09-186Council File # (I�l' (p
3065841
Presented by
RESOLUTlON
OF S/�iNT PAUL, MiNNESOTA ��
1 RESOLVED, that the City oF Saint Pa�l, Police Department, is authorized to enter into the attached Joint Powers Agreement
2 which has an indemnification clause, with the City of Worthington acting tUrough its Police Departrnent 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 Nays Absent Requested by Departm !ht of:
Bostrom ,i � L
Carter ;✓
Harris i / By:
Helgen �/ Appro e by t� ffice of F'nancial S ices
Lantry ✓
Stark ;/ By "
Thune ,/ Approve by � Attorney ,
�
Adopted by Council: Date y//e�'/O'J Approve�t`by 1VPayor�yg Sul�i�ion to
Adoption Cert�ifi by Co il Secretary By:
BY� //"/l�.f�(�/�,�yiy/
Approved}� �l�iayo : Date � Z- �1 <_
BY� �i.L��-�Ll�.l' ---__, /
�
� Green Sheet Careen Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
� "��
)epartmerMiOffice/Council: ' Dateinitiated: i
P p _PWiceDepartment ' 09-JAN-09 ; Green Sheet_NO ,. ^ 3�65���------�- - � -- ' - �
' -----��� --
act Pereon & Phone:
Chief John Harrinpton
266v-5588
.' Must Be on Council Agenda by (Date):
� Doc. Type: RESOLIffION
� E-Document Required: Y
Document Contact: Evette Scarver
Contact Phone: 266-5541
2 Gity Attomev Ciry Attornev ' -�
3 MaYOr's Office . _. _. _ .. . ; ��� . . . Msyor ;
�►
—' Assign
Num6er
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Order
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�, Total # of Signature Pages� (Clip All Locatfons for Signature) _ _
Action Requested:
I Signatwes on the attached council resolution authorizing the City of Saint Paul, Police Deputment to enter into the attached Joint
i Powers Agreement with the Ciry of Worthington, acring through its Police Department.
I _
; Recommendations: Approve (A) or Reject (R):
; Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this personlfirm ever worked under a contract for this department?
Yes No
2. Has this personlfirm ever been a city empfoyee?
Yes No
j i 3. Does this personlfirm possess a skill not normally possessed by any
� current c(ty employee?
� Yes Na
I, Explain all yes answers on separete sheM and attach to green sheet.
F-
I Initiating Problem, Issues, Opportunity (Who, What, When, Where, YVhy):
� The City of Worttnngton Police Department will pacticipate in the Internet Crimes Against Childien (ICAC) Task Force of the Saint
� Paul Police Aepartrnent. Authorization is needed to enter into the attached agreement.
Advantages If Approved:
Opportunity to use grant funds to parinership with the City of Worthington Police Department to combat internet crimes against
children.
j DisadvantageslfApproved:
� None.
!
Disadvantages ff Mot Approved:
I,ost opportunity to use grant funds to partnership with the City of Worthington Police Deparhnent to combat intemet crimes against
cbildren.
Totai Amount of
Transaction:
Funding Source: 436
Financial Information:
(Explain)
CosURevenue Budgeted:
Activity Number: � ��i `VC
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January 9, 2009 10:38 AM Page 1
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Minnesota Internet Crimes Against Chiidren Task Force
Multi-Agency Law Enforcement Agreement
This Multi-Agency Law Enforcement Agreement, and amendments and supplements thereto, (hereinafter
"AgeemenP') is between the City of Saint Paul, acting throu� its potice Department (Graniee) and the Ciry of
Worthington, acting through its PoGce Depariment, I530 Airport Rd., Suite 300, Worthing[on, MN 56 ] S7
(hereinafter "Undersig�ed Law Enforcement Agency") both which aze empowered to enter into joint powers
ageements pursua�t to Minn. Stat. § 471.59, Subd. ] 0& 12, and is further empowered to enter into this Agreement
by Minn. Stat. § 626.76; and
Whereas the above subscribed parties have joined together in a multi-agency task force intended to investigate
and prosecute crimes committed against children and the criminal exploitation ofchildren that is committed andfor
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 nate and federal laws to prosecute criminal, civil,
and forfeiture actions against identified violators, as appropriate; and
Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit A) d'asbursed by the
Office of Jwenile Justice and Delinquency Prevention ("OJJDP") in Washington, D.C. to assist law enforcement in
investigating and combating the exploitation of children which oceurs 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 Imernet 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 Enforcement Agency approves, authorizes, and enters into this Memorandum
of Understanding with the purpose of implementing a three-pronged approach to combat Internet
Crimes Against Children: prevention, education and enforcement; and
i� The Undersigned Law Enforcement Agency shall adhere to the OJJDP ICAC Task Force
Program Standards (attached to this Agreement as Exhibit B), in addition to state federal
(aws, when conducting undercover operations relative to ICAC; and
Z� AII 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 {ine 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
� The Undersigned Law Enforcement Agency shall indemnify, save and hold harmiess the
Grantee, its representatives and employees from any and all claims or causes of action,
!' ' i
including all reasonable attorney's fees encurred by the Grantee, arising from the
performance of this Agreement by the Undersigned Law Enforcement Agency's officer/s(;
and
5 All members ofthe Undersigned Law Enforcement Agency shall continue to be emptoyed 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 a(I requests for undercover ICAC
related operations in writing to the Commander ofthe Minnesota ICAC Task Force for
presentation to the OJJDP [CAC 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
$. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed
on pre-approved requests; and
9. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to
prevention, education, and enforcement activities, to be co(lected and forwarded monthly to
the Minnesota ICAC Task Force Commander or his designee for statistical reporting
purposes; and
1Q. The Undersigned Law Enforcement Agency shall participate fully in any audits required by
the OJJDP; and
11. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be
represented at any scheduled regional meetings in order to share information and resources
amongst the multiple entities; and
12. The Undersigned Law Enforcement Agency shall be solely responsib(e for forwarding
+nformation relative to investigative targets and victims, to the ICAC data system pursuant to
the OJJDP guidefines; 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 result of this Agreement in the event that: future federal funding is no longer available,
the Agency decides to disso(ve its binding relationship with the Minnesota ICAC Task Force
and the Saint Paul Police Department, or the Agency breaches the Agreement.
