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Home My WebLink About5.A.2. Internet Crimes Against Children (ICAC) Multi-Agency Law Enforcement Agreement CITY OF SHAKO PEE SfJ.2, POLICE DEPARTMENT Memorandum CON~t"~1 V~ll' TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jeff Tate, Chief of Police/Emergency Management Director SUBJECT: internet Crimes Against Children (ICAC) Multi-Agency Law Enforcement Agreement DATE: November 4, 2009 INTRODUCTION: The Shakopee Police Department is seeking authorization to enter into a joint powers agreement with the Minnesota Internet Crimes Against Children (ICAC) Task Force and the St. Paul Police Department. BACKGROUND: The St. Paul Police Department and ICAC affiliated agencies 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. Currently, 63 law enforcement agencies in Minnesota are ICAC affiliates, including the Scott County Sheriff's Office. The ICAC Multi-Agency Law Enforcement Agreement involves a three-pronged approach to combat internet crimes against children - prevention, education and enforcement. Enforcement is already being performed by the Shakopee Police Department by investigating our own cases involving internet crimes against children. ICAC offers a program called "Netsmart", which will assist our department by providing presentations and education material for children and parents on the dangers of internet predators. Also, being an affiliate of the ICAC task force will allow police department members to get funding for future training opportunities. . VISIONING RELATIONSHIP: J-~ This action supports: Goal C - Great place for kids to grow up. Strategy 6: Provide high quality services BUDGET IMPACT: There is no financial impact to the City of Shakopee. 1 RECOMMENDATION: Staff recommends entering into a joint powers agreement with the Minnesota Internet Crimes Against Children Multi-Agency Task Force and the St. Paul Police Department. ACTION REQUESTED: The City Council, if they concur, should by motion, authorize appropriate city officials to sign the Minnesota Internet Crimes Against Children Task Force, Multi-Agency Law Enforcement Agreement. Attachment: (1) Minnesota Internet Crimes Against Children Task Force, Multi-Agency Law Enforcement Agreement 2 Minnesota Internet Crimes Against Children Task Force .Multi-Agency Law Enforcement Agreement This Multi-Agency Law Enforcement Agreement, and amendments and supplements thereto, (hereinafter "Agreement") is between the City of Saint Paul, acting through its Police Department (Grantee), and the Citv of Shako nee. acting through its Police Department (hereinafter "Undersigned Law Enforcement Agency"), both which are empowered to enter into joint powers agreements pursuant to Minn. Stat. S 471.59, Subd. 10 & 12, and is further empowered to enter into this Agreement by Minn. Stat. S626.76; 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 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 estaplished representing each ofthe 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 1. 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 1 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 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 o ffi cer/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 8. The Undersigned Law Enforcement Agency must supply original receipts to be reimbursed on pre-approved requests; and 2 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 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. 3 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 Date Saint Paul Police Department Assistant St. Paul City Attorney Date Director of Office of Financial Services Date By and Title: Jeff Tate, Chief of Police/Emergency Management Director Agency Affiliate Contact Info: Detective Corey Schneck 952-233-9444 CSchneck@ci.shakopee.mn.us Agency: Shakopee Police Department Agency certifies that the appropriate person( s) have executed the Agreement on behalf of the Agency and its jurisdictional government entity as required by applicable articles, laws, by-laws, resolutions, or ordinances. CITY OF SHAKOPEE John J. Schmitt, Mayor Date Mark McNeill, City Administrator Date Judith S. Cox, City Clerk Date 4