09-185Council File # �°J- fQC
3065838
Presented
RESOLUTION
OF SAINT PAUL, MINNESOTA �Q
1 RESOLVED, that the City of Saint Paul, Police Deparhnent, is autUonzed to enter into the attached Joint Powers Agreement
2 which has an indemnification clause, with the Aouston County SherifPs Office acting through its Houston County for
3 participation in the Intemet Crimes Against Children Task Force. A copy of said ageement is to be kept on file and on record in
4 the Office of Financial Services.
Requested byl�epartsnento£
By:
Approved
By:
Approv�d
By:
Adopted by Council: Date �//���� Approved b� ayo for
Adoption Certif�ied b�y Commc� Secretary By:
BY� // /�Jt ir� r i,(�6�� /
Appzoved b j� �yo : te �Z-/ J`�
By: ��il/ ��(,Z�-�/l.i—��—�—
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
! DepartmenVOffice/Council: � I Date inRiated: ;
',, Pp _POlice Department ' 09-JANA9
� ,
l �I-��L
Green Sheet NO: 3065838
Recommendations� Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Houston County Sheriffs Office will participate in the Intemet Crimes Against Children (ICAC) Task Force of the Saint Paul
Police Deparhnent. Authorizafion is needed to enter into the attached agreement.
Advantages If Approved:
Opportunity to use grant funds to partnership with the Houston County Sheriff s Office to combat internet crimes against cluldren.
Disadvantages If Approved:
None.
j Disadvantages If Not Approved:
; Lost opportunity to use grants funds to partnership with the Houston County Sherif£s Office to combat internet crimes against
i children.
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—_�
ToWI Amount of
Transaction: CosURevenue Budgeted: � �p
Funding Source: 436 Activity Number. 34056 U
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Financial Information:
(Explain)
_� i.''.: .. '��:; i�.
Personal Service Contracts Mus1 Answer the Following Questions:
1. Has this personlfirtn ever worked under a contract for this department?
Yes No
2. Has this person/frm ever been a city employee?
Yes No
3. Does this person/firm 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.
January 9, 2009 11:20 AM Page 1
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j Powers Agreement with the Houston County Sheriff s Office acting through its Houston Counry.
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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 Houston Countv Sheriff's Office 304 S Marshall St Caledoni MN
55921 acting through its Houston Countv (heremafter "Undersigned Law Enforcement
Agency") both which are 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. § 626.7fi; 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
WheYea5, the undersigned agencies agree to utilize applicable state and federal laws to
prosecute criminal, civil, and forfeiture actions against idenrified 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 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 far equipment,
training, and expenses, including travel and overtime funding, which are incurred by law
enforcement as a resuit 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 foilows:
The Undersigned Law Enforcement Agency approves, authorizes, and enters into
this Memorandum of Understanding with the purpose of implemenring a tlu�ee-
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
09�1�5�
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 Force and all
services, duties, acts or omissions performed by the member will be within
the course and dury 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 far 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
69-/85'
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. The Undersigned Law Enforcement Agency shall participate fully in any
audits required by the OJJDP; and
1 l. 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 muitiple entities; and
12. The Undersigned Law Enforcement 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 Force Commander in a timely manner all investigative
equipment acquired through grant funding as a resuit 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.
D�� I��
Terms of this agreement:
This agreement shall be effective 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. Harrington, Chief of Police ,
Saint Paul Police De,pattm
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Assistant St. Paul City Attomay
Director of O' ce of-�inancial Services
Bv and Title
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Date
A�ency certifies that the aronropriate person(s]
have executed the Agreement on behalf of the
A�encv and its iurisdictional Qovernment entitv
as reauired bv applicable articles laws
by-laws, resolutions or ordinances
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Office of the Assisrant A�wmey General w�oshm�io�, D C?0537
September 26. 2007
Chief Sohn M. F{arringto��
City of SaiN Panl
IS West Kellogg Bouleva�d
St. Pa�d, [vir 55102
Dear Ch�ef 4iarrington:
On behal(of [he Attorney General, it is my pleasure [o mform you that the Office of Iusnce Programs has approved your
application for fundmg under [he OJJDP FY 07 Building ICAC Forensic Capacity m the amount of $20Q000 for City of Samt
Paul
Enclosed you will find tn, Grant Award and Special Condrtwns documen[s. This award is sub�ect to all administra[ive and
finanmat requiiements, in��ludmg the t�mely submission of alI financial and pwgrammahc reports, resolution of all intenm
audit find�ngs, and tlie m: �ntenance of a miiumum l evel of cashroo-ha�d Should yon not adhere to these requirements, you
wdl be m v�olaUOn oC dic lerms of lhis agreement and tho awerd will be subjec[ m terminatmn for cause or o[her admmistrative
action as appropriate
Ifyou have questions regardmg this award, please contact
Arogram QuESUOns, 7acquel�ne O'Reilly, Progra�n Manager at (202) 514-5024, and
Fina�cial Queslions, the O�ee of the Comp[inller, Customer Serv�ce Center (CSC) at
(800) 458-0786, or you may contact [he CSC at ask oc@usdoj.gov.
CongratulaUons, a�id we look forward to workmg with you.
Sincerely.