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Terms of this agreemenf:
This a shall be effective upon signatures. Nothing in this agreement shail otherwise limit the jurisdiction,
powers, and responsibilities normally possessed by an employee as a member of the Agency.
John t�i. Harrington, C�ief of Po,1
Saint Paul Police Departrnen �
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Ass�stant St. Pau1�ty Attorney:
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Director of Office of Financial Services
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Aeencvi certifies that the aoprooriate nea'son(sl
have executed the A reement on behalf nf rhP
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Office of the Assistant A:!umey General
Sepiember 26, 2007
Chief John M. Harnnotm
City of Saint Paul
IS West Keliogg BoUVevad
St. Paul, MT 5� 102
Deac Chief Ham�gton:
Department of Justice
O�ce of lustice Programs
Ivashinfi«'^�DC ?0531
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On behalf of the Ntomey Qeneral, i[ is my pleasuce to mfocm you that [he Office of Iustice Pmgrams has approved your
application for fundmo under the O1JDP FY 07 Buildmg ICAC Forensic Capacay m the amouat of $200,000 for City ef Saitt[
Paui
Enclosed you will find th: �rant Award and Special Conditions docnments This award is sub�ect to alI adm�mstrat�ve and
fioanmal requirements, includmg the timely submission of al4 S'inancipl aiid progiammahc reports, resolunon of atl interim
audrt Flndmgs, and ihe m: mtenance of a minimum Ieve7 of cash-on-hand. S6ould you not adhere to these requirements, you
will be in v+olation of the tenns of Uvs agreement and the award wi11 be subjeat to termination for cause oc othec administrative
acnon as appropriate
[f you have questions reg.,iding th�s award, glease contact
- Program Qucslions,Jacyuelroe ORc�lly, Prop�am Manager at (202J SL4-5024; and
- FinaneialQuestions,theOfficeoftheComptroller.CustomerServiceCenter(CSC)a[
(800) 458-078C, or you may contact the CSC at ask.oc@usdo�.gov.
Cmigra[ulat�ons, and we look forward to work�ng with you
Smcerely.
n ry " '
`F r.R..� /' �[`'�`-2�
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Re,sina B Schofield
Assista�t Attorney Genm,1
Eiiclosures
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_ _'�� � � � - r Department of ,Tustice
� s�= ,> Office of lusrice Progama
�', �..::..�' ��
Office for Civit Rights
�v,,,h,,,�,,,,,, o c ?nsst
September 2Ei. 2007
CUief7ohn M. Harrinefon
City of Saint Pa�l
IS West Kellogg Doule�ard
St PauL �(N 55102
Dear Chief Harringron
Congratulat�ons on yow �ecent award. In establishiog financial ass�stanea programs, Congress Imked the receipt
of Federal fundmg to co�nn��ance w�th Federal civil rights laws The Office for Civil Rights (OCR), Office of
Ju: tice Programs (OJP),' l.S Dcpar[ment of Ius[ice is responsible for ensunng that recipients of 6nancial aid from
OJP, its component offiics and burcaus, [he Office on Viplrnce Aga�nst Women (OVR�, and the Office of
Community OneoteJ PuLcmg Services tCOPS) comply wrth applicable Federal crvil rights statutes and
reguiahons We at OCR are available to help you and your organ�zation meet Ihe civii nghts requirements that
come with 3us[iee Depattment funding
Ensuring Access to Pederally Assisted Programs
As yQU know, Pederai la�vs pinhib�t eecipienls of fi�anc�al assistance ftom discrimmaung on the 6asis of cace,
cobr, nauonal ongin, �eb��on, cex, or disabil«y m funded pcagcams or aetivrties, not Qnly m respect to
employment prachees bul also m Che delivc�y of serv�ces or benefits. Federal law fllso prohibits funded programs
or aewitws from discnnunating on the basis of age i� the delivery of services or banefits.
Providing 5ervices to Crmited Engiish Proficieney (LEP) [ndividoals
Io accordance w�ih Dep+�iment of Justice Gwdance pertaining to Title VI of the Civil Rights Act of 1964, 42
U.S C. § 2000d, reciUieuu ot Pederal f nancial ass�stance must take reasonable steps ro provide meaningful access
to their prograins and uclrv�tics fo� persons with Vimited English proCmiency (LHP). Por n�ore informa[ton on [he
civil righis respons�bilnies fhat recipients have m providmg language services to LEP mdrviduals, piease see the
website at hnp Uwww lep.gov
Ensur[ng Eqnal Trealaient for Faith-Based Organizafions
The Department ofluetice has published a regulation specifically partaining to Che fundingof fai[h-bas�d
organvalions. in genaml, die �egulation, Pa¢�cipattoo in Jusdce Depar[menf Programs by Religious
O�gamzati0�is. Providmg for Fqual Treamient ofatl Sustice Depar[ment Pro�rem Partimpants, and known as the
Equal Treatment Re�uletion 28 C.F.R. part 38, reqmres State Adm�n�stermg Ageocies W heat these organizations
the same as any other apt�licantor recipient The regulation prohib�ts State Admmistering Agencies Prom mukmg
award or grant admmisunaon decisions on the basis of aii organizatioii s rehgiws characteror affihatioq
reLgrous name, or thc rei�Qious composibon of P�s board of directors
The mgu�auon also proh�hits fa�th-based organi�ations from usmg fin2ncial assistaoce Prom the Department of
Justfce to fimd mhcrc�tly cehgious acovities WhiVe feith-based organizations can engage in non-fUnded
inhecently rel�Qious ach, �4es d�ey n�ust be hcld - >eparately from tfie Department of Iustice funded progmm. and
customeis or beneRciari�� camiot be compelled to part�cipate �n H�em The Equal T�eatmeni Regulacion also
makes clear that organ��ahons pameipati�g in progcams funded by the Department ofJustica ace not permiUZd fo
discnminate in die piovismn of serv�ccs on the bxsis of a beneficiary's religmn. For �noce informapon on the
regulaHon, please see OCR's websiie at http�//www.ojp usdoj.Qov/oa/ettbo htm.
