08-75coun�;, Fsie # D8-7�
Green S6eet # 3047371
Presented By:
Referred To:
Committee:Date:
1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached 7oint
2 Powers Agreement, which includes an indesnnification clause, with the City of Duluth acting through its Police
3 Department for participation in the Intemet Crimes Against Children Task Force. A copy of said agreement
4 is to be kept on file and on record in the Office of Financial Services.
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Requested by Department of:
A4Vll��iLL 4S \vV4llt.11� L0.lG• {�_� ��/�Jf�
Adoption Cer�t by Cp uncil Secretary:
BY� /6 l/fiiiiA�i�.iY .s�
Approved by ayor: a: �L4/ U 3
By:
RESOLUTION
PAUL, MINNESOTA �g
Sy:
Q.\RSCalAffai�s W O& CR\Cityof DuWthPDICAC, xls
Approved by Mayor for Submission to Council:
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� Green Sheet Green Sheet Green SMeet Green Sheet Green Sheet Green Sheet �
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� Departrnent/officelcouncil: , Date Initiated;
P p -Po,xe���f ;,�oEC-0 ' G reen Shee NO : 3047371
ConqCt Person & Phone: ; � � �paT��t Sent To Person InitiallDate
'� Chief dohn Hardngton , � 0 Potice De4artment Pdice Depazlment .
, 286-5588 ! p�� � 1 PoticeDeoarlment � PdiceDeparlment ,
, Must Be on Council Agenda by (Date): I Number , y '��ty Attornev C1N Atzoroev '___� i
For
' Routing 3 �tavor's Office Mayor � �
: Doa Type: RESOLUTION ' a�� �� q � oun�il Coana7� �
1
�—�- i� 5 'City Cletk City C{erk
� E-Document Required: Y � ' _ -_ ----- �
, �oCUmeM Contact: EveBe SCaNer j i 6 �Police Depai4uent _ ` Police Deparhnent _ ,
ContaCt Phone: 266-5541
Total # of Signature Pages _�__ (Clip All Locations Sor Signature)
�, Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the attached Joint
�, Powers Agreement with the City of Duluth acting [luough i[s Police Department.
ioavons: Npprove �H� or rs
Planning Commission
q6 Committee
Civfl Service Commission
Answer
t. Has this person/firm ever worketl untler a contract for this department?
Yes Np
2. Has tMs persoNfirtn ever been a ciry employee�
Yes No
3. �oes this person/firm possess a sWll �ot �ortnalfy possessed 6y any
current city empbyee?
Yes No
Expla7n all yes answere on separate sheet antl attach to green sheet
Ini[iating Problem, Issues, Opportunky (4Yho, What, When, Where, Why): �
The Ciry of Dulu[h Police Department wiLi participate in the Intemet Crimes Against Children (ICAC) Task Force of the Saint Paul �
I
Polica Department. 'i
%
Advantages If Approved:
Opportunity to use grant funds to parmership with the Ciry of Duluth Police Department.
Disadvantages If Approved:
None.
I
�
Disadvantsges If Not Approved: ;
Z,ost opportunity to use grant fimds and parh�ership witL the City of Sain[ Duluth Police Departrnent to combat Internet Crimes �
Against Childxen. !
Trensaction:
Funtling Source:
Finaacial lnformation:
{Explain)
CosURevenue Budgeted:
Activity Number:
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December 13, 2007 9:48 AM Page 1
Minnesota Internet Crimes Against Children Task Force
D��7�
Multi-Agency Law Enforcement Agreement
This Multi-Agency Law Enforcement Agreement and amendments and supplements
thereto (hereinafter "A�eemenY') is between the City of Saint Paul, acting through its Police
Department (hereina$er "Grantee") and the City of Duluth, acting through its Police Department
(hereinafter "Undersi�ed Law Enforcement Agenc}�'}, both which are empowered to enter into
joint powers a� pursuant to Minn. Stat. § 471.59, Subd. 10 & 12, and is further
empowered to enter into this Agreement pursuant to Minn. Stat. § 626.76.
Whereas, the above subscribed parties have joined together in a multi-agency task force
intended to investigate and prosecute crimes committed againsC children and the criminal
exploitation of children that are committed and/or facilitated by or through the use of computers,
and to disrupt and dismantle organizations 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 Agreeinent as
Exhibit A) disbursed by the Office of Juvenile Justice and Delinquency Prevention (hereinafter
"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 enforcement as a result of such investigations; and
Whereas, the OJJDP Internet Crimes Against Children (hereinafter "ICAC") Board of
Directars has been established representing each of the existing ICAC Task Farces to oversee the
operation of the grant and sub-grant recipients.