�`'� ,. -t"-'l�'f'�'...''r"
�`�
Regma B Schofield
Ass�s[ant Attorncy Gcna:;
Enclosures
b q��6�
l��� �'� Depaztment nf Jusfice
;, :;�`-� ,- Office of Justice Progams
�_�_ , ,_ Office for Civi1 Rights
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September 26, 2007
ChiefJohn M Harnn_ton
Gty of Saint Paul
IS Wes[ Kellogg Boule�ard
St Paul, Mv 55102
Dear Ch�ef Harrington:
Congra[ulations on your � ecent eward. In establishing Fnanaal assistance programs. Congress Iinked the reeeipt
of Federal fmiding to co°�phance wi[h Federnl civJ nghts laws The Office for Crvil R�ghts (OCR), Office of
Iustice Programs (OJP). ii S Dcpartment of Just�ce is responsible for ensuring [hat reciaients of financial aid Rom
OSP, its component off� cs and burcaus, [he Office on Violencc Aga�nst Women (OV W). and [he O(fice of
Commumty Onented Policing Services (COPS) comply wrth applieabte Federal civil righ[s statutes and
regulations We at OCR nre available to help you and your organization meetthe civd rights requirements that
come with Jusnce Dcpaninen[ ivndmg.
Ensnring Access to Federally Assis[ed Programs
As you knom�, Federai Iac+s prohibit recipieots of financial assistance from drscrimmating on the basis of race,
cobr, nanonal o�igin, relig�on, scx, or disabdity in funded programs or activities, not only in respect to
employment practices bul also in the deirvery of services or bcnefits. Federal law also prohibits funded programs
or activihes from d�scrmuna[ing on the bas�s oP age m the de7ivery oC services orbenefits.
Providiug Senlces to Limifed English Proflciency (LEP) Individuals
In accordance �oith Dep: � imen[ ofJustice Guidnnce pemining to T�tle VI oFthe Crvil R�ghts Act of 196�, 42
U S.C. ¢ 2000d, recipiems of Federal fnanc�al ass�slance must take reasonable steps to provide meani�g9ul access
to their programs and ac�ivitic.a For persons wrth hmrted English profic�eney (LEP) For more mformation on the
crvil rights responsibihiic�s that reapients have m provid�ng language services w LEP individuals, please see the
website at http;//www Ic{� gov.
�nsuring Equal Treahnen[ tor Faith-Sased Organiza6ons
7he Depar[ment ofJustice has published a regulanon specifically perta�mng to the funding of faith-based
o�ganrrations. 1�� genarai, tl�e �egula[ioo. Pamcipation in Jusnce Department Programs by Religrous
Organizntions, Providing for F,qual Treatment of ail Jusnce Department Program Participants, and known as the
Equal Treatinent Reeulaoon 28 C F R psrt 38, reqmres State Adminis[armg Agencies to heat these orgamzations
H�e same as any othei apphcant or recipient. The regulahon proh�brts Stale Admimstering Agencies from making
award or grant adininis�����ion du�sions oi� the bas�s of an orgznizahon's �eligrous charac[er or afPl�ation,
religious ��ame. or the rei gious compos�UOn of its board of directors.
ihe regulalion a�so proh•bits laith-based organ��ntions from using Fnanc�al assistance fwm [he Department of
Iustice Eo fund mhcrentiv religious actrvines. While faith-based organizaCions can engage in nomfunded
mherently religious acn � rties, they must be hcLd sepacately from tha �epazdnent of Iust�ce funded program, and
customers or beneGaane> eannot be compelled to paetimpate in them. The Fqual Treatment Regulat�on also
makes dear that orgnnvahons pareicipatmg u� programs fi�nded by the Department ofJusbce ace not permitted to
discnmiriate in the pcovis�ori of seiVices on tl�e basis of a beneficiary's religion For more mfomiation on the
rcgulation, please sec OCR's wcbsite at ht[p://www.o�p usdo7 gov/ocr/etfbo.htm.
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State Adininisterin� ,1ec; ;;ies and faith-based orga�»za[ions should also note that tqe Safe S�reets Aet, as
amended: the V�et�mti o�'- nine Act, as amended: and the luvenile Jus[ice and Delinquency Prevention Act, as
amended, contain proiu�nnons a�Amst A�scrimma�ion on the basis of religion in employment These employment
provisions ha�e becn sp:,.ficzllv incorporated into 28 CF.R. Pan 38 I(� and 382(�. Consequently, in many
arcum5[anms, it uould'ne impermicsibie for fmth-based organvations seeking or recervine funding authorized by
[hese statutes to ha��c poh.=iac or practices that condition Niring and other employment-related decisrons on the
reh��on of appLcants or:mplovees. Programs subject ro[hese nondiscnminanon provisions may be Pound on
OCR's website at htrn�u��«�v.ojp usdoj gov/ocd. Quesiio��s about the regulation or the stamtes that proh�brt
discnminat�on in emplo) n:en[ may be diruted fo this Office.