11�-i6(p
State Administering Agci ;:ies and faith-based organnat+orrs shonid atso nore [hat [he Safe Streeu Act, as
amended; [fie Victims o� Crime Act, as amended; and the Juvenile Justice and Delinquency Pre�ention Act, as
amended contam prohibr.ions a,ainrt discrimination on tlie bass of religion m employmen[ These emplo}'meni
provisions ha�e been spcoGcally incorporated into 28 C F R. Part iS I(� and 38 2(�. Consequently. in many
cfraimstances. it uo��ld be impemiissible for fanh-bas� organization5 seeking orreceiving funding authorized by
these statutes to ha��c oo!ef� or practices that condiiion hinn� and other employmen6related decisions on the
reh�ion of applicants or rmployezs. Pro�+rams sub�ect to these nond�ccrimination provisions may be found on
OCR's websrtc at htto -lu�i w.ojp usdq gov/ocu. Questions about the reaulahon or the statutes that prohibrt
disenmme[ion in emplo}�nent may be d�rected to th�s Office.
E�forcing Civil Rights L aws
All recipients of Federal ;lnancial assistance, regardless of the part�cular funding source, [he amount of the grant
mvard, or the number of � mplovees in the workforce. are subject to the prohib�hons agamst unlawful
discrimmation. AccorAir OCR inves[igates recipients that are the sub�ect ofdiscrimination complaints f'rom
bolh �ndrv�dupds and eror. �s. In addiuon. ba¢ed on regulatory criter�a OCR selects a numberof recipients each year
for compliance re�iews, aiadns [hat require recipients Co submit data showing that they are providing services
aqurtably to xIl segincnls.,ftheir scrvme populnuo� and that thei� employmen[ practices meet cquai employment
opportunity standaid>
Complying wiih fhe Sa(c Strects Act or Program Requirements
In addit�on tu these genernl proiiibitions, an organirahon which is a rec�pient of finaneial assistance sub�ect to the
nond�senimnauon p�ovisions of[he Omnibus Cnme ConVOI and Safe Streets Act (Safe Streets Act) of 196$ 42
U S.0 § 3�89d(c), or other Fuleial grant program requirements, must meeC nvo additional requirements'(1)
coinplying w�ith Fulcial i�gulaupns periaimng to the development of a� Fqual Employment Opportunity Plan
(EEOA), 28 C F.R 4 42 '�01- 308, and (2) submrtt�ng to OCR Findmgs of D�scrimination (see 28 C F R. §§
42205(5) or 3I202(Sp
I) Meetiuy ii�c EEOP Reqairement
In acco�dance w�th Fedca� regiJations. Assumnce No. 6 in the Standa�d Assurances. COPS Assurance No. 8 6, or
certain Fedcitd gram proe:am requiremenis, your organization musl compiy wi8i the following EEOP reporting
requiremeius.
If your orgAn¢kitioo 6ns �oceieeei a� award for $500,000 or more and has 50 or more cmpipyees (counhng both
full- and part-hmc oinployees ba[ excl uUing pol incal appomtees), rhen it has to prepate an EPOP and subroit it to
OCR Por review within 6A days from the date of fhis lefter. For assisfance in developmg an EEOP. please
co�isulP OCR's websrte ai ntlp dwww ojp.usdoj gov/ocdeeop.hnn, You may also request tech�ical assistance from
an EEOP specialisctu OCR oy d�aling (202) 616-3208.
If your organization rec��n cd an award beRVeen �25,000 and $500,000 and has 50 or more employeas, your
argamzallon sull has to peepare an EFAP. but it does not have to submit the EEOP to OCR for review. InStead,
your organvntion has m�-;aintain tlic EEOP on �le and make it availablc for review on reqnest In addi[ioq your
organvzGOn hqs Io oom,.: �[e Seciion F3 of the CerUfication Form and return it to OCR The Certification Form can
be 1`ound ai hup.//www.e n undo7 gov/oc�/eeop.hhn.
If your organfz�tion rx� �. cd an awzvd foi less than $25,000: or if your organization has less than 50 employees,
regardless of the ainnunt oi the award, or if your orgamzanon �s a medical ms[itu6on, educadonal inshtufion,
nonproftorgan¢ation e Indian tnbc, then your organization ie exempt from the EEOP reqwrement However,
yourorgeiivation musramnpleto Seehon A ofthc Certificabon Furm and return it to OCR. 7he Certification Form
ean be found at h[m,�w�� ,, o�p usdoj.gov/ocdeeop htm.
