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09-871Council Fi1e # Q ' Green Sheet # 3073047 RESOLUTION SAINT PAUL, MINNESOTA �� Presented by 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 Srillwater, acting through its 3 Police Department far participation in the Intemet 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. Requested By: Approved By: Approv�e.d By: � Adoption Certif � by Council cretary gy; BY� i' �/jt1�u�/.1, %�SG,� Approved by Mayor: �ate ���-T� By: Y _ � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet ', DepartrneMlOtficelCouncil: � Date InitiaMd: , 0 � �� / Pp Police pepaRment ; 27 �,�� A9 ; Green Sheet NO: 3073097 � � Contad Person & Phone: � � Deoartment _ . Sent To Person InitiallDate ' ChiefJOhnHaRinqton � � 0 `Pohce_Department _ _ ., PohceD�artment __ ' 266-5588 � ' 1 �oiiceDeparhnent_ __ _ . Pohce�ar[ment___' __ _ ___ _- -_. _ .___ _ _ ' A55�9^ ''� 2 C�tyAttomeY._ __ - CrtyAttomey _ _ �—.__ � Must Be on Council Agenda by (Date}: , Number � 3�inanciai Services D�rec[qy FSO _ : For • -- _ _____ _ . _���°_ -_ _ - ` .. _ __. --- -- -' "- - ' ' - - � Routing , 4 Mayor's Otfice _ _ _ ' i Mayor _ _ _ I , Doc. Type- RESOLUTION i Order ', 5 �ouocil = _ _ � _ Cooncil � ' _ � 6 C�ty_Clerk �I C�tyClerk ' - --- --- - - _ �_ F _ ____ i ___- _ _ ___ -_ -_�.� ___ --. � E-DoCUment Required: Y �, � 7 Police Deparhnent __, Police Departmevt . ,___ _____,_ ' Documen! Contact Evette Srarvere i Total # of Signature Pages �(Clip All LI eations Por Sig � ,, Contact Phone: 266-5541 nature) ,� Action Requested: Signatures on the attached council resolurion authorizing the City of Saint Paul, Police Deparhnent to enter in that attached Joint i Powers Agreement with the Ciry of Stillwater, acting through its Police Deparhnent. � Recommendations: Approve (A) or Reject (R): i Personal Service Contrects Must Answer the Following Questions: � Planning Commission 1. Has this person/firm ever worked under a contract for this departmenC? CIB Commiftee i Yes No ' Civil Service Commission I 2. Has lhis person/firm ever been a city employee? Yes No � 3. Does this person/firtn possess a skill not nortnally possessed by any �� i cunent city employee? Yes No j � Explain all yes answers on separate sheet and attach to green sheet. � ..__ . _ . . L _ . __�-_-_-_-___________ . _-_ - _-_________--____ _____-__.-_ � Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ` The City of Stillwater Police Deparhnent will participate in the Intemet Crimes Against Children (ICAC) Task Force of the Saint Paul I Police Deparhnentt. Authorization is needed. . Advantages If Approved: Opportunity to use grant funds to partneiship with the City of Stillwater Police Depaztment. I ����� _ - - - - - - ----- -� ��� - - — DisadvanWges If Approved: I None. AUII� � '� ��1Q� -�^�,� � ��- --- - --- - - -- - - -- - -- --- ------ - -------------- �-- --- --- � � q` *?-= ' -- ' DisadvanWges if Not Approved: `" � " " � � x � " :. Lost opportunity to use grant funds to combat internet crimes against children. l i --- ------ - - - - - - - - -- -- - - ----- . _ - --- - -- --------- ----- --- ----- -- ---- ----- _ ----- I Total Amount of Transactiorc CostlRevenue Budgeted: ; Funding Source: 436 Activiry Number. 34056 Finaneial Information: � (Explain) I -- ____ __ _ - _. July 27, 2009 8:56 AM Page 1 / �/ Minnesota Intemet Crimes Against Children Task Force Multi-Agency Law Enforcement Agreement This Multi-Agency Law Enforcement Agreement, and amendments and supplements thereto, (hereinafter "Agreement") is between the City of Saint Pau1, acting Yhrough its Police Deparhnent (Grantee) and the City of Stillwater, acting throug�t its Police Department (hereinafter "Undersigned Law Enforcement Agenc�'} both which are empowered to enter into joint powers agreements pursuant to Minn. Stat. § 471.59, Subd. 10 & 12, and is further empowered to enter into this Agreement by Minn. Stat. § 626.76; and WheYCaS, 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 Whe1'eas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WheTeas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibit A) disbursed by the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime fixnding, which are incurred by law enforcement as a resuk of such investigations; and Whereas, the OJ7DP Internet Crimes Against Children ("ICAC") Grant Manager has been established representing each of the existing ICAC Task Forces to oversee the opexation 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: prevenfion, education and enforcement; and 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 laws, when conducring undercover operations relative to ICAC; and �� - �� 1 2. A11 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 qualificarions; and When a contributed officer of the Undersigned Law Enforcement Agency acts on the behaif 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 Enfarcement Agency's officer/sl; 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 empioyed 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 therefare, are covered by the Workers Compensation programs of that employer; wiil 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 wz 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 2 6�-��! 9. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander or his designee for statisticai reporting purposes; and 10. The Undersigned Law Enforcement Agency shall participate fully in any audits required by the 0J3DP; and 1 l. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources amongst the multiple entities; and 12. The Undersigned Law Enforcement Agency shaii 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 Enfarcement Agency shail provide the Minnesota ICAC Task Force Conunander in a timely manner ail 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 Deparhnent, or the Agency breaches the Agreement. d�,�� � Terms of this agreement: Ttus agreement shall be effective upon signatures. Nothing in this agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a member of the Agency. 3ohn M. Harrington, Chief of; Saint Paul Police Deparhnenf � Date Date Date Assistant St. Paul,CiryAttorney 09-871 aTQy iv�'roF f � r: � � T. g a _ c '. " �z � 0 oF,�� Eahibit A Department of 7ustice Office of Justice Pro�ams Office of the Assistant Attomey General washi„oron, D.c. Z0531 May 21, 2009 Chief 7ohn Harrinb on Ciry of Saint Paul 15 W. Ke11og Boulevard Saint Paul, MN 55102 Deaz Chief Harrington: On behalf of Attomey General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved , your application for funding under the FY 09 Recovery Aot Tnternet Crimes Against Children Task Foxce Program Grants Proa am in the amount of $701,346 for City of Saint Paul. Enclosed you will fmd the Grant Award and Special Conditions documents. This award is subject to a11 administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution oF all interim audit findings, and the maintenance of a minimum 1eve1 of cash-on-hand. Should you not adhere to these requlrements you will be in violation of the terms of this agreement and the award wiA be subject to termination for cause or other administrative action as appropriate. If you have questions regazding this awasd, please coneact -Program Questions, Will Bronson, Proa am Manager at (202) 305-2427; and -Financial Quesrions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look foxward to working with you. Sincerely, .