09-370Council File # ��' 3 ��
Green Sheet #3067406
CITY
Presented by
RESOLUTION
SAINT PAUL, MINNESOTA
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1 RESOLVED, that the City of Saint Paul, Police Department, is authorized to enter into the attached Joint
2 Powers Agreement, which has an indemnification clause with the City of Cloquet acting through its Police
3 Department for participarion in the Internet Crimes Against Children Task Force. A copy of said
4 agreement is to be kept on file and on record in the Office of Financial Services.
by the Office of Financial Services
Adopted by CommcIl: Date '`��/ff��d-l1
Adoption Certified by Cou cil Secretary
By: � � �
Approv y a Date /7 �d�
By: L--��--
By:
Approved �ty Attorney �
By:
Approved ayor fo Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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; DepartmentlOfficelCouncil: , DatelnRiated: i Green Sheet NO: 3067406
� Pp _POliceDepartment j 03MAR-09
� Contact Person & Phone:
, ChiefJOhnHarrinpton
26&5588
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� Must Be on Council Agenda by (Date):
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�� Doa Type: RESOLUTION
E-DocumentRequired: Y
Document Contact: Evette Scarver
Contact Phone:
Topl # of Signature Pages � ( Clip A ll L for Sig
Action Requested:
Signatures on the attached council resolution authorizing the City of Saint Paul, Police Department, to enter into the attached Joint
Powers Ageement with the City of Cloquet, acting through its Police Depatpment.
Recommerdations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts MustAnswerthe Following Questions:
1. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this persoNfirm 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.
�� {nitiating Problem, Issues, Opportunity �VJho, What, When, Where, Why):
� The City of Cloquet Police Department will particpate in the Intetnet Crimes Against Children (ICAC) Task Force of the Saint Paul
� Police Deparknent. Authorization is needed to enter into the attached agreement.
Advantages If Approved:
Opportunity to use grant funds to parinership with the City of Cloquet Police Departrnent to combat internet crimes against children.
Disadvantages If Approved:
None.
Disadvantages if Not Approved:
Lost opporiunity to use grant funds to pa,r[nerslup with the City of Cloquet Police Department to combat internet crimes against
children.
Total Amount of
TrensaMion:
Funding Source: 436
CostlRevenue Budgeted:
Activity Number: 34056
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Financial Information:
(Explain)
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March 3, 2009 11:16 AM Page 1
GS 3067406
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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 "AgreemenP') is between the City of Saint Paul, acting through its Police
Department (Grantee) andCity of Cloquetacting through its Police Dept. (hereinafter
"Undersigned Law Enforcement Agency") both which aze empowered to enter into joint powers
aa eements pursuant to Minn. Stat. § 471.�9, Subd. 10 & 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 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
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 Agreement as E�chibit
A) disbursed by the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") in
Washington, D.C. to assist law enforcement in investigating and combating the exploitation of
children which occurs through the use of computers by providing funding for equipment,
training, and expenses, including travel and overtime funding, which are incurred by law
enforcement as a result of such investigations; and
Whereas, the OJJDP Intemet 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
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
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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
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 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 duty of that employment, and therefore, are covered by the
Workers Compensation programs of that employer; will be paid by that
employer and entitled to that employer fringe benefits; and
6. The Undersigned Law Enforcement Agency shall submit all requests for
undercover ICAC related operations in writing to the Commander of the
Minnesota ICAC Task Force for presentation to the OJJDP ICAC Task
Force Board of Directors; and
7. The Undersigned Law Enforcement Agency must first submit a written
request for funds and receive approval for the funds from the Grantee to
receive any funds from the Grantee; and
8. The Undersigned Law Enforcement Agency must supply original receipts to
be reimbursed on pre-approved requests; and
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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 far statistical reporting purposes; and
10. 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 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 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 Minnesota ICAC Task
Force and the Saint Paul Police Department, or the Agency breaches the
Agreement.
a -3�v
Terms of this agreement:
This agreement shall be effective upon si�natures. 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. Hamngton,
Saint Paul Police De
Assistant Stf Paul Cit�Attorney
of Financial
By and Title
Aa_encv
Date
have executed the A¢reement on behalf of the
A encv and its�urisdictional eovernment entity
as required b�applicable articles, laws.
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Department of Justice
GS 3047406
Office of the Assisiant Attomey General
September 26, 2007
ChieflohnM Hamngton
City of Saint Paul
15 West Keilogg Boulevard
St Paul, MN SS l02
Dear Chief Hamngton:
Office of ]ustice Programs
Warhmg�on, D C 20i31
On behalf of [he Attomey General, rt is my pleasure to mform you tha� the Office of Jushce Programs has approved your
appLcation for Andmg nnder [he OADP FY 07 Buildmg [CAC Focensic Capac�ty m the amoun[ of $20Q000 foc Ciry of Sain[
Paul.
Encbsed you will find the Grant Award and Speaal Condinons documenu. 7his award �s subjec[ to all adm�nistrative and
finanaal reqmremrnts, mc}uding the timely submission of ai7 financial and prograrnmatic reporis, resolunon ot all interim
audit findmgs, and the mamrenance of a mimmum level of cash-on-hand Should you not adhere to these requ¢ements, you
wilt be in vmla4on of [he teans of this agreement and the award wJl be sub�ect ro termination for cause or other admimstratrve
acbon as appropnate.
