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09-881Council File # � � Green Sheet #3072903 RESOLUTION g CITY QF SAINT PAUL, MINNESOTA Presenied by 1 RESOLVED, that the City of Saint Paul, Police Department is authorized to enter into the attached Joint 2 Powers A�eement which has an indemnification clause, with the County of Carver, acting through its 3 Sheriff's Department for 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. Adoption Certified b Counc' ecretary By: Appr e y a or: at �(� By: � � Green Sheet Greea Sheet Green Sheet Green Sheet Green Sheet Green Sheet � - - D9-8B I � � - ; �� ' Green Sheet NO: 3072903 ; Pp PoGce Department ; 21,JUL-Q9 ' ��---------�- - � � � Cortlact Person & Phone: '. � Ueoartrnent Sent Ta Person InitiallDate ' Chief John Harrington y o Police nepzrtmeai poLce nepsrtment _. __ __ _ ' 266-5588 i - - � ,7ohce DePartment _ _ _ Pohce Departmrnt j � - � - - - - - -� - - Assign ' 2 Gq! Attaruey -- QLYAttorney . 1 , � � Must Be on Council Agenda by (Datey: ; Num6er � - - - � - ; `� - _- - , ' � Fur • 3 'FinancielServ�ces____ _____ _____Ihrecto�F50_]______ '._ _ ___ — . ;'`. - -_ _ __ __ _ _' - __'_ _ _ � _ _. 't Rauting . d ayor'sOffic¢ _ _' _Ma�,y4r J , j Doc. Type: RESUU3TION � Order , 5 Connci3 , �� Conncil ' , __�- --- --- -- � J ----- _ . � � ' � -- -- � - - �- -- _ _-, _ � � 6 C.riy Clerk _ _ _ _ _ _ C� Q_erk _ _ � � ______ _ _ _ _____ _- __ _ _ , � .__--_,_ _ ._ _ - __ _ _� -'___ _._ -_. -_. __ '_ '� j EDceument Requited: Y � 7 golice D�artrnent _ _ _ _ _J I _ police D�artmeot _ _ � _ _ _ _ _ _ ' Document Cocrtad: Eve@e Scarver j j I I I Corrtact Phone: 266-5541 � i � ToWI # of Signature Pages __ i (Clip All Loeations for SignMUre) _ __ _ � i� i ' _ _ _-__ .._ ____ _ __ . _ ____ ___- F _ i Action ReOUested: - -- - - - - - - - -- - - - -- - - - - -- � ; Signatures on the attached councii resolution authorizing the City of Saint Paul, Police Deparhnent to enter into the attached i I agreement with the Counry of Cacvet acting tiuough its Sheriffs Office. ' RecommendationsA ove A mR'ect R: - -- �� - ------- --�---- ----� -� -� ----------�---- - � pPr O �1 O I Personal Service Contracts Must Answer the Following Questions: I Plannin9 Commission 1, Has this personlfirm ever worked under a contrad for this depariment? i� CB Comm�ttee Yes No � Civd Service Commission i 2. Has this personRirm ever been a city employee? Yes No i � 3. Does ihis person/firm possess a skill not normally possessed by any _ � current city employee� i i Yes NO I, Explain all yes answers on separate sheet and attAGh to green shaet. ._ _ _.____ - __-_ _ -_ _ _- _�_- _ . _____ _-________--_______ � Initiati� Problem, lssues, Opportunity (Who, What, When, Where, Why): ` ! The Carvex County Sheriffs Office will parkicipate in the Intemet Crimes Against Childcen (ICAC) Task FoLCe of the Saint Paul �I Police Depazment. Authorization is needed. i i --- - -- - --- -- - - -- �--- - . _ . . . . _ - — - -- - � Advantages If Approved: � i Opportunity to use grant funds to parmership with the Carver County SherifFs O�ce. i �� ---- -- -- --- - -- ----- �-- _ - AUG a � 2�09 � Disadvantages If Approved: i None. i ��--- - ----- - - _ .. -- - -- - --- -----�--------- ; Disadvantages If Not Appruved: I Lost opporkunity to use gcant funds ta combat intemet arimes against children_ I .- -- - - - - - -- --- - -�-- -___ ---- -------- Total Amount of � TrensacGon: CosURevenue Sudgetetl: Funding Source: 438 Financial Information: (Explain) Activity Number. �056 �e� � � r: i'':,; ".S�`�� L i i i ---- - j July 21, 2009 9:27 AM Page 1 o�,gg) Minnesota Internet Crimes Against Children Task Force Multi-Agency Law Enforcement Agreement This Mulri-Agency Law Enforcement Agreement, and amendments and supplements thezeto, (hereina8er "Agreement") is between the City of Saint P ul, acting throu its Police Department (Grantee) and �fi.t'utr � acting through its S�t!'% �5 �(hereinafter "Undersigned Law Enfarcement Agency") both which are empowered to enter into joint powers a�eements pursuant to Minn. Stat. § 471.59, Subd. 1 D& 12, and is fiuther empowered to enter into this Agreement by Minn. Stat. § 626J6; and Whereas, the above subscribed parties have joined together in a multi-agency task force intended to investigate and prosecufe czimes committed against children and the criminal eacploitation of children that is committed andior facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activiYy; and WheYea5� 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 Exhibit A) disbursed by the Office of 3uvenile Justice and Delinquency Prevention ("03JDP") 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 aze incuned by law enforcement as a result of such invesrigations; and Whereas, the O7JDP Intemet Crimes Against Chiidren ("ICAC") Grant Manager has been established representing each of the existing ICAC Task Forces to oversee the aperatiQn of the grattt and sub-grant recipients. Now Therefore, tne parties agree as follows: 1. The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Memarandum of Understanding with the purpose of implemenfing a three-pronged approach to Qombat Internet Crimes Against Children: prevention, educafion and enforcement; and �. The Parties enter into this agreement far the purpose of jointly investigating and prosecuting crimes committed against ciuldren and the criminal exploitation of children that is committed andfor facilitated by or through the use of computars, and to disrupt and dismantle organizations engaging in such activity. 3• This joint governmental enterprise is authorized by Minnesota Statute Sections 471.59 and 626.7b. by �sb l 4. The Undersigned Law Bnforcement Agency shali adhere to the 07JDP 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 5. All officers contributed by the Undersigned Law Enforcement Agency to the Minnesota ICAC Task Force shali be licensed peace officers or found by the Minnesota Board of Peace Officer Standards and Training to have comparable qualifications; and 6. VJhen a contributed officer of the Undersigned Law Enforcement Agency acts on the behalf of the Minnesota ICAC task Force within the scope of this Ab eement, 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 behai£ of fhe officer's employing Agency; and 7. Each Requesring Party shail defend, indemnify and hold harmless a Responding Party for claims arising within the Requesting Party's jurisdiction subject to the limlts of liability under Minnesota Statutes Chapter 466 and other applicable law, rule, and regulation, including common law. 8. For purposes of the Minnesota Municipal Tort Liability Act (Minn. Stat. Ch. 466), the Employees of the Responding Party aze deemed to be Employees of the Requesting Party as defined in Minn. Stat. § 466.01, subdivision 6, but only for purposes of addressing liability under this Aa eement. The Employees of the Responding Party shall not be considered Employees of the Requesting Party for any other purpose. 