�--����--- Laurie Robinson Acting Assiseant Attorney General Enclosures 09-871 �'� . Department of Jusfice _� a Office of Justice Pro�ams "`� `"`" � Office foe Civil Rights �vasa,,,g�o,,.n.c. zosst May 21, 2009 Chief 7olm Hazrington City of Saint Paul SS W KellogBoulevazd Saint Paul, MN 55102 Deaz ChiefHarrington: Congratulatioas on your recent awazd. In establishing financial assistance programs, Congress Iuilced the receipt of Federal fundmg to compliance wid� Federai civil righis laws. Thc Office for Civil Rights (OCR), Office of Justice ftograms (OJP), U.S. Deparanent of 7ust�ce is responsible for ensunng that recipients of fmancial aid from O.iP, its component o�ces and bureaus, [he Office on Violence Against Women (OVI�, and the Office of Conununiry Oriented Policing Services (COPS) comply with apphcable Federal crvil rigUis statutes arid regulations. We at OCR are ava7able to help you a�id your organ"varion meet the ctvil rights requiremenrs tf�at wme with Justice Department funding. - Ensuring Acress to Federally Assisted Programs As you know, Federal laws prohibit recipienrs of financiat assistance from discriminating on the basis of race, co(or, nationai origin, religion, sex, or disability in funded programs or activit�es, not only ui respect to employment practices but also in the delivery of services or benefitr. Federal law aLso prohrbits fianded programs or activities from discruninating on the basts of age in the dehvery of services or benefiis. Providing Scrvices to Limited English Proficiency (LEP) Individuale In accordance w¢h Depazfiient af Justice Guidance peIIaining to Tide VI of the Crvil Ri�hts Act of 1964, 42 U.S.0 § 2000d, recipients of Fede[at futanciai assistance must talce xeasmiable steps to provide meanmgfu] access to tlie'v programs and activilies for persons w�tli Ivmted English pmfieiency (LEP) For more infocmation on the civil rigLts respoasiUilities that cecipients have m providing language services to LEP mdividuals, piease see the website at htlp:((www.lep gov. Ensu�ing Equat Treatment for Faith-Based Organizafions The Department of Justice has pu6lvshed a ceguiation specifically pertaining to the funding of faith-hased orgazuzations. In generaL the regutation, PaRicipation in Sust�ce Department Pcogcams hy Religious Qcganiza6ons; Pmviding for Equal Treaanent of a!i 7ustice Depazanent Progcam Partieipants, a�td lmown as the Equal Treatment Regula[ion 28 C.F.R par[ 38, requices State Admiuistecing Agencies to treat tl�ese ocganizations 4�e same as any othec applicant or recipient The regulaiwn pxohibrts State Adtnmistering Agencies from making award or grant administration decisions on llie basis of an orgamzation's retigious chazacter oc affiliation, religious name, or flie religtous composibon of its boazd of d'vectors. � The regulation also pcohibits faiffi-bued organizalions from asing financiai assistance from tl�e Department of Sustice to fund inherentiy religious acrivities. While faith-based organizations can engage m non-funded uilterently reli�ious acLVities, they must be held sepazately from tl�e Deparhnent of Jvstice funded prograzn, and cusromers oc beneficiazies cannot be compelled to participate in them. I1xe Equal Treahnent Regulatioa also makes cieaz that otgazuzaaons participatu�g in prograzns funded by ttie Department of Justiee aze not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. F6r more v�foanazion oa the regulation, please see OCR's website at http:7(www.ojp.usdoj.gov/ocr/etrbo.lum. State Administeimg Agene�es and faith-based otganizahons should also note that the Safe Streets Aci, as amended; the Viaims of Crime Act, as amended; and the Suvenile Sustice and Delinquency Prevennon Act, as amended, contain prohtbit�ons against disccimination on the basis of re7igion in employment, Despste thesa nondiscrmin�ation pzovisions, the 3ust�ce Dep�trnent has oonetuded that tY�e Religioua Freedam Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to xeqmre that its funding agencies permit faith-based rnganizaUOns applymg for fundmg wider the appaicable pcogram statutes bofl� to receive DOJ funds and to continue considezin� religioA when hiring staff, even if the stalute that authonzes the funduia progam generally forbids considering of rehgion in employment decisions by grantees. Queshons aboutthe regulation oi the appliearion of RFRA to the statutes thatprohtbit disciiminarion in employment may be disected to this Office 09-871 Enforcine Civi1 Rights Laws AIl recipient5 of Federal Snancial ass�stance, regardless of the particular funding source, the amount of the gant awazd, or the number of employees in the worl�orce, aze subject to tlte prolubitions against unlawfiil discriminalion. Accordin�ly, OCR investigates recipienis tf�at aze the subject of discriminarion compiaints from both in&viduals and groups. In addition based on re,gulatory criteria, OCR selects a numbec of recipients each yeaz for compliance reviews, aucLts that require recipients to submit data showing that they are providing services equitably To all segmenzs of their service poputaROn and that their emptoyment pmcAces meet equal employxnrnt opportunity standards. Complying with the Safe Sheets Act or Frogram Requiremenfs In addition to these grneral pmlilbirions, an orgauizadon which is a recipient of financiai usisnnce subject to the nondiscr'vnu�ation provlsions of tLe Omaibus Crime Connol and Safe Streeu Act (Safe Streets Act) of 1968, 42 U.S.0 § 3789d(c), or otker Federa] gant progr.vn requirements, must meet two additional requirements:(1) complying with Federal rea lations pertaining to the development of azi Equal Employment Opportuniry Plan (EEOP), 28 C.B.R § 42301-308, and (2) submitting to OCR Findings of Discriminanou (see 28 C.F R. §§ 42205(� or 31202(5)). ' i) Meeting the EEOP Requirement In accocdance with Federal regu(aUOns, Assucance No. 6 in the Standazd Assurances, COPS Assueance No. &.B, or ce¢am Federai �a¢t progtam requuemerns, your organization must comply witl� the fotlov+ing HEOP reporting requirements: If your organivatio� has received an awazd foi $SQ0,000 or more and hu 50 or more employees (counvng both full- and part-time employees but excluding political appomtees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance m developing an HEOP, please consult OCR's website at 1�ttp:Uwww.ojp.usdoj gov/ocr/eeop htm. You may aiso request technicat assistance &om an EEOP specialut at OCR by dialing (202) 616-3208 If your organization received an award behveen $25,000 azid $SOQ000 and has 50 or more employeeS your organization shll has to prepaze an EEOP, hut it does not have to submit the EEOP to OCR foc review Instead, your oiganization has tomaintain the EEOP o» file m�d make it available £or ceview on reqaest. In additwn, you� oxganization has fo oQmpiete Sectiou B of the Certification Form and retum it to OCR. The Certification Fonn can 6e fou¢d at http:f/www.o}p.usdoj.gov/occleeop.htm. If yaur organization received an awazd fox less than $25,000; oi if your otganrzation has less than SO employees, regardless of ffie amount of the award; or if your organizalion is a medicat wstimtlon, educattonal mstiturion, nonprofil organization or Indian tribe, then yonr orgamzation is exempt from the EEOP requuement However, your organization must compiete Sect�on A of the Certification Fomi and retum rt[o OCR. The Certificatiov Form can be fouud at http.{Iwww ojp.us3oj.gov/oaleeop htm. 2) SubmittingFindingsofDiscrimination In the event a Federal or State court or Federal or State admimstrative agency makes an adverse fmding of discrimination against your organization after a due pcocess hearing, on die gound of race, color, religion, national origiq or sex, your organization must submit a copy of the finding to OCR for review Ensuring the Comp{iance of Subrecipients If your organ¢arion makes subawazds to other agencies, you aze responsible £or asswing that subrecipirnts atso cmnply w�th all of the appiicabie Federal civi] rigl�ts laws, mcluding the requirements pertainwg to developing and subm�tVng an EEOP, reporting FinBings of D3scrimination, and providing language services to LBP persons. State agencies ihat make subawards must have in place standud �a�rt assurances andreviewprocedures to demonsmte that they are effearively monimring tUe ciml righu complia�ice of subrecip�ents If we can assist you in any way in fvlfilling your civii rights responsib�lities as a recipient of Federal funding, piease call OCR at (202) 307- 0690 or msit our webs�te at hrip://www.ojp.usdoj gov/ocr/. Sincerely, �n� a. �-- Mic6aelL. Alston D'ueCtor cc: GrantManager Financial Analyst 09-871 '`� '�=- Department of Jusfice �-:�� OfiSceofJusiicePro� mc � ; ' OfficeoftheCluefFinancialOfficer . � _ d Washina on,D.C. 20531 May 21, 2009 Chief John Herrin�ton City of Saint Paut 15 W. Kellog Boulevard Saint Paul, MN 55102 Refeience GrantNumbec'. 