If you havz quest�ons regardmg this award, please contact
- Program Questions, Jacquelme O'Reitly, Program Manager at (202) 514-5024; and
- Financial Qnestions, the OFfice otthe Comptroller, Cnstomer Service Center (CSC) at
(800) 458-0786, or you may contact the CSC at ask oc@usdoj.gov.
Congramlahons, and we look forward to working wifl� you
Sincerely,
.�� �����
,
Regma B Schofield
Assistant Attomey General
E�cLosuces
Exhibit A
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3 °�� "' Department of Justice
, � � Office of Justice Programs
�.�
- Office for Civil Rights
washmgmn. D C 10531
September 26, 2007
Chtef John M. Harrington
City of Samt Paul
IS WestKelloggBoulevard
St Paul, MN 55102
Dear Chief Hamng[on�
Congratu7anons on your recent award. In esiabhshmg finanaal assisrance programs, Congress hnked the receipt
of Federal fundmg to comphance with Federal avii ngh[s laws. The Office for Civ�l Righu (OCR), Office of
hsnce Programs (OJP), U.S. Department of Jusnce is responsible for ensunng that rec�pients of finanaal a�d from
OJP, �ts component offices and bareaus, the Office on Violence Agamst Women (OV W), and the Office of
CommuniTy Onented Policing Serv�ces (COPS) comply w�th appLcable Federal civii nghts s[atutes and
regulat�ons. We a[ OCR are available ro hetp you and your orgamzation meet the avil ngh[s reqmremenu that
come witL J�st�ce Depamnent funding.
Ensuring Access to Federally Assisted Programs
As you know, Federal laws proh�bi[ recipie�ts of financial uvstance from d�scnmmanng on the basis of race,
color, uational ongm, xehgion, sex, or disabihTy in funded programs or activit�es, not only in respect to
employment practices but also m the delivery of services or benefits. Fede�al lew also prohibtts funded programs
or acnwt�es Gom discnminating on the bas�s of age in the delivery of sernces or beneHts.
Providing Services [o Limited English Proflciency (LEP) Individuals
In accordanee with Departme�f of Just�ce Gmdanee penammg to Title VI of the Crvil R�ghts Act of 1964, 42
U S C§ 2000d, rec�pients of Federal financial assistance must take reuonable steps to provide meaningful access
to the�r programs and activihes for persons wrth lim�[ed Enghsh profiaency (LEP) For more mfoirnanon on [he
ci�d nghts respons�bihUes that rec�pien[s have in providmg language Services [o LEP indrviduals, please see the
website at httpd/www.lep.gov.
Ensuring Equal Treatment for Faith-Based Organizatlons
The Department of )usnce has published a regulation specifically per[aimng to the fundmg of fa�th-base3
a.gar.izahcns.::. genera:, the :eg,:lahcr., Participat�on ir, ,ushce Deparhaer,t Pros ams by.°.elig�cu
Organizations; Providmg for Equal Treatmen[ of all Justice Department Program Pamcipants, and known as the
Equal Treatrnent Regulahon 28 C F.R. part 38, requ�res State Admmistering Agencies to treat these orgamzations
the same as any other appliwnt or recipien[ The regulat�on proh�bits State Administering Agenaes &om making
awazd or grant administrat�on deasions on the bazis of an orgamzation's refig�ous chazac[er or a�liahon,
rel�gious name, or the rehgious composmon of its boazd of duec[ors
The regulanon also prohibrts faith-based organizations from using financial ass�stance from the Aeparhnent of
lusnce to fund inherently re6gous actrvities Whde faith-based orgamzatio�s can engage m non-funded
mherently reLgious acnvmes, they must be held separatety from the Department of ]ustice funded program, and
eustomers or benefiaanes cannot be compelled to paR�eipate m them. The Equel Treatmeut Regulahon also
makes clear that orgamzahons participating m programs funded by the Depaitment of Justice are not permrtted to
discrimmate m the provison of sernces on the basis of a beneficiary's re6gon For more mfortnation on the
regulahon, please sce OCR's website at http://www ojp.usdo�.gov/ocr/et£bo htrn.
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State .Adminisrenng Agenc�es and fa�th-based orgamzat�o�s shouid also note that the Safe Streets Act, as
amended: the \hcnms of Cnme Act, as amrnded; and the Javemle Justme and Delmquency Prevennon Act, as
amrnded, comain proMbitions a�amst discrimmarion on the basis of reU�ion m employment These employment
procisions have been spec�fically mwiporated mto 28 C.ER- Pan i8.1(� and 382(� Consequently, m many
circumstances, it would be impermiss�ble For Faith-based organi�znons seeking or receiving funding authonzed by
these s�atutes to have policies or practices that co�ition hmng and other employme»Erelated decisons on the
religion of appUcants or employees. Progams s�bject to these �ondiscnminauon prov�srons may be found on
OCR's webs�te at http.;/www.o�p.usdoj.gov/ocr/. Quest[ons about the regulanon or the statutes that prohib�t
d�scrim�nation m employment may be directed to this Office.