Enforcing Cioil Rights 1 a�ss
AI I recipien[s of Federal flnane�al ass�stanee, regardless of the particular tunding sowce, the amount of the gant
award, or Uic numbcr of r�nployees m the workforce, are subject to the prohibihons agains[ unlawful
discnmination Accoidu�,iy.00Rmvesngatesrecipienutha[aretLiesub]ectoPduCrimmationcomplain[s&om
both indrnduvls and <�roi�.,s In addroon, based on re�ul, tory critena.00R sclects a number of recipients eacli year
for compl�ance �evicws. aud�ts that rcyuire reapicnts m submit datn showmg rhat they are providing services
equitably to alI iegmenR� of theic secvice pepidation and Uzac theii employmeot pcactiees mee[ equal employment
opportun�ty stanAa�ds
Complying �vith the Saie Streets 4et or Program Requirements
In addibon to these �enci al proiubitmns, an organiration which is a reapient of financial assistance sob�ut to the
nondisec+annation pcov�sions of e'ne Ommbus Cnme Conirol and Snfe Streets Aet {Safe Streets Aet) of 1968, 42
U.S C. § 3789d(c), or o0�cr Fedeial grant program requiremems, must meet hvo addrtional requirements (I )
co�nplying Nith Fcilnal i�gulauons pertainmg fo [he developme�t of an Equal Employment Opportunity Plan
(F.EOP), 2R CF.R � 42 `�I-30S, and (?) submrteing to OCR Fmdings of D�scrimittatron (see 28 C F.R §§
42 205(5) or 31 202(5p
i) �'lee[inF� the EF.OP Reqairement
In acco�dance wit6 Fe4c�-�i regulntions, Asswtmce No. 6 in the Standard Assurances, COPS Assurance No 8 B, or
cenam Fedci�t grant pro?7 nm reqmremenis, your o*gamzation must comply with the following EEOP reporting
requ�rements
If your orgamzanon has �ceci�ed an award for $500,060 or more and has 50 oe more empVoyees (counting both
full- and part-t�me emplo�ees buL exeluding political appointees), then rt has to prepare an EEOP and submit it to
OCR for review wiChin 60 days 1'rom Ihe da[e of this letter For assistance in developing an E60P, please
consnit OCR's websne ai �ittp�!lwwv, ojp.usdoj govlocdeeop.hmi You may also request techmeai assistance from
an P_EOP spemalist nt O� R by di2hng (202) 616-3208.
If your oigamzallon eecca� ed an award between $25,000 end $SOQ000 and has 50 or more employee5, your
organi�n0on still has �o �:epare an F50P, but it does not have to submit [he EEOP to OCR for review Instead,
your organvzuun has to �°�amtain thn EFOP on filz aod make it ava�lable for review on request In addition, your
o*gani�znun hxs to wri�. '�te Section R oCihe Certificanmi Fomi and rewrn rt ro OCR The Cert�fica[ion Form can
be lound at http�/hvww �� � usdoi oov/oa/eoop htm
IP your organnation rec, � uf an uward foi Icss than S25 000: or i�your orgunization has less than 50 employees,
rega�dless ol thc ameunl oC�he award, or �f your organization is a medical mstitunon, educational mahfuhon,
nonproft or�anization o [ndian tribe, then yow organi�auon is cxanpt from the EEOP requircment. However,
your organ��ation nnis, ecmpicta Seebon A of 6ie Certification Form and return rt to OCR The CerLihcahon Form
can be foundechttp.�wv h.o�p usdo�.gov/ocAeeop.htm.
2) Sabmt(r:ng Pindi�igs ofDiscrimination
In the evenf a Federal or �'ate coivt or Federal or State administranve agency makes an adverse finding of
disaimmat�on agAinsi yor� organizabon after a due process heazing, on the ground of race, color, rehgion, national
ongfn, a� scx, your o�ga; �, ution inust submrt u copy of the finding ta OCR for review
6 q�16�
Ensuring the Compfiancr of Subrecipicnts
Ifyour organiza�ion makn cubawards m other egenaes, you are ruponsible for assuring tfiat subrecipients also
comply �� ith all of the ap^'icable Federal ci� il riehts laus. includmg the requirements pertamino ro developmg
and submitnn� an FF.OP .epomnn Findings of Discrimination. and pmviding lan�uageservices to LEP persons
State agencies 8iat m�4: ��ba.�ards must have m place s[andard grant assurances and review procedures to
demonstrnte that they ere :�;ectn�aly moniroring the avJ :ighrs compliance of subrecipients.
lfwecanassis[you:na�� �mayinfulfillin�yourciviinghtsrespons�bilrtiesasarecipientofFederalfunding,
please call OCR at (202 i=��7-0690 or v�sit our website a� http.'/www.ojp usdoj gov/ocr/.
S�ncerely.
�'^� a G�-
Michael L Alston
Director
cc Qrant T1ant�ge�
Financial Analyst
Dcpa c� �^nt of Jusc�ce
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a .4\4ARU \�UMBER� 2005 �NC-CX-KOOS �
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i PAOJECTPERIOD EROM 01/OIi?OOS TO Lr31i2009 (
BUDGETPERIOD PROM O1101�?005 TO I2/3LR009 �
R AWARDD47E 09?6200] "/ 4CTION ��
R SUPPLbMENTNUMBER Supplcmcntal I
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� 9PBEVIOI�SAWARllAMOUNT 5950,000
3 PRO1E,� I TI9LE IU AMOUVTOFTHISAWARD 5200,000
i MmnesowCUmpuwri'umna�tt4fa�i,�r .mniinn�nmc
II TOTALAWARD SI,I50,000
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ON THF. A7�ACHLD PnGE(�J
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' cffc�t on Scpi I0,?OOG (FY 2p0] "N � nc Di.ucoonary"1
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Cooperative Agreement
PAGE 2 OF 3
PRO!ECTVUMBER ?005-�I(-(X�h00S AttqRDDATF, 09R6200] f
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SPECIAL CONDIT70US
, 1. The recipient .ig:ca to comply with the financial and admmistrative reqwrements set forth in the current ediuon of the
OCfiee of k�stice Progcams (O1P) Finanetal Gwde.