2) Snb�nit3ingFindiogsofDiscrimina[ion
In tlie evenf a Federal or ��ate court or Federal or State admimstratrve agency makes an adverse findmg of
d�senmination against yo.± o�ganizatlon after a due process heanng, on the ground of race, color, relig�on, nallonal
origin, o� sex, your o�gar�,alion mustsubmit a copy ofthe finding ro OCR For rev�ew
��-���v
Ensuring the Compliaise ¢t SuUreeipiea[s
[f vour oc�anilatwn n:zl:es subaa�ards eo othec agencies, you are responsible for usunng that subreapients a4so
mmply �e�ith aII of the ap•�bcable Federal civil rights laws. including the reqwrements pertainina to developing
and submittmg an LFOP enorting F�ndinas of Discnmina!ion. a�d prov�din� language services to LEP persons
State agencie; that inakc � must have in place standard grant assurances and review procedures to
demonstrate Ihn[ diey arc :�Ta;uvely monitorin� the eivil r�ghrs compliance of subreC�p�ents.
If ��e can ass�st }ou :n an way in fulfilimg your crvil nehts respons�bilities as a recipient of Federal funding,
please caq (JCR at (207. �=`�7-0690 or visit ouc website at 6ttp'!lwww.ojp.usdoj.gov/ocr(
Sincerely,
�-�-� a. r�-�--
Michael L Alston
Dtrec[or
cr GrantT7nnngr;
Financ�nl Analytit
. Deparr^;ntoflusnce
{. Office c( tus��ce Pro�rams
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�"��=� and Delioquency Prevenfion
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SPECIAL CONDITIO:VS
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L The retiipient �d:asc to wmply with fhe financial and adm�nistrative reqmrements sec forth in tf�e e�urent edition of the
Offiee of Juc[�cc P:oernins (OIP) Finannai Guide.
2 The recipiem acknuwla{aes that fnilure to submit an aceepiable Equal Employment Opportunity Plan (�f recip�ent is
reqwred to su�n� r en_ piirsuant m 28 C F R. Sectimi 42 302}, tNat is approved by the Office for Crvil Rights, is a
v�olation of rtti Cendicd Assuranccs and may result m suspension or termination of funding, until such time as t6e
cecipienf is m comnlmnee.
' 1 The reapient agri�rs to compiy wrth the orgamze[ionat audrt reqwremen[S of OMB Circular A-133, Audits of Srates,
Local Govemments and Non-Profr[ Organizauons, zs funhcr desrribed in the cuttent edition of the OJP Financial
' Guide, Chapte� 19
� 4. Rempient under;imids and agrees ihat ii camio[ use any £edera7 fiinds, eitherdirectly or indirectty, in support oPthe
I enectment repe..d, mod�fieation or adopnon of any law, regulation or policy, at any ievel of govemmen4 without the
exprc+s ynm �vri'u�an npproval of OJP
5. The appl�cam buJgct is pending review o� approval. The recip�ent may not obligate, expend or draw down any grant
iuuds untii the Officc o! �he Comptroller, ORme of Jus[ice Programs has issued dearance of the appl�cation budget, and
a Gran[ Ad�ie imcot Amice has been isa'ued removmg this special condrtion
6 The P�o�ect D�� r� :��� and key program personnel designated in tl�e application shall be replaced only for compelhng
� rensons and �., ��h lv coocurtence oCOJP. OJP wil4 not unreasonably wtthhold conaurrence AII successors to key
, pmsonnel must Y:.: approved, and suth �pproval �s cont�ngent upon submission of appropriate mPormation, includ�ng,
I bui not liinitcd !o n re>umc Changcs m other program personnel reyuire only noHflcafion to OJP and subm�ssion of
� reswnes, unl�as o�herwise design2ted �n the award document
7 The ruipient agr.::s to submit quartedy Cnancial srahis reports Co the Office of Justice Programs usmg Standard Fomi
SF 269A on thc lutcenet at https://grants.o�p usdo� gov These reports shall be submitted on-Iine no[ later than 45 days
afler Ihe end o: c.ich calendai quarter. The final report shall be submit[ed not later tban 90 days foliowing the end of
the grant penod
8 Tl:e rc; ipienl sh.ili ;ubm�[ sein�anuua7 progress reports. Progress repoRS shail be submitted within 30 days after the end
o( Lho repoi 6ug ,�cnod.s. ,vhich are June 30 and December 3I, for Ihc life of the award These reports will be submitted
lo the Office n! iu<uce Programs, on line-througl� the Internet at http.c.//grants ojp usdo�.gov/
i 9 Appru�al o( t}„ ;..,. ard docs not indicate aipproval of any consulfant rate ii� excess of $450 perday. A detailed
'� �ushf cu.ion n�.i�[ L� ,ubmitted to and approved by the Office of Justice Pmgrams (OJP) progrem office prior to
i obngavonorexpcuJni,ieofsuchfunds
� 10_ 'Che reeipient agrees to comply wnh the ICAC Tagk Force Piogram Standards as estabhshed by the ICAC Task Focce
� AdvisoryBoa;d:,ndapprovedbyOdlDP.
1 l The rec�p�ert a�,v.c, to Cocward repaits of lCAC Task Force Program Mo�thty Performanee Measures to the O77BP-
des�gnated site
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Cooperative Agreement
�IIARDD.\iE 09,'262009
6? /
PAGE 3 OF 3 I
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SPEC/AL CO,�DITlONS
I3. Thc Office uf ��.rnile Jusnre and Dehnquency Preecntron has etetted to enter mto a Cooperauve Agreement rather
than a grant wrth ihe �zcipicni. This demsion reflects the mutuzl mterest of the recipient and OIJDP in the operation of
the projcct as acii zu the antiapated levet of Federal mvolvement io this prqect. OSJDP's parpcipamry role in the
pro�cct is an fa:!c ,
a Re�ie�a and a�-p� �.icc ma{o� work plans, mNudmg changes to auch p{ans, and key deeisions pertaining to pro}eet
oper�tions
b Review and app�ove major projut generated documents and materials used in the provision of project services.