Enfcrcir,g Civi: Rights Laws
Alt recipients of Federal financ�al assisiance, regardless of the pamcular tundmg source, the amount of the grant
award, or the number of employces in the workforce, aze sub�ect to the prohibihons agamst unlawful
discdminanon. Acwrdingiy, OCR investigates rec�pienu that are the sub�ect of d�scnminatmn complamts from
both individuals and groups. In addit�on, based on regulatory criteria, OCR selects a number of rec�pienis each year
for compltance reviews, audits ffiat require recipients to subm�t data showmg that they are pro��ding sernces
eqmtably to all segments of their sernce population and that their employment pracnces meet equal employment
opportumty standards
ComQlying with the Safe Streets Act or Program Requirements
In addmon to these general prohibmons, an organization which �s a rec�pient of financial assistance subject to the
nondiscrimmation provisions of [he Omnibus Crime Control and Safe Sneeu Act (Safe Streets Act) of (968, 42
U.S C. § 3789d(c), or other Federal grant program requiremenu, must meet rv+o addmonal requiremenfs'(l)
compl}dng with Federal regulations pertaining to [he development of an Equal Employment Opportumty Plan
(EEOP), 28 C.F.R. § 42301-30fi, and (2) submrtung to OCR Findings of Discrimmation (see 28 C F R§§
42205(5) or 31 202(5))
1) Meeting [he EEOP Requiremen[
In accordance wrth Federal regulations, Assurance No 6 in the Standard Assurances, COPS Assurance No 8 B, or
cerlam Federal grant program requvements, your orgamzation must compty wuh the following EEOP reportmg
requirements.
If your orgamzahon has recerved an award for 5500,000 or more and has 50 or more employees (countmg both
Cult- and part-hme employees but exclndmg politioal appomtees), then it Lu to pxepaze an EEOP and subm�t u to
OCR for review within 60 days from [he date of this le[ter. For assistance m developing an EEOP, please
consult OCR's webs�te at http://www ojp.usdo� gw/ocdeeop.h[m. You may also requut teclm�cal ass�stance from
an EEOP specialist at OCR by dialmg (202) 6163208.
If your organization rece�ved an award between $25,000 and $SOQ000 and has 50 or more employees, your
organ¢ation snll has to prepare an EEOP, but rt does not have to submit the EPOP to OCR for rev�ew. Instead,
yo�r organizz*.ier. hss ?o maintaia the EEOP on fi!e z d mzke ,r ava+.lable £or re�„ew on ±equest I„ zdd,tion, you.
organizahon has to complete Sectton B of the Cert�fication Focm and re[um �[ to OCR. The Cemficanon Form can
be found at http:l/www.ojp.usdoj gov/ocdeeop.htm
If your organizat�on recerved an award for less than $25,000; or if your orgamzation haz less than 50 employees,
regardless of the amount of the award; ot if your mganizauon is a medical mst�mnon, educational mshmhon,
nonprofit orgamzation or indian tnbe, the� your organizanon is exempt from the EEOP requaement However,
your orgamzation must complete Section A of the Certificatton Form and retum rt m OCR. The Cemfieatmn Form
can be fo�nd a[ http:(7www ojp.�sdoj.govlocr(eeop.him.
2) Submitting Findinge af Discrimina[ion
In the event a Federal or State cwrt or Federal or State admmishative agency makes an adverse 6ndmg of
discrimmanon against yow organiza4on after a due process hearing, on [he ground of race, color, relig�oq na4onal
ongin, or sex, your organization must submit a copy of the Ending to OCR fot review
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Ensuring the Compliance of Subrecipients
if your orgamzahon makes subawazds to other agencies, you are responsible for assuring that subreciprenu aiso
comply vnth all of the applicable Federnl a�ai nghis laws, mcluding the reqmremenis pertaimng to developing
and submimng an EEOP, reporting Fmdings of Disrnmmation, and pro�'idmg lane age services to LEP persons
State agrncies that make subawazds must ha�e m place 5landazd grant usurances and review procedures to
demonstra[e that they are etFectively moni[onng the civi7 righ[s compliance of subrecipienu.
If we can azsist you in any way m fulfilling your crvii rightt responsibilines u a recipient of Federal funding,
ptease call OCR at (202} 307-0690 or visrt our webste at http;/(www ojp.usdo} gov/ocr1.
Smcerely,
�-/ a. �----
Michael L Alston
Director
cc. Grznt Manager
Financial Analyst
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�� �" p Departmentof)ustice � '
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, Office of Justice Programs �.
