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HomeMy WebLinkAboutRES 21-222RESOLUTION NO. 21-222 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute all documents necessary, specifically a Memorandum of Understanding, with the Office of the Attorney General of Texas for the Internet Crimes Against Children (ICAC) Task Force to provide training and technical assistance in support of their Internet Crimes Against Children initiatives. Said Memorandum of Understanding is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551 PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of September, 2021. /S-1i "'"""yl- Mayor Robin Mouton - l� e `gt Docu5lgn Envalope ID: 50FB0205-BF8A-4C51-AFA-EFFCCC1BE14A Memorandum of Understanding 2213981-01 OAG Contract No. This Memorandum of Understanding ("MOU") is executed between the Parties identified below, for certain Internet Crimes Against Children ("ICAC") Task Force activities. The Parties may be referred to in this contract individually as "Party" or collectively as "Parties." Section 1 Parties Beaumont Police Department ("Department") The Office of the Attorney General of Texas ("OAG") Section 2 Mission of the OAG The ICAC Task Force Program, created by the United States Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention, ("OJJDP"), is a national network of state and local law enforcement cybercrime units tasked with combating technology -facilitated child exploitation. These task forces work collaboratively as a national network of law enforcement and prosecutorial agencies that prevent, interdict, investigate and prosecute ICAC activities. The ICAC progranr requires existing task forces to develop multi - jurisdictional, multi -agency responses to such offenses by providing funding and other support to state and local law enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and equipment. This help encompasses investigative and forensic components, training and technical assistance, victim services, and commmmity education. The DAG is designatedby the OJJDP as the Regional Contact for the "Texas, Southern ICAC Task Force." The OAG is a recipient of an OJJDP ICAC grant. The GAG utilizes the ICAC grant funds to administer and operate an ICAC Task Force. The mission of the OAG's ICAC Task Force is to: (1) properly investigate and prosecute those who sexually exploit children through the use of the Internet and/or computers; (2) provide Raining and equipment to those involved in investigating and prosecuting Internet crimes against children, and (3) provide community education regarding the prevention of Internet crimes against children. Section 3 Term of MOU October 1, 2021 t MOU shall effective on and will continue in effect until September 30, 202024 Section 4 Purpose of the MOU The purpose of this MOU is to formalize the working relationship between the GAG and the Department, This MOU delineates the responsibilities and expectations of the Parties. By signing this MOU, the Department agrees to join the GAG ICAC Task Force for the primary ICAC mou Page 1 of4 EXHIBIT "A" eocuSlgn LnMope ln:50Fa92e6-eF8A4e57-AFA2 EFFCCCIBE14A purpose of vigorously and properly performing ICAC investigations. Byjoining the DAG ICAC Task Force, the Department will benefit from joint operations and extensive training Opportunities, By entering into this MOU, the OAG will benefit from the investigative support by the Department. This MOU cancels and replaces any prior existing ICAC Task Force MOU between the Parties. Section 5 Investigations All ICAC investigations will be conducted only by sworn law enforcement investigators and in a spirit of cooperation with other OAG ICAC Task Force members. Investigations will follow guidelines established by each Party's respective policy manual or guidelines. However, ICAC investigations shall also be governed by the national ICAC program's Operational and Investigative Stmrdards. Violation of the ICAC operational standards is cause for termination of this MOU. This MOU is not intended to infringe on the ongoing investigations of any other agency. It is agreed that unilateral acts on the part of employees involved in ICAC Task Force investigations are not in the best interest of the Task Force. Section 6 Department's Duties and Responsibilities The Department will ensure the following activities: A. Only sworn Department law enforcement personnel will conduct undercover ICAC investigations. Each investigator involved with undercover operations must receive ICAC training prior to initiating proactive investigations and shall submit reports of all undercover activity to the OAG. _ B. Conduct reactive investigations where subjects are associated with the Department's jurisdiction, including investigations of child pornography, CYBERTIP referrals from the National Center for Missing and Exploited Children, Internet Service Provider and law enforcement referrals, and other ICAC-related investigations, Additional case initiations may