Provide gwd�mcc �o sianificant pro�ect plunning mect�ngs, and participate in pro�ect sponsored tra�ning evenfs o�
confercnces
O!P FORM 40001? {p,�V �88}
b9-i��
- llepartment of Justice
- Office of Justice Programs
- _ - OjTce�JJuvenr7eJu.rticea�sdDelinquencyPrevention
Nochnz�lnn D( ]053f
MemorandumTm C�fIS�_ialGrantFile
From: Katl:ti• Grassq Ncpa Coordinator
Subject: Cat_;:ancal ExclusiQn fot Ciry of Saint Pau1
The recipient agrecs te o-sist OJJDP to comply with die Nationa{ Environmental Policy Act (NHPA) and
other rclaCed federal cn� ���,nmcntal impact anaLyses requireinei�ts m tbe use of these grant funds either
directly by the recipic�t ���� by a subrecipient Aceordmgly, prior to obhgating grant funds, the grantee
agrees to first dct,rini��c .i a�y of the following activilies will be relafed to fhe use of the grant funds and,
if so, to advise OJJDP aad roquest further NEPA implementahon guidance Recipient understands ffiat
this special conditioo .EpplScs to its aetiv�Ues whethex or not they ace beeng specitically funded with these
graut Sunds. That is, a^, Irn �g as the activity is bemg conducYed by the recipient, a subiecipienf, ox any
tl�ird �arry and the activey needs ta be m�derta3cen in order to us�thcse grant fimds, th�s special condidon
must first be met. The acirnties covered by this speciai condit7on are: a. new conshvction; b. minor
reuova[ion or remodeLn�; <,f a�roperty ciihcr, (1) listcd on or eligible for listing on Uie Narional Register
of Histone Ptaces or; (2J located witl�m a 100-yeac flood plaip; e. a renovation, lease, or any other
pxoposed nse of a bui!cting or facil+ty tl�at will either, ( I) result io a change in its basic ptior use oi; (2)
signifieantly change ity „�e and; d. Smplementation of a new program involving the nse of chemicals
other than chem�cals O�a' are; (i) �urchased as an incidental component of a funded activity and;
(2)fradi6onally used, fnr: xample, m offlce, household, recreational, or education.
9
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Of.`�e of Jvsncc Pmgnms �
PROJECT SUi�tNIARY �
Offiee of Jueen ile Jusfice and �
Jch�,quency Pre�entron CoOQerative AgCeemeRt �
-- ---- �
PROIC( T NUNBGR �
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O]PFQRM.7a�G2(2P� t=�)
LAW ENFORCEMENT SENSITIVE
� � < �
D9-l8�
Internet Crimes Against
Children I'rogram
� r , /
.
����
l��ESTIGATIVE
_. ..�
ICACPr-ogram Operational and Investigative StandaYds
�'OR LAW ENFORC'EN�ENT PURPOSES ONLY
Page 1 oflS
LAW ENFORCEMENT SENSITIVE
j�f�l�lo
Definitions
As used herein, the following definitions shali apply:
"OJJDP" is the Office of 3uvenile Justice and Delinquency Prevention.
"NCMEC" is the National Center for Missing and Exploited Children.
"CEOS" i:; t�e Child Exploitation and Obscenity Section of the Criminal Division of the
Deparnnent ofJustice.
"ICAC" is the Internet Crimes Against Children program composed of Task Farces and
Affiliates.
"TASK FORCF" is defined as an ICAC law enforcement agency designated by O77DP to
act as a State andlor Regional Task Force.
"AFFILIATE" is defined as a law enforcement agency that is working in partnership with
a Task Ferce �nd has agreed in writing to adhere to ICAC Operational and Investigative
Standards
"PARTNER." is defined as an agency ass?sting a Task Force absent a written agreement.
"NATJONAL INITIATIVE" is defined as any investigative proposal that relies on the
cooperation �s1d resources of all Task Forces or mandates action by OJJDP.
"CVIP" is the Child Vicrim Identification Program operated by the National Center for
Missing & Exploited Children.
"CYBERTI?'LINE" is a reporting mechanism for cases of online child sexual
exploitafion and enticement operated by ffie National Center for Missing & Exploited
Children.
For the purposes of this program, crirne is defined as an}� offense that involves the
exploitation of ohiidren facilitated by technology.
Invesszgative interesc is established when there is reasonable suspicion that a screen name
or other potentially identifiabie entity has committed a crime or that enfity is engaged in a
sequence �f activiYies that is likely to result in the commission of a crime.
A p;oactive investigation is designed to identify, investigate and prosecute offenders,
which inay or may not involve a specific target, and requires online interaction and a
significant de� of pre-operative planning.
ICAC Prop am OpeYatfonal and Investigative Standards
FOI2 LAihI ENFJRCEb4ENT PI3I2POSE5 ONLY
�age 2 of 15
LAW ENFORCEMENT SENSITIVE b�,/��
A reactivc ir restigation involves the investigation of a complaint of a crime.
Reasonable suspicion is established when sufficient facts exist to lead a law enforcement
officer to bc?ieve that an individua] or organization is involved in a definable criminat
activity.