Now Therefore, the parties agree as follows:
1. The Undersi�ed Law Enforcement Agency approves, authorizes, and enters into
this Memorandum of Understanding with the purpose of implementing a three-pronged approach
to combat Tnternet Crimes Against Children: prevention, education and enforcement; and
2. The Undersi�ed Law Enforcement Agency shall adhere to the 077DP ICAC
Task Force Prog�am Standards, in addition to state and federal laws, when conducting
undercover operations relative to ICAC; and
3_ The Undersigned Law Enforcement Agency shall adhere to the Minnesota ICAC
Task Force Policy Statement (attached to this Agreenient as Exhibit B); and
4. All officers contributed by the Undersi�ed Law Enforcement Agency to the
Minnesota ICAC Task Force shall be Iicensed peace officers or found by the Minnesota Board of
Peace Officer Standards and Training to have comparable qualificarions; and
ATTY565
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5. When a contributed officer of the Undersi�ed Law Enforcement Agency acts on
the behalf of the Minnesota ICAC Task Force within the scope of trus A�eement, the officer's
acrions 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
hannless 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 Bnforcement Agency's officerlsf; and
7. All members of the Undersigned Law Enforcement Agency shall continue to be
employed by the same Law Enforcement Agency employer which they were employed before
joining the Minnesota ICAC Task Force and all services, duties, acts or omissions performed by
the member will be within the course and duty of that employxnent, and therefore, are covered by
the Workers Compensation programs of that employer; will be paid by that employer and
entitled to that employer's fringe benefits; and
8. The Undersigned Law Enforcement Agency shall submit all requests for
undercover ICAC related operations in writing to the Commander of the Minnesota ICAC Task
Farce for presentation to the OJJDP ICAC Task Force Board of Directoxs; and
9. The Undersigned Law Enforcement Agency must first submit a written request
for funds and receive approval for the funds from the Crrantee to receive any funds &om the
Grantee; and
10. The Undersigned Law Enforcement Agency must supply original receipts to be
reimbursed on pre-approved requests; and
ll. 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
12. The Undersigned Law Enforcement Agency shall participate fully in any audits
required by the OJ7DP; and
13. The Undersigned Law Enforcement Agency sha11 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
14. The Undersigned Law Enforcement Agency sha11 be solely responsible for
forwarding information relative to investigative targets to the Child Pornography Pointer System
(hereinafter CPPS) pursuant to the OJJAP guidelines; and
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15. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC
Task Force Commander in a timely manner all investigative equipment acquired tt�rough gant
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 Mittnesota ICAC Task
Force and the Saint Paul Police Department, or the Agency breaches the A�eement.
Terms of this agreement:
This agreement shall be effective upon signatures. Nothing in this agreement shall
otherwise linnit the jurisdiction, powers, and responsibilities normally possessed by an employee
as a member of the Agency.
�``
\� r I
John M. Harrington, Chief d,f Police ,-
Saint Paul Police Department
Assistant St. Paul City Attorney
Director of Office ofFinancial Services
�...___---__--_.—__ ��
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Mayor
City
as to
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Agency certifies that the appropria e person(s) have executed the Agreement on behalf of the
Agency and its jurisdictional gove ent entity as required by applicable articles, laws,
by-laws, resolutions, or ordinances.
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CERTIFIED COPY OF RESOLIITION OF THE CITY COIINCSL OF THE CITY OF DIILIITH, M2NNESOTA
RESOLUTION 07-0650 ADOPTED: OCTOBER 9, 2007
BY COUNCILOR LITTLE:
RESOLVED, that the proper city officers are authorized co enter into a mutual aid
agreement among various law enforcement agencies of northeastern Minnesota and pursuant
to Minnesota Statutes Section 471.59, said agreement to be substantially in the form
of Public Document No. 07-1009-22 on file in the office of the city clerk.
Resolution 07-0650 was unanimously adopted.
Approved October 9, 2007
HERB W. BERGSON, Mayor
I, JEFFREY J. COX, city clerk o£ the city of Duluth, Minnesota, do hereby certi£y
that I have compared the £osegoing iesolution passed by the city council on the ninth
day of Octobes, 2007, wi.th the original in my custody as city clexk of said city, and
that the same is a true and cosrect transcript the=ef=om.
IDT WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal
of said city of Duluth, this 12th day of October, 2007.
JEF � . CO3L
Clerk
ASStS'taiat
CIT F DIILDTH, MINNESOTA
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