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10-318Council File #—�� Green Sheet #3102337 RESOLUTION Presented by PAllL, MINNESOTA �� 1 RESOLVED, that the City of Saint Paul, Police Department is authorized to enter into the attached Joint 2 Powers Agreement which includes an indemnification clause, with the City of Breckenridge acting through 3 its Police Department for participation in the Intemet Crimes Against Children Task Force (ICAC). A 4 copy of said agreement is to be kept on file and on record in the Office of Financial Services. Bostrom Carter Helgen Stark Thune Adopted by Council: Date Yeas ✓ ✓ ✓ Absent Adoption Certified by Co ,il Secretary By: ' Approved IvJa Date � � ��� By: CITY OF by the Office of Fina�3cial Semces � Approded b ty Attorney BY� �/�/ / "_IL � Approved dy Mayor for Submiss'on to Counci] a `na-� � � 9��, � -�o ���6 _� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ---- �o- � /g DepartmenVOfficelCouncil: ' Date Initiated: y Pp _ PoliceDepartment , �2MAR2010 �, Green Shee` N� 3102337 Contact Person & Phone: � Chief John Hartinqton � 266-S58S Must Be on Council Agenda by (Date): Doc. Type: RESOLUTION E-DocumentRequired: Y Document Cofkact: Evette Scarver � Assign Mumber Por I Routing Order 0 1 2 3 4 5 SentToPerson Initial/Date -- - -- , _ PoliceDegartment__, ___ . � CAS, Rm 280CH t __ _ . "��POtice D�artneut _� _ ��� ConWatPhone: 28&5541 � '__ - -_ _ _ ___ - __- --- _—.I_ _ _— _ — �� Totai # of Signature Pages (Clip All Loeations for Signature) �_ _ _ _ -- —__.-__ __. —______ i� Action Requested: - - �--- -- --�__�� �— — � -- � I Signatures on the attached council resolution authorizing the Ciry of Saint Paul, Police Departrnent to enter into the attached Joirn �i, Powers Agreement with the City of Breckenridge acting tluough its Police Department. j Recommendations. Approve (A) or Reject (R): � I Planning Commission CIB Committee Civil Service Commission Personal Service ConSracts Must Answer the Following Questions: 1. Has this person/Tirm ever worked under a contrect for this departmenl? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does lhis person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate shee! and attach to green sheet. � I � i �—____ _ � __ __ — — ___.____ ._. ___— �, i Initiating Problem, lssues, Opportunity (Whq What, When, Where, Why): The City of $seckefierdge-Bnlice Department wlll participate in the Internet Crimes Againat Children (ICAC) Task Force of the Saint j Paul Police Departrnent Authorizarion is needed. �Advantages If Approved: � � Opportunity to use grant funds to partnership with the City of Breckenridge Police Department. ; Disadvantages If Approved: None. .�� I M 2 4 �n __ . _— � I � — ----- --- — -- �� I DisadvanWges If Not Approved: ��� ������ �I ; Lost oppommity to use grant funds to combat internet crunes against children. ' — — - ToYal Amount of -- -- — - - ----------- �, : Transaction: CosURevenue Budgeted: � Funding Source: 436 � Aetivity Number: �056 I i I I � Financiallnformation: (Explain) I I __—_. - - _. _— _— _ — __— _ ___._-__—.__.._ _. _ . _.___ ___-_— March 12, 2010 3:48 PM Page 1 ����/g Minnesota Internet Crimes Against Children Task Force Multi-Agency Law Enforcement Agreement This Multi-Agency Law Enforcement Agreement, and amendments and supplements thereto, (hexeinafter "A�reement") is between the City of Saint Paul, acting through its Police Department (Grantee) and CI"I Y dF F3RECKEVRIDGE, acting through its POLICE DEPARTVIE\T_(hereinafter "Undersigned Law Enforcement A�ency") 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 Whereas, the above subscribed parties have joined together in a multi-agency task force intended to investigate and prosecute crimes committed against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of computers, and to disrupt and dismantle organizations engaging in such activity; and Whereas, the undersigned agencies agree to utilize applicable state and federal laws to prosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as Exhibzt A) disbursed by the Office of Juvenile Justice and Delinquency Prevention ("OJJDP") in Washington, D.C. to assist law enforcement in investigating and combating the exploitation of children which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by law enforcement as a result of such investigations; and Whereas, the OJJDP Internet Crimes Against Children ("ICAC") Grant Manager has been established representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub-grant recipients. Now Therefore, the parties agree as follows: The Undersigned Law Enforcement Agency approves, authorizes, and enters into this Meinorandum of Understanding with the purpose of implementing a three- pronged approach to combat Internet Crimes Against Children: prevention, education and enforcement; and The Undersigned Law Enforcement Agency shall adhere to the OJJDP ICAC Task Force Program Standards (attached to this Agreement as Exhibit B), in addition to state federal laws, when conducting undercover operations relative to ICAC; and l�- � l8 All officers contribxted by the Undersigned Law Enforcement Agency to the Minnesota ICAC Task Force shall be licensed peace officers or found by the Minnesota Board of Peace Officer Standards and Training to have comparable qualifications; and When a contributed officer of the Undersigned Law Enforcement Agency acts on the behalf of the Minnesota ICAC task Force within the scope of this Agreement, the