9. The Requesting Party sha11 defend, indemnify and hold hannless the Responding Party and its Employees against any and all claims brought or actions filed against the Responding Party or its Employees for injury to, death of, or damage to the property of any third person or persons, arising from the performance and provision of Assistance in responding to a request for Assistance by the Requesting Party pursuant to this Agreement. 10. Under no circumstances shall a Party be required to pay on behalf of itself and other Parties, any amounts in excess of the limits of liability established in Minnesota Statutes Chapter 466 applicable to any third party claim. The statutory limits of liability for some or all of the Participating Parties may not be added together or stacked to increase the maximum amount of liability far any third parry claim. 11. Each Participating Party a�ees to promptly notify the other Participating Farties if it knows ox becomes aware of any £acts or allegarions reasonably aiving rise to actual or potential liability, claims, causes of action, judgments, damages, losses, costs or expenses, including attorneys fees, involving or reasonably likely to involve the other Participating Parties, and arising out of acts or omissions related to this Ageement. 12. There shall be no liability to any Participating Party for failure to furnish Assistance, or for recalling or releasing Assistance as described in this Agreement. 2 v�-� 1 13. To the fuli extent permitted by law, acfions by the parties pursuant to this Agreement are intended to be and shall be construed as a"cooperative activity" and it is the intent of the parties that they shall be deemed a"single governmental uniP' for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. la(a); provided further that for purposes of that statute, each party to this A�eement expressly declines responsibility for the acts or omissions of the othez party. 14. All members of the Undersigned Law Enforcement Agency shall continue to be empioyed 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 I5. 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 16. 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 17. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests; and 18. The Undersigned Law Enforcement Agency sha11 maintain accurate records pertaining to pxevention, education, and enforcement activiries, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander or his designee for statistical reporting purposes; and 19. The Undersigned Law Enforcement Agency shall participate fu11y in any audits required by the OJJDP; and 20. The Undersigned Law Enforcexnent Agency shaIl make a reasonabie good faith attempt to be represented at any scheduled regional meetings in order to share information and resources arnongst the multiple entities; and 21. The Undersigned Law Enforcement Agency shall be solely responsible far forwazding information relarive to investigative tazgets and victims, to the ICAC data system pursuant to the OJJDP guidelines; and 22. The Undersigned Law Enfotcement 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: £uture 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. 3 c�-� 1 23. It is understood and agreed that the entire Agreement between the Parties is contained herein and that this Agreement supersedes ail oral agreements and negoriations between the Parties relating to the sub}ect matter hereo£ All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 24. Any alterations, variations, modifications, or waivers of provisions of this Agreement shall anly be valid when they have been reduced to writing as an amendment to this Agteement and signed by the Participating Parties hereto. 25. A default in this Agreement may occur when a Party fails to perform any of the provisions of this Agreement or so fails to administer the wark as to endanger the performance of the Agreement. Unless the Party's default is excused by the other Participating Parties, the non- defaulting Parties may by majority, vote to remove the defaulting Party by providing written notice of termination of the Agreement as to the defaulting Party only. Any such removal or termination of this Agreement shall become effective upon the sending of such notice and will not cancel any obligations incurred by any Party prior to such termination. 26. Any Party may withdraw from this Agreement with or without cause by providing thirty (30) days' prior written norice to the other Parties herein. 27. Only the goveming bodies of the Participating Parties have authority to act pursuant to this provision of the Agreement. 28. To the extent required by Minnesota Statutes Section 16C.05, Subd. 5(as may be amended), the Parties agree that any Party, the State Audrtor, the Legislative Auditor or any of their duly authorized representatives, at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which aze periinent to the accounting practices and procedures of the other Parties and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agteement and for seven (7) years after its termination or cancellafion. 29. Each Party, its employees, agents, owners, partners, and subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act, MinnesoYa Statutes, Chapter 13 and implemenring regulations, if applicable, and all other applicable state and federal laws, rules, regulations and orders relating Yo data privacy or confidentiality, and as any of the same may be amended. 30. The terms of Articie 5, 6, 7, 8, 9, 10, 11, 12, 27 and 28 shall survive the expiration, termination or withdrawal from this Agreement_ ! �► Terms of this agreement: This agreement shall be effective upon signatures. Nothing in this agreement shall otherwise limit the jurisdiction, powers, and responsabilities normally possessed by an employee as a member of the Agency, �� 7ohn M. Aarringt Saint Paul Police � \ \.