2009-SN-B9-K�18 Deaz Chief Harzington I am pleased ro inform you that my office lias approved the following budget cat oories for the aforementioned o ant award an the cost categories identified below: Carzgosy Personnel Fnnge Benefits Travek Equipment Supplies Constmction Contractuat Other Total D'uect Cost Ind'¢ect Cost Total Project Cost Federal Funds.4pproved: Non-Federa] Share: Progtazn Income: Budget $205,603 $81,011 $19,500 $39,060 $0 $0 $307,2Q2 $46,030 $901,346 $0 $701,346 $701,346 $0 $0 Match is not cequiced for this grant prog�am. Atl Sole Source pmcutement ut excess of$100,000 requires wriflen justification andprior approval of OJP. 09-871 If you have quesrions regazding this awazd, p3ease comact - R�o�am Questions, Wiil BronSOn, Program Manager at (202) 305-2427 - Financial Questions, the Office of Chief Fixtancizl Officer, Customer Service Center(CSC) at (800) 458-0736, or you may wntact the CSC at askocfo@usdoj.gov. CAngcatulafions, andwe look fotwazd to working with you. Siucerely, /���-x��--�- Marcia K. Paull ChiefFinanciai Officer 09-871 j :-"'�'���� Departmentoflustice � ! �' <. OfficeofJusticeProgams I "� � Offlce of Juvenile Justice and PAGE � oF io i � .� Cooperafive Agreement I � '��`°�-""�.>' Delinquency Prevention I. RECIPIENTNATIE AND ADDAES$ (Includin,^� Zip Code) 4. AWARD h'UMBER: 2009SN-B9-K018 I CityofSaintPa�l I ' ISW.KeIlogBoulevazd 5 PROJECTPERIOD:F20M Q4(Ol(2009 TO 03/iVZ0L1 Seint Pavl, M�i' S5102 - BUDGETPEAIOD:FAOM 04/01/2009 TO 03/iI2011 6. AWARD DATE OS/212009 ], ACIION lA. GAAN'fEE IRSNENDORNO_ 8. SUPPLEMENT Nt3MHER ���a� 41GO0i521 � 9 PREV[OUSAWARDAMOUNT 50 3. PROJECT 7ITLE W. AMOONC OF THIS AWARD S 70I 34G Use of Rerovery Act Fwds to Support and EMance MiMesom ICAC 7ask ForreActivi6es Il. TOTALAWARD S 1Q1,346 12 SPECIAL CORffiTIONS THE ABOVE GAANT PROJECT IS APPROVED SOBIECT 70 SUCH COND(170N5 OR LIMITATIONS AS ARE SET FORTH ON 7HE ATTACHHD PAGE(S) 13. STAPU"CORY AIJTHORITY FOR GRANT This pro�ett is supported wder FY09 RecoveryAct (OIIDPdCAC Imtiatirres) Pub L No. 11I-5, 42 OSC 1"l601-17617 IS ME?HODOFPAYMENT PAPRS AGENCY APPROVAL GRANTEEACCEPTANCE 16. TYPED NAME AND IlTLE OF APPAOVING OFFICIAL 18 TYPED NAME AND TITLE OFAOTHOAIZED GRAN'IEE OFFICIAL Laur�e Aobmson 7ohv Hamngron Achng ASSsstan[ Attomey Geneml Chief o£Po7ice 17. SIGNANRE OF APPROV[NG OFFICIAL �9. SiGNA7'URE OF A07HORIZED RECIPSENT OFFICIAL 19A. DA7"E � � � AGENCYUSEONLY 20. ACCOUNTING CLASSIFICA2ION COD£S 21 ISNTG7W86 FISCA[. FUND BOD. DIV. YEAR CODE ACT QFC. REG. S[]B. PQMS AMOUNY 9 B SN 90 00 00 701346 OR' FORM 40o�R (REV. 5-87) PAFNIOUS EDI5ION5 ARE OHSOLEI'E O1P FORM 4000/2 (REV.488) 09-871 "�-=-_ DeparimentofJustice _ "— ��1CC OfJI15hCCpZO�amc �. ;p �= f OfSce of Jovenile Sustice and i' � •''°%�xP;y DelinquencyPrevenfion ,,\ ��� PROffiCLNliMBER 2�09-SN-B9-KOl% AWARD CONT`INUATION SAEET Cooperafive Agreement AWARDDA"L6 05252009 SPECIAL CONDZTIONS PAGE 2 OF 10 1. Tlie recipient agrees to comply with the fi�ancia] and administrative requuements set forth in the current edition of the O�ce ofJustice Programs (OJP) Financial Guide. , � 2. The recipient acimowledges that faflure to submit an acceptable Equal Employment Opportunity PIan (if recipieni is required to submit one pursuant to 28 C.F.R Section A2302), ttiat is approved by ffie Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or temtination of fvndm�, unti] such time as ti�e recipient is in compliance. 3. The recipient agrees m wmply wiil� tUe organizatlonal audit requirements oF OMB Qrculaz A-li3, Audits of States, Local Govetnments, and Nnn-Profit Organizations, as fiuther described m fl�e cunent edition of the OIP Financial Guide, Chapter 19. 4 Recipient understands and agrees that it cannot use any fedemL funds, either direclly or induecUy, m support of the enactrnent, repeal, modificatian or adoprion of avy 1aw, regulaiion or policy, at any level of govemment, vriUiout the express prior written approval of OJP. 5. RECOVERY ACT— Conflict wifli 0ther Standud Teans and Conditions The recipient understands and agrees that all other terms and conditions contained iv this award, or in applicable OJP gazn policy statemeuts or guidance, apply uniess they conflict or are superseded by the teans and conditions mcluded i�ere that specificaily implement the American Recovery and Reurvestment Act of 2009, Public Law 111-5 ("ARRA" or "Recovery Act") requirements. Recipients are zesponsible fox contacting their gcant managers for any needed claziScations. 6. Prior to the expenditwe of confidentiat fiutds, Ihe recipient and any subrec�p�en[s agree to sign a certtfication indicatmg that he or she has read, understands, and agrees to abide by a11 of the conditions pertaini�g to confidentiai fund expendituces as set forth in ihe 07P Financiai Guide. 7. The recipient agc'ees to coopecate with any assessments, natioval evaluation effarts, oc ivfonnation or data collection requests, inctuding but not Ivnited to, the provision of any infonnarion required for tlie assessment or evaluation of any acrivities within this project. O1P FORM 4000/2 (AEV. 4-88) 09-871 "-�. DepartmentofSusace g �--�.�=�`. Office of 3ustice Progams � Office of Juveuile Justice and '.�, `.����� `� ,� Delinquency Prevention PAOJECTNliMBER 2009-SN-B9-K018 AWARD CONT�IJATION SHEET Cooperative Agreement AWAADDATE OS/21/2009 SPECIAL CONDITIONS PAGE i OF ]0 8. Wiihin 45 days after the end of any conference, meering, reKeay seminac, symposium, tzaining acUViry, o[ similu event funded under this awaid, and die total cost of which txceeds $2Q000 in award funds, the recipient must p[ovide tUe program manager with the following mfomiation znd itemized costs: I) nazne of event; 2) event dates; 3) locatron ofevent; 4) number of federal attendees; 5) num6er of non-federal attendees; 6) costs of event space, includ'vig rooms for breakout sessions; 7) costs of avdio visnal services, 8) ofk�er equtpment costs (e g, computer fees, telephone fees); 9) costs of printinn and distribulion; 10) costs of ineals provided during Uie event; t 1) costs ofrefreshmenis pcovided durtngthe event; 12) costs of event plannei, 13) costs of e�ent facihfatocs; and 14) any other cosu associated with the event. Tl�e recip�ent must also itemize and report a�y of die following attendee (inciudi�g participants, presenters, speakersj costs that are paid or reimbursed will� cooperative agreement funds I) meals and mcidental esp�nses (M&IE ponion of per diem); 2) lodgu�; 3) ffansportation toffrom event locarion (e.g., crnnmon caaie� Pdvately Owned Ve[iicle (POI�), and, 4) locai transportarion (e.g., rental caz, PO� at event locahon. Note that if any item is paid for vnfli registra5on fees, or any other non-award fimding, then ffiat portion of tHe expense does not need to be reported. OJP will provide further mstrucrions regazding tlie submission of this data at a later tune 07PFOAh94000/2(REV 488) os-s�i —� ;°� ����tofa�� ,,��'i��-� Officeof3uslicePrograms Office of Juvenile Justice and ���'°��'';,.,-'� DelinquencyPreveation ':.�_: PROIECTNUMSER 2009-SN-B9-KO18 AWARD COn'i'INUATION SHEET Cooperafive Agreement .awn�nn�re osrzinoo9 PAGE 4 OF 10 SPECIAL CONDITIONS 9. The Pmject Duector and key pro�am personnei designated in the application shall be rep3aced only for compelling reasons and with tUe concucrrnce of OIP. OJP will not unreuonably withhold conaurence. All successors to key personnel must be approved, and sucl� approval is contingent upon submission of appmpriate infoimation, includin�. but not 13mited to, a resume. Changes in other pro�azn personnel requve only notification to 07P and subm�ssion of resumes, unless otherwlse designated in the awazd document. ] 0. No portion of these federal grant funds shali be used towuds any part of the azmual cash compensation of any empioyee of the �antee whose total annual cash compensation exceeds 110% of the mav.imwu salazy payable to a member of flie Federal govemmenYs Semor Exewhve Service at an agency wi[li a Certified SES Perfomtance Appraisal System for Ihat yeaz. I1. ICAC Annvat Reports The recipient agrees to submit annual xeports to OJP that set forth the following. (A) Staffing levels of the task force, including the number of investigatots, prosecutors, education specialists, azad foreusic speciatists deticated to investigating and �osecuting Intemet aunes ae inst children. (B) Investigaeion and prosecurion perfom�ance measures of the task force, 'v�cluding-- (i) llie number of i¢vestigations inivated related to intemet czmxes against children; (ii) the number o£ anests related to Intemet crime's against children; aud (iii) tt�e number oFprosecutions forintemet crunes against childxen, including-- (Ij whether the prosecuUOn resutted in a conviction for such crime; and (R) ffie sentence and the statutory maximum for such crime under State law. (C) The number of refenals made by ffie task Force to the United States Attomeys o�ce, including whetlier the refenal was accepted by the United States Attomey. (D) Statistios 8iat account for the dispos+tion of invesngations that do not result in anests oi prosecurions, such as refeRals to oUier Iaw enforcement. (E) The number of investigative technicat assistance sess�ons that the task force provided to nonmember law enforcement agencies. (F) The number of computer forensic exaniinations that the rask force compteted. (G) Tire number of law enforcemeut agencies participatmg iu InCemet crimes agamst ohfldren progam sta�idazds established by die task force. 