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HomeMy WebLinkAbout2014 Ordinance No. 011• ORDINANCE NO . ./L SERIES OF 2014 BY AUTIIORITY COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "COLORADO INTERNET CRIMES AGAINST CHILDREN TASK FORCE MEMORANDUM OF UNDERSTANDING (MOU)" BETWEEN THE CITY OF COLORADO SPRINGS AND MEMBER PARTIES INCLUDING THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, governments have the authority to join in agreements to fight these crimes pursuant to the Colorado Constitution, Article XX, Section 6; Colorado Constitution Article XIV, Section 18; Section 29-1-203 C.R.S., Title IV of the federal Juvenile Justice and Delinquency Prevention Act of 1974, as amended; and WHEREAS, the mission of the Task Force shall be to: share intelligence gathered by the parties relating to internet crimes committed against children; make inter-jurisdictional arrests of suspects; conduct training; provide public education on internet safety and preventive measures; conduct joint open and undercover investigations pertaining to internet crimes against children; and WHEREAS, internet crime against children is an ongoing problem in the City and State as well as around the world; and WHEREAS, The Colorado Internet Crimes Against Children (COICAC) Task Force has been established to assist state and local law enforcement agencies in developing an effective response to cyber enticement and child pornography investigations; and WHEREAS, The Colorado ICAC Task Force is governed by the National ICAC Operational and Investigative Standards (standard operating procedures), the Colorado Revised Statutes and each Agency's policies and procedures or guidelines; and WHEREAS, the Colorado Internet Crimes Against Children Task Force is partially funded by a grant from the Department of Justice/Office of Juvenile Justice and Delinquency Prevention to provide grant funds for training, equipment, and investigations; and WHEREAS, City Council approved and authorized an Intergovernmental Agreement for the Internet Crimes Against Children Regional Task Force by the passage of Ordinance No. 63, Series of 2007; and WHEREAS, City Council approved and authorized an "Intergovernmental Agreement For The Internet Crimes Against Children Regional Task Force" by the passage or Ordinance No. 58, Series of2008; and 9 bii WHEREAS, by the passage of this ordinance the Englewood City Council authorizes the City of Englewood's participation in the "Co lorado Internet Crimes Against Children Task Force Memorandum of Understanding (MOU) and acceptance of any Grant funding awarded to the Englewood. NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Intergovernmental Agreement For The Colorado Internet Crimes Against Children Task Force Memorandum of Understanding (MOU), attached hereto as Attachment 1, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is hereby authorized to sign and the City Clerk to attest and seal said Agreement for and on behalf of the City of Englewood, Colorado. Section 3. The Colorado Internet Crimes Against Children Task Force is partially funded by a grant from the Department of Justice/Office of Juvenile Justice and Delinquency Prevention to provide grant funds for training, equipment, and investigations Introduced, read in full, and passed on first reading on the 3rd day of March,. 2014. Published by T itle as a Bill for an Ordinance in the City's official newspaper on the 7th day of March, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of March, 201 4 for thirty (30) days. Read by title and passed on final reading on the 17th day of March, 2014. Published by title in the City's official newspaper as Ordinance No ./L Series of 20 14> on the 21st day of March, 2014. Published by title on the City's official website beginning on the 19th day of Marcb,2014forthirty(30)days. ~. ~ I r_ ~P. Penn, Mayor 1u/5 ""'--= I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No.~ Series of 2014. ~@S LoucrishiaA.Elus • M'MION COLORADO INTERNET CRIMES AGAINST CHILDREN TASK FORCE MEMORANDUM OF UNDERSTANDING (MOU) The Internet Crimes Against Children (ICAC) Task Force program has been established to assist state and local law enforcement agencies in developing an effective response to cyber enticement and child pornography investigations. This support encompasses Investigative, prosecutorlal and forensic components, training and technical assistance, victim services, prevention and community education. COl.aRADO ICAC IAU fOllCI The Colorado Internet Crimes Against Children (COICAC) Task Force is committed to the protection of children. The COICAC Task Force Is partially funded by a grant from the Department of Justice/Office of Juvenile Justice and Delinquency Prevention and grant funds may be provided for training, equipment and investigations. The City of Colorado Springs Police Department (hereinafter referred to as the "City") Is the grant holder and lead task force agency. All participating agencies, defined as Affiliate Agencies (hereinafter referred to as "Agency"), acknowledge that the Colorado ICAC Task Force is governed by the National ICAC Operational and Investigative Standards (standard operating procedures), the Colorado Revised Statutes and each Agency's policies and procedures or guidelines. Each Agency will adhere to these minimum standards. This Memorandum of Understanding ("MOU") is not intended to infringe on the ongoing investigations of any Agency. DIRICDQN The Agency agrees to the following: 1. Adopt and comply with the National ICAC Operational and Investigative Standards ("Exhibit A"); and, 2. Investigate any Cybertips supplied by the National Center for Missing and Exploited Children (NCMEC) that occur In the Agency's jurisdiction and notify the City of the outcome of the Investigation; and, 3. Participate i n training of Agency Task Force members when Agency resources allow; and, 4. Cooperate In joint or national investigations when Agency resources permit; and, 5. When physically conducting an