2. The remp�ent ackno�vled�es tliat FaJure to submit an accepfable Equal Employment Opportuoity Ptan (if recipient is
reqmred to s�bi* t aic pursuant to 28 C F.R Secnon 42302). tha[ is approved by the Office for Civil R�ghts, is a
violation of rt� Ce-tified Assurances and may result m suspens�on or terminat�on of fundmg until Such time as the
recipmnt �s in compliance
: 3 The iecipien[ agi^ca to comply with the organ¢ational audit reqwremen[s of OMB Ciroular A-133, Audits ofStates,
Local Govemmcnts. and Non-Proiit Organizalions, as (urther descnbed �n [he current edit�on oEthe OJP Fioancia7
' Gwde, Chapir 19
�� 4. Redpient undcn:mids and agrees that ii cannot use any federal fimds, e�Hier dvectly or indirectly, m support of the
' enacunent, �cPCal_ modification or aAoption o(any law, regulation or pohcy, at any level of govemmen[, withou[ the
, express pnor :�nt.,;n approeal of OIP.
I 5. 1'he applican� budgct is pendmg review or approval. The recipien[ may not obliga[e, expend or dnw down any gran[
funds un[il the OiTice of the Compnolier, Office of Jushee P��ograms has �ssued elearanee of the apphcation budget, and
, a Giunt Ad�ir. ��se�,[ A'oiice hvs been issued re�nov�ng this special condition.
� 6. The Pro�ect T7�re� n-� and key p�ogram personnel designated in the appliea[ion shall be replaeed oniy for compel6ng
, reasons and �. ��h ��z cmrourrence of OJP. OlP w�ll not unreasonably wi[hhoid eoncuerenca All succeasors [o key
, personncl �nus: b: approved, nnd such approval is co�tingent upon subm�ssion oCappropriate mforma[ion, �ncluding,
bu[ not limitcd !q u rcsamc Changcs in other program personnel require only notiflcation to O7P and submission of
� resumes. imla;s otlierwise du�gnaLed m the award Aocument
� 7 The recipient agr: _:, to submit quarterly financial s[atus reports to Phe Office of Jushce Programs u5ing Standard Fonn
' 5F 269A on O�c Intc:net at httpsJ/gran[s.ojp.usdoj.gov These reports shall be submitted on-line not later than 45 days
� aller Ihe end cf �..cii calenda� quarter The final report shall be submitted not later than 90 days following [he e�d of
� Ehc aranl pencd
� 8. Thcrccipicnt;hal�subm�tsemiannualprogressreports Progre5sreportsshall6esubmittedwithin30daysaftartheend
, of ihe repoitm� pci �oe3s, mhich are June 30 and December 31, for ihe IiPe of the award These repoRS wdi be submitted
to the Officc of lu� i�ce Progr2ms, on Iine-chrough tiie Internet at https //grants.ojp usdo� gov/.
' 9. Approval of thi,:..... ard does not iod�cate approvai of any conaultant rate in excess of 5450 per day. A de[a�led
', �ustifcutron mosr be submrt[ed to and approved by the Offica oCJustieePmgrams (O1P) program o�ce priorto
i uS�ioa;io�ti m cxpcndiR�ce oEsuch Cunds
�� 10. The reeipieot agrces to comply wrth Ihe ICAC Task Force Pmgran� Standards as estsbLshed by the ICAC Task Force
�, Advisory Boaid:.i�<i app^oved by 011DP.
i L The ruipient aar„c., to forward reports of ICACTask Foroe Program Monthly Perfoimance Measu�es to the 03JDP-
designatuisuc
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Cooperative Agreement
PAGE 3 OF 3 i
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PROIECI �'UAIBLR 200�-ti` i '_ KnnS
AlY4RDD.VE 09,26R009
SPECIAL CO,'�DIT70A5
12 The Office oC lu�ende lusl�ce and Dehnquency Prevenhon has elected to enter into a Cooperative Agreement rather
than a grant witb (6e �ccip�ent This decision reFlects the mutual in[erest of the recipient and OIJDP in the operation of
the project as a cii as [he anticipated Icve) of Federal iirvolvement m lhis pro7ect. OUDP's partic�patory role in the
prqect is as lo'I_ ,
a Reviav and xpp: �ve m2jor work plans, including changes to such plans, and key deeisions pertaming to pro�eet
opera[ions
b Revicw and appi ove ma�or project geocrated documents and materials used m ihe provision of project services.