12. Ti�e recipient agrees to forward reports of ICAC Task Porce Prograzn Montlily Perfomiance Measures to the 0J7DP- designated site. 13. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Stuidazds 14. The O&ce of Juvenile Juslice and Delinquency Prevenhon has elected to enter mto a Cooperative Av eement rather Uian a grant wltli the recipient. This decisiou reflects ffie mulual ittierest of the recipient and OJJDP in ihe operation of the pioject as weli as the anricipated level ofFederal involvement in ihis pzoject. 07IDYs pazticipatory role in the pro�ect is as foliows: a. Review and approve major work plans, includmg ebanges to such plans, and key decisions pertauiing to project operations. U Revtew uid approve major project geuzrated doeumenf5 and matenais used in tUe provision of project services. Provide guidance in significant project planning meetmgs, and pazticipate ia project sponsored haining events or conferences. 07P FOAM 40002 (AEV. 4-881 09-871 w ^ - �`--;�� Deparimentof7ustice : � ' OfficeofJusticeProgram¢ f ��, ;�� .; Office of Juvenile Jusfice and :'�'N � �. �=� — Aelinquency Preveufion _' :` —._ . PROIECTNUMBE2 2009-SN-B9-KO18 AWARD CONTTNiiATION SI3EET Cooperative Agreement AWAADDATE 0521/2009 PAGE i OF 10 SPECIAL CONDITIONS 15. The recipient shall submit semiannual pro�ess reports. Progress reports shali be submitted within 30 days a8er the end of the reporting periods, wl�ich are 7une 30 and December 31, for the life of the awazd. These repoRS will be submitted to the OfSce of7ustice Progarns, on line-flvough tUe Intemet at https:/tgrauts.ojp.usdoj.gov/. 16. RECOVEAXACT—AccesstoRecords;Interviews The recipient uvderstands and agrees that DOJ (including 07P and the Office of the Inspeaor General (OIG)), and its representalives, and the Govemment Accountabiliry Office (GAO), shail I�ave access to and the right to examine al] records (3ncluding, but not limited to, books, papers, and dowments) related to th�s Recovery Aa awazd, including such records of any subrecipient, contractor, or subcontractor. Tlie recipiert aiso understands and agrees tUat DOJ and ihe GAO aze autixodzed to interview any officec or employee of the recspient (or of any subrecipient, contcactor, or subcomractor) regarding hansactions related ro tl�is Recovery Act awazd. 17 RECOVERYACT—One-timefimding The xecipient understands a�id agiees fk�at awards undez the Recovery Act wilL be one-time awards and accordmgly that its pcoposed pmject achviries and delivecables ace k� he accomplished without addifional DOJ fund'wg. 18. RECOVERY ACT — Sepazate Tiacking and Repozting of Recovery Act Funds uid �utcpmes The recipient agrees to hack, account for, azid report on all fimds from this Recovery Act awazd (including specific outcomes and benefits atuibutabie to Recovery Act funds) sepazately from ai] other fimds, including DOT award funds from non-Recovery Act awazds awarded for the same or similu purposes or programs (Rewvery Act funds may be used in conjunedon with offier fundin� as uecessary Yo complete projects, but iracking and reportmg of Recovery Act funds must be sepazate ) Accordingly, the aceounting systems of the reciptent and all subrecipients must ensure that funds from this Recovery Act award are �ot conunmgied with funds from any otUer source. The rempient fw1her a�m'ees that all peisonnel (including subrecipient personnel) wUoae actrvities aze to be chazged to the award wiIl mamtau� vmesheets to document hours worked £or activities ielated to this award and non•award- related achviries. 19 RECOVERYACT—Subawards—Mouitoring The recipient agrees to monitor subawazds under ihis Reeovery Act award m accordance wrth all applicable statutes, regulations, OMB circulars, and guidelines, mcluding the OJP Financial Guide, and to mclude the applicable ennditious of this awaxd m any subaward. The reciprent is responsible for oversight of subcecipient spending azid monitoring of specific outcomes and benefits attributable to use ofRewvery Act funds by suUrecipients. The recipient agzees to submit, upon requesS documentation of iis policies and proceduces for monitoring of subawatds under this awazd. 20 RECOVERYACT—Subawazds—DiJNSandCCRforReporting The iecipirnt agcees to work witU its fitst-tiex subrecipients (if any) to ensure Ihat, no latec than [he due date of the reeipienYs first quarterly report aftec a subawazd is made, Ute subrecipient has a valid DI1NS profile and has azi active registration with the Cenhat Contractor Registration (CCR) database. OIP PORM 4000/2 (AEVA-88) 09-871 : �>, nepamnencofJusrice r�� ��';, OfficeofJusticePrograms €' 3 Office of Juvenile Justice and ��, �•�`� •.� Delinquency Prevention -_..�= PAOJECTNUMBER 2009-SN-B9-K018 AWARD CONTINUATION SHEET Cooperafive Agreement nw,� Dn'rs osmnoos < SPECIAL CONDITIDNS PAGE 6 O` �0 21. RECOVERY ACT - Quaz[erly Financial Reports The recipient agrees to submit quarteriy financial status reparfs to OJP At present, rhese reports ace to be submitted on-Iine (at https://grants.ojp.usdoj.gov) using Standard Fotm SF 269A, not7ater than 45 days after the end of each calendar quarter. T7ae recipient understands t6at after October I5, 2009, 07P will d�scontinue its uce of the SF 269A, and wil! cequire awazd recipienu to submit quarterly financia] staNS reports wi8iin 30 days afrer the end of each calendaz quartec, us'sng the govemment-wide Standazd Form 42S Federal Financial Report from (available for viewing at www.whitehouse.gov/omb/grantslstandazd_forznslffr.pdfl. Seginning wich the report foi the fourth calendaz quarter of 2009 (and continuing thereafter), the recipient agrees that it will submit quarteriy financial status reports to OIP on- line (at https://grants.o�p.usdoj.gov) using the SF 425 Federal Financial RepoR form, not later than 30 days afrer the end of each calendar quarter. The 5nal report shall be submitted not later than 90 days following the end of the grant period. 22 RECOVERY ACT—Recovery Act Transactions Listed in Schedule of Expenditures of Fedesal Awards and Recipient Responaibilities for Tnforming Subxecipients (a) The recipient agrees to maintain records that ideutlfy adequately tlie sowce and applicat�on of Recovery Act funds, to mar�mize the t�ansparency and accountabitity of funds authodzed under the Recovery Act as requ'ved by tf�e Act and in accordance with 2 CFR 21521, "Clniform Administrative Requirements for Grants azid A�eements with Iustitutions of Higher Education, Hospitals, and Other Non-profit Orgmiizauons" and ONf6 A-102 Common Rules provistons (relating to Grants and Cooperative Agreements witl� State aud Locai Govemments). (b) The recipient agrees to separately iden4fy tUe exp�ditwes for Fedecal awazds under the Recovery Act ou tl�e Schedule o£Expenditures of Federal Awazds (SEFA) and tN.e Data Cotlection Foem (SF-SAC) required by OMB Circulaz A-133. This wndirion only applies if tl�e zecipient is covued by the Sing(e Audit ACt Amendments of 199G and OMB Circulaz A-lii, "Audits of Stxtes, Local Govemments, and Non-Profit Oigani�ations" This sliall be accomplished by 3denfifying eapenditures for Federal awards made under llte Recovery Act separatety on tk�e 5EFA, aud as separate