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10-569CouncilFile# �o'"Sb�i Green Sheet#3 RESOLUTION � CITY OF 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 includes an indemnification clause, with the City of Hibbing, acting through its 3 Police Department for participation in the Internet Crimes Against Children Task Force (ICAC). A copy 4 of said agreement is to be kept on file and on record in the Office of Financial Services. � �-��� ������� , ���y of: � � Adopted by Council: Date �� �PJ / j� Approved Ado�ption Certified by C uncil Secretary gy; BY� Jj1�.4/ APPro �'o� r�_ D ���7/�/D/O Bv� 11( - to-51 � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet - -- - ___ , P �e�v��e,�o�����: ; 30APR o o � Green Sheet NO: 3109102 Pohce Department !, -- , i �. -- DeoaMmen - -�- - - - - - � SentToPerson � IniGallDate i . .. _- ___- _ _ _ _._ _ - - ,. I _ _. _- _ ' ChiefJohnHarnngton y � o goGeenepartment___ ____ _'r.. rohceDe4anment_ � . _ _ � Contact Person 8 Phone: ' � 266-5588 ' 1 �otice Departoeot � �, _ Pol�ce Department _ _ _ _ _ _ - _ _ _ _ - - _ -- - _ ' �`�9� � 2 C� Attoroe _. '� I CrtY Attomey J __ — � ' ' , h Y __ ._ - ', Must Be on Council Agenda by (Date): ; Number - - - - ---- �' -- � "- Fo� 'i 3 �'mancial $erv�ces _ i Director, FSO '�. _ _ _ __ . _ � _... ___ _ _- - I —_ __— _ . _ _ _ _ _ � ROUting '� 4 'Mayor's Oifice ._. _ _ . �_ Ma�or � RESOLUTION �. Order : 5 Couocil_ ii Councii _ ___ '�, � Doc. T Pe: �� . _ _ _ —_ _ -_ _ _ � i — _ . - i � ;, 6 �C� Clerk _ _ - _______ _ " _ _ _ Cily Clerk _ _ . I ._ __. _ _ _ _ — _ _._ _-_ ___ , � _—.—. _-. , i ---�- — � �� 7 oliceDepartment _ _ __ _ ' _ _POhceDepartment _ _ _ _____ _ ,, i E-Doeument Required: Y , � �' Dowment CoMaat: Evette Scarver I � � � � ToWI # of S nature Pag 5 All Locations for Sig ----- ---- --- ---� { � _ ___ _ -_- __ _. _ _ ______ _ __ _ _ .. __-- ' 9 � nature) . --- - ---------- - .. _ __---------------- � Action Requestetl: � � ' Signatures on the attached council resolution authorizing the Ciry of Saint Paul, Police Department to enter into the attached 3oint I ' I 'i Powers Ageement with the CiYy of Hibbing, acting through its Police Depar[ment. j Recommendations: Approve (A) or Reject (R): ' Planning Commission ���. CIB Commiflee Civil Service Commission �� Personal Service Confracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not nortnaily possessed by any wfrent city employee? . Yes No 1 Explain all yes answers on separate sheet and attach to green sheet. � - - - - - -- -- - ---- -- -- ----- - - - -- --- --- - �I Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): j The Ciry of Hibbing Police Department will participate in the Intemet Crimes Against Children (ICAC) Task Force of the Saint Paul I Police Deparlment. 1 ... - -- - - ---- - - -- - - ----- - - - ---- -- --- -- -- ------ ------ - -- . . .- - --- ._.---- � AdvanWges If Approved: I� Opportunity to use grant funds to partnerslup with the City of Hibbing Police Deparhnent. Disadvantages R Approved: None, � Disadvantages H Not Approved: � � � Lost opportunity to use gra�t funds to pattnership with the City of Hibbing Police �Deparhnent. Total Amount oi Trensaction: Funding Source: 436 �i, Financiallnformation: � (Explain) CosURevenue Budgetetl: i -- i I Activity Number: �056 �`�.` � _____ __..__._._._ _ ____ 4iT [.. _ April 30, 2010 7:18 PM Page 1 10 -Seq Minnesota Intemet Crimes Against Children Task Force Multi-Agency Law Enforcement Agreement This Multi-Agency Law Enforcement Agreement, and amendments and supplements theretq (hereinaHer "Agieement") is between the City of Saint Paul, acting through its Police Department (Grantee) and Cit�of Hibbin�, acting ttu'ough its POLICE DEPARTMENT (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 furthei 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 vioiators, as appropriate; and Whereas, the Grantee is the recipient of a federal grant (attached to this Agreement as ExhibiY 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 enfarcement as a result of such investigations, and Whet'eas, the OJ7DP Internet Crimes Against Children ("ICAC") Grant Manager has been established representing each of the existing ICAC Task Farces to oversee the operation of the grant and sub-grantrecipients. Now Therefore, the parties agree as follows: The Undersigned Law Enforcement Agency approves, autharizes, 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 �o-S6q 2. All officers contributed by the Undersigned Law Enforcement Agency to the Minnesota ICAC Task Force shall be licensed peace officers or found by the Minnesota Board of Peace Officer Standards and Training to have comparable qualifications; and 3. When a contributed officer of the Undersigned Law Enforcement Agency acts on the behalf of the Minnesota ICAC task Force within the scope of this Agreement, the officer's actions are within the officer's line of duty and course of employment to the same extent as if the officer had acted on behalf of the officer's employing Agency; and 4. The Undersigned Law Enforcement Agency shall indemnify, save and hold harmless the Grantee, its representatives and employees from any and all claims ar 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 The Undersigned Law Enforcement Agency shall submit all requests foz undercover ICAC related operations in writing to the Commander of the Minnesota ICAC Task Porce for presentation to the OJJDP ICAC Task Force Board of Directors; and Z The Undersigned Law Enforcement Agency must first submit a written request far funds and receive approval for the fimds 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 ln- smq 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 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 Enfarcement 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 Porce 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. \0 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, ief of P Date � Saint Paul Police Department ` ,` P Assistant St. Paul City Attorney Director of Office of Date By and Title A� A�encvi certifies that the a�propriate person(s1 have executed the Agreement on behalf of the Agency and its jurisdictional �overnment entity as required by anplicable articles, laws . s�FF Ra0.«:. C..b.K.� 4 cn;cler. H.�:.. Po\.c� e • ( �� �� llate