Of6ce of Juvenile Jusrice I i, encE i oF a �
� '. `�� .,° Cooperative Agreement
' "` - � 9 and Delinquency Prevention '
'� 1
t RECIPIE:2T DAME AKD A9DRESS Qndudmg 2ip Codc) 4. AW ARD h'IiMBEA� 2005-MGCX-K006
�— -- '_—"—__ —_ ____—
' GtyoCSmvtPaul ' �,
' 15NWes�KelloggBoulevard ,SPROIECTPERIOD.FROM 01/Ol/?005 TO 12312009 'i
� St Paui, �1T 55102 , ,
'i BUDGETPERIOD FAOM 01/OL2005 TO 1]Ji1,2009 '
"
� 46AWAR�DATE 09/262009 — �7.qCT10N r
� IAGRANI"EEIRSNENDORNO I 'B.SLPPLEMENI'NUMBER i Supplemental
I 416W552I 02
' � 9 PREVIOUS AWARD AMOUKT $ 950,000
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3 PROIECTTITLH I IO AMO�NTOFTHISAWARD 5200,000
I� MronesowCompute`Porrnt+csManagementlmnauve ` _ _ _ __,__I
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^ i � 1 L TOTAL AWARD S 1,150,000 --
�
I 12 SPECIAL CONDITIONS I
THE ABOVE G2ANT PROIECT IS APPROVED SUBJECT TO SUCH WNDITIONS OR UMITATIONS AS ARE SET FORTH
� ON THE ATTACHED PACE(S)
i 13 STATUTORYAUTHORITYFORGRANT I
i Th�s pro�ect �s suppoered vuda Pub L No 110.5, embedded seos I01-104, A�b L No. 109-I08, 119 ScaL 229Q 223Q 42li S C 3760-3962e as m �
effect on Sepc 3Q 2006 (FY 200] "Byme Diso�elionary")
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15. M6THOD OF PAYMENT
� PAPRS
�� AGENC YAPPAOV AL _
I 16 TYPED NAME AND TITLE OF APPROVING OFFICIAL
RegmaB Schofeld
� Asvsteni Anoroey Gene�el
I7 $IGNATUAEOFAPPROVRJGOFF]CIAL
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� GRA1fTEEACCEPiANCE —
IS TYPEDNAMEAi�DTITLEOFAU7HORIZE�GRANTEEOFFICiAL
John M. Ramngtos
Chuf of Pohce
19 SIGNATIiRE OF AOTHOffiZED RECIPIEM OFFICIAL f I9A DATE
AGENC YliSEONLY �
20 ACCAUNTINOCLASSIFiCATIONCODES
FISCAL FUND BUD DIV.
YEAR CODE ACT OFC REG. SUB POMS AMOUNT
X B D6 90 00 00 200000
O7P FORM 40002 (REV 5-89) PREVIOIIS EDIl]ONS ARE OBSOLETE
21 D60JTp0031
OIPFORM4000/2(REV 4-88)
69���D
��"�"` DepamnentofJustice
'�: Office of Jusuce Programs
s �
' � Office of Juvenile
' "" � _ ^ 3ustice and Delinquencv
�I �"°'' Prevention
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� Pft07EC7NI,T�.tBER 2005-MGCX-K008
1 -- _
AWARD COVTINliATIO�'
SHEET
Cooperatire Agreement
AWARDDATE 09/264007
SPECIA/. COND/TIONS
PAGE 2 OF 3
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L The recipiem agrees to comply with the financia] and admimstrative reqw:ements set fonh m the cunent edition of the
Office of Jus[ice Programs (OJP) Finanaal Gmde.
2 The recipient acknowledges that Fa�lure to subm�t an acceptable Equal Employment Opportumty Plan (if rec�pient is
required [o submit one pursuant to 28 C F R. Sect�on 42.302), that �s approved by the Office for Crvil ILghu, �s a
violanon of iis Certified Assurances and may resuit m suspension or tertninanon of fundmg, untd such nme as the
ieapiem is in comphance.
3. The reapient agrees to comply w�th [he orgamzational audit requirements of OMB Cvwlar A-I33, Audrts of States,
Local Govemments, and Non-Profit Orgamzahons, as further descnbed in the curtent ed¢ion of the OJP Financtal
Gmde, Chapter 19.
4 Recipien[ undersrands and agrees [hat rt cannot use any federal funds, either d�rectly or indirectly, m suppon of the
enactrnent, repeal, modificat�on or adophon of any Iaw, regulahon or policy, at any level of govemment, without the
express pnor wntten approval of O7P
5. The applicant budget is pending review or approval. The reap�ent may not obl�gate, expend or draw down any grant
f�nds untd the Office of the Comptroller, Office of Justice Programs has �ssued clearance of the apphcation budget, and
a Grant Ad�ushnent Notice has been issued removing th�s spectal wndmon
6. The Prqect Daector and key program personnel designated m the application shat( be replaced only for compelhng
reasons and with the concuaence of 07P OJP wil( not unreasonably wrthhold concurrence All successors to key
personnel must be approved, and such approval is contingent upon submission of appropnate mfortnation, including,
but not limited to, a resume. Changes in other program pecsonnel requ�re only nonficat�on to OJP and submvssion of
resumes, unless otherwise designated m the award document.
7. The recip�eni agrees to submrt qvarterly financial stanis repores to the Office oC Justice Pzograms usmg Standard Fonn
SF 269A on the Intemet at https.//grants ojp.usdo�.gov These reports shall bz subm�tted on-Ime not later [han 4J days
after the end of each calendar quarter. The fival report shall be submitted not later than 90 days foltowmg the end of
the grant period
8. The recip�ent shall subm�[ sem�annual progress reports. Progress repoRS shall be submitted w�thm 30 days a8er the end
of the teporiing penods, which are Iune 30 and December 31, foi the hfe of the award These repons wi}} be subm�tted
m[he Office of Justme Progrems, on Lne-through the Intemet at https.//grants o�p.usdo).gov/
9 Appzoval of this award does not mdicate approval of any wnsultant rate m excess of $4i0 per day A delailed
�us46cation must be submitted to and approved by Che OfFce of Jusnce Programs (OJP) program office pnor to
obliganon or expenditure of such funds.
10. The recip�ent agrees to comply w�[h the ICAC Tuk Force Program S[andazds as esiablished by the ICAC Task Force
Advisory Board and approved by OJJDP.