rows under Item 9 of Part III on tlie SF-SAC by CFDA nwnber, and inciusion of the preFix "ARRA=' in identi£ying the name of the Federal program on the SEFA and as the fust characters in Item 9d of Part III on the SF- SAC. (c) TUe recipient abrees to separately identify to each subrecipient the Federai award number, CFDA number, and ' amount of Aecovery Act funds, and to dowment this identificarion bo[h at the vme of subaward a�d at the tmme of disbursemeet of funds When a recipient awatds Recovery Act fimds for ao ewsting ptogram, tk�e infonnation fumished to subrecipients shall distinguish the subawatds of incrementai Rewvexy Act funds from regulu subawards under fhe existmg pro�am. (cn The recipient agrees to requ�re its subcecipients to specifically �denfify Recovery Act funding on tliev SEFA information, similaz to die requirements for rhe recipient SEFA described above, This mfoimation is needed to alio�v the recipient to properly monitor subrecip�ent expenditure of Recovery Act funds as well as faclUta[e oversight by the Federal awaeding agencies, ihe DOJ OIG, and ihe GAO. OIP FORM 40002 (REV. 4-SS) 09-871 � . � n���atat�,�ri� °� ' ~ a Office of Justice Prograuts ";.i Office of Juvenile 3ustice and g� ,' - � Delinqnency Prevenfion �� PROSECTNUMBER 2W9-SN-B9-KO16 nw�n cor�vvuaTrorr SHEET Cooperative Agreement AWAR➢D�TE Oi/212409 SPECIAL CONDITIONS PAGE 7 OF 10 23. RECOVERY ACT —Reporiing and Renistration Requ'sements under Seaion 1512 of the Recovery Act. (a) Tliis awazd reqnires the recipiem to complete ptojects oi activities wl�ich aze fvnded under the Recovery Act and to report on use of Recovery Act funds provided flvough fl�is awazd. In£onnation frmn these:eports wiil be made available to die public. - (b) The reports are due no later than ten calendar days after each calendaz quarter in wktich tUe recip�ent receives the assistance award funded in whole or in part by tUe Recovery Act (c) Recipients and their first-t�er recipients must maintam axrent regishalions in tlie Central ConVactor Registration (www.ccr.gov) at all times dudng which they have acuve federal awards funded with Recovery Act fvnds. A Dun and Bradstreet Data Universal Numbering System (DUNS) Number (www.dnb.com) is one of the requirements for registration in ffie Central Contractor Registration. (d) 71ie recip�eut s6a11 report tUe i�fnnnation descri6ed in seciion 1512(0) of tiie Recovery Act using die reporting mshuctions and data elements tliat will be provided online at www.FederatReporting.gov and ensure iFtat any infocmazimt Uiat is p�e-fdled vs corrected or updated as needed. (e) The recipient shail notify die OJP prograzn managet of su6arission of its section 1512(c) xeport at the time flie report is sub�mtted pec (d) above. Notification to OJP may be either by submission uf a copy ofllie section 1512(c) data report, or (i£noY practicable) bp elechomc notificafion to the 07f' program manager confirming submission of rhe report. Failure to pzovide the sequired notificatiov to OIP vnl] be deemed a Tadure to report m�der section 1512(c). 24. RECOVERYACT—PmvislonsofSection1512(c) The recipient understands that section 1512(c) of tlie Recovery Act provides as follows: Recipie�Y Reports- Not later than 10 daYs after the eud of each calendar quarter, eacii recipieat that received recovery fimds from a Federal agency shall submit a report to that agency that contains-- (1) the rotat aznount of recovery funds received from tl�at agency; (2) die amount of recovery funds xeceived fhat were expended or obhgated to projects or activities; and (3) a detailed tist of ail projects or activifies for which recovery funds were expended or obligazed, including— (A) tIte natne of the pro}ect or activity; (B) a descriprioil of flie projeot or aoflvity; (C) aa evalvation of ffie completion status of the project or achviry; (D) an estunate of the num6er of}obs created and the numbec ofjobs retained by the project or acttvtty; and (E) foT infrastcucture investments made by state azid locai govemmenis, the puipose, totat cosi, and cationale of the agency for funding Ylie infrastruetuie inveshnent vntl� fimds made available under this Act, and name of the person to contaet at tlie agency if there aze wncems with the infrasiructuce inveshnent. (4) Dekliled'uiformatiov on aziy subconuacis or subgeants av✓arded by the recipient to include tUe data elemeuts iequ'ved to comply with the Federa] Funding Accountability and Transpaiency Act of 2006 {Public Law 109-282), ailowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the O�ce of Management and Budget. OIP FORM 4000(2 (AEV 4-88� 09-871 - �- Departmentof7ustice , E Office of Justice Pro�azns �� � Office of Juvende Jusiice and : a� ,�; • �^�%^^'-" = Delinquency Prevenfion � �`°:._ .�!� PRO3EC5 NUMBER 2009-SN-S9-KO18 AWARD CONTL�'UATLOi�' SHEET Cooperative Agreement AWARDDATE 05f312009 PAGE 8 OF 10 SPECIAL CONDITIONS 25. RECQVERY ACP—Aeporting Potential Fraud, Waste, and Abuse, and Simi3ar.�Uiiswnduct The recipirnt must prompdy refet to tlie DOJ OIG any credible evidence diat a principai, employee, agent, contractor, subgantee, subcontractor, or other person l�as eiffier 1) submitted a false claun for Recovery Act funds u�der the False Claims Act; or 2) committed a criminat or civil violat�on of ]aws pertaining to fraud, conflict of interest, bribery, gramiTy, or sunilaz misconduct involving Recovery Act funds. Tlvs condition also applies to any subrec�pients. Potential fraud, waste, abuse, or misconduct should be reported m the OIG by — mazi: Office of the Tnspector General U.S. Department of 7usrice Invesdgations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotiine (contact infotmation in English and SpanisU): (800) 869-4499 or hotiine fae: (202) 61b-9881 Additional informarion is available from the DOJ OIG website at www.usdoj.govloi�. 26. RECOVERY ACT—Protecting State and Locai Govemment and Connactor Whistleblowers (Recovery Act, section 1553) The recipiem recognives that the Recovery Act pmvides certain protections against reprisals for employees of non- Federat emptoyers who disclose information reasonably betieved to be evidence of gross mismanagement, gross waste, substanrial and specific danger to public heatth or safety, abuse of authority, or vioiations of Iaw related to contracts or gcants using Recovety Act funds. For additional infocmation, reFer to seclion 1553 of the Rewvery Act The te� of Recovery Act is availabie at www.ojp.usdoj vovfxecovery. 27. RECOVERY ACT—Limit on Funds (f2ecovery Aet, section Ib04) The recipient agrees tliat none of the funds under this award may be used by any State or local govenunent, or any private entity, for constcuction costs or auy other support of any casino or odier gambling establislunent, aquaz�um, zoo, golf course, or swimmin� pool. 28. RECOVERY ACT — Infrasicuchue Investment (ftecuvery Act, sections 15 t l and 1602) � The recipient agcees that it may noc use any funds made avaztabte mmder this Rewvery Act awud for infrastructure inveshnent absent submission of a satisfactory cectificahon under section 1511 of the Recovery Act Shoutd Uie reeipient decide to use £unds for uifrastcucmre invesmient subsequent to award, the recipient must submit appropriate certificafions under sectioss 1511 of the Recovety Act and zeceive prior approval from O.iP. Sn seeku�g such apptoval, flie recipieat sha11 gve prefeTence to activities that can be started and completed expeditiously, azid shall use awazd funds in a manner that maximizes job eeeation and economic benefits. The text of il�e Recwery Act (includmg sections 1511 and 1602) is avaflable at www.ojp.usdoj.gov/recovery. 03P FORM 400012 (REV A-88) 09-871 .�'�".�=; Bepartmentof7usfice —� ?. Office of Justice Pco�ams .