Pmvide gwdancc �a s��niEcanc pcoject plamiino niwtmgs, and participate in pro�ect sponsored traimng events or
conferences
OlP FORM 4000f2 fkLV 48N�
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- Department of Justice
- = Office of Justice Programs
,- OJfrce oJJuce�iile Justice and De7inquency Prevention
«<�dn.,,io.,. D c_ �nsv
i�lemorandum To: <��I � ial Grant File
From: t�atli� �irasso, Nepa Coordmator
Subjech Cal ,�orical Exclusion for City of Saint Paul
Tl�e recipient a�rees Pn r-��a,t 03J DP to comply wrth the Natioi�al Bnvixonmental Policy Act (NEPA) and
odier rclated fedcral cn� - rnlmeutat impact aualyses requiremcnts in the usc of these grant funds either
directly by fhe recipic��-t �� by a subrecipieut. Accordingly, priot to obligating grant funds, the grantee
agrees to first dctatmi•�c .Ixiiy of the following activities will bc related to the use of the grant funds and,
if sq to advise OJJD� a�.,i reyucst fmther N4;PA implementation guidance. Recipient undeistands that
diis special condit�on ap��hcs to its activ�ties whether or not they are being specifically funded with ttiese
grant fimds That is, ��; Ioi;g as the activity is being conducYed by the cecipient, a subrecipiant, ox any
Hurd party and the activi!v nceds to be uiidertaken in order to use these grant funds, this special condition
must fi�st be met Th� ��tivities covered by this special condihon are�. a. new construchon; b. mil�oc
zenova[ion or remodu;:n� of a property cither, (1) listed on or eligible for lishng on tt�e National Register
of Historic Places or; (2) located witivn a 100-yeaz flood plam; c. a renovation, lease, or any other
proposed use of a bui!ding or faciliry thal will either; ( I) result in a change in its basic prior use or; (2)
signifi�antly cl�ange it5 ,� �� and: d. Implcmeutation of a new program involving the use of chemica(s
otller U1an chemieals tha� �re; (i) purchased as an incidental eomponentofa funded aetiviry and;
(2)tradihonaily used, foi : vample, in office, household, cecreational, or education.
��
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GR1NT .NIAtiAGER'S ME�IORANDUM, PT. I: '
PROJECT SU�I.NIARY
Cooperative Agreement
PROJ tC T A USiBLR
200� .�lC-CX-KOOS
PAGE 1 OF 1
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Ihe ICAC pm¢min is a n: tionel nciwork of mvl[o-aeenry, multyur�sdmnonal task fnrces enaa�ed inproactive inveshgahoos, foceosic
exdmmabu�ti,andt0�xa ���o�ecutrons AddWOnally,fhetaekfomespmvidefinerts�c,p�evention,a�d�nveshgationassistence[opa�enis,
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LAW ENFORCEMENT SENSITIVE
j�.���/
bl�l`b�
Internet Crlmes Against
Children I'rogram
� ' � • � .
�
�bND
Il�VESTIGATIVE
=� • ;; .� . � )
IC'ACProgram Operational ancllnvestigative Standards
FOR LAW ENFORC'EN�ENT PURPOSES ONLY
Page 1 of 15
LAW ENFORCEMENT SENSITIVE D�'I��
Definitions
As used herein, the following definitions shall apply:
"OJJDP" is the Office of �uvenile Justice and Delinquency Prevention.
"NCMEC" is the National Center for Missing and Exploited Children.
"CEOS" is t'�e Child Exploitation and Obscenity Section of the Criminal Division of the
Department of'Justice.
"ICAC" is the Internet Crimes Against Children prograin composed of Task Forces and
Affiliates.
"TASK FORCF' is defi�necl as an ICAC law enforcement agency designated by OJJDP to
act as a State and/or Regional Task Force.
"AFFILIATE" is defined as a law enforcement agency that is working in paztnership with
a Task Fcrce �7d has a�need in writing to adhere to ICAC Operational and Invesfigative
Standards.
"PARTNF.R" is defined as an agency ass�sting a Task Force absent a written ageement.
"NATIONAL INITIATIVE" is defined as any investigative proposal that relies on the
cooperation cu�d resources of all Task Forces or mandates action by OJJDP.
"CVIP" zs the Child Victim Identi5cation Program operated by the National Center for
Missing & Exploited Children.
"CYBERTIE'LINE" is a reporting mechanism for cases of online child sexual
exploitation and enticement operated by the National Center for Missing & Exploited
Chi Idren.
For the purposes of this program, crime is defired as any offense that involves the
explQitatic�n of children facilitated by technolo�y.
Investigative• inter�est is established when there is reasonable suspicion that a screen name
or other poten+.ially identifiable entity has committed a crime ar that entity 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 ofpre-operative planning.
ICAC Program Operational and Investigative Standards
FO➢2 Lfti�� ENF�RCEMENT PUItPOSES ONLY
Page 2 of 15
LA'�V ENFORCEMENT SENSITIVE p9'����
A reactitie investigcttion involves the investigation of a complaint of a crime.
Reasonable suspicion is established when sufficient facts exist to lead a law enforcement
officer to bclieve that an individual or organization is involved in a definable criminal
activity.
ICAC Program Operational and Investigative Standards
�OIZ LAW ENFORCEMENT PURPOSES ONLY
Page 3 of 15
LAW ENFORCEMENT SENSITIVE p�� ���/
1. Oversight
11 Each ICAC agency shall have supervisory systems and procedures, which shall
provide for observation, documentafion, and periodic review of ICAC activity.
Such system should comply with the principles of quality case management and
ensure that ICAC acfivities comply with both agency and ICAC Standards.
1.2 Task roroes shall submit all propcsec national initiatives to O7JDP prior to project
initiation.
1.3 OJJDP may suggest amendments to the original proposal following consultation with
the presenting Task Force and other federal, state, and local entities.