I i. The reapient a�ees m fotwazd reports of ICAC Task Force Program Monthly Performance Measures to the OADP-
des�gnated site
O1P FOAM 40002 (REV 4-88)
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Department of 7ustice
OfSce of Iustice Progrums
Office of Juvenile
Justice and Delinquency
Prevention
01-���
AWARD CONTINTJATION
, SHEET I rnce 3 oF s ,
Cooperative Agreement �
I
�� PAO]ECTNUMHER 200S1-1C-CX-K008 — — AWARDDA"IE �926/2009 ` '— — — —
�, SPEC/AL CONDITIONS �
�� 12. The Office o(7wemle Justice and Delinquency Prevention has elected to enter mto a Cooperative Agreement ra[her ,
�� than a gant with the recip�ent. Th�s dec�sion reflecis the mutual interest of the recip�ent and OJJDP m the operation of
i th r t !l th f" t d I I f F d l I " th " t O]IDP' l '
e p o�ec as we as e an �apa e eve o e era mvo vement m�s pro�ec , s pamcrpatory ro e m the
pro�ect is as follows:
a. Review and apprpve major work plans, mcluding changes to such plans, and key decisions peRaming to pro�ect
operat�ons.
b Review and approve ma�or project generated documen[s and matenals used m the proviswn of pro�ect servues.
Prov�de guidance m sigmficant pro�ect plannmg meetmgs, and partcipa[e in pro�ect sponsored trainmg evenu or
conferences.
—
—'_—_ _ _ ' `—
OJP FORM 4000�2 (REV.4-88)
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�'��'� Department of Justice
; _� � � Offtce of Justice Programs
c; "-�.:.....N` 5;:
--:, :�= O�ce ofJuvenile Justrce and Delinquency Prevention
Wuhmgmn, D C 1D531
Memorandum To: Official Grant File
From: Kathy Grasso, Nepa Coordinator
Subjec4 Categorical Exclusion for City of Saint Paul
The rec�pient agtees to assist OJIDP to comply with the National Environmental Policy Act (NEPA) and
other related federa! environmental impact analyses requirements m the use of these grant funds either
directly by the recipient or by a subrecip�ent. Accordingly, prior to obl�gating grant funds, the grantee
agcees to first detertnine if any of the following actrvities will be related to the use of the grant funds and,
if so, to advise OJJDP and request fur[her NEPA implementation guidance. Recipient understands that
fhis special condition applies to its acUvities whether or not they aze being specifically funded with these
grant funds. That is, as long as the activity is being conduc[ed by the recipient, a subrecipient, or any
th�rd parry and the activity needs to be undertaken m order to use these grant funds, this special condition
must first be met. The activities covered by this special condition are: a. new constcuctron; b. minor
renovation or remodeling of a property either; (1) listed on or eligible for ]istfng on Yhe National Reg�ster
of His[oric Places or; (2) located within a 100-year flood plain; c. a renovation, lease, or any other
proposed use of a building or faeility that will either, (1) result in a cbange in its basic prior use or; (2)
significantly change its size and; d. Implementation of a new program involving the use of chemicals
othec than chemicals that are; (I) pumhased as an incidental component of a funded activiTy and;
(2)traditionally used, for example, in office, household, recreational, or education.
oy-3�o
��-_�-., y Department of Justice GRANT MANAGER'S i11EMORAIVDL'�'I PT. I:
f' .-- _ OffccoflusbccPmgams � �
� PROJECT SUVIMARY
. ` " Office of Juvenile Justice and
i t o.
� ��;�;,,�, Delinquency Prevent�on CoOpC�3tive Ag�¢eal¢Ilt
��'�.. �xi:�''" - .
, PR07ECT NGMBER
PAGE 1 OF 1
� , 2005-MC-CX-K008
� Ihs prqttt is supportcd under Pub L No ll0-5, embedded sccs 1C1-704; Pub L No. 109-108, 119 SaL 2290, 22i0; S2 U S C 3"]6C i752a as m
, cffrct on Sept 30.?006 (fY 200] "Symc Awreuonary")
I I 1 STAFF CONTACT (Namc & telcphonc number)
� 7acqueLne O'Reilly
I (202)514-5024
la TITLE OF THB PROGRAM
O1JDP FY 07 Bmidmg ICAC Pomnsc Capaaty
4 TITLE OF PROIECT
Mmnesotz Computer Fo�ensea Mavagemcn[ Imhabve
I
I 5. NAME & ADDRESS OF GRANTEE
I
Qty of Sam� Paul
' IS Wes[KelloggBoulevazd
St Pev7, ARJ 55702
�
, 7 PROGRAM PERIOD
�i FROM 01/012005
ro iv3vzoos
; 2 PROSECT DIRECTOR (tiame, address &�clephone numbcr)
Ne�l Nelson
Commander
I 3fi7 Gm�e Sheet
St Pau1,MN 55101
(6SI)793-1045
3b POMS CODE (SEE MS7AL'CTIONS
ON REVERSE)
6. VAME & ADRESS OF SUBGRAMEE
8 BUDG£TPERIOD
FROM_ 01/Ol/2005 TO 128V2009
i
i
i
1
I
_ �
I I
I
9 AMOUNTOFAWARD
3 200.000
1 L SECAND YEAR'S BUDGET
73 THIRDYEAR'SBUDGET
IO.DATEOFAWARD
09l26l2007
12. SECOND YEA2'S BUDGET AMOUNT
S4. TH1KU Y tAK'S BUllIiY t AMUUN 1
15. SL'MMARY DESCRIPTION OP PROJECT (Sce mswcaon on mverse)
The ICAC program �s a na[mnal neN+ork of mulh-agencg mult�-�unsdmtional task fo¢es engaged m proactive mvesnga[mns, forcnsm
ezammahons, and cffectrve prosccuhons Addit�onalty, the task forces prov�de forcns�c, prevent�oq and mvest�gabon ass�stance m pamn�s,
educamrs, prosccutors, Iaw rnforcement, and otAers concemed w�th chdd vrthm�za�on issues.