ICAC Program Operational and Investigative Standards
�Oit LAW ENFORCEMENT PURPOSES ONLY
Page 3 of 15
LAW ENFORCEMENT SENSITIVE b �����
1. Oversight
1.1 Each ICAC agency shall have supervisory systems and procedures, which shall
provide for observation, documentation, and periodic review of ICAC acrivity.
Such system should comply with the principles of quality case management and
ensure that TCAC. activities comply with both agency and ICAC Standards.
1.2 Task rorces shall submit ail proposec national initlatives to OJJDP prior to project
initiation.
1.3 OJJDP cuay suggest amendments to the original proposal following consultarion with
the presenting Task Force and other federal, state, and local entiries.
ICAC Program Operational and Investig¢tive Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 4 of 15
LAW ENFORCEMENT SENSITIVE py �j��O
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 testimony skills, ability
to handle sensitive information pmdentIy, and a genuine interest in the protection
of children.
2.2 Given the graphic nature of evidence routinely encountered in ICAC related
cases, t1�e Trienta3 health af investigators working such cases is a great concetn,
Task force supervisors at all levels are encouraged to make reasonable efforts to
ensure tl;a� a,i assigned of icers remain fit for duty in accordance with applicable
departmental policies and procedures.
ICACPaooram Operational and Investigative Standards
FOdZ LAW ENFORCEMENT PURPOSES ONLY
Page 5 of 15
LAW ENFORCEMENT SENSITIVE �y��g/�
3. Training
3.1 All Investigators will be supplied with appropriate training consistent with the
ICAC Operational and Investigative Standards.
3.2 ICAC Task Force Commanders are responsible for ensuring that the individuals
nominate� for ICAC sponsored training are employed by agencies that have
agreed in writing to adhere to the ICAC standards of investigafion and that
any prerecru?site requirements for the training session have been met.
3.3 tCAC iasI: forces may give regional training. 'The training shall comply with
cunent ICRC standards. Any subsequent support required as a result of the
regional txafning shall be the responsibil�ty of the task force providing the
training.
ICACProgram Operatiorxal and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 6 of 15
LAW ENFORCEMENT SENSITIVE
D�f���'�
4. Case'�anagement
4.1 Case Preaication and Prioritization
4,11 Cases may be initiated by referrals from the CyberTipline, Internet service
providers, or other law enforcement agencies, and by information gathered
through s::b�ect interviews, documented public sowces, direct observations of
suspicious behaviar, public complaints, or by any other source acceptable under
agency policies.
4.1.2 iCA� sapei ✓isors are responsible for determining invesrigative priorities and
selecting cases for investigation. Assuming the information is deemed credibte,
that detenni�iation should begin wlth an assessment of victim risk and then
consider otl;er factors such as jurisdiction and known offender behavioral
characteri;iics. The following prioritization scate shall be considered:
a} A �;nild is at immediate risk of victimization
bl A child is wlnerable to victimization by a known offender
c) A known suspect is aggressively soliciting a child(ren}
d) Manufacturers, distributors or possessors of images that appear to be home
F3h�?nL7aphywith domiciled chitdren
e) .'.gb essive, high-volume child porno�n manufacturers or distributors who
eit'.;c:� are commerciaJ distributors, repeat offenders, or specialize in sadistic
images
f} ;via��u#acfurers, distributors and solicitors involved in high-volume trafficking
or be�ono Co an organized ehiid pornogaphy ring that operates as a criminal
consntracy
g) Dist�it��tors, solicitors and possessors oPimages of child pornography
s,) ? ry �`L er fonn of child vicrimization.
4.2 Ptec�s ;a'�as�e��amg
4.21 IC �iC agen�ies shall be subject to existing agency incident reporting pzocedures
and case sur;en�ision systems. At a minimum, a unique identifier shall be
assigned to each ICAC case.
�.2.2 Al' af:�iiate:i agencies cvill report their activity to the respective Task
Porce Co�m�r�ancier by the lOth of each month using the ICAC
Monthiy r er�onnance Measures Report.
4.'L.;S Tas., f �,;,es Nill compile and submit their monthly perfoixnance
measures re;;ort to fhe OJ3DP designated location before the end of the following
lCAC Program Operational and Investigative Standards
�'OFZ I,AW ENFORCEMENT PURPOSES ONLY
Page 7 of 15
LAW ENFORCEMENT SENSITIVE DR'I �
calendar manth. This monthly report does not replace the semi-annual progress
report rea2�ired bv the Office of Justice Program's Financiai Guide.
4.2.4 ICAC Case Tracker — Task Forces will compile and submit information on all cases
referred ior eithe� state or federa] prosacution. Information is required for all cases
refened by the grant receiving agency, as well as all affiliates that received more than
$20,000 a year. This report is on-going and begins with the prosecutoriai agency the case
is refeired tc a.nd �ntinues through the final disposirion of the case. This on-going
quarteriy ;e��ort wili be due within five (5) business days of the start of the quarter and
does not r:p; 4;;� either the semi-annual progress report required by the Office of Iusfice
Program's fi;iancial Guide nor the quarteriy statistical perforxnance measures report (see
4.2.3 abc,:: `!'he repoYC is submitted to icaccaseCrackerld�usdoi �*o� and copied to the
ICAC Pro�am Manaber assib ed to the task force.
4•3 iJncRe� c,>vez• Inve�tigaYions
4.3.1 Car�ru;i r:r.anaged undercover operations conducted by well-trained officers are
among the rs:�;;f effective techniques available to law enforcement for addressing
ICAC. o; ±� ::; c. tJstdercover aperatians, when executed and docwnented
properly, cc�tloeT virtually unassailable evidence regarding a suspecYs predilection
to ex.ploit ctuldren.