officer's actions are within the officer's line of duty and course of employment to the same extent as if the officer had acted on behalf of the officer's employing Agency; and 4. The Undersigned Law Enforcement Agency shall indemnify, save and hold harmless the Grantee, its representatives and employees from any and all claiins or causes of action, including all reasonable attorney's fees incurred by the Grantee, arising from the performance of this Agreement by the Undersigned Law Enforcement Agency's officer/s/; and 5. All members of the Undersigned Law Enforcement Agency shall continue to be employed by the same Law Enforcement Agency employer which they were employed before joining the Minnesota ICAC Task Force and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer fringe benefits; and 6. The Undersigned Law Enforcement Agency shall submit all requests for undercover ICAC related operations in writing to the Commander of the Minnesota ICAC Task Force for presentation to the OJJDP ICAC Task Force Board of Directors; and 7. The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests; and 2 io-3�8 9. The Undersigned Law Enforcement Agency shall maintain accurate records pertaining to prevention, education, and enforcement activities, to be collected and forwarded monthly to the Minnesota ICAC Task Force Commander or his designee for statistical reporting purposes; and 10. The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP; and 1 l. The Undersigned Law Enforcement Agency sha11 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 sha11 be solely responsible for farwarding information relative to investigative targets and victims, to the ICAC data system pursuant to the OJJDP guidelines; and 13. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner all investigative equipment acquired through grant funding as a result of this Agreement in the event that: future federal funding is no longer available, the Agency decides to dissolve its binding relationship with the Minnesota ICAC Task Force and the Saint Paul Police Department, or the Agency breaches the Agreement. %- 3�g Terms of this agreement: This agreement shall be effective upon signatures. Nothin� in this agreement shall otherv,'ise limit the jurasdiction, pov,ers, and responsibilities normally possessed by an employee as a member of the Agency. John M. Harrington, ief of Saint Paul Police D partment Assistant St. Paul City Director of Office �f Fii�ncial Services Bv and Title A_gencv A�encvi certifies that the appropriate person(s) have executed the A reemene on behalf of the A�encv and its iuxisdictional �ovexnment entitv as required bv applicable articles laws, 0 Council File # Green Sheet #31 2337 RESOLUTION Presented by CITY OF SAINT PAllL, MINNESOTA �� 1 RESOLVED, that the City of Saint Paul, Police Department is authorized to entzr into the attached 3oint 2 Powers Agreement which includes an indemnification clause, with the City of Breckenridge acting through 3 its Police Department for participation in the Internet Crimes Against Children Task Force (ICAC). A 4 copy of said agreement is to be kept on file and on record in the Office of Financial Services. Req e�te by Dep e t� t f � t ` oved the Office of BY� ��J� Services Approded b ty Attomey B � /� 2 "`_ J Approved dy Mayor for Submiss on to Council Adoption Certified by Coun 7 Secretazy By: �(y� � i�'�^� �j `c�'�j�� B ' Approve a r Date -( `� �C� By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � lo-��g DepartmenVOffice/Council: � Date Initiated: ! M PD -- P�lice Department : �p MAR 2010 ; Green Si leet NO 3102337 Conpd Person & Phone: ' Chief John Harrinpton 2 Must Be on Council Agenda by (Date): �' Doc.Type:RE y Assign Number For Routing Order -�-- �epartment SeafToPerso� - -- InitieVDate _ _.__._. .--_-__`___- ; 0 PoliceDe artment __ _ _ __ Police ._______ —..-_ _�--- .... _ ____- ___.._ _�---_ --_ _ -� 1 �otice De arisoent _ _. ' _ __ Police Department _. _._ _ 2 C� Attom� _ � � ��- �� Attorv� __ �_ 3 FnancialSerrice _ DireMosFS _ _ 4 ��'_nancial Servias __ __ �- � � ' -� CAS Rm 2SOCH _ _ . _ 5 Poli� Department __ _� �_ �Police_DeparLment � __ __ _ _ __ _ .. _ _ ____-_- __ E-DocumentRequired: Y �, �, �� Document ConWCt: Evette Scarver '� �' Contact Phone: 266-5541 I I ' -�---- ------ --- -- - - - -- - ---- - -- ----_._. ' ToWI # of Signature Pages (Clip All Locations fior Signature) '� Action Requested: - - -- - --- � � � � � �-- -. � .. � -- � �� ��� � -- �-- ' 5ignatures on the attached council resolution authoriaing the Ciry of Saint Paul, Police Department to enter into ffie attached Joint ��� Powers Agreement with the Ciry of Breckenridge acting through its Police Departrnent. �-� - --- - ---- -- -- -' �--- -- -- - - � Recommendations: Approve (A) or Reject (R): � Planning Commission CIB Committee �� Civil Service Commission Pereonal Service Contracts Must Answer the Following Questions: 1. Has ihis personlfirm ever worked under a contract For this depadment� Yes No 2. Has this personlTirm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally passessed by any current city employee? Yes No h t � j � Explain all yes answers on separate sheet and attach to green s ee . I ' I__ - _-.__--____.