Supplemental funrLng �s be�ng promded for �he purpose of dcvelopmg and �mpicmenhng sUateg�es to buld the Task Foses' capacity [o handle
Corensm �mestigatiovs and reduce Porensic backlogs C�CF
I
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OJP FORM 400U12 (R8V A-88)
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LAW ENFORCEMENT SENSITIVE
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GS 3067406
Internet Crimes Against
Children Program
OPERATIONAL
AND
INVESTIGATIVE
S TANDARD S
Exhibit B
ICAC Program Operational and Investigative Standards
i'OR LAW ENFORCEMENT PURPOSE5 (3NLY
Page 1 of 15
LAW ENFORCEMENT SENSITIVE � �
Definitions
As used herein, the following definitions shall apply:
"OJJDP" is the Office of Juvenile Justice and Delinquency Prevention.
"NCMEC" is the I�Tational Center for Missing and Exploited Children.
"CEOS" is the Child Exploitation and Obscenity Section of the Criminal Division of the
Department of Justice.
"ICAC" is the Intemet Crimes Against Children program composed of Task Forces and
Affiliates.
"TASK FORCE" is defined 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 warking in partnership with
a Task Force and has agreed in writing to adhere to ICAC Operational and Investigative
Standards.
"PARTNER" is defined as an agency assisting a Task Force absent a written aa eement.
"NATIONAL INITIATIVE" is defined as any investigative proposal that relies on the
cooperation and resources of all Task Forces or mandates action by OJJDP.
"CVIP" is the Child Victim Identification Program operated by the National Center for
Missing & Exploited Children.
"CYBERTIPLINE" is a reporting mechanism for cases of online child sexual
exploitation and enticement operated by the National Center for Missing & Exploited
Children.
For the purposes of this program, crime is defined as any offense that involves the
exploitation of children facilitated by technology.
Investigative interest is established when there is reasonable suspicion that a screen name
or other potentially identifiable entity has committed a crime or 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 tazget, and requires online interaction and a
significant degree of pre-operative planning.
ICAC Program Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 2 of 15
LAW ENFORCEMENT SENSITIVE a���ZD
A reactive investigation involves the investigation of a complaint of a crime.
Reasonable suspicion is established when sufficient facts exist to lead a law enfozcement
officer to believe that an individual or organization is involved in a definable criminal
activity.
ICAC Program Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 3 of 15
�j-�j'l D
LAW ENFORCEMENT SENSITIVE
1. Oversight
1.1 Each ICAC agency shall have supervisory systems and procedures, which shall
provide for observation, documentation, and periodic review of ICAC activity.
Such system should comply with the principles of quality case management and
ensure that ICAC activities comply with both agency and ICAC Standazds.
1.2 Task Forces shall submit all proposed national initiatives to OJJDP 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
FOR LAW E1oiFORCEIWIENT PLRPOSES ONLY
Page 4 of 15
LAW ENFORCEMENT SENSITIVE D� ��1 D
2. Selection and Retention of ICAC Task Force Personnet
2.1 Managers and supervisors should evaluate prospective ICAC candidates for work
history that indicates prior investigative experience, court testimony skills, ability
to handle sensitive information prudently, and a genuine interest in the protection
of children.
2.2 Given the graphic nature of evidence routinely encountered in ICAC related
cases, the mental health of investigators working such cases is a great concem.
Task force supervisors at all levels are encouraged to make reasonable efforts to
ensure that all assigned officers remain fit for duty in accordance with applicable
departmental policies and procedures.
ICAC Program Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 5 of 15
D���J�l �
LAW ENFORCEMENT SENSITIVE
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
nominated for ICAC sponsored training are employed by agencies that have
agreed in writing to adhere to the ICAC standazds of investigation and that
any prerequisite requirements for the training session have been met.
3.3 ICAC task forces may give regional training. The training shall comply with
current ICAC standards. Any subsequent support required as a result of the
regional training shall be the responsibility of the task force providing the
training.
ICAC Program Operational and Investigative Standards
FOR LAW ElVFORCEMENT PURPOSES ONLY
Page 6 of 15
D1-��D
LAW ENF012CEMENT SENSITIVE
4. Case Management
4.1 Case Predication and Prioritization
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 subject interviews, documented public sources, direct observations of
suspicious behavior, public complaints, or by any other source acceptable under
agency policies.