43.2 ICA� supervisors are responsible for ensuring tbat ICAC investigators receive a
copy of the i�,AC` Operational and Investigative Standazds.
43.3 ICA� ir;vestigations shall be cottducted in a manner consistent with the principles
oflaw an� „�e piocess. ICAC investigatois are encouraged to wark in
conjenctiur� wtiF, t}�eir local, state or federa] prosecutors.
4_3.4 'I'h� .�,:,ov,ring minimum standards apply to ICAC invesfigations:
a. C)n1y sworn, on-duty ICAC personnel shall conduct ICAC investigations in an
undercover capacity. Private citizens shatl not be asked to seek out investigative
taagecs, nor sball tne� be authorized to act as police agents in an online
Und�rcover capacity.
ti, i� �'�< t�,�rsonnel shall not eleetronically upload, transmit, or forward
r'o`r�.>��ani€ic or sexually explicit images.
c. .;caer tnan images or videos of individuals, age 18 or over, who have
prc> �:.eci tiieir infoi�:ed written consent, and at the time consent was given
w�ere employed by a criminal justice agency, no actual human images or
�'iuc:,s shail be utilized in an investigation. Employee is defined as a
�atared o-compensated andividual.
1L�ACPr-ogr-am Operational and Investigative Standards
�'�R LAi� �NFORC�1bIET�'T PiJRPO5ES ONLY
Paae 8 of 15
L�LW ENFOI2C�IVIENT SENSITIVE b�- ���
d. L�uring online diatogue, undercover officers should allow the invesrigative
tar��: tc set the tone, pace, and suhject matter of the online conversarion. Image
transra' sha11 be iniriated by tt�e target.
e. '.;rde; cover online activity shall be recorded and documented. Any depathires
from this policy due to unusual circumstances shall be documented in the relevant
cas: �sie znd reviewed by an ICAC supervisor.
4.4 �vi�er��. P�pcedures
4_4• I'I7ie -'�� : ag�, security, and destruction of investigative information shall be
consister,. �; ±.; 4��ncy �oiicy. Access to these files should be reshicted to
authorize�: G;e:;cneel.
4.4.2 The e;x�mination of computers and digital media sball be consistent with agency
poliey and l��°�eedure.
4.43 Chi1 _i °.��rna,� aphy is eentraband and sheuld be maintained pursuant to each
agaucy';; p,.±� ;�;��;d;pg such. It is recommended that absent a court order
specificai? 1.�rdciing otherwise, evidence containing child pomography shall not
be relea�e�i r, ark}' defendant or represeutative t�Sereof.
4.4.4 'I'he t, �nsier o2 evidence containing child pornogaphy among law enforcement
shall be cione ir a secure manner. Methods of transfer may include hand-delivery,
transmissio.=; of'di�itally protected files, delivery via a service which tracks the
shipmert, ���;,;;e methods consistent with agency policy and praetices.
4.5 �Vo:�ri� f �a3� �;q�np�ent
4.5.1 ]C�, `_' c;,��,�uters and software shall be reserved for the exclusive use of ageney
designatre` !"�;;, ��rsom�eL WIAen possible, undercover cornpufers, software,
and online �„connts shall be purchased covertly. No personally owned equipment
shcll l�e nse:: ,n SC.AC investigations and all software sha11 be properly acquired
and licens„fi_
4.5.2 1�AC. ;��,sc�nnel shall r,ot use ICAC camputers, software or online accounts far
personal use
4.5.3 Abser,t exi�ent or unforeseen eircumstances, all ICAC oniine investigations sha11
be condu��etl :: �cvernment works�ace as designated by the agency. Exceptions
must be a� �,; ove�I ,i� attvanue by an ICP,C supe;visor.
.��AC Pr•ogrctrrt pperatio�aal and Investigative Standards
�'JBt i,t�.FFJ ENFORC�;I�IIEN'P PUIZPOSES ONLY
Page°of15
���' EN�ORCEMENT SENSITIVE � r��
�. Infor����„a� Sharing
5.1 Con� ea,-:zr,a naundaties are virtually meaningless in the electronic world ofthe
Intemet ard the usual cansttaints of time, place, and distance lose their relevance.
These facb r: ;nc� �ase trie possibility of ICAC agencies targering one another,
inve�tigati2�, tbe ssnF> subject, or inadvertently disrupting an ongoing
investigai:;;,.. Te ioster ceordination, collaboration, and communication, each ICAC
ager;cy sh:�ii �•,5=.�triMute caae i:ifor_na�on cn ai_I active investigations
(local, inter.;�ate, reactive and proactive} to a common database as designated by
OJJDP cu�r;.^,tly, refened to as the ICAC Data Exchange.
5.2 If any c:smmon target is identified, the initiating ICAC agency is responsible for
eontacling �:�c �tner law enforcement agency targeting the suspect.
5.3 �nitiati.. [L'�`,t ager,cies shouid also consider contacting other local, state, and
federal a�s;.�;,;s wlrc,i r,iay be inva;veci in similar invastigations.
CC.4C Program Operatio�zal and Investigative Standards
��IZ L,AW ENFORCEMENT PURPOSES ONLY
Page 10 of 15
LAW ENFORCE1bIENT SENSITIVE ��-/�lP
6. Vie�i�3 i����ification
6.1 ident :�. .;r ci:ild victims is a critical element of the ICAC Program. DOJ and
OJJ�P reu�_re �li Task Forces to submit child victim images to the CVIP as a
means to i:n�rove child victim identification. 9bsent exigent circumstances, child
victim im4a:;, witi be sent to the CVIP consistent with NCMEC guidelines. In
addition, i�',�C ag;azcies are encauraged to collaborate with NCMEC to identify
children de+-:cted in child pornograph5.
