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10-570CouncilFile# � S�0 Green Sheet #3109099 RESOLUTION CITY OF SQ�INT PQUL, MtIVNESOTA J Q Presented 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 South Saint Paul, acting through its 3 Police Department for participation in the Intemet 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. � � to Adoption Certified by oi �cil Secretary By: By_ �� — Approv�d'�y yor: Date �J � � 1 � s _ B ���.� Adopted by Council: Date (`, ���j / Q �o- 5�ro � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � - '�, DepartmeM/OfficelCouncil: ; Date Initiated: ' , Pp _ Qot��ePa�,�,t 30APR2010 ! Green Sheet NO: 3109099 - --- -- - ---, ---�---------�--�" '� Department -- - SentTo Person InitiallDate �� ConWCt Person & Phone: � � - - - - -- - Chief Johfl HarrinptOn � ' 0 �ohce Department _ __ _ Pouce Deparhnent � _ . _ __ _ � 266-5588 ! 1 `Pohce �artment __ _ __ _ Pohce D�rtment _ _ _ , - -- - - - � Assign �, 2 Ci Attorne � I i _ . _ C� Attorney _ _L� � !- , �' Y - ___ �' Must Be on Council Agenda by (Date): � Number ' g�oauciai Serv�ces __ i , D�rector FSO I__ ___ ' , 1 Por � - - - _ �'-- - �---- - - - - - - -- � - -� Routing I 4 -' n1M{4x f�--- `°s`°°"r"`° � -- --- �: Doa TyPe: RESOLUTION : Order !, 5 ��em••� - Co14�'f 4 �. I . - �� � _ _ __ � ; � � 6 �eMse�Bepmdne�'�ii�UL`�Cf� _ .. _ __ _ _ . ________ _ . _ � ) , �, E-DocumentRequired: Y �' � �i Document Contact: Evette Srarver I �', , I �, I - - ConWct Phone: 266-5541 __ ___ _ - _ __ - _ - h _____ I ; Total # of Signature Pages (Clip All lowtions for Signature) � ____ __ _____— _— _-_- _ .._ _ __- __ - ____- I ActionRequested: � ------- - - �� ���- ����- I Signatures on the attached council resolution aathorizSng the City of Saint Paul, Police Department to entei inm the attached Joim � '��� Powers Agreement with South Saint Paul, acring through its Police Deparknent. -- ------ -- --- ---- - - - --- -- ---- �-- �- - - � � - �- - i Recommendations: Approve (A) or Reject (R): �I Personal Service Contracts Must Answer the Foliowing �uestions: ; � Planning Commission � 1. Has this person/firtn ever worked under a contract for this department? � �� CIB Committee i Yes No . ' Civil Service Commission 2. Has this person/firm ever been a city employee? �, I Yes No I , 3. Does this person(ficm possess a skill not normally possessed by any '� I current city employee? i I Yes No I F�cplain all yes answers on separate sheet and altaeh to green sheet. 'I___ _ _ _ _ ____ ______ __ ____L_______-_..__-___-_____ __ ... ...__ i Initiating Problem, Issues, Opportunity (Whq What, When, Where, Why): South Saint Paul Police Deparhnent will participate in the IntemeY Crimes Against Children (ICAC) Task Rorce of the Saint Paul l i Police Department. Authorization needed. �-- -� ----- - - - -- - � - - --- -- -- --- -------- ------ ---- - ---- - -- - ; Advantages If Approved: ; Opportunity [o use grant funds to pachiexslup with South Saint Paul PoGce Departrnent. Disadvantages IF Approved: None. , �. . _-- -- - - - - --- --------- - - � � - -----�------. . : DisadvanWges If Not Approved: Lost opportunity to use grant funds to partnership with South Saint Paul Police Deparlment. ! Total Amount of I Transaction: I Funding Source: �� Financiallnformatioa: i l (Explain) I CosURevenue Budgeted: ActivityNumber: y��' ����/�+� ��� - - i ' s"�e���` � C� ����f . — — — — —_ _ — -- — _... �� � ��� April 30, 2010 12:59 PM Page 1 ,� Minnesota Internet Crimes Against Children Task Farce Multi-Agency Law Enforcement Agreement �o -5� This Multi-Agency Law Enforcement Agreement, and amendments and supplements thexeto, (hexeinafter "Agreement") is between the City of Saint Paul, acring tYuough its Police Department (Grantee) and South Saint 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 ExhibiY A) disbursed by the Office of Juvenile Justice and Delinquency Prevention ("073DP") in Washington, D.C. to assist law enforcement in investigating and combating Yhe 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 e�sting 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 thre� 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 • 5�0 2. All officers contributed by the Undersigned Law Enforcement Agency to the Minnesota ICAC Task Farce shall be licensed peace officers ar 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 af 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 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 Enfarcement 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 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 ariginal receipts to be reimbursed on pre-approved requests; and �d-S�o 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 putposes; and 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 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. �e-S�o 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 Paui Police Department Assistant St. Paul City Director of Office o�F'inancial Services Bv and Title ' � A�encY A�ency certifies that the ap�priate person(s) have executed the A�reement on behalf of the A�encv and its jurisdictional eovernment entitv as rec�uired bv applicable articles, laws, �-_ ---- - _ -_ � Date"�� r Date -., -i Date y- �` -i, ��-•o Date 4