41.2 ICAC supervisors are responsible for determining investigative priorities and
selecting cases for investigation. Assuming the information is deemed credible,
that determination should begin with an assessment of victim risk and then
consider other factors such as jurisdiction and known offender behavioral
ehazacteristics. The following prioritization scale shall be considered:
a) A child is at immediate risk of victimization
b) A child is vulnerable 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
photography with domiciled children
e) Aggressive, high-volume child pornography manufacturers or distributors who
either are commercial distributors, repeat offenders, or specialize in sadistic
images
fl Manufacturers, distributors and solicitors involved in high-volume trafficking
or belong to an organized child pornography ring that operates as a criminal
conspiracy
b� nESlnbiijQrc gnliC2tnrc �n� rnscecgnrc Qf:I::�bPS Qf C�:1�` Y�P.��Jb 3�h��
h) Any other form of child victimization.
4.2 Record Keeping
4.2.1 ICAC agencies shall be subject to existing agency incident reporting procedures
and case supervision systems. At a minimum, a unique identifier shall be
assigned to each ICAC case.
4.2.2 All affiliated agencies will report their activity to the respective Task
Farce Commander by the l Oth of each month using the ICAC
Monthly Performance Measures Report.
4.2.3 Task Forces will compile and submit their monthly performance
measures report to the O7JDP designated location before the end of the following
ICAC Program Operational and fnvestigative Standards
FOR LAW ENFORCEMENT PUI2POSES ONLY
Page 7 of 15
� ✓��
LAW ENFORCEMENT SENSITIVE
calendar month. This monthly report does not replace the semi-annual proa ess
report required by the Office of 7ustice Program's Financial Guide.
4.2.4 ICAC Case Tracker — Task Forces will compile and submit information on ali cases
referred for either state or federal prosecution. Information is required for all cases
referred 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 prosecutorial agency the case
is refened to and continues tluough the final disposition of the case. This on-going
quarterly report will be due within five (5) business days of the start of the quarter and
does not replace either the semi-annual progress report required by the Office of Justice
Progam's Financial Guide nor the quarterly statistical performance measures report (see
4.23 above). The report is submitted to icaccasetracker c usdo . ov and copied to the
ICAC Program Manager assigned to the task force.
4.3 Undercover Investigations
4.31 Carefully managed undercover operations conducted by well-trained officers are
among the most effective techniques available to law enforcement for addressing
ICAC offenses. Undercover operations, when executed and documented
properly, collect virtually unassailable evidence regazding a suspecYs predilection
to exploit children.
4.3.2 ICAC supervisors are responsible for ensuring that TCAC investigators receive a
copy of the ICAC Operational and Investigative Standazds.
4.33 ICAC investigations shall be conducted in a manner consistent with the principles
of law and due process. ICAC investigators are encouraged to work in
CCP.jki.CtiOR Wi�:2 �}i°,ii iOCul� SiBiB Ci f8u8fai YiOSBCuiv^IS. -
4.3.4 The following minimum standards apply to ICAC investigations:
a. Only swom, on-duty ICAC personnel shall conduct ICAC investigations in an
undercover capacity. Private citizens shall not be asked to seek out investigative
tazgets, nor shall they be authorized to act as police agents in an online
Undercover capacity.
b. ICAC personnel shall not electronically upload, transmit, or forward
pornographic or sexually explicit images.
c. Other than images or videos of individuals, age 18 or over, who have
provided their informed written consent, and at the time consent was given
were employed by a criminal justice agency, no actual human images or
videos shall be utilized in an investigation. Employee is defined as a
salaried or compensated individual.
ICAC Program Operational and Investigative Standards
FOR LAW E1�TFORCEMENT PUIFPOSES ONLX
Page 8 of 15
o���
LAW ENFORCEMENT SENSITNE
d. During online dialogue, undercover officers should allow the investigative
target to set the tone, pace, and subject matter of the online conversation. Image
transfer shall be initiated by the tazget.
e. Undercover online activity shall be recorded and documented. Any departures
from this policy due to unusual circumstances shall be documented in the relevant
case file and reviewed by an ICAC supervisor.
4.4 Evidence Pracedures
4.4.1 The storage, security, and destruction of investigative information shall be
consistent with agency policy. Access to these files should be restricted to
authorized personnel.
4.4.2 The examination of computers and digital media shall be consistent with agency
policy and procedure.
4.43 Child pornography is contraband and should be maintained pursuant to each
agency's policies regarding such. It is recommended that absent a court order
specifically ordering otherwise, evidence containing child pornography shall not
be released to any defendant or representative thereof.
4.4.4 The transfer of evidence containing child pornography among law enforcement
shall be done in a secure manner. Methods of transfer may include hand-delivery,
transmission of digitally protected files, delivery via a service which tracks the
shipment, or other methods consistent with agency policy and practices.
4.5 Workspace and Equipment
4.5.1 ICAC computers and software shall be reserved for the exclusive use of agency
�eS2a �utErl T(�A(�` " 1 7 ersor� el. �:en pQ&S.}`}C� �»r.derc�ver ce.^.:put SC.�li'2:��
and online accounts shall be purchased covertly. No personally owned equipment
shall be used in ICAC investigations and all software shall be properly acquired
and licensed.
4.5.2 ICAC personnel shali not use ICAC computers, software or online accounts for
personal use.
4.53 Absent exigent or unForeseen circumstances, ail ICAC online investigations shall
be conducted in government workspace as designated by the agency. Exceptions
must be approved in advance by an ICAC supervisor.
ICAC Program Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 9 of 15
�/�� J !D
LAW ENFORCEMENT SENSITIVE
5. Information Sharing
5.1 Conventional boundaries are virtuatly meaningless in the electronic worid of the
Intemet and the usual constraints of time, place, and distance lose their relevance.