--- Director of Office A�ency and its iurisdictional Qovemment entity as reauired b�applicable articles, laws, .� � �� Bu Olson, Sheriff ate � CountySheriffs Office � �� Da e Hem2e, A nistrator Date Catver County 0 ,� c�� - �- - Q�-�� ' � Department uf Justice . � ,`�,., �: t Difice of lustice Programs Qfrice of [he Assis[an[ A::umey General Wz�k��gron D e zo53� Sepcember 26, 2407 Chieflohn M Hernr��to= Gty of SainY Paul Li West Kelloge Houleva�d Si Pau{, MT 55102 Dear Ch�ef Harnngton: On behalf of the Ailomey General, i[ is my pleasure [o mfortn you Chat the Office of Susnce Progmms has approved your application for funding uuder the OlJDP FY 07 6uilding ICAC Forensic Capaerty m the amoum of �20Q000 for Gry of Saint Paul. Enelosed you wiV) find ih: uranL Award and Spenal Conditions documents This dward is sub�ect [o all admmistratrve and flnancial requu�ement>, ii,cluding the timely submisswn ofall financial and programmatic ceports, resoluhon of a!I mterim audn find+ngs, and the ra. .ntenance of a mimmum level of cash-on-hand. Should you not adhere to these requiremenls, you will be m violation o( the lem�s oF this agreement and the award will be sub�ecY to tenni�anou for cause or other admin�stranve ac[ion es &ppropriate. if you have quesGOns regni Uinb tivs nward, pleuse contact -°ro�,ram Quesnona, 7acquehne O'Rcdly, Program Manager at (202) 514-5024, and Financiai Qucsh<ms, Che O�ce of the Comptrollcr, Customer Sernce Center (CSC) at (S00) 453-078G, qryou may contact the CSC at ask.oc�usdoj.gov. Congratulat�o�s, and wc I:wk forward to working wit}� you Sincerely, � '� / �? < !..o�=�..f •"y `�x ...+.- �"_G ,;` :% Regina B. Schofield Ass�sta�t Atlarey Gener i 6�closures a�-�J - - ` -; Department of Justice Office of Justice Programs �'�� Office for Civfl Rights v/uchrtiian, D.0 POi31 Septembec ?(,, 2007 Chief John M. Hamngton Qty of Sainc Paul U West Kello�� Soulevard St Paul, MN 55102 - Dear Chiet Harnngton� Congratulavons on your recent award. In es[�ibiishing financ�al ass�s[ance programs, Congress lmked the receipt of Federal fundmg lo co^ipl�ance wi[h Federal civii nghts laws. The Office for Crvil Righrs (OCR� OfKce of Iusnce Programc (O �P}, t i.S. Depar[me�it of 7ustice is responsible for ensuring tha[ rempien[s of finanmal aid Rom OJP, its cumponent offi�es nnd bureaus, tlie Office on Violence Aga�nst W omen (OV W), and the Office of Communiry Oriemed Poucmg Services (COPS) comply wrth appLcable Federal crv�i nghts sfatuCes and regulahUns We at OCR arc availabic to help ydu and yoia orbanization meet Che crvs) nghts requirements that cume wM1h ]unicc Dupanmcnt fv�ding. Ensuriog Access to Fedcrally Assisl¢d Programs As you know, Federal laws prohibit reCipients of financial assis[ance from discriminating on the 6asis af rnce, color, national prigm, rels��oit, sex, or disability in funded programs or activities, not only in respect to employment pnct�ces br.i also in the delrvery of services er benefits Fede21 law also prohibits funded programs or sctrv¢ies from discnminating on the basis oPage m the delivery ofservices orbenefirs. Providing Services to Y.kmited �nglish Proficiency (LEP) Individuals [n accordance wsUi Dep-��ment of Suslice Gwdance pertaming to Title VI of [he Civil Riahts Act af }960., A2 U.S.C. t 20c�Od, rcup�eun o( Pederai financiui assistanee must take reasonable steps to provide meanmgful necess to their progra�ns and dctrvnies Fo� persons wiCh limited En�lish profimency (LEP) Fo� inore mfoanalion on the civil cights respons+bila�es that rccipients liave in prowding language scrviees to LEP indrviduals, please see the websrte at http:llwww.iyi.gov. Ensuring Equa! Treal�isent for Raith-Bascci Organisations The Depar[ment of Justi�� has published a regulation spec�fically pertaining ro the fundmg oCfaith-based argamzn6ons in generai, tlie repulaYion, ParUCipation in Jusnce pepanment PrOgrams by Religiou5 Orgam�AhonS, Providing �or F,qual Trcatment oPa117us[ico DeparCment Program Parhapar�ts, and known as [he F.qua( TreAUne�rt Reeula��on 28 C F.R, part 38, mqwres S[nte Admmistenng Agencies to treat these orgemzatwns the same as any olhcc apniicant or secipiem The regulafion proh�brts State Admmistering Agencies from maMng awArd or gre�nt admimsb�.�ion decisions on the bas�s of an organizavon'q re)igio�s character oraffiliahon, religious name, or thc re� ��ious composinon of its board of direcmrs The regulabo�i also proiroits Paith-basett organizations finm usmg Iinanaal ass�staoce from the Departme�t of 7ustice to fwid mhcrcn0y rehgious acnvmes While fai[h-based orgamzations can engage m non-&nded mherently religiouti cron� n�es, they must be held separately from the Depariment of Jusnoe fundul program, and customers or bene0ctaric cannot be compelled to particlpa[e m thcn� The F_qua] Treatinent Regulat�o� also makes dear [ha[ organi��ihons partw�paung m progrnms fimded by the Department oflus[ice ace not permitted to d�scnminate in Ehe pro: is�on of serviccs on Fhe basis of a benefic�ary's rehg5on. For more informadon on the regulation, please see OCR's webs�te at http Uwww.o�p.usdo�.gov/ocdetibo.htm. (�j -�6�,1 Stare Admmisterin_ /�o�; nes and fa�th-basrd organizanons shauld also note that We Safe Sveets AcC as amended; thz Victims oS;'nme Aci, as amended; and the Juvenile Justice and DeLnquency Prevenbon AcC, as amended, contaro prohimtions a�ains[ discnm�nation on tlie basis of rel�gion m emplo?mie�t. These employmen[ prov�sions have becr, sp�..�caliy incorporated in[o 2S C F R Part 3S.I (f) and 382(� Consequently, m many areumseances. rt w�o�,ld be unperniissibie for faith-based organizations seekmg or recerving fimding authorized by ehese srztutes w hadc oo'.i.:�es or pactices that wndition hiring and o[her employment-rclated decisions on the religion ofapplsanes or c�nplovees. Pm_rams suo)ect to these nond�scrimmation provisions may be Found on OCR's website at http:;A�ww.o�p usdor goviocr/. Questions about the regulation or the statutes tlia[ prohibri d�seriminanon m empla� n;enc may be d�r�ted eo this Office. 6ntorcine Civil Rights'. aws All recipients of Fedcra: 5nanc�al assisWnce, regardless of the particular tunding source, the amount of the o ant award, or the numbet u2'rmpVoyees in the workfarce. am subject Co t}�e prohibinons against unlawful discnminatlon. Accordir_:y, OCR mvestigates recipients that are the subjec[ of discrinvnauon GomplainLC from both mdivtduale and crou.,s (r t�ddilion, based osi reguietory enteria, OCR sc4ects a number of rempients each year For complianee rewcws, .