- - . _ --__. _._ -_____ J� I � Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): The City of $recke��lice Deparknent will participate in the Internet Crimes Against Children (ICAC) Task Force of the Saint ; ' Paul Police DepartmenY. Authorization is needed. ' i i I ----�-- -------- - - -- -- -- - ---- - ---- -- ---- - ---- _ � I � Advantages If Approved: Opportimity to use grant funds to paekiership with the City of Breckenridge Police Department. � --- --�------�---_' F - ---- --� - - --- — ����� DisadvanWgeslfApproved: t�;�� i � 13one. �� , I MR� � 4 �znt� � �I DisadvanWgeslfNOtApproved: ��������qp�� �- ��� �I L,ost opportunity to use gant funds to combat internet crunes against children. @`� � d � , Total Amount of �' Transaction: I �' Funding Source: � Financiallnformation: (Explain) �� 436 CostlRevenue Budgeted: Activity Number: �056 � March 12, 2010 3:48 PM Page 1 ��-�lg Minnesota Internet Crimes Against Children Task Force Multi-Agency Law Enforcement Agreement This Multi-Agency Law Enforcement Agreement, and amendments and supplements thereto, (hereinafter "AgreemenP') is between the City of Saint Paul, actinQ through its Police Department (Grantee) and CITY OF BRT;CKFNRIDGE, acting through its POLICE DEPART�4E\T_(hereinafter "Undersigned Law Enforcement Agency") both which are empowered to enter into joint powers agreements pursuant to Minn. Stat. § 47L59, Subd. 10 & 12, and is further empowered to enter into this Agreement by Minn. Stat. § 626.76; and WheTreas, 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 facilifated by or through the use of computers, and to disrupt and dismantle arganizations engaging in such activity; and Whereas, the undersigned agencies agree to utilize applicable state and federal laws to pxosecute criminal, civil, and forfeiture actions against identified violators, as appropriate; and WheYeas, 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 funding, which are incurred by law enforcement as a result of such investigations; and Whereas, the OJJDP Internet Crimes Against Children ("ICAC") Grant Manager has been established representing each of the existing ICAC Task Forces to oversee the operation of the grant and sub-grant recipients. Now Therefore, the parties agree as follows: The Undersigned Law Bnforcement Agency approves, authorizes, and enters into this Memorandum of Understanding with the purpose of implementing a three- pronged approach to combat Internet Crimes Against Children: prevention, education and enforcement; and The Undersigned Law Enforcement Agency shall adhere to the OJJDP ICAC Task Force Program Standards (attached to this Agreement as Exhibit B), in addition to state federal laws, when conducting undercover operations relative to ICAC; and la- � l8 2. All officers contrib�ated by the Undersigned Law Enforcement Agency to the Minnesota ICAC Task Force shall be licensed peace officers or found by the Minnesota Board of Peace Officer Standards and Training to have comparable qualifications; and When a contributed officer of the Undersigned Law Enforcement Agency acts on the behalf of the Minnesota ICAC task Force within the scope of this Agreement, the officer's actions are within the officer's line of duty and course of employment to the same extent as if the officer had acted on behalf of the officer's employing Agency; and 4. The Undersigned Law Enforcement Agency shall indemnify, save and hold harmless the Grantee, its representatives and employees from any and all claims or causes of action, including all reasonable attorney's fees incurred by the Grantee, arising from the performance of this Agreement by the Undersigned Law Enforcement Agency's officer/s/; and 5. All members of the Undersigned Law Bnforcement Agency shall continue to be employed by the same Law Enfarcement Agency employer which they were employed before joining the Minnesota ICAC Task Force and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer fringe benefits; and 6. The Undersigned Law Enforcement Agency shall submit all requests for undercover ICAC related operations in �7iting to the Commander of the Minnesota ICAC Task Force far presentation to the 073DP ICAC Task Force Board of Directors; and 7. The Undersigned Law Enfarcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 8. The Undersigned Law Enforcement Agency must supply ariginal receipts to be reimbursed on pre-approved requests; and io-3�8 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 staristical reporting purposes; and 10. The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP; and 1 L The Undersigned Law Enfarcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources amongst the multiple entities; and 12. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets and victims, to the ICAC data system pursuant to the OJJDP guidelines; and 13. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner all investigative equipment acquired through grant funding as a result of this Agreement in the event that: future federal funding is no longer available, the Agency decides to dissolve its binding relationship with the Minnesota ICAC Task Force and the Saint Paul Police Department, or the Agency breaches the Agreement. % � ��g Terms of this agreement: This agreement shall be effective upon signatures. Nothing in this agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed by an employee as a membex of the Agency. John M. Harrington, ief of Saint Paul Police D parCment Assistant St. Paul City Director of Office,bf Fi�cial Services Bv and Title A,gency Agencvi certifies that the appropriate person(s) have executed the A�reement on behalf of the A�encv and its jurisdictional ¢overnment entitv as required b�applicable articles, laws.