ICAC Program Operational and Investigative Standards
�'OR LAW ENFOY2CEMENT PURPOSES ONLY
Page 4 of 15
LAW ENFORCEMENT SENSITIVE G�.��,�
2. Selection and Retention of ICAC Task Rorce Personnel
2.1 Managers and supervisors should evaluafe prospective ICAC candidates for work
history that indicates prior investigative experience, court testimony skills, abiliry
to handle sensitive information prudently, and a genuine interest in the protection
of children.
2.2 Given the gaphic nature of evidence routinely encountered in ICAC related
cases, the rrieutal health of investigators working such cases is a�eat concern.
Task force supervisors at all levels are encouraged to make reasonable efforts to
ensure tIiat a�; assigned ofiicers remain fit for duty in accardance with applicable
departmental policies and procedures.
ICAC Program Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 5 of I S
LAW ENFORCEMENT SENSITIVE ��,�C�Y
3. Trai�aing
31 Ai Investigators wil] be supplied with appropriate training consistent with the
ICAC Operationat and Investigative Standards.
3.2 ICAC Task Force Commanders are responsible for ensuring that the individuais
nominated for ICAC sponsored training are employed by agencies that have
agreed in �Nriting to adhere to the ICAC standards of investigation and that
any prereau�site requiremeats for the training session have been met.
3.3 tCAC ias< forces may give regional training. The training shall comply with
current ICAC standards. Any subsequent support required as a result of the
regional ttaEning shall be the responsibility of the task force providing the
training.
ICACPrograrn Operational and Investigative Standards
�OR LAW ENFORCEMENT PURPOSES ONLY
Page 6 of I S
LAW ENFORCEMENT SENSITIVE � ��
, �� �
4. Case I�anagement
4.1 Case Preaicafion and Prioritizafion
4.1.1 Cases may be initiated by referrals from the CyberTipline, Internet service
providers or other law enforcement agencies, and by information gathered
through sab�ect interviews, documented public sources, direct observations of
suspicious behavior, public complaints, or by any other source acceptable under
agency policies.
4.1.2 iCAC super�isors are responsible for determining invesrigative priorities and
selecting cases for investigation. Assuming the information is deemed credible,
that detenni�iaticn should begin with an assessment of victim risk and then
consider other factors such as jurisdiction and known offender behavioral
characteri;iics. The following prioritization scale shall be considered:
aj .4 child is at immediate risk of victimization
bl A child is vulnerable to victimization by a known offender
c) A known suspect is aggressivety soliciting a chi]d(ren)
d) Manufacturers, distributors or possessors of images that appear to be home
ph�?��raphy with domiciled children
e) ?,�b - essive, high-volume child pomography manufactw or distributors who
ei�:iet are commerciaJ distrihutors, repeat offenders, or specialize in sadistic
images
f} ivianufacturers, distributors and solicitors involved in high-volume trafficking
or �e?ong t� an organized child pomography ring that operates as a criminal
consniracy
g} T�;,�pbutors, solicitors and possessors of images of child pornography
'r�) �~}� r�r�er fonn of child victimization.
�E.2 72ecaz'd'�.�e�ang
4.21 IC �C ,�ge*i�ies sha11 be sub}ect to e,�isting agency incident reporting procedures
and case supervision systems. At a minimum, a unique identifier shal] be
assigned to e4ch ICAC case.
4.2.2 Al': afr;liatE:i agencies �vi11 report their aetivity to the respective Task
Force Cnm., �ancier by the l Oth of each month using the ICAC
MonthIy =er;onnance Measures Report.
4.2.J Tas.c : �� c,�s ,�il] compile and submit their monthly performance
measures re;�ort to the OJJDP designated ]ocation before the end ofthe following
lC,4C Progr Operational arad Investigative Standards
FOR LAW ENFORCEME]0'T PURPOSES ONLX
Page 7 of 15
LAW ENFORCEMENT SENSITIVE D�I'I ��
calendar mnnth. This monthly report does not replace the semi-annual pro�ess
report reo�!ired by the Office ofJusfice Program's Financial Guide.
4.2.4 ICA C' C:ase Tracker — Task Forces wi11 compile and submit information on all cases
referred for eith�; state or federa] prosecution. Information is required for all cases
referred by the � receiving agency, as well as all affiliates that received more than
$20,000 a year. I'his report is on-going and begins with the prosecutorial agency the case
is referred t_^ and continues through the final disposition of the case. This on-going
quarterly : e;�ort �vill be due within five (5) business days of the start of the quarter and
does not r�p':4;;c either the semi-annual progress report required by the Office of Jusfice
Prob am's f'i;iancial Guide nor the quarterly statisrical performance measures report (see
4 •�- 3 �� �;-, ''h° report is submitted to �iaccaset��ackerC"a usdoti s*av and copiad to the
ICAC Preti am Manager assigned to the task force.
4•� €Jnc�ei"�t��-ea• Inve�tiga�ions
4.3.1 Car�r:.ii v� n.anaged undercover operations conducted by well-trained officers are
airiong the ,�.�;,; �.fective tec�niques available to law enforcement for addressing
ICAC oi�;< _ e�;. Chticlercover operations, when executed and documented
pro��erly, cc,':I;;et virtually unassailable evidence regarding a suspect's predilection
to exptot? c,h�ldren.
4.33 ICA� supervisors are responsible for ensuring tbat ICAC investigatars receive a
copy of the 3CAC Operational and Investigative Standards.
4.3.3 ICA< investigations shall be conducted in a manner consistent with the principles
of law anc, „�c, prccess. iCAC investigators are encouraged to work in
con�u�cti„i� w;tii their local, state or federal prosecutors.