develop from subject interviews, documented public sources, direct observations of auspicious behavior, public complaints, or other appropriate sources. C. Record and document all undercover online activity. Any devialions firm this policy due to unusual circumstances shall be documented in the relevant case file and reviewed by the ICAC Task Force Program Manager, D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative files including, without limitation, computer records, in order to ensure compliance with all national ICAC standards. E. Locate its ICAC investigators in secured space provided by the Department with controlled access to all equipment, software, and investigative files. At a minimum, ICAC MOU Page 2 of 4 DocuSige Envelope ID: 50FB8205-BFBA-4C57-AFA2-EFFCCC1BE14A information should be maintained in locked cabinets and under control of the Department ICAC Task Force personnel, with restricted access to authorized personnel only. F. Conduct education and prevention programs to foster awareness and provide practical, relevant guidance to children, parents, educators, librarians, the business and law enforcement communities,and other individuals concerned about Internet child safety issues. Presenters shall not discuss ongoing investigative techniques and undercover operations utilized by the ICAC Task Force. Section Supervision; Compliance with Regulatory and Licensing Bodies The Department will be responsible for the day-to-day operational supervision, administrative control, and personal and professional conduct of its officers and agents assigned to the Task Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint process guided by ICAC standards. The Department agrees that it has obtained all licenses, certifications, permits and authorizations necessary to perform the responsibilities of this MOU. The Department agrees to comply with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance, state, or federal laws. Section 8 No Employment Relationship with the OAG; Liability The Department expressly agrees that there is no employment relationship between the Department and the OAG. Under no circumstances shall any owners, incorporators, officers, directors, employees, or volunteers of the Department be considered an employee, agent, servant, or partner of, or part of anyjoint venture or joint enterprise with, the OAG. To the extent allowed by law, the Department is responsible for all types of claims whatsoever due to their own actions or performance under this MOU, including, but not limited to, the use of automobiles (or other transportation), taken by its owners, incorporators, officers, directors, employees, volunteers or any third parties, Section Reporting Statistics Using the reporting form provided by the OAG, the Department shall submit monthly statistics to the OAG on all ICAC investigations or other investigative work pertaining to the sexual exploitation of children via the Internet. These statistics shall be submitted in time appropriate format by the tenth (10th) calendar day of each month, and shall include data on all related investigations opened or closed during the month, as well as forensic examinations, technical/investigative assistance provided to other agencies, subpoenas and court orders issued, training hour's attended and taught, and community outreach provided, In addition, the Department shall provide detail reporting on the basic one data for each sexual exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor (enticement,traveler) case investigated by the Department. The OAG will then be responsible for all required reporting to OJJDP. ICAC MOU Page 3 of 4 Docualp Envelope ID: 50F98205-BFBAA057-AFA2-EFFCCCtaE14A Section 10 Training The Department shall make investigators designated as ICAC Task Force members available for applicable specialized training provided tloough the national ICAC program and other appropriate training programs. The Department will support file on -going training needs of its investigators to maintain their competency and currency. Section 11 Confidentiality It is understood that any confidential information pertaining to ICAC investigations will be held in the strictest confidence, and will only be shared with participating OAG ICAC Task Force members or other law enforcement agencies where necessary or as otherwise permitted by federal and/or state law. Section 12 Termination of MOU Either Party, at its sole discretion, may terminate this MOU for convenience upon written notice to the other Party at least thirty (30) calendar days in advance of the effective date of such termination. The OAG may terminate this MOD for cause for the following reasons that include, but are not limited to, failure of Department to accept and/or investigate cyber tips, failure of Department to report statistics to the OAG, failure of Department to adhere to national ICAC prograin's Operational and Investigative Standards, or failure of Department to exercise