�. �: �, � Office of Juvenile Jusfice and ^"�•y De]inquency Prevenfion � �: PROIECTNiiMBER 2009-SN-B9-K018 AW�1RD CONTINUATIOR SHEET Cooperative Agreemeut AWARDDAI"E OS/2312009 PAGE 9 OF 10 SPECIALCONDIZIONS 29. RECOVERY ACT—Buy American Notification (Recovery Act, section 1b05) The recipient understands that this award is subject to the prwisions of section 1605 of ffie Recovery Act ("Buy Americen"). No awazd funds may be used for icon, steel, oz manufacmred goods foc a project for the constrv.ctioq alterafion, mamtenance, or regair of s pubiic 6udding or public work, unless the cecipiem provides advance wntten notification to the OTP prograzn office, and a Grant Ad�ustrnent Notice is issued that modi5es this special condition to add govemment-wide standard condirions (auticipa[ed to be published in subpart B of 2 C.F.R. pazt ] 76) that fuNier implement the speci&c requfremenu or exceplions of section 1605. Section 1605 of flie Recovery Act proliibits use of any Recovery Acc funds Yor a project for the canmuction, alteranon, maintenance, or repau of a public building or pub3ic workunless all of the iron, steel, and manufactured goods used in the pro�ect aze produced in the United Stazes, subject to czrtain exceptions, inctuding Uaited States o6iigahons under intemationai agreemenis. For pucposes of this special wnduion, the followmg definitions apply. "Public building" and "public work" meaus a public building of, and a public work of, a govemmental entity (the linited States; the District of Columbia, commanwealtUs, tenitories, and minor outlymg islands of the United States; State azid local govemments; a�idmulti-Siate, regional, os intecstate entities wl�ich have govemmental fiuichons). These buiLdings and works rttay include, without timitation, bcidges, dams, plan[s, lv�ways, pazkways, stteets, subways, tunnels, sewers, mams, power lines, pumping stations, heary generators, raiiways, aicports, tem�inals, docks, piers, wharves, ways, tighthouses, buoys, �ettres, breakwaters, levees, and canals, and dte consWctioq alteration, maintenance, or repair of suclt buildings az�d works. "Manufactured good" means a good brought to the construction site £or incorporatian ioto the building or woik that has been-- (1) Proczssed into a specific foem and shape; oc (2) Combvied with other raw material to create a materiai that has different properties than the properties of tlte individua] raw materials. "Steel" means an ailoy that ivcludes at least 50 percent �rou, between .02 and 2 percent cazbou, and may mclude odier elements. Fos pUxpose5 of OSP a ants, prol�� �volviug construction, alteratioq maurtenance, or repair ofjails, detention facIli[ies, pcisons, publio crime victims' shelters, pol�ce facihUes, or otlier similaz pro]ects will Lkely trigger this provision. NOTE. The rec�pient is encouraged to contaCt tHe OJP prograzn manager — in advance — will� any questions wncerning ttis condition, uiciudmg its applicabihty to particulaz circumstances. O]P FOItM 4000{2 (REV 488) 09-&71 � �"^':.. Depaztrnent of Justice ��' � OfficeofJusticePcogamG ��r,, � '� Office of Juvenile Justice and � ��� Delinquency Prevenfion ��, PROJEC7NU?✓iBEIt 3009-SN-B9-K018 AWARD CONTL�tiATLON SHEET Cooperarive Agreement AWAADDATE 05212009 PAGE 30 OF 19 SPECIAL CONDITIONS 30. RECOVERY ACT— Wage Rate Requiremeuts under Section 1606 of the Recovery Act (a) Secrion 1606 of the Recovery Aci requires that aIl laborers and mechanics employed by contractors and subcantractors on projecfs fvnded directly by or assisted in wHole ot in part by and duougti the Federal Govemment pursuant ro the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a cbazacter simllu in ffie locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of t�fle 40, United States Code. Pursuant to Reorganivadon Plan No. 14 and tUe Copeland Act, 40 U.S.C. 3145, the Depamnent of Labor has issued regulations at 29 CFF Parts i, 3, and 5 to implement the Davis-Bacon and related Acts. Regulatlons in 29 CFR 5.5 instruct agencies conceming application of tk�e standard Davis-Bacon contract clauses set forth in that seciion. The standazd pavis-Bawn contiact clauses found in 29 CFR 5.5(a) are to be incotpozated in any covered contcacts made under this awazd U�at aze in excess of $2,000 for consVuction, alteration or repair (incl�ding painting and decoratmg). , (b) For additfonal guidance on the wage rate requirements of section 16�6, cornact youc awacding agency. Recipients of grants, coopezative agreemems and loans shoutd direct tUe'v initial inquuies conceming the applicarion of Davis-Bacon requirements to a particulaz federally azsisted project to the FedecaL agency fimduig [he pmject. The SeCretacy of Labor retains final coverage autl�ority under Reorganization Plan Number 14. 31. RECOVERYACT—NEPAandRetatedLaws The reoipient nnderstands tt�at all 03P awazds aie subject to the National Env¢munental Policy Act (NbPA, 42 U.S.C. section 4321 et seq.) and othex ielated Federal laws (inc]uding the National Historic Pieservatiou Act), if applicable. The recipient agrees to assist OSP 3n curying out its responsibilities under NEPA and related laws, if the recipient pians to use Recovery Act funds (direcfly or through subawazd or contracC) to undectake any activiTy that triggers these requirements, such as renovation or construction. (See 28 C.F.R. Parc 61, App. D.) The reapient also agrees to comply witi� alt Federal, State, and tocat enviconmental lavn and regulations apphcab(e to the development and implementation of the activi6es m be funded under this awazd. 32. REWVERYACT—Misuseofawazdfunds The fecipient understands and agrees lliat misuse of awazd fimds may result'rn a range of penalties, u�cluding suspension o£ cutrent and funue fuuds, suspension or debamient from fedeial grants, recovpment of monies provided undei ua awazd, and civi] andlor ceuninal penalties. . 33 RECOVERYACT—InappltcabilityofGeneralNon-supplaniingRequirementtofliisAwazd The recipieot understands that, for purposes of tliis awud, the general non-supplanting requiremen[ of the O7P Financtal Cruide (Part II, Chaptei 3) does not apply. 34 ,RECOVERYACT—AdditionalRequirementsandGuidance The recipient agrees to compiy with any modifications or additionat requiremenrs tl�at may be unposed by law and fumre O.iP (including govemment-wide) guidance and dazifications of Recovery Act requtrements. OIPF�RM4�OQYL(REV 4-88) ov-sn �_:�::;.. ' � Department oF Justice b� � t Office of Justice Proerams H � `� ��,. _: __._ Office of.7uvertile Jvstice and Delinquency Prevenrion Wosh+ngmn, D C. 20331 Memorandum To: Officiai Grant File From: Kathi Grasso, NEPA Coordinator Snbject: Categorica] Exc}usion fos City of Saint Paul The recipient agrees to assist OJJDP to comply with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds either directly by the recipient or by a subrecipient. Accordingly, pxior to obligating grant funds, Yhe grantee ap ees to first determine if any of the following activities wiil be related to the use of the grant funds and, if sq to advise OJJDP and request furthex NEPA implementation �uidance. Recipient understands that this special condition applies to its activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is bein� conducted by the recipient, a subrecipient, or any third pariy and the activiTy needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this specia] wndition are: a. new construction; b. minor renovation or remodeling of a properry either; (1) listed on or eligibie for ]isting on the National Register of Historic Places or, (2) located within a 100-year flood plain; c. a renovation, lease, or any other proposed usa of a buildiog or facility �bat will either; (1) result in a change in its basic prior use or; (2) significantly change its size and; d. Implementation of a new proa azn involving the use of chemicals other than chemicals that are; (1) purchased as an incidental component of a funded activily and; (2) traditional]y used, for example, in office, household, recreational, or education environments. 09-&71 �----.;,� pepamnrnt o£Justice GRANT MANAGER'S MEMORANDUM, PT. I: �'�-- ` Officeof7asticeProgmms pR03ECTSUMMARY %•! f� �: Office of luvenile Justice and �'.� �' Delinquency Prevenrion � CoOpecafive Agreement :;.