43.4 'I1ie ,;,�,�wing minimum standards a�ply to ICAC invesfigations:
a. C?i�1y sworn, on-du4y ICAC personne] shall conduet ICAC investigations in an
ur�dercover capacity. private citizens shall not be asked to seek out investigative
ta� �.ets, nor sha11 they be authorized to act as police agents in an online
Und� capacity.
b- ii' �,C n�rsonnel shail not electronically upload, transmit, or forward
}��:��.>zran��ic or sexu�lly explicit images.
c. :�n�er tnan images or videos of individuals, age 18 or over, who have
prc,: �eu their infoim�d writien consent, and at the time consent was given
were emplo�ed by a criminal justice agency, no actual human images or
vzc€�=:,s s;�il be utilized in an investi�ation. Employee is defined as a
sa3rir c:1 or camp�nsated individual.
1CAC Progranz Operational and Investigative Standards
F�R �,A�' �NFC)RC'EMEI�TT PURPOSES ONLY
Paae b of 15
LA�3' ENFOItC�1l�IENT SENSITIVE b� ����
d. Uuring online dialogue, undercover officers should allow the investigative
tar��� t� sei the tone, pace, and subject matter of the online conversafion. Image
trau�t; r shall be initiated by the tazget.
e. '.;; de:cover oniine activity shall be recorded and documented. Any deparhires
from this policy due to unusual circumstances shall be documented in the relevant
cas� f ie �nd reviewed by an ICAC supervisor.
4.4 �vicA*:<•^ g-or_edures
4.4.1 The ��c:sge, securits�, and destruction of investigative information shall be
consister.: •.., t.= ag�ncy poiicy. Access to these files should be restricted Yo
authoriz�:i ;;�>.;ermel.
4.4.2 The r:xaroination of computers and digital media shall be consistent with agency
policy and �:
4.4.3 Cl�i �-; �, :3� nob apny is centraband and sheuld be maintained pursuant to each
agzricY';; ";...':::;;��s r�:g�;�ding such. lt is recommended that absent a court order
specificai.'.� :�r3cring otherwise, evidence containing child pornography shall not
be relea�e�i �„ at�3 d�fendant or represenlaCive thereof.
4.4.4 'I7�c- �.� d;�slei or" evidence containing child pornography among law enfomement
shall be doue is a secure manner. Methods of transfer may include hand-delivery,
transmis�i�,i� of dibitally protAcYed files, delivery via a service which tracks the
shipmert. r ;Ej niethods consistent wiCh agency policy and practices.
4.5 "vVo.hel� e ar�u �;q€aypmeut
4.5. t 1C!, C ��,cnuuters and software shall be reservefl for the exclusive use of agency
aesignatet` i E;� nersom�el. When possible, undercover computers, software,
and online u:��ouilts shali be purchased covertly. No personally owned equipment
shall be use..�`, ,T� JE�AC investfgations and all software shall be properly acquired
and licens, u.
4.5.2 I� ��� v.,,s.�nnel shafi not use 1CAC computers, software or online accounts for
personal ue;
4.53 Absc.;?r exigent or unforeseen circumstances, all ICAC online invesfigations sha11
be c�rdu�:r;ct ;;� �uvernm�nt workspace as designated by the agency. Bxceptions
must be �i �,, ;:�,�ri ;n anvance by an IC.vC supezvisor.
���h'CPi°ograr,a Operatioraal andlnvestioative Standards
�'Q3� i-�.V`✓ ElmiFpR'(=�;1V[ENT PUItPOSES ONLY
Pa�e 4 of 15
Lf4i� EN�ORCEMENT SEN5ITIVE Q�1'(��
5. Infor-����en Sharing
5.1 Conve ;, or,a': �ooundaries are virtua]ly meaningless in the electronic world ofthe
Intemet ar:c' the usual constraints of time, place, and distance lose their relevance.
These fact� �;nca ease tY�e possibility of ICAC agencies targeting one another,
investigating the s,ine subject, or inadvertently disrupting an ongoing
investagai.e;.. Te =oster coordination, collaboration, and communication, each ICAC
agercy,�,a,; �cntribute ca�c i:lfor.na�on on ai_l active investigations
(local, inter��ate, reacYive and proactive) to a common database as designated by
OJJDP cur.: r,fly, referred to as the ICAC Data Exchange.
5.2 If any common target is identified, the initiating ICAC agency is responsible for
contactitig �;:; ��her law enforcemert agency targeting the suspect.
5.3 initiat:. ,!`'Ai; age:,cies should also consider contacting other local, state, and
federal ag:,_ �;�s wh�ch r,iay be involved in similar investigations.
ICdC Program Operatio�2al and Investigative Standards
��R LAW EN�'ORCEMENT PURPOSES ONLY
I'age 10 of 15
�,AW ENFORCEI�TENT SENSITIVE p�-��L'J
6. Vi��i�r� �aen�ification
6.1 :dent:: �: i_ ci�ild victims is a critical element of the ICAC Pro�azn. DOJ and
OJJ�P re ;iz:re a1i Task Forces to submit child victim images to the CVIP as a
means tc in�;,ro�e child victim identification. Absent exigent circumstances, child
victim im�:� <;s wii: be sent to the CVIP consistent with NCMEC guidelines. In
addition, i:,,�C ageiicies are ancouraged fo collaborate with NCMEC to identify
children d°n cted in child pornogaphy.