reasonable efforts to support the on -going training needs of its investigators to maintain their competency and currency. Section 13 Signatures The Parties stipulate and agree that the signatories hereto are signing, executing and performing this MOU only in their official capacity. Office of the Attorney General Attorney General or designee Authorized Official ICAC MOU Page 4 of 4 Certificate Of Completion Envelope Id: 60FB0Z05BF8A4C67AFA EFFCCC1BE14A Subjs& ICAC MOO - Beaumont Pulse Oepadmem, DAG Contract no. 22130BI-01 Template ID: Source Envelope: Document Pages: B Slgnaturea0 Cergllcate Pages: l Iall1ria: 0 AuldNew Enabled Envelopeld Stamping: Enabled Tlme Zone: (UTG05:00) Central Time (US B Canada) Record Tracking Status: Original 011912021 10:i B:40 AM Signer Events Michael Neill Michael, n.111@oeg.lexas.gov Offla, o/ the Allwney General of Texas Security Level: Email, Account Authanllcellon (None) Electronic Record and Signature Disclosure: Not OSeretl via D..Slgn Trey Morales Irey.mgralea�oeg.texas.gov Asset Fo .Jhwe Manager OBlce of the Attorney General of Texas Securily Level: Email, Account Authentication (Nona) Eleclranlc Record and Signature Disclosure: Not Offered vie DocuSlgn Jason Antlemon Jason.Andemop®oag.texes.gov Cominal Investigations DHIslon Chief OSIce of the Attorney General of Texas Security Level: Email, Account AcUremicatlen (None) Electronic Record and Signature Disclosure; Not Offered via OocuSlgn Heather My.. Healher.Myets®oeg.lexaa,gw Once of the Attorney General of Texas Signing Group: General Counsel, Contracts Security Level: Email, Account Aulhanllcation (None) Electronic Record and Signature Disclosure: Accepted: 9124/20199:65:24 PM ID: 63269ab0-d9aB469-92c6-db96f]03B36f Holder. Michael Neill Mlchael.Nelll®oeg,laxas.gov Signature Completed Using IP Address: 204,04,%14 Completed Using IP Address: 204,6455.14 Completed Using IP Address: 204.64.60 212 Completed UWP91P Address: 104.54.19i, 123 Signed using mobile DocuSign Status: Sent Emebpe originator. Michael Will PO Box 1264B - Ausgn,T% 7e711-2548 MlchaeLNeIIIQoag.lexaagov IP Address: 204.64,66.14 Location: OocuSlgn Tlmestamp Sent: 8l19202110:20:06 AM Viewed: 8I1912021 10:20:23 AM Signer; all 9120211020:29 AM Sent: fe (W021 10:20:09 AM Viewed; 01192021 10:42:00 AM Slgnsd; 0/19/2021 10:42:04 AM Sent: V 912021 10P42:05 AM Viewed: W2012021 9:30:36 AM Signed: 812012021 9;31:10 AM Sent'. 812012021 9:3T:12 AM Vlewed'. 012012021 5A:32 PM Signed: 61202021 6:28:39 PM Signer Events Signature Timestamp Michael Nal° Completed Sane a t20120219:31:12 AM MlcneeLNaulQoeg.laxaa,gov Yawed: 020)20212i60:40 PM Office of the Attorney General of Texas Signed: 012012021 2:50:44 PM Staining Group: Financial Litigation -FLO Attorney Using lP Address: 204.64,66.14 Review Security Level: Email, Account Authentication (Nons) Eleclranlc Record and Signature Disclosure: Not Offered via DocuSlgn Brent Dupre Completed Senl: 812020215:28:41 PM Brent.Dupm@oag.lexes,gev Viewed: 512=02110:06:26 AM Director of Lew Enforcement signed: BI2312021 %06:31 AM Secudty Level: Email, Account Awhentica9un Using IF Address: 204.54.50.212 (Nona) Electronic Record and Signature Dlsclosure: Net Offered Ala Docualgn Captain Chris Schmidt Completed Se01: BY23202110'A6:34 AM chdeschuldtQneaumonitexas.gov Resent: 9/212021 9:15:51 AM Semrhy Level: Email, Account Authentication Viewed', 912J2021 9:601B AM (None) Using IP Address', 98.6.105.34 Signed9122021 9:53:11 AM Electronic Record and Signature Dlsclosure: Acoepted'. 902021 9:50:10 AM ID:aWt)663361d-4153-W),-lc2Rs515fd9 - Josh Reno Sent: 902021 9$5:16 AM losh.renottoag.lexas.gov, Deputy AltomBy General for Criminal Justice OHlce of the Anorney General of Texas Security Level Emali, Account Authentlee4on (None) EN.1 or le Record and Signature DFsefesure: Not Offered vie DocuSgn Assf. ChWJ m Clay Sane PM2027 9:53tt5AM jlm.deyQbeaumonitexes.ecv Security Level: Email. Account Authentication (None) Electronic Record and Signature Disclosure; Accepted: 0r2512018 251:12 PM ID: e3I1,2610-b310-42a2-9mo-1f551441 cbgi In Person Signer Events Signature - Timestamp Editor Delivery Events Status Timestamp Agent Dellvery Events Status Timestamp Intermediary Delivery Events Status - Timestamp Certified Delivery Events - Statue Timestamp Carbon Copy Events - -. Status Tlmeslarllp Carbon Copy Events Status GCO Contracts , COPIED GCoConlracls�oaggexas.gov GCD Contracts Offs. o1 the Allorney Gon.) Security Level: Emall, Account Authentication (None) Eledranlc Record and Signature Dlsclosu®: Not Offered We DoWSlgn Jo Anna Osborn Jopnno.Osbom@oeg.laxes.gov Secvlrlly Level: EmeR Account Aulhanlicallon (None) Electronic Record and Signature Disclosure: Not Offered vla Da.Slgn Corry Smid Cody.Smlrl@wg.lexas.gov Scarily Level: Email, Account Authenllostlon (None) Electranic Record and Signature Olsctosure Not Offered via DecuSlgn Mogen De Le Rose Megen,NLeRosa@oeB.texaa.gov Securlly Level: Emall. 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