These factors increase the possibility of ICAC agencies tazgeting one another,
investigating the same subject, or inadvertently disrupting an ongoing
investigation. To foster coordination, collaboration, and communication, each ICAC
agency shall contribute case information on all active investigations
(local, interstate, reactive and proactive) to a common database as designated by
OJJDP currently, referred to as the ICAC Data Exchange.
5.2 If any common tazget is identified, the initiating ICAC agency is responsible for
contacting the other law enforcement agency targeting the suspect.
53 Initiating ICAC agencies should also consader contacting other local, state, and
federal agencies which may be involved in similar investigations.
ICAC Program Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 10 of 15
�yj-�?D
LAW ENFORCENYENT SENSITIVE
6. Victim Identification
61 Identifying child victims is a critical element of the ICAC Program. DOJ and
OJJDP require all Task Forces to submit child victim images to the CVIP as a
means to improve child victim identification. Absent exigent circumstances, child
vicrim images will be sent to the CViP consistent with NCMEC guidelines. In
addition, ICAC agencies aze encouraged to collaborate with NCMEC to identify
children depicted in child pomography.
6.2 A focus of the ICAC Program is to protect children. In circumstances where
reporting of child abuse is not required under existing laws, ICAC agencies aze
strongly encouraged to report instances in which a chi]d may be at risk for abuse
or exploitation.
6.3 Absent exigent circumstances, victim identifying information should be protected
from public disclosure.
ICAC Progr-am Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLY
Page 11 of 15
D����D
LAW ENFORCEMENT SENSITIVE
7. V'ictim Notification
[New section to be drafted in 2009 about NSTICE FOR ALL Act Provisions that govem
victim notification.]
ICAC Program Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES ONLI'
Page 12 of 15
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I�AW ENFOgtCEMENT SENSITIVE
8. Best Practices for Interacting with Potential Child Victims and their Non-
Offending Fatnily Members
[To be developed in 2009.]
ICAC Program Operational and Investigative Standards
FOR I.AW ENFORCEMENT PURPOSES ONLY
Page 13 of 15
LAW ENFORCEMENT SENSITIVE �
9. Community Education and Crime Prevention
9.1 Prevention education activities are a critical component of the OJJDP ICAC
Program. ICAC agencies should foster awareness and provide practical, relevant
guidance to children, parents, educators, librarians, and other individuals
concemed about child safety issues.
9.2 Presentations to school staff, parents, and community groups are excellent ways
to promote awareness. These presentations shall not depict identifiable victims,
not otherwise in the public domain; nor shall they use pomographic or sexually
explicit images. Presenters shall not discuss confidential investigative techniques.
9.3 No member of an ICAC Task Force may endorse any product or service without
the express consent of an OJJDP Program Manager. While appearing at pub]ic
presentations, ICAC members may indicate a preference for a product ox service,
but to avoid an implicit endorsement, such ICAC members should indicate
adequate alternatives.
ICAC Program Operational and Investigative Standards
FOR LAW ENFORCEMENT PURPOSES O1�LY
Page 14 of 15
LAW ENFORCEMENT SENSITIVE P�'�j7D
10. Media Relations and Releases
10.1 Media releases relating to prosecutions, crime alerts or other matters concerning
ICAC operations shall not include information regarding confidential
investigative techniques and should be coordinated (when applicable) with other
Task Force participants, Federai law enforcement agencies, and State and local
agencies involved in the investigation consistent with sound information
management and media relations practices.
10.2 ICAC Commanders (or their designees) may speak to members of the media about
their own departments' ICAC-related activities according to their own agency's
guidelines. No individual affiliated with the ICAC program may speak on behalf of the
ICAC Program as a whole.
103 ICAC Commanders should inform their OJJDP Program Managers if approached by
national media outlets about the ICAC Program (as opposed to media seeking
information about local activities) so that a coordinated nationa] response can be prepared
by OJP.
10.4 Information provided by ICACs to the media shall be consistent with the guidance
below:
Purpose of the ICAC Program
The mission of the Internet Crimes Against Children (ICAC) Task Force program is to
assist state and local law enforcement agencies in developing an effective response to
cyber enticement and child pornography cases. This support encompasses forensic and
investigative components, training and technical assistance, victim services, prevention
and community education.
Background on the ICAC Program
Tne intemet Crimes Against Children (iCAC) program is a national nerivork oF fifty-nine
coordinated local task forces and their 1,800 local and regional affiliated agencies
engaged in both proactive and reactive investigations, forensic examinations, effective
prosecutions and community education.i The ICAC Program was developed in response
to the increasing number of children and teenagers using the Internet, the proliferation of
child pornography, and the heigl�tened online activity by predators seazching for
unsupervised contact with underage victims. By helping state and local law enforcement
agencies develop effective and sustainable responses to online child victimization and
child pornography, the ICAC program delivers national resources at the local level.
The ICAC program actively protects children who use the Internet by proactively
investigating the on-line sexual exploitation of children by predators. Because ICAC
practitioners understand that arrests alone can not resolve the problem of
on-line victimization, the ICAC program is dedicated to training law enforcement and
educating parents and youth about the potential dangers online and offering safety tools.
ICAC Program Operational and Investigative Standards
FO1L LAW ENFORCEMENT PURPOSES ONLY
Page IS of 15