreement and the covenants herein contained shali inure to the benefit of and be _
obligatory upon the legal representatives, Agents, employees, successors in interests and assigns
to the respective parties hereto.
11. In the event that any provision of this Agreement shall be held unenforceable or invalid by
any court of competent jurisdiction, such holding shali not invalidate or render unenforceable
any other provision herein.
12. All other prior discussions, communicarions and representations concerning the subject
matter of this Agreement are superseded by the terms of tlus Agreement, and except as
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specifically provided herein, this Agreement constitutes the eniare agteement with respect to the
subj ect matter hereof.
13. This Agreement is intended to only to govern the rights and interest of the parties named
herein, It is not intended to, does not and may not be relied upon to create any rights, substantial
or procedural, enforceable at law by any third party in any matters, civil or criminal.
14. This Agreement shall be effective upon signaiures of the parties.
15. Grantee and DCI each certify that it has abided by all iaws required of it to enter into this
Agreement and that the appropriate person(s) haue executed the Agreement on behalf of the
Grantee and DCI as required by applicable articles, laws, by-laws, resolutions, or ordinances.
IN WITNESS WHEREOF, the parties signify their agreexnent by signatures affixed below:
DEP
of
Police
Director of
of Financial Services
C� v s-4z2r
Date
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Date
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Date
SOUTH DAKOTA DIVISION OF CRINIINAL INVESTIGATION
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State of South Dakota