6.2 A focus sf the ICAC Program is to protect children. In circumstances where
reportmg of child abuse is not required under existing laws, ICAC agencies are
strongly enro�ra;=ed to report instances in which a chi]d may be at risk for abuse
or e;�ploi�a� :;::.
b.3 Abser.� :;ii�ent circumstances, victim identifying information should be protected
from Pub1=c :��sc,Iosure.
I�AC Progr-am Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 11 of 15
3,AW ENFORCEMENT SENSITIVE
6�?'/��
7. Vietir�' ;E3fcafion
[New sec: _, tc ';e dra$ed in 2004 abaut 3USTICE FOR ALL Act Provisions that govem
victim no:i:�, stion.]
ICAC Program Operatdonal and Investigative Standards
F'OR LAW ENFCSRCEMENT PURPOSES ONLY
Page 12 of 15
LAW ENFORCEMENT SENSITIVE f�j'���
S. Best P3•zctices for Interacting with Potenfial ChiId Vicfims and fheir Non-
Offending r���gty]Vfembers
[To be devzioped in 2009.]
ICAC Program Operational and Investigative Standards
�OR LAW ENFORCEMENT PURPOSES ONLy
Fage 13 of 15
Y.AW ENFORCEMENT SENSITIVE
b9�181�
9. Com�?�y�ity Education and Crime Prevention
9.1 Preven±ion education activities aze a criticai component of the OJ7DP ICAC
Pro�am, :C�,C a�encies should foster awazeness and provide practical, relevant
guidance to cniinren, parents, educators, librarians, and other individuals
concemed U:>ouc child safety issues.
9.2 Pres�a:u.,�ns to schoo: staff, pareu�;, and community groups are excellent waps
to p�omot: ,�w�a, eness. These presenfations shall not depict identifiable victims,
not otherwis� io the public domain; nor sha11 they use pornographic or sexually
explicit ima��es. Yresenters shall not discuss confidential investigative techniques.
93 No metuher o_` an ICAC Task Force may endorse any product or service without
the ex es., i,c,nso:�t of an 03JDP Pro� �anager. While appearing at public
presentati� �r�,, i�' �C men�bers may indicate a preference for a product or service,
but to avoic. an insplicit endorsement, such ICAC members should indicate
adequate al;;xnatives.
ICACProgram Operational and InvestigaPive Standards
FQR LAW ENF�RCEMENT PURPOSES ONLY
�age 14 of 15
LAW ENFORCEMENT SENSITIVE �����
1�• �VIe�€:` �e�ations and Releases
10.1 Media >;eases relating to prosecutions, crime alerts or other matters concerning
ICAC ope-ai;ons shalI not include informatian regazding confidential
investigatiti�� techniques and should be coordinated (when applicable) with other
Task Force ;;art;cipants, Federal law enforcement agencies, and State and local
agencies in � o?ved in the investigation consistent with sound informarion
managemer,` and media relati�ns practices.
10.2 ICAC :'-�m�nanders (or their designees) may speak to members of the media about
their owr ti;:�arrments' 1CAC-related activities according to their own agency's
guidelines. 'vo individual affiliated with the ICAC progam may speak on behalf of'the
1CAC Prc�r .;;; ws a whole.
10.3 ICA�. , :'on�rnanders should inform their OJJDP Program Managers if approached by
natior�al i1,�:�, �a±lets abQUt the ICAC Progam (as opposed to med'aa seeking
iniormaiica� about local activities} so tlzat a coordinated national response can be prepared
by 07P.
� 0.4 xnfc7;e:�i; �3; �irovided by ICACs to the media shall be consisCent with the guidance
belaw:
�urpose ci ;�ae 4�:AC Program
'I`he missior; of the Intemet Crimes Against Children (ICAC) Task Force program is to
assist stato gnc� iccal law enforeement ageneies in developing an effective response to
cyber cntzu�.ne3u and child pornography cases. This support encompasses forensic and
investigativc coznponents, training and teehnical assistance, victim services, prevention
and cvmnlucity education.
l�acdcgr�,<;,,t ,r,: Ehek�t4� P'rogram
The inten�;; <;ri�nes Against Chi]dren (ICAC) program is a national network of fifty-nine
coordinat.�<i ��ea1 task forces and their 1,8001oca1 and regional affiliated agencies
eng�ged i., :>tn �,roactiva �;�d reacrive investigations, forensic examinations, effective
prosecati;;�,,� a��c cammunrty education.� The ICAC Program was developed in response
to the inci cr. ;iTag itumber of chiidren and teenagers using fhe Intemet, the proliferafion of
chiid parz�o and ttie lieightened online activity by predators searching for
uilsupen r.e,J eo=lfact with underaae victims, By helping state and locallaw enforcement
agencies ve, clop effectioe and sustainable responses to online child vicrimization and
ehilrl porn���;aphy, tl�e ICAC program delivers national resources at the local level.
', }�e iF� �,� _. ,, y-1,n aetively protecis children who use the Intemet by proactively
investigai�r�_: �(�e on-line sexual exploitation of children by predators. Because ICAC
gract:�to?:� ��- : n�`e; stand that arrests a➢one can not resolve the problem of
on-l�ae �;;t., �;; �t,�n, tt�E ICAC program is dedicated to training law enforcement and
educa ir�� ,-; a, e�,te and yontl� about the potential dangers online and offering safety tools.
[C:AC Progrttm (Jperatior�al and Investigative S'tandaYds
�'012 LAW ENF�RCIEMENT PURPOSES ONLY
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