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10-505Council File # 10-505 Green Sheet # 3105016 RESOLUTION CITY OF S91NT P�,UL, MINNESOTA /� Presented by 1 RESOLVED, that the City of Saint Paul, Police Departrnent is authorized to enter into the attached Joint 2 Powers Agreement which includes an indemnification clause, with the City of West Saint Paul acting 3 through its Police Department for participation in the Internet Crimes Against Chiidren Task Farce 4(ICAC). A copy of said agreement is to be kept on file and on record in the Office of Financial Services. Adoption Certified by Coui cil Secretary By . � Approve yMa Dat Z7 7�alo By: � Adopted by Council: Date S��%��//j� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sh��t 5 � � DepartmenllOfficelCouncil: � � Pp _ Police Department Contacl Person & Phone: Chief John Harrington 266-5588 Must Be on Council Agenda by (Date): Doc. Type: RESOLUTION E•DOCUment Required: Y Document Contact: Evette Scarver vaw ..nua.v... 31 MAR2010 Green Sheet NO: 3105016 � Assign Number For Routing Order 0 1 2 3 4 5 6 7 Sent To Person InitiallDaM � ! Polic eDepartment __ j _ ___ � Police Depar[ment � CiN Attorney � ✓ Director. FSO _ Mayor __ _ Council � � ___CiNClerk _.� _.___ � _Palice Department J _ I i ConWCtPhone: 266-5541 'I __J__. _ _— ___.___ ._- ____. _ _ .. _- ____ Total # of Signature Pages _(Clip All Lowtions for Signature) _._ _____.-. -__ __ _._____— .___--_.. -_- _- ___ _—.- —_- Action Requested: Signatwes on the attached council resolurion authorizing the City of Saint Paul, Police Department to enter into the attached Joint Powers Agreement with the City of West Saint Paul, acting fluough its Police Department. Recommendations: Approve (A) or Rejed (R): Planning Commission CIB Committee Civil Service Commission Perso�al Service Contrects Must Answer the Foliowing Questions: t. Has this person/firm ever worked under a contrect for this deparlmenY? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does ihis person/firm possess a skill not normally possessed by any current city employee? Yes No Facplain all yes answers on separate sheet and attach to green sheM. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The CiTy of West Saint Paul Police Depattment will participate in the Internet Crimes Against Children (ICAC) Task Force of the Saint Paul Police Deparhnent. Authorizafion is needed. 4 ----- - ---- - - ---- - --- �i pdvantages If Approved: � Opportunity to use grant funds to partnership with the City of West Saint Paul Police Department. Disadvantages If Approved: None. �-- - -- --- - --- ---- -- ----- � Disadvanqges IF Not Approved: , Lost opportuniry to use grant funds to parhierslrip with the Ciry of West Saim Paul Police Department. ToWI Amount of Tra�saction: i Funding Source: 436 '� Financial information: (Expiain) CosNRevenue Budgeted: Adivity Number. �056 ��,�VE� __� �s.-v-��---' - C . • . March 31, 2010 2:43 PM Page 1 /_ � ,k0-505 ��v Minnesota Internet Crimes Against Children Task Force Multi-Agency Law Enforcement Agreement This Multi-Agency Law Enforcement Agreement, and amendments and supplements thereto, (hereinafter "AgreernenY') is between the City of Saint Paul, acting through its Police Department (Grantee) and the Citv of West St. Paul , acting through its Police Department (hereinafter "Undersigned Law Enforcement Agency") 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 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 chiidren which occurs through the use of computers by providing funding for equipment, training, and expenses, including travel and overtime funding, which are incurred by Iaw 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 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 10-505 2. All officers contributed by the Undersigned Law Enforcement Agency to the Minnesota ICAC Task Force shall be licensed peace officers or found by the Minnesota Board of Peace Officer Standards and Training to have comparable qualifications; and 3. When a contributed officer of the Undersigned Law Enforcement Agency acts on the behalf of the Minnesota ICAC task Force within the scope of this Agreement, the officer's actions are within the officer's line of duty and course of employment to the same extent as if the officer had acted on behalf of the officer's employing Agency; and 4. Each party to this agreement shall save and protect, hold harmless, indemnify and defend each other and each other's ofFicers and employees, against any and aIl claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses, including all reasonable attorney's fees, arising from, or allegedly arising from, or resulting directly or indirectly from each parties own professional errors and omissions and/or negligent or wiliful acts or omissions, in the performance of this Agreement; and 5. All members of the Undersigned Law Enforcement Agency shall continue to be employed by the same Law Enforcement Agency employer which they were employed before joining the Minnesota ICAC Task Force and all services, duties, acts or omissions performed by the member will be within the course and duty of that employment, and therefore, are covered by the Workers Compensation programs of that employer; will be paid by that employer and entitled to that employer fringe benefits; and 6. The Undersigned Law Enforcement Agency shall submit all requests for undercover ICAC related operations in writing to the Commander of the Minnesota ICAC Task Force for presentation to the OJJDP ICAC Task Force Board of Directors; and 7. The Undersigned Law Enforcement Agency must first submit a written request for funds and receive approval for the funds from the Grantee to receive any funds from the Grantee; and 8. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests; and 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 2 10-505 10. The Undersigned Law Enforcement Agency shall participate fully in any audits required by the OJJDP; and 11. The Undersigned Law Enforcement Agency shall make a reasonable good faith attempt to be represented at any scheduled regional meetings in order to share information and resources amongst the multiple entities; and 12. The Undersigned Law Enforcement Agency shall be solely responsible for forwarding information relative to investigative targets and victims, to the ICAC data system pursuant to the OJJDP guidelines; and 13. The Undersigned Law Enforcement Agency shall provide the Minnesota ICAC Task Force Commander in a timely manner all investigative equipment acquired through grant funding as a result of this Agreement in the event that: future federal funding is no longer availabie, 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. io-sos 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 member of the Agency. �� John M. Harrington, Chief of Police Saint Paul Police Departmeraf%'�� s� I ; � Assistant St. Paul City Attorney ;' Director of Office of Financial Se Bv and Title Aqencv L. • Date Date / : 1 �,. -� ,�� \ ',. , i 3- Z3- z0io Date �- L3 , � 2 oi� �,73- L �i� 0 Man G. Shaver, Police Chief