�ufun ih�t icquvc recip�ents [o submit �ain showmg [hat they are providmg sernces eqmtably to all segincnts ��i ll�eir service popuiahon and that their employment praehces meel equai employment opportunitY standattLs Complying }vith th: Saw Streets Act or Program Requirements In eddivan to thesc goneiei prohibit�ons, an oroen�zat�on which is a rcc�p�ent of finanmal assistance sub�eM to the nond�scrinvnahon �n av�voiis of tne Omnibus Crune Control and SaFe Streeis Act (Safe Sneets Act) of 1965, 42 U.S C§ 3789d(c), or olLer Fecierul gcanc progam requirements, must meet hvo addmonal requirements:(1) compfying e�nli Fcdcial icgulahons pertutnmg m Ihe development of an Equal Empioymenl Opportunity Pla� (EEOP�, 28 C FR (� 42 '01- 308, and (2) submitt�ng to OCR Findm� of Discrimination (see 28 C.F R§§ 4? 20�(5) or 3l 202 1) Maetiup i6e EEOP Requirement In aecord&nec with Fcdc�.,i reeulat�ons, Assunince No. G in the Sfandard A.ssurances, COPS Assuranee No. S B, or certain Federal grn: nrue�am requirements, yciui orgamzatiou must comply w�th lhe follow�ng EF,OP repprting reqwremems. If your orgfmizatioii 6as rocewed an uward Cor $50�,000 oc more and tias SU oc moce empioyees (cowidng bo[h fu41- and part4imc emplo�iees but exetuding pohticaV appointees), then it has fo prepare 2n EEOP and submit rt[o OCR Por review wiCf�in F�1 days from the date of thie le[ter. For assistance in developm<� an F,EOP. qlease consutl OCR's we6,v[e a� ��up /�www.o�p.usdo�.govloc;/zeop.hmt You may also req�esi teehmcal assistance from an EEOP speaalrst ai Ot R by fialmg (202) 616-3208 If your organi�ation rec��i: ed an awazd beRVeen $25,00� and $50Q00� and has 50 or mote employees, your organizauon stilV has fo nrepare an EF.OP, but n does not hbve to submit the EEOP to OCR for rev�ew instead, your organvat�on he.i to :e�n�am the EEOP on file and make it available for reaew on reqnesf_ in addmon, your organrreoon hes W �om �.te Secuon 6 of �he Cesdfication Fonn and remn� it [n OCR The Ccrtificanon Form can be found at httP � .�� usdo) �vov/ocdeeop.fifii. lf your orgaonvuou i�c. .:1 an awnud for less than �25,000, oc if your orgunizal�on has less ihan 50 emp{oyees, re�?ardless oi the amount uf thc awaid; or il�yo�r o vamvihon is a ma&cnl institut�on, educat�onal mst�NUOn, nonprofit organ¢auon c Inl�c, lhcn your organizauon is cxcmpt from the EEOP requ�remenL Howeve*., your organvauon mus! cc n�plete Sccnon A of pic CemGcaROn Form a�d rewrn it to OCR The Certificaflon Form can be founu at hCtn ;� w-. � o�p usdo� guviocrleeop htm 2) Saomi(�ia� Pindings of Discrimina6on In the event u Federal or °!am court or Federal or Stale admmistrative agency makes an adverse ftnding of dieenminancn agamat yo� � orgamzatton aftec a due process hearing, on the ground oi2ce, eolor, rehgion, nationai ongro, or sex, yuur o��a; �. at�on must snbmit a cupy of the findmg to OCR for rev�ew, 1 .�� Ensuring the Compl"sance nt Subrecipients If your or�amzation mak: s subawa:ds to other agcnc�es, you are responsible for assurin� that subrecip�enrs also comply with all oF th-� ap-l;cable Federat avil ri�hts laws, fncludmg tlie requirements pertaining to developmg and submitting an FFOP : �potting Findm�s of D:scnmination. and nrovidme lan�uage services ro LEP persons. State agencies thai nak; ..,oawards must have in nlace standard gant assurances and review procedures to demonstrate thzt thep ar.; c�'iccti�eiy monicorino thc avil n�hcs compliance oCsubreap�ents Iiwe can assiet yoe in a�� vay m ful£{lina your crvii nghts responsibilities as a recipient otFederal funding please call OCR at (2U31 '^7-0690 or v�srt our websrte at nttp:9www ojp.usdoj.gov/ocd Sincerely, �� a. ��---- Michael L Alston Directar cc Grurit T7annq�i Futanc�ul �na)yaF ' . � � Denartnrnt o4)ustice � Office af Iusuce Proe ams � �- � : � ` Qftice a�f Juvenile Justice °,....,;�� - ; ;�,s' and De3inquency Preve�tion 1. RECI�IENT NAME 4VU A�URI C.(!nc(wlin_ Z�P Codc) C�ry of5a�re Paui 15 W m� Kclloee Bou7c��uN Si PeuL M� SS10? 1.4 GRAVTEF.IRSNlNDOR NU avwos>zi �3 PROiF.CTTIT6E Mmnpoia(umpumrFurcneicvMan..i ern�lmiwnvc Cooperative Agreement 5 AWARDNUMBEA� 200SMGCX-K008 5 PROJECTPERIOD FROM 6UDGET PEAIOD FFOM 6AWARDDATE 09R(+f?00� R SUPPLEMENTNUMBER o� 9 PRFVIOUSAWARpAMOUNT 10 AMOUNTOFTHISAWARD 5 950,000 � _' � I � —� I I � S 100,000 II TpTALAWARD S1.}50,0p0 � I2 SPECIA6 WNDI9IQVS I THEABOVEGRnN'iPR011_t'I r. ON THf ATTACpS,D PA(iE� Y) �, I].STATU7UAYAU`1HQAllYIORdRANf � Tbrspro�ect�svupporwdundn Pu6 I. Yc� 110.S.c�i�hcAdulsccs 10I-704,Pub L No l09-108,11'1Staf 2?90.22}O,i2�.SC 3"]603962aar�n i cFlic� oo Scpt l4?OOG (FY 2(IG] "it. nv fhwwnunnry") 1S METNOD OY PAYMLN7 PAPRS �� AGLN�'b:.;'PRpVAL � — GRANTEEACCEPTANCE — � 16.TYPF,DNAMF,ANDI"ITLt_Ul nPP32oVINGOPFI(IAL 18 TYPEDNAMGFlNOTI7'LEOi'AUTHORIZEDGRAN"IEFOPFICIAL i RceneB Schofm3d A>nsrsm Auoincy Ccn.�Fll John M Hamngmn CAicfol'PoLec �, 7�.SIGNAfUREOPAPPROVI�(�011(IA� '19SIGNAlU12COPAUTHORI"LEDRECIPfENTOFFICIAL ,I19ADATE� � � �� .�\^J44`l A!�" ' i � I _ I I � {� AGENC P USE ONLY �� 20 At ;'O� �"I INP f LASSI�L(' ^l i<, � t'(JDF,S 21 URO�I00031 � � FISCAL FUND BU� DIV � YEM CODE ACT OIC RLG SUN PUMS AMOUNT � X B Db 9U 00 00 200000 OIP FORM 40�p(? (RE4' S-A7) PREVIn'.JC CDC[IONS ARE OBSaLETE � "�?� � � PAGE 1 OF 3 01/OIG005 TO I13V?009 01;01200> TO L/3V2009 9 ACfiON Suppicmrnul OIPF(JkM4�00l21�EV 4FR) 1� s►�� -- �`: ;> DepanmemofJushce _ �, pfficeot3i�siicePro�2ms j � Offi�eofJuvenile � `"�:,:� 3ust"sce and Delinquency � Prec;�ntion PROJER�l1Y�8LR AOi-4i<'-��X-Kq(Is AWARD CONTINUATION SHEET Cooperative Agreement 1R'ARDOATE 09.