6.2 A focus �f t,�e ICAC Program is to protect children. In circumstances where
reportmg of �ntid abuse is not required under existing laws, ICAC agencies are
strongly e^courar=ed to report instances in which a child may be at risk for abuse
or exploi�a::o: _.
6.3 Abserz �xig�:�t circumstances, victim identifying information should be protected
from publ?c .iisaLosnre.
I�AC Program Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page I1 of 15
LAW ENFORCEIVTENT SENSITIVE p� ��(S�j
7. Vicfirr: �`� ;�;;f,; ation
[New sec. -. tc '�e drafted in 2009 about JUSTICE FOR ALL Act Provisions that govem
vicrim no�:^cst:en.]
ICACPrrogram Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 12 of 15
LAW ENFORCEMENT SENSITIVE Q�"I��
8. Best Pr;�, Fiees for Interacting with Potenrial Child Victims and their Non-
Offending t�-�fnvy Members
[To be dece±oped in 2009.j
ICAC Program Operatiorial and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 13 of I S
LAW ENFORCEIVIENT SENSITIVE D �,+(�Cj
9. Coman=��eet�� Education and Crime Prevention
9. ] Prever.±ion education activities are a critical component of the OJJDP ICAC
Program. t�„� u�encies should foster awazeness and provide practical, relevant
guidance ro :,nitdren, parents, educators, librarians, and other individuals
concemecz acou� child safety issues.
9.2 Prese�i;;. ;;;ns to schoo. staft; pareii�s, and community groups are excellent ways
to p�omot;; au�arzness. These presentations shall not depict identifiable victizns,
not othera is� ;7 %he public domain; nor shall they use pornographic or sexually
explicit ir?ma�es. Presenters shail not discuss confidenrial investigative techniques.
9.3 i\io mcm?�er cf an ICAC Task Force may endorse any product or service without
the exp; ess cc.nsce,t of an OJJDP Prob am Manager. While appearing at public
presentatir,��.;, ;�' �C �embers may indicate a preference for a product or service,
but to avoic an iniplicit endarsement, such tCAC members should indicate
adequafe al�crnatives.
IC,4C Program f�perational and Investigative Standards
F�R LAW ENFORCEMENT PURPOSES ONLY
Page 14 of I S
LAW ENFORCEMENT SENSITIVE � ����
10. Mec�i�, �e,ations and Releases
10.1 Medi : r�_;eases relating to prosecutions, crime alerts or other matters concernin.g
ICAC ope-z�iony shall not incl�de information regazding confidential
investigatic �*.ecnniques and should be coordinated (when applicable) with other
Task Fore� ��srticipants, Federai law enforeement agencies, and State and local
agencies im:otved in the investigation consistent with sound informarion
managemer.- and media relati�ns practices.
] 0.2 ICAF : (or their desib ees) may speak to members of the media about
their own cr.:aa�ments' 1CAC-related activities according to their own agency's
guidelines. ?�to individual affiliated with the ICAC pro�am may speak on behalf of the
ICAC Pr;,�: ,;.; u, a whole.
10.3 ICAC � o;iz�z�anders should i�lform their OJJDP Program Managers if approached by
nat:or,al �i�s�„u oa±lets about the ICAC Prog (as opposed to media seeking
inf'omiaiic,,; al�out Iocal activities) so that a coordinated national response can be prepared
by �JP.
3 G.4 anfo�;r�.,ii �n t�rovided by ICACs to the media shail be consistent with the guidance
belaw:
lYurpose �a' c,�e I�:AC Program
T'i�e missiort o# the 1nYernet Crimes Against Children (ICAC� Task Force program is to
assist state r�ct iccal law enforce�nent agencies in developing an effective response to
cyErer ent,•.r n;vnt and child pumography cases. This support encompasses forensic and
in�est�gat! oi eoinponents, training and technicai assistance, victim services, prevention
an�i comm�.rity education.
I�ackgr�rr,. � c�:: �;�e I�A� P'rogram
The Intem; r�.rimes Against Chiidren (ICAC} program is a national network of fifty-nine
coardinat :a9 +�;ca] task forces and their 1,8001oca] and regional affiliated agencies
enguged iF -� ;,;oactive and reactive investigations, forensic examinations, effective
prosecnti�..=� an� commiu�ity educaticn.�'I'he ICAC Program was developed in response
to the incrc;; ;i�g number of children and teena�ers using the Internet, the proliferation of
chiid pon�. �� �.z�„y, and the heightened or,line activity by predators searching for
unsuperv,c._d �cntact witl; underape victims. By helping state and local law enfarcement
agettcies cv � ciop e�i'ective and sustainable responses to online child vietimization and
child porno_ra�,hy, the ICAC program delivers national resources at the local level.
�� I�c i`�F. v.:�5 :un aotively protecis children who use the Intemet by proactively
invesrlgat:,k; ?tie on-line sexual expioitation of children by predators. Because ICAC
pracrtiot;r .:_;��-stand that arrests alone can noY resolve the problem of
on-i�ne - r„t �� ;�aon, the ICAC program is dedicated to training law enforcemenf and
educattr�� ;,,r::n�G and youth ahout the potential dangers online and offering safety tools.
l�AC Program Operational and Investigaiive Standards
F'OR LAW ENF�JRCEMENT PURPOSES ONLY
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