�� > ` PROJECT,IUbiBER PAGE 1 OF 1 f2009-SN-B9-K018 , This projat is supportrd wdcr FYD9 Rewvery Act (OJJDP-ICAC InitiaM�es) Pub. L No. I l l-S, 42 USC 11601-17617 L STAFF CONTACT (Name & telephone number) 2. PRoJECT DIRECT�R (Name, add�ess & tetep6one numberJ Wi0 Bronson AmY Brown (202) 365-2427 Research Md Grants Mv�ager 15 W Kettogg Blvd SaintPau4, MN 551o1-2295 (6S1)266-SS07 3a. TITLE OF THE PROGRAM 36. POMS CODE (SEE iNSTRUCTIONS ON REVPRSE) OJSDP FY 09 Recovery Acc Iuternef Cnmes Against Clnldren. Task Porce Rogun GrantS Pro3ram 4 TITLE OF PAOJECT 17se oFRecovery Act Funds ro SuppoR a�id Enhaoce Mm�esota ICAC Task Force Acnvihes 5. NAME & ADDt2ESS OF GRANTEE G. NAME & ADRESS OF SUBGRANTEE City of Saint Paul 15 W. Kellog Boule�ard SaintPani, b1N 55102 7.PROGRAMPERIOD S.BUDGETPERIOD FROM 04/OIQ009 TO: 03/31201I FROM 04/Ol/2D09 TO 03/312011 2 AMOUNT OF AW AAD 10 �ATE OF AWARD $ Y01,346 05212009 ll. SECOND YE.AR'S BUDGET 12. SECONp YEAR'S HUDGET AMOUNT 13 THIRD YEAR'S BUDG&TPERSOD 14 7HIRD YEAR'S BUDaST AMW NT 15. SUMMARY DESCRIPTION OF PROIECT (See instruchon on xeverse) The Ciry o£Samt Paul (MN) CCAC Tuk Focce (5701,346 o01 w�ll provide for the full-time salary of d�e ICAC Commander and MICAC will create tfiree (3) new FTE forensic examiner povtions m meet7etlCACs smffina needs. Tite MICAC wiR also hae a men[al healffi pmfesswnal to provide mental liealth assessment and suppoaforMICAC . OJY FORM4UUUlt (kCbV.4-bn) 09-871 Tivs $ant pro�mn �s aurhonzed by ihelunerican Recovery mmd RcinvaanrnC Act of2009 (Public Law 111-i) (rhe "Recovery Act") avd by the Pmviding Resowtts, O$'icers, and TecMology m Emdicam G�ber Tlveais to Our Cluldren Aa of200$ (Y.L 110-0O1, codi5ed at 42 USC 17601 -] 7616) ("the PROIECT AcP'). The sEated piuposa offh: Ruwery Act ere'to preserve and creamjobs and promo[e uonomic reco�ery; to azsist fhose most'vnpacmd by the recession, m provide invcslmeots needed ro increase economm e�cimry by spumna technolo�czl advances m scirnw and healt6; to inva[ in hznsportarion, wviron+nrntal protwuon, and at6tt �xdinstruc[ure that wi31 prov�de longterm uonomic bcnefifl, and ro stabiliu $[ate and Iocal go�enwent budgeis, �v order m minimim md avaid rodu<nons in essential secvices and counte�prroduehve Ssate and Ioral taY increases. � 7ne Intemet Crimes Agains[ Childrev (ICAC) 7ask Force Aogam seeks to maintzin and expand State and roponal ICAC task fmces m add{ess {�hnotpgy-facilitaYed clilld exploitatiov. These [ask forces work wllaboratively as a naROna} vehvork oFlzev enfo*ccmmt and psose.cumsial agrncies t6zt preven4'-nterdicq and invuti�ate Inmmet crimes agtinst children. The prog�am requires �imno task fames to devebp mniti)�aisdictional, mUlhagency responses m such offevses by providivg fundmg and other supportto Stzte end Iocallaw enfnrcemrnt agrnaes u a meavs to help rhem acquiie Cue uecessary lmowledge, personnel, and eqmpment. NC.VCF 09-871 Eghibit B LAW ENFORCEMENT SENSITIVE Internet Crimes Against �hildren Program OPERATIONAL AND INVESTIGATIVE STANDARD� � ICAC ProgNam Operational and Investigative StandaYds FOR LAW ENFORCEMENT PURPO5ES ONLY Page 1 of 16 09-871 Eghibit B LAW ENFORCEMENT SENSITIVE Definitions As used herein, tl�e following definitions shall apply: "07JDP" is the Office of Juvenile Jus$ce and Delinquency Prevention. "NCMEC" is the Narional Center for Missing and Exploited Children. "CEOS" is the Child Exploltation and Obscenity Section of the Criminal Division of the Department of Justice. "ICAC" is the Internet Crimes Against Children prograsn composed of Task Forces and Affiliates. "TASK FORCE" is defined as an ICAC law enforcement agency designated by O7JDP to act as a State and/or Regional Task Force. "AFFILIATE" is defined as a law enforcement agency that is working in partnership with a Task Force and has agreed in writing to adhere to ICAC Operational and Investigatzve Standards. "PARTNER" is defined as an agency assisting a Task Force absent a written agreement. "NATIONAL INITIATIVE" is defined as any investigative proposal that relies on the cooperation and resources of all Task Farces or mandates action by �JJDP. "CVIP" is the Child Victim Identification Program operated by the National Center for Missing & Exploited Children. "CYBERTIPLINE" is a reporting mechanism far 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 thal enfity is engaged in a sequence of activities that is likely to result in the commission of a crime. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPlJSE5 ONLY Page 2 of 16 09-871 Eghibit B LAW ENFORCEMENT SENSITTVE A proactive investigation is designed to identify, investigate and prosecute offendeis, which may or may not involve a specific target, and requires online interaction and a significant degree of pre-operative planning. A reactive investigation involves the investigation of a complaint of a crime. Reasonable suspicion is established when sufficient facts e�st to lead a law enforcement officer to believe that an individual or organization is involved in a definable criminal activity. ICAC Program Operatzonal and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 3 of 16 09-871 Exhibit B 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 fihaY ICAC activities comply with both agency and ICAC Standards. 1.2 Task Forces shall submit all proposed national initiafives to OJJDP prior to project initiation. 1.3 OJ3DP may suggest amendments to the original proposal following consultation with the presenting Task Foxce and other fedexal, state, and local entities. ICAC Program Operational and Investigative Standards FOB LAW ENFORCEMENT PURPOSES ONLY Page 4 of 16 09-871 Exhibit S LAW ENFORCEMENT SENSITIVE 2. Selection and Retention of ICAC Task Force Personnel 2.1 Managers and supervisors should evaluate prospective ICAC candidates for work history that indicates prior investigative experience, court testimony skills, abiliry to handle sensifive information prudently, and a genuine interest in the protection of children. 22 Given the graphic nature of ecidence routinely encountered in ICAC related cases, the mental health of investigators working such cases is a great concern. Task force supervisors at all levels are encouraged to make reasonable efforts to ensure that all assigned officers remain fit for duty in accardance with applicable departmental policies and procedures. ICAC Prograrri Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 5 of 16 d9-871 Exhibit B LAW ENFORCEMENT SENSITIVE 3. Training 3.1 All Investigators will be supplied with appxopxiate training consistent with the ICAC Operational and Investigative Standards. 3.2 ICAC Task Force Commanders are responsible for ensuring that the individuals nominated far ICAC sponsored training are employed by agencies that have agreed in writing to adheze to the ICAC standards of investigation and that any prerequisite requirements for the training session have been met. 33 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 Qperational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 6 of 16 L) � i Exhibit S LAW ENFORCEMENT SENSITTVE 4. Case Management 4.1 Case Predication and Prioritization 4.1.1 Cases may be initiated by referrals from the CyberTipline, Intemet 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. Assusning the information is deemed credible, that determination should begin with an assessment of victim risk and then consider other factars such as jurisdiction and known offender hehavioral characteristics. The foliowing prioritization scale shall be considered: a) A child is at immediate risk of victimization b) A child is ��lnerable 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-volnme child pornography manufacturers or dist�ibutors who either are commercial distributoxs, repeat offenders, ot specialize in sadistic images f} Manufacturers, distributors and solicitors involved in high-volume trafficking or belong to an organized child pornography ring that operates as a criminal conspiracy g) Distributors, solicitors and possessors of images of child pornography h) Any other foim of child victimization. 4.2 Record Keeping 4.2.1 ICAC agencies shall be subject to ea�isting 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 Force Commander by the l Oth of each month using the ICAC Monthly Performance Measures Report. ICAC ProgYam Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 7 of 16 09-871 E%hibit B LAW ENFORCEMENT SENSTTIVE 4.2.3 Task Forces will compile and submit their monthly performance measures report to the OJJDP designated location before the end of the following calendar month. This monthly report does not replace the semi-annual progress report required by the Office of Justice Program's Financial Guide. 