Investigation In another jurisdiction other than the Agency's shall be accompanied by a law enforcement officer of the jurisdiction In which the investigation is occurring; and, 6. Attend COICAC Task Force meetings when Agency resources allow; and, 7. Submit the monthly report by the 10th of each month to the CSPD; and, 8 . Deconfllct any Internet Protocol address, online identity, suspect information or any critical data involving an ICAC related investigation with a deconflictlon tool (Roundup, ICAC Child Online Protection Service/aka Fairplay, TLO) prior to beginning an investigation and/or executing a search warrant; and, A T T A C H M E N T 1 COLORADO INTERNln' CRIMES AGAINST CHILDREN TASK FORCE MEMORANDUM OF UNDERSTANDING (MOU) This MOU shall be effective on the date the Agency Is accepted to the COICAC Task Force and upon execution of the MOU. This MOU shall remain In effect until cancelled by either party upon written notification. AGENCYNAMI: City of Englewood, Colorado I CHIEF ExECUTIVE Gary Sears, City Manager ADDRESS 3615 S. Elati St, Englewood,CO 80110 CONTACT NUMBERS 303 762~2393 AGENCY CONTACT Joseph Fowler AGENCY SUPERVISOR ' Christian Contos Having read the operational guukllnu, I request that my agency beco~ ojJUlllJed with the COICA.C Task Force and I agree to the MOU tenm. SIGNATURE CATIE Randy P. Penn, Mayor • • COUNCIL COMMUNICATION C Date: Agenda Item: Subject: March 3, 2014 9 a ii Intergovernmental Agreement -Colorado Internet Crimes Against Children Task Force Initiated By: Staff Source: Police Department Commander Sam Watson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council previously passed Ordinance No. 58 (Series of 2008), which authorized our participation in the Internet Crimes Against Children Regional Task Force. RECOMMENDED ACTION The Police Department is recommending that City Council adopt a Bill for an Ordinance authorizing a Memorandum of Understanding with the Colorado Internet Crimes Against Children Task Force (COICAC). BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Colorado Internet Crimes Against Children (COICAC) Task Force program has been established to assist state and local law enforcement agencies in developing an effective response to cyber enticement and child ornography investigations. This support encompasses investigative, prosecutorial and forensic components, training and technical assistance, victim services, prevention and community education. The COICAC Task Force is partially funded by a grant from the Department of Justice/Office of Juvenile Justice and Delinquency Prevention and grant funds may be provided for training, equipment and investigations. The City of Colorado Springs Police Department is the grant holder and lead task force agency. As part of our participation in the COICAC Task Force, we have been awarded a grant of $6,200 which would be used to purchase a laptop computer and "Cellbrite" software which is used for forensic inspections of cell phones. FINANCIAL IMPACT There is no cost to participate in COICAC. We have been approved to receive a grant award of $6,200. LIST OF ATTACHMENTS Grant award documentation Proposed Bill for an Ordinance Joseph Fowler -From: Sent To: Cc: Subject Dear Officer Fowler, Van Kampen, Janet <vankamja@springsgov.com> Friday, February 07, 2014 12:47 PM Joseph Fowler Van Kampen, Janet ICAC Grant Funds Request Thanks for submitting your request. We apologize for the rush; however, due to circumstances beyond our control, we were left with a very short time frame for awarding (and spending) the funds this grant cycle. There were many great requests, and we appreciate that you are trying to provide the best investigative resources to protect the children in our communities. The total funds requested by affiliates this cycle exceeded our available dollars by more than $120,000, so we are unable to approve the total amount requested by each agency. There were several criteria used to assist in the decision making process, including how much funding was awarded to each agency last grant cycle, as well as each agency's reported statistics. For those requesting upgrades for Cellebrite, we received numerous requests to upgrade Cellebrite units, A totaling over $60,000. Our Computer Forensics Detectives researched the Cellebrite situation and determined W that current units should function through October 2014, when updates will cease. The units will still function; they just won't keep up with features on the newer devices. Support for the current Cellebrite units will be available through June 2015. Our plan is to budget more dollars to meet these (and other anticipated Cellebrite) requests in the next funding cycle, which we've been told should occur this fall. After careful deliberation, we have earmarked $6,200 for the Englewood Police Department. If you did not submit your original request to us on the ICAC GRANT EXPENDITURE REQUEST form, please do so at this time. If you did use the form and your request has not changed, please just respond to this email, indicating there are no changes. Below is a listing of the approved items. Ifwe disapproved an item that you want to prioritize, you may resubmit the form, substituting the prioritized item instead of an approved item(s}, as long as your total funding request remains at or below $6,200 and the prioritized item falls within the scope of the grant. If you have questions, contact Janet Van Kampen at vankamja@ci.colospgs.us or 719-444-7560. THE FOLLOWING ITEMS HA VE BEEN APPROVED: Equipment Software/ Total Award License/ Supply $700 $5,500 $6,200 Cellebrite PC Logical Software ($4,500) Laptop w/Windows 7 1 yr SMS license ($1,000) Remember, the sooner you get the form back to us, the sooner we can release funding to you. Please remember the funds must be spent by May 16, 2014. Thank you! Janet Janet Van KampenlProgram Coordinator Internet Crimes Against Children Task Force Colorado Springs Police Deparbnent 705 South Nevada Avenue[Colorado Springs, CO 80903 719.444.7560 2 • •