^_62001 SPECIAL CONDITIONS 'I ,I i 1 The recrpienk ag:eae [o cmnply with the financial and admimstra[ive requirements set forth m the curtent edition of [he � ' Officeoflustice i.ugrams (OJP) Financial Gmde � , 2 The renpient acknowled�es that failure to submit an acceptable Equal Employment Opportunity Plan (�f recipient is I , required to w�r : uie pursuant to 28 C.F.R. Sechon 42302), that is ppproved by the Office for Gv�l Rights, is a � v�olanon oi in Cr�tdied qssuranccs and may result m suspension or termmation of fundmg unhl such time as the j ' reapirnns in comphance. � � 3 The renpient ugr^c� to �omply with the orgamzational aud�t requirements of OMB Circular.A-133, Audtts of States, Local Govemmer.IS. dnd Noo-ProPn Organ�zatio�s, es Purther desenbed in ihe current ed�don of the OJP Finanaal i 6uide. Chiq�ti° 19 � 4 Recip�ent w�ds.nronds and agrees that �t camw[ use a+iy fedecal funds, either direeNy or mdireet}y, in suppon of the ' enactmer�l, +epeai modificat�on or acioption of any Vaw, revulntion or policy, at any }evel of govemment, without the expross pnor �;-r...en approval of O7P. ; 5 Thc apQlican� bi�dget is pcnding rev�ew o� approvaL Tne recipient may not obligete, expend or draw down any grant tund� until the OfGce �t dte Compttoller, OYfice of 3usnce Programs has tss�ed cVoarance of the app}9cation budgei, and a Grant �d�u�. t �c+�: �o'.�ce has been issued cemoving this specixl wndition 6 The Piro�ect C>>n�� r and key program personnel des�gnated in tlie applicafion shall be reptaeed only for eompel4ing reasons and v. vL �� , concurre�ec of 07P_ OIP wili not unreasonably wic6hold eoncuttence Atl successore to key peisonncl miu! 6. approved, nnd such approva! ss contingu�t upon submission of appropriate roformation, inclnding, buc not hmited �c. v rc>ume Changes in other program persomtel reqmre rnily notification to 07F and submission of rcaumen, u',itc;., �:.'ncrwise desi�nated m the award document. � 7. The rocip�er.t dg;; ; to submi[ quarteriy (nancial status repo¢s to Che Office of IushCe Programa using S[andard Form � SF 269n on thc Icitcmet at https:((grants o)p.uado� gov These reporis shal! be submitted on-line not Iater than 45 daya � xftei the end ��.; �a�l� c:�le��dar yimrter. The final report sha{I be submitted not later than 90 days P011owing the end of , the granl penod � 3. Tl:c recipmnt .,ha �i ;��b�uu semiannuei pro�ess rcportn Progress reports shull he submittrd withm 30 d&ys after the end of thc rcpoi i n�g �.uu�dt. �vhich ue 7unu 30 and Oecember 4l, for t6e Iife of the aweed These reports will be submitted to tlle OfScc or fu: n�� Programs, on Ime-through the fnternet at fittps 17grants o�p.usdo� oovl. 9. Approval of .,,,, ..,, ard <tocs not mdicate approval of eny consultai�l rate in excess of $450 per day. A detailed �ushfcation n,.n� i: subiruned m and upproved by the Office ofJusrice Programs (OIP) pcoaam office prior to obnrr�[�on m c.epcndrtinsafsuch f.�uryc. 10 The rec�pie�ri agrCes to comply with the ICAC Task Force Piogram S[andards as es[ablished by the ICAC Task Force � Advivory Gomd t� d npp;oved by 01JDP 1 l. Thc ruip�ent zsr�sa 10 torward reports of ICAC Task Fwce Program Nionthly Performance Measures to the OJJDP- desrgnated sitc. _ i PA(iE ? OF 3 WP F(JRM 4000 3 (R�.�' �-NX� �`"`"°; Dc�a !" , - dP.h:.. -�� Justice Programs . - - �fiice ot.iuvenile ' �'°�"-` ` Justi,e and Delinquency ".� p:e��_ation AWARII CONTIhUATION SHEET Cooperative Agreement �� P.nGE 3 OF 3 PROJECTNUM[3ER ?00�-'.:^�' KOOF qwARDDA"[G �926.�2004 , - � ' SPECJAL CONDITIONS � L The Office u( lu� eni;c lustice and Delinquency Prevention has etecCed [o enter mto a Gooperanve Rgreement cather � ; than a��rant w��h tiic rocipicnt Th�s dec�sion re}lects the mutual �ncerest of the rec�pient and OJSDP in the operation of � � Ihz pro�ect as wcu vs t6e �niinpated level of Fedenll i�volvement in thts pro�ect. OSJDP's partiapatory rote m Uze project rs as I��;L z Review pnd zr�covc ma�or work plxns, mciudmg changes [o such plans, and key deeisions perCamina t¢ pro}ect l operalionc � I b Kewew;�nd apvro��c maior pro�ect gcncrated documen4t und matenats used m the prov�ston of pro}ect sesvices. Prov�de owdrnc �,� ,�io nficaot projec[ planning mccangs, and partuipa[e m project sponsored hatmng evencs oz � wnfcrcnces OJPFORM40002(AEV 4-gN) I __�� , �► �� `g, Department of Susfice - - - O�ce of Jusfice Pco�ams � �.4� � � '�>+�.� OJ/ice oj�Juvenile Justice and Deknguencv Prevention vn�.�n�„er�fi.�c �nssr 1 VTemoraudum Tp: Cf� �:. �ai Grant Fsia From: hatliy Grasso, Nepa Coordinator Subject: Ca�t �orical Exclusion for City of Saint Paul Tl�e recip�enl agrees te z�� sist OJJDP [o comply with the National Environmental Policy Act (NEPA) and other rulated federal env��nmlientat impact analyses requicements in the use crf ti�ese grant funds e�thei directty by thc eecipir�t �� by a subrecip�en� Accordingly, prior to obligatin�+grant funds, the grantee agreas to first dct:m�F�c .; nny of the following activ�nes will be related to the use of tlle grant funds and, if sq to advise OJJDI' as�ci requcst further NEPA �mplementation g�idance. Recipient undersTands that this speeial condihon appiics to its activities wlleCher or not they are being specificaily funded with these grant fimds. That �s, ati ioiig as the activity �s being conducted by the recipient, a subreaipient, or any third party and t6e acuvitv needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by ih�s special condition are: a. new construction; b. m�nor reuovation or remodelint �;f a property e�i6er, (1) listcd on or eligibie for listing on t6e Nationai Register of Historic Places or, {Z ��pc�ated withm a 100-year flood plain; c. a renovation, lease, or any ofhei proposed use of a buiSdit�� or facility diat will either; (1) result in a change in its basic prior use or; (2) sia �ficantly change rt, ,�,�� and; d linplementation of a new program mvo]ving the use of chemicals other tha� chemicals tha' -ire; (I ) purchased as an incidental component of a funded aet�viry and; (2)traditionally used. i��r cr.ample, in office, household, recreatiQnal, or education. �� -.:. � > � ��: �J9paranen[ Of JuStice O.`?i:e. o: lusacz Psu�mms Uffice of Im�enile Iusnce and !)ehnquency Prevcnuon 1 . GRANT MANAGER'S AIEMORANDUM, PT. I: PROJECT SUMMARY Cooperafive Agreement PROJECTRL'MBER ?W?-titC-CX-K008 PAGE 1 OF t ��i i Th�a nm�zct �.a aapM�rtr:� i�^ I� Pu;; L Nn I IOS, emb_dded secs IU7-10.M1. Pun L Ivo 109-10R, 119 S�zt ??90,?270:9'_ US C 37fi0-i762a as m e�Ttct on Seni 30.'_OOO i�'Y _ 007 "Byrne Diecreuanap "7 1 STAIPCUNTACI�P.a,. °u,«•kphoncnum6cr) Jacquel�ne O'2alty �3p?) siq_SU?i ta "fl PLE Ok 1! 16 PR� • � i� .�n O11DP FY 07 bmldm„ }, ,:. .�nni.nc Capac�ty 4'[ L1 LE QF PRO I EL' 4 �biinnr.��m C'omnutci I nr�o�w bl¢nxgement Wrt�ntne ih'AML&ADUItL�S`)I ,�+Ati�hE ( ny o($aint Pau1 l5 W yt Kelloyg Itn; Ic ^h St Paul MN i IU1 7 PROORA.41 PLR1Ui, N'&OM t11�G1'_'!0� TO 1J3112(109 9 AM01 i�T r.)F pW Ak(1 s zoqn��r, II S6('UNDYl1RlS'?"