4.2.4 ICAC Case Tracker — Task Forces wiil compile and submit information on all cases referred for either state or federal prosecution. Information is required for all cases referred by the grant receiving agency, as well as all �liates that received more than $20,000 a year. This report is on-going and begjns with the prosecutorial agency the case is refened to and continues through 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 Program's Financial Guide nor the quarterly statistical performance measures report (see 4.2.3 above). The report is submitted to icaccasetracker(a�nsdoi.�ov and copied to the ICAC Program Manager assigned to the task force. 4.3 UndercoverInvestigations 43.1 Carefully managed undercover operations conducted by well-trained o�cers are among the most effec2ive techniques available to law enforcement far addressing ICAC offenses. Undercover operations, when executed and documented properly, collect virtually unassailable evidence regarding a suspect's predilection to exploit children. 43.2 ICAC supervisors are responsible far ensuring that ICAC investigators receive a copy of the ICAC Operational and Investigative Standards. 4.33 ICAC investigations shall be conducted in a manner consistent with the principles of law and due process. ICAC invesrigators are encouraged to work in conjmicrion with their local, state or federal prosecutors. 4.3.4 The following minimum standards apply to ICAC investigations: a. Only sworn, on-duty ICAC personnel shall conduct ICAC investigations in an undercover capacity. Private citizens shall not be asked to seek out investigative targets, nor shall they be authorized to act as police agents in an online Undercover capacity. b. ICAC personnel shall not electronically upload, transmit, ar forward pornographic or sexually explicit images. c. Other than images or videos of individuals, age 18 or over, who have ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 8 of 16 � � • 09-871 Eghibit B LAW ENF(JRCEMENT SENSITIVE 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 investigatian. Employee is defined as a salaried or compensated individual. 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 target. e. Undercover online activity sha11 be recorded and documented. Any depar[ures from this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by an ICAC supervisor. 4.4 Evidence Procedures 4.A.1 The storage, security, and destruction of investigative information shall be consistenY with agency poliay. Access to these files should be resiricted to authorized personnel. 4.4.2 The examinatlon of computers and digital media shall be consistent with agency policy and procedure. 4.4.3 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 pomography 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 pxotected files, delivery via a service which tcacks the shipment, or ofher methods consistent with agency policy and practices. 4.5 Workspace and Equipment 4.5.1 ICAC computers and software sha11 be reserved for the exclusive use of agency designated ICAC personnel. When possible, undercover computers, software, 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 TCAC personnel shall not use ICAC computers, software or oniine accounts for personal use. 4,5.3 Absent exigent or unforeseen circumstances, all ICAC online investigations shail be conducted in government workspace as designated by the agency. Exceptions ICAC PYOgpam Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 9 of 16 04-871 Exhibit S LAW ENFORCEMENT SENSITIVE must be approved in advance by an ICAC supervisor. ICAC Program Operational and Investigative StandaYds FOR LAW ENFOI2CEMENT PURPOSES ONLY Page 10 of 16 09-871 Exhibit B LAW ENFORCEMENT SENSITIVE 5. Information Sharing 5.1 Convenrional boundaries are virtually meaningless in the electronic world of the Intemet and the usual consttaints of time, place, and distance lose their relevance. These factors increase the possibility of ICAC agencies targeting one another, investigating the same subject, or inadvertently disrupting an ongoing investigation. To foster coordination, collaboration, and communication, each ICAC agency shall cotttribute case information on a11 active investigations (local, interstate, reactive and proactive) to a common database as designated by OJJDP currently, refened to as the ICAC Data Exchange. 5.2 If any common target is identified, the initiating ICAC agency is responsible for contacting the other law enforcement agency targeting the suspect. 5.3 Initiating ICAC agencies should also consider contacting other local, state, and federal agencies which may be involved in similar investigations. ICAC Program Operational and Investigative Stanclards FOR LAW ENFORCEMENT PURPOSES ONLY Page 11 of 16 o9-sn Exhibit B LAW ENFORCEMENT SENSITIVE 6. Victira Identificafion 6.1 Identifying child victims is a crirical element of the ICAC Pxogram. D03 and OJJDP require all Task Forces to submit child victim images to the CVIP as a means to improve child victun identification. Absent exigent circumstances, child victim images wiil be sent to the CVIP consistent with NCMEC guidelines. In addition, ICAC agencies are encouraged to collaborate with NCMEC to identify children depicted in child pornography. 6.2 A focus of the ICAC Program is to protect children. In circumstances where reporting of chiid abuse is not required under existing laws, ICAC agencies are strongly encouraged to report instances in which a child may be at risk for abuse or exploitation. 63 Absent exigent circusnstances, victim identifying information should be protected from public disclosure. ICAC P�ogram Ope�ational and Investigative StandaNds FOR LAW ENFORCEMENT PURPOSES ONLY Page 12 of 16 , 09-871 Exhibit B LAW ENFORCEMENT SENSITIVE 7. Vichm Notificarion [New section to be drafted in 20Q9 about NSTICE FOR ALL Act Provisions that govern victim noti£cation.} ICAC Program Operational and Investigative StandaNds FOR LAW ENFORCEMENT PURPOSES ONLY Page 13 of 16 � � , 04-871 Exhibit B LAW ENFORCEMENT SENSITIVE 8. Best Practices for Interacting with Potential Child Victims and their Non- Offending Family Members [To be developed in 2009.] ICAC Pragram Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 14 of 16 � �• � _� 09-871 Exhibit B LAW ENFORCEMEl\TT SENSITIVE 4. Community Education and Crime Prevention 9.1 Prevention education activities are a critical component of the OJJDP ICAC Pro�am. ICAG agencies should foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, and other individuals concerned about child safety issues. 9.2 Presentations to school staff, parents, and community groups are excellent ways to promote awazeness. These presentations sha11 not depict identifiable victims, not otherwise in the public domain; nor shall they use pornographic 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. Wlule appearing at public presentations, ICAC members may indicate a prefexence far a product or service, but to avoid an implicit endorsement, such IGAC members should indicate adaquate alternatives. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 15 of 16 � �,. ..� 09-871 Exhibit B LAW ENFORCEMENT SENSITIVE 10. Media Relations and Releases 101 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, Federal 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 individuai 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 loeal activities) so that a eoordinated national 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 Tnternet 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 The Internet Crimes Against Children (ICAC) program is a national network of fifty-nine coordinated local task forces and their 1,8001oca1 and regional affiliated agencies engaged in both proactive and reactive investigations, forensic examinations, effective prosecutions and community education.� The ICAC Program was developed in response to the increasing numbex of children and teenagers using the Internet, the proliferafion of child pornography, and the heightenad online acfivity by predators searching 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 proa am 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 Standcrrds FOR LAW ENFORCEMENT PURPOSES ONLY Page 16 of 16