•'•'�7 li ]7llRUYCnN'Sf;i ��r i PHRIOp li SUMMARY DliSC'Rll` i f0�: OL PRUI ECT (Sec �ntvurnov on reversej I 3 PROJECT D7RECPOR (Ivame, sddrew & telepbune nomber) � Red Nelsun � Commandu � 36� Grove Stroe� St Paul. MN 55101 I (6�11793-]043 ' I I � 36 POMSCODE(SHEINSTROC210NS I . ON REVERSB) � I i � � � 6NAML@ADRESSOTSUBCAANTEE � � I I R BUDCiLTPBRIOIJ � � PkOM. 01/012005 TO 121332009 � 10 DA'fEOPAWARD 09/2G/?007 � 12 SU'ONDYk;AR'flBUDGP7AMOUN'I � � i4 iHIRD �EARS BUDGET AMOUNT � � The ICA(� nro�ram i� e a moiwl ne�work of mnlo-ageiiCy, mulh-�ovsdictional �ask forces eno guI m proactive mvesugafmns, fo[eqs¢ � mxaminaVOn+, nnd elleci, � om+ecunons Addiboitally, �he �esk fumes pmvide forens�t, prevenuo¢, and mvesGgauon ass�staooe to pareuts, i educamrs, p�osccutan.l. . rnforcamanL antl o�hen conre[oed wrth ehJd vicbmaxnm �ssucs � SupPlcinemelfuvdinzianmgprovideAlor[hepumoseofdevelopmgand�mplementmgetra[egiesto6wld�heTaskForoos'capamtytoLandle � foremi� inresr�,ution,: nn mAoce Co�ensm backlogx CA/NCF ' � _—'"� OI3' ('ORM 4000R (R7=� 1 °x) LAW ENFORCEMENT SENSITIVE �"�1 FuQ��/�� t Internet Crimes Against Children Program OPEI�.TIONAL I: 1 INVESTIGATIVE � . . . � ai ICAC Program Operational and Investigative Standards FOR I.AW ENFORCEMENT PURPO5ES ONLY Page 1 of 15 LAW �NFORCEMENT SENSITIVE D� -�6�1 Definitions As used herein, the following definitions shali apply: "OJJDP" is the Office of:iuveni;e Justice an3 Delinquency Prevention. "NCMEC" is the National Center for Missing and Exploited Children. "CEOS" i:; tile Child Exploitatian and Obscenity Section of the Criminal Division of the Department of J ustice. "ICAC" is the Internet Crimes Against Children prod*ram composed of Task Forces and Affiliates. "TASK FORCF" 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 working in pattnership with a Task Fcrc� and has as� in writing to adhere to ICAC Operarional and Investigative Standards. "PARTNER" is defined as an agency assisting a Task Force absent a written agreement. "NATIONtlL INITIATNE" is defined as any investigative proposal that relies on the cooperation a�d resources of all Task Forces or mandates action by OJJDP. "CVIP" is the Child Victim Identification Pro�am operated by the National Center for Missing B�. Exploited Children. "CYBER"('Ir'LINE" is a reporting mechanism for cases of online child sexual exploitation and enticemenY operated by the National Center for Missing & Exploited Civldren. For the pur�u�ses of this prou�ram, cr-ime is defined as any offense that involves the exploitation of children facilitated by technology. Investigatavc inte:�est is estabfished 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 pr�oactive i�:ve,rtigation is designed to identify, investigate and prosecute offenders, which may nr may not involve a specific target, and requires online interaction and a significant degree of pre-operative planning. ICAC Prog��anz Operational and Investigative Standards F0�2 LA� ENF�RCEMENT PURPOSES ONLY Page 2 of 15 LAW ENFORCEMENT SENSITIVE �� A reactitie in ycstigation involves the investigation of a complaint of a ctime. Reasonable suspicion is established when sufficient facts exist to lead a law enforcement officer to ba'.ieve that an individuai or organization is involved in a definable criminal activity. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 3 of I S LAW ENFORCEMENT SENSTTIVE r � �� „� i. Oversight 1.1 Each ICAC agency shall have supervisory systems and procedures, which shail provide for observation documentation, and periodic review of ICAC activity. Such syst°m should comply with the principles of quatity case management and ensure that ICAC activities comply wifh both agency and ICAC Standards. 1.2 Task rorces shall submit all propcsec national initiatives to OJJDP prior to project initiation. 13 OJJDI' �nay suggest amendments to the original proposal foltowing consultation with the presenting Task Force and other federal, state, and loca] entities. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 4 of 15 LAW ENFORCEMENT SENSITIVE b�j-4�) 2. Selection and Retention of ICAC Task Force Personnei 2.1 Manage:s 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 protecrion of children. 2.2 Given the graphic nature of evidence routinely encountered in ICAC related cases, the Ts:enta] health of investigators working such cases is a�eat concern. Task force supervisors at all levels are encouraged to make reasonable efforts to ensure tl.a, a�� assigned o�'icers remain fit for duty in accordance with applicable departmentai policies and procedures. ICAC Pvogram Operational and Investigative Standar^ds FOit LAW ENFORCEMENT PURPOSES ONLY Page 5 of 15 LAW ENFORCEMENT SENSITIVE 3. 'fi'rainiaeg �� 3.1 All Investigators will be supplied with appropriate training consistent with the ICAC Qperatianal and Investigative Standards. 3.2 ICAC Ta�k Force Commanders aze responsible for ensuring that the individuals nominated for 1CAC sponsored training aze employed by agencies that have agreed in writing to adhere to the ICAC standards of investigation and that any prereouisite requirements for the training session have been met. 3.3 ICHC iask forces may give regiona] training. The traaning sha11 comply with cunent ICAC sYandazds. Any subsequent support required as a result of the regional ttainin� shall be the responsibility of the task force providing the training. ICAC Ptrogram Oper^ational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 6 of 15 LAW ENFORCEMENT SENSITIVE 4. Case ;�anagement 4.1 Case Preaication and Prioritization I ►. 4.11 Cases may be initiated by referrals from the CyberTipline, Internet service providers, or other law enforcement agencies, and by information gathered through subj-�ct interviews, documented pubiic sources, direct observations of suspicious behavior, public complaints, or by any other source acceptable under agency policies. 4.1.2 iCAC supeivisors are responsible for determining invesrigative priorities and selectina cus�s for investigation. Assuming the information is deemed credible, that detenninaticn should begin wlth an assessment of victim risk and then consider other factors such as jurisdiction and known offender behavioral characterisii�s. The following prioritization scale shall be considered: a} t� �nild is at immediate risk of victimization h) 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 ph, with domiciled children e) ,S.g� essive, high-volume child pomography manufacturers or distributors who eit`.;c;r u commercia] distributors, repeat offenders, or specialize in sadistic in:ages f} ivlanutacturers, distributors and solicitors involved in high-volume trafficking oi' be�un�, to an organized child porno��raphy ring that operates as a criminal conspiracy g) �ist�ihutors, solicitors and possessors of images of child pornography h) �+ r�ti r'l,er fonn of chiid victimization. �.? Ti2ecor 4.21 IC�,�, ,�nencies shall be subject to existing agency incident reporting procedures and case supo!vision systems. At a minimum, a unique identifier shall be assigned to each ICAC case. 4?.2 Ai': afs'�liate;i agencies �vill report their activity to the respective Task Force Cnm��anrier by the 1 Qth of each month using the ICAC Monthiy r'erionnance Measures Report. 4.�'.3 Ta��. ,.;; ces �ill compile and suhmit their monthly performance measures r��art to the 0J3DP designated ]ocation before the end of the following i'C.4C Prograrrc Operational and Investigative Standards FOit LAW EIYFORCEMENT PURPOSES ONLY Page 7 of 15 LAW ENFORCEMENT SENSITIVE � � l t calendar rnonth. This monthly report does not replace the semi-annual progress report reauired by the Office of Justice Program's Financial Guide. 4.2.4 ICA �;" Case Tracker — Task Forces will compile and submit information on all cases referred ;or either state or federal prosecution. Information is required for all cases referred by� the �ant receiving agency, as well as all affiliates that received more than $20,000 a year. Fhis report is on-going and begins with the prosecutorial agency the case is referred t� and r,ontinues through the final disposirion of the case. T'his on-going quarterly re»ort will be due within five (5) business days of the start of the quarter and does not r:p; u;;e either the semi-annual progress report required by the Office of 7ustice Prob am's `'u:ancial Guide nor the quarterly statisrical performance measures report (see 4?.? abo,; ;�'i;e report is submitted to �caccasetracker(ri�usdoj.�ov and copied to the ICAC Pre<_=,raxn Managez assigned to the task force. 4 � Unc�e. c,avea� dnve,tiga�ions 43.1 Cari_r�.!ll ,� �r:anaged undercover operations conducted by well-trained officers aze ameng thc. -.csi e:fective techniyues available to law enforcement for addressing ICAC u�;., : z�,'_Jndercover operatians, when executed and documented properly, c��,:lect virtually unassailable evidence regarding a suspect's predilection to ex.ploiE oi;;lciren. 43.2 ICA;: supervisors are responsible for ensuring that 1CAC investigators receive a copy of thc iCAC Operational and Investigative Standards. 4.3.3 iCA�_ ��ves�igations shall be conducted in a manner consistent with the principles of law an� .<<r:; pi ocess. ICAC investigators are encouraged to work in coujunctiou w;cii their locai, state or federal proseeutors. 43.4 T'hL �,r iowii�g rninimum standards a�ply to ICAC investi�ations: a. t`?��?y sworn, on-duty 1CAC personnel shall conduct ICAC investigations in an w�de; �aver capacity. Private citizens shali not be asked to seek out investigarive tar;�ets, nor shall they be authorized io act as police agents in an online CJna��:cover capacity. h. �e' ',� r�,�rsannel shall not electronically upload, transmit, or forward r�n��„>�*rznl�;c or sexually explicit ima�es. c. �1mer tnan images or videos of individuals, age 18 or over, who have pre, : ueu their infai:r.ad written consent, and at the time consent was given wer�� employed by a criminal }ustice agency, no actual human images or vid:::s sl�all be utilized in an investigation. Employee is defined as a sa!<.^��d oc compensared individual. tCAC Pr Operational and Investigative Standards �'aR �AW �NFORC�IVIENT PTJRPOSES ONLY �ane 8 of 15 L�.� ENFORCEMENT SENSITIVE � �' d. Luri�:g online dialogue, undercover officers should allow the investigarive Ya? _: ��:; set the tone, pace, and subject matter of the online conversation. Image ha�a�fct �;�a11 be initiated by the target e. "Jrde;cover online activity shall be recorded and documented. Any departures from this policy due to unusuai circumstances shall be documented in the relevant c�: e f ie =nd revie.ved by an TCAC supervisor. 4.4 �victe*�^� ��edures 4.4.1 The =��.:ag�, security, and destruction of investigative information shall be consistET.: s- t: zgency poiicy. Access to these files should be restricted to authorizcc� ;;c:�i:m:el. 4.4.2 The examination of computers and digital media shall be consistent with agency policy and t�� ce�+ure. 4.4.3 Cl�i7 ;�rnf��aphy is centraband and should be maintained pursuant to each ag�z�cy':, :r. ': �i��s � egu,diug such. It is recommended that absent a court order specificaP., •�dc.*ing otherwise, evidence containing child pornography shall not be relea5��: �: ur�y defendant or representative t.,ereof. 4.4.4 The �.� r;!:;t:;t or evidence containing child pomography among law enforcement shall be dvn�� _�, a secure manner. Methods of transfer may include hand-delivery, transmis.=,ioi� of'di�iially prokected files, delivery via a servioe which tracks the shipmet�i _ r.��,Ler isicthods cQnsistent with agency policy and practices. 4.5 "J4'o�:�,��_.�. e ,�aaa� L�quip��ent 4.5. i IC��`_ ��,r}�putcrs a�1d sof�ware shall be reserved for the exclusive use of agency desi�;�t...' !�a� nc,�rsomiel. 'vVhen �ossible, undercover computers, software, and onlinc a.:: c��nts shall be purchased covertly. No personally owned equipment shali he ut<: :.n 1i;AC investtgations and all softwaze shall be properly acquired and licer�s.;c 4.5.2 IC�a�. „�_rs.�nnel shali vot usc 1CAC computers, software or online accounts for personat �! �e 4.5. � Absen ex��ent or unforeseen circumstances, all ICAC online investigations shall be condu��r;�i :_ „U ✓erntnent workspace as desi�nated by the agency. Bxceptions must be c��-, :��c;ci ?r, an�a��ce by an iCHC supervisor. : t:AC P� Dperationul and Investigative Standavds �i�� i./3.�✓ FAi&'OR�L'�:Ir�iENT PURPOSES ONLX Page 9 of 15 LA� ENF012CEM�NT SENSITIVE � �� 5. Inforrrr�+ti:��n Sharing �. i Con� �_r„ .:;:a; boundaries are virtually meaningless in the electronic world of the lnternet ar�' t.e usual cAnstraints of time, place, and distance lose their relevance. i'hese fac�: • i<<, �ase tl nossibility of ICAC agencies targering one another, investiga� .:?s, the ;:tne. sub}ect, or inadverten±ly disrupting an ongoing investiQa�.. :,. Tr ;oster coordination, coilaboration, and communication, each ICAC agere;✓ `!'.. �•:a�tribute c�: e i:ifcr_na�ioa c n all aetive investigations (local, in�er -_te. reactive and proactive) to a common database as designated by OJJDP cu;: _^tly, referred to as the ICAC Data Exchange. 5.2 If any c<:nim�n target is identified, the initiating ICAC agency is responsible for conta:.tint, :: c„�e; ;a� eilforcement agency targeting the suspect. 5..�, �niti.i!, �_`;�L ager�ci�s shouid also cotlsider contaeting other local, state, and federai ng�s�.,;s c�l;,c.i rnay be incc;vsd in srmilar iavestigations. <CAC Program Operational and Investigative Standards a��[2 LAW ENFORCEMENT PURPOSES ONLY Page 10 of 15 LAW ENFORCEFvIENT SENSITIVE �� ( 6. Victi:�� :s��.zifcation 6.; =d�n_: ::_•�<�:Id victims is a critical element of the ICAC Program. DOJ and OJJ�° re; :-. _it "Task rorces to submit child victim images to the CVIP as a means tc =- .�:o�: e child victim identification. Absent exigent circumstances, child victim im<_�__; w:ii be sent to the CVIP consistent with NCMEC guidelines. In addiCion, i;..? ;: : g�ticies are enconraged to collabarate with NCMEC to identify children c'• �_- t.re^ in c'_iild p�rao�aphy. 6.2 A focc�< �f t'ie ICAC Program is to protect children. In circumstances where reportmg vt ::inid abuse is not required under existing laws, ICAC agencies are strongly �nc ,��ra�=ed to report instances in which a child may be at risk for abuse or e;c�lo;,,:: �... 6.3 Aose: -, ��-. r�t circumstances, victim identifying information should be protected from put;i:� ��sci��sure. �CAC Prooram Operutional and Investigative Standards �'OR LAW ENFORCEMENT PURPOSES O1�iLY 7Page 11 of 15 LAW ENFORCEMENT SENSITIVE � � 7. Victiira ��.;�3��ation [Ne�N sec::_ . tc :�� drafted in 2009 about 3USTICE FOR ALL Act Provisions that govem victim no::'i;;�tior,.] lCAC Program Operatiofzal and Investigative Standards �'�R LAW ENFORCEMENT PURPOSES ONLY Page 12 of 15 LAW ENFORCEMENT SENSITIVE �G�.,C�} 8. Sest P<<.r::ee.; �or Interacting with Potenfial Child Victuns and their Non- Offendir�„; t��rrei€y Members [To be de.c'oped in 2Q09.] lCAC Program Operational and Investigative Standards FOR LAW ENFOI2CEMENT PURPOSES ONLY Page 13 of 15 � i.AW ENFORCEMENT SENSITIVE ` � ��l 9. Comst!�a:eitv Education and Crime Prevention 91 Prevention education activities are a critical component of the OJJDP ICAC Progam. ?CAC a�encies should foster awareness and provide practical, relevant guidance co cniidren, parents, educators, librarians, and other individuals concemed vbou� child safety issues. 92 Prese�:.c..�:,ns to schoo' staff, paren�s, ;ind community groups are excellent ways to promot:; au�a� These presentations shall not depict identifiable victims, not othenvi; e in the public domain; nor shall they use pomographic or sexually explicit �rra,es. Presenters shall not discuss confidential investigative techniques. 9.3 iVo rr;embei uf an ICAC Task Force may endorse any product or service without the exp; es:, :�,�nsc:�t of an O7JDP Prob am Manager. While appearing at public presentati� �7", 1� .�C members may indicate a preference for a product or service, but to avui:. at� m,olicit eridorsement, such ICAC members should indicate adequate altornafives. ICAC Program Operational and Investigative Standards FOR LAW ENFORCEMENT PURPOSES ONLY Page 14 of 15 I,AW ENFORCEMENT SENSITIVE b � �' 10. Me�::� ?��.sations and Releases 10.1 Med: � �ieases relating to prosecutions, crime alerts or other matters concerning ICAC opers,rien> shall not include information regarding confidential investigativ�. *echniques and should be coordinated (when applicable) with other Task Forc� ;;art;cipants, Federal law enforcement agencies, and State and local agencies in�.�olved in the invesrigation consistent with sound information managemen` ancl media : elati�ns practices. ] 0.2 ICA< :'��mmanders (or their designees) may speak to members of the media about their owr c_;�ar�ments' ICAC-related acrivities according to their own agency's guidelines. ��o individua] affiliated with the ICAC pro�ram may speak on behalf of the ICAC Frc,r_� _;�� us a whole. 10.3 ICA�. ;'o��,lrnanders snouid inform their OJJDP Program Managers if approached by natianal i��. �.�:u cutlets about the ICAC Progam (as opposed to media seeking iniorinaiio�� about iocal activities) so that a coordinated national response can be prepared by �JP. ' 0.4 �itfcn r�:a ��t� {u by ICACs to the media shall be consistent with the guidance below: i'urpose i� �aae d::AC Program 'I'he missi<�r of the Internet Crimes Against Children (ICAC) Task Force program is to assist stat� �,�1ct ;ccal !aw enforce�nent agencies in developing an effective response to cyber eut�E:::i,cnt and child pomography cases. This support encompasses forensic and inveshgative cotnponents, training and tecnnical assistance, victim services, prevenfion ana comm:fr:ity education. 13ackgr�.:�,,.: <,i: 3Sae ��'A� Program The Interre= � rimes Against Children (ICAC) program is a naYional network of fifty-nine coordinat ;�? ��.cal task forces and their 1,8001oca1 and regional affiliated agencies eng��eG iE. • oin �,roactiva 4nd reactive investigations, forensic examinations, effecYive prosecaTi� �� - an� community education. i i he ICAC Program was developed in response to the incrcr >i=:�> uumber of children and teenagers using the Internet, the proliferation of chiid pocn:; __��,.;y, and thc heightened oriline activity by predators seazching for unsu�eiv�s:d :c>=uact •,�itli underaae victims. By helping state and local law enforcement agcnczes ��:,clop efiective and sustainable responses to online child victimization and child pornc��;rapily, the ICAC program delivers national resources at the local 1eve1. 'i1,e ��Al, ,. .,s �_�,n actively protecis chiidren who use the Internet by proactively investigat��. iha or,-line sexual exploitation of children by predators. Because ICAC practit�or= -.r�c'�stand that arrests alone can not resolve the problem of on-1,tle v�,.� ;�?.tion, the ICAC program is dedicated to training law enforcement and educattr� �, ,r::nt� and yoatM about the potentiat dangers online and offering safety toois. 1�AC Program Operational and Investigative Standards FC9T2 LAW ENFORCEMENT' PURPOSES ONLY Page I S of 15