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HomeMy WebLinkAbout2014 Ordinance No. 017• ORDINANCE NO. 12. SERIES OF 2014 BY AUTHORITY COUNCil.. Bll..L NO. 18 INTRODUCEDBYCOUNCil.. MEMBER OLSON AN ORDJNANCE AUTHORIZING THE ACCEPTANCE OF COLORADO INTERNET CRIMES AGAINST CHILDREN TASK FORCE GRANT AW ARD BETWEEN THE CITY OF COLORADO SPRINGS AND MEMBER PARTIES JNCLUDING THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council previously authorized Englewood's participation in the Internet Crimes Against Children Regional Task Force by the passage of Ordinance No. 58, Series of 2008; 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, this support encompasses investigative, prosecutorial and forensic components, training and technical assistance, victim services, prevention and community education; and WHEREAS, 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; and WHEREAS, the Colorado Springs Police Department is the grant holder and lead task force agency;and WHEREAS, Colorado Springs Police Department has received a grant award under the Internet Crimes Against Children grant; and WHEREAS, the Englewood Police Department, which is in the process of joining the COICAC Task Force, has been approved to receive a sub-award in the amount of $6,200, which will be used to purchase a laptop computer and "Cellbrite,. software which is used for forensic inspections of cell phones; and WHEREAS, by the passage of this ordinance the Englewood City Council authorizes the City of Englewood Police Department to accept Grant funding which has been awarded to the Englewood; and WHEREAS, federal funding is used for this Grant which is awarded by the Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention . 9 b iv NOW, THEREFORE, BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The Colorado Springs Police Department (CSPD) Statement of Grant Award {SOGA), attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is hereby authorized to sign the acceptance of grant award for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 17th day of March, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of March, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of March, 2014 for thirty (30) days. Read by title and passed on final reading on the 7lh day of April, 2014. Published by title in the City's official newspaper as Ordinance No. 12, Series of 2014, on the 11th day of April, 2014. Published by title on the City's official website beginning on the 9lh day of April, 2014 for thirty (30) days. 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. /.2 Series of 2014. ~~ • • • • February 24, 2014 Hello Officer Fowler: COLORADO INTERNET CRIMES AGAINST CHILDREN TASK FORCE 705 South Nevada Avenue Colorado Springs, CO 80903 Ph. 719.444.7560 Fax 719.444.7380 Enclosed you will find the cover letter signed by Colorado Springs Police Chief Peter Carey, foUowed by the Statement of Grant Award (SOGA), and your approved budget The cover letter and SOGA acknowledge your sub-award for funding under the lnternet Crimes Against Children Task Force grant, in which CSPD is the lead fiscal agency. Please read through the cover letter and SOGA; then have the SOGA signed by an authorized signatory for your Agency. Your authorized signatory may be someone from your Agency, your City or County. Once the SOGA is signed, please return the document to the address listed below. The SOGA must be signed (fully executed) PRIOR to spending any grant funds. Once CSPD has received your signed copy and it has been signed by our office, I will scan and email the signed copy back to your lCAC Project Director. If you have any questions, please do not hesitate to contact mel Thank you! ._ /a.net Van Kampen ICAC Task Force Program Coordinator Colorado Springs Police Deparbnent Investigations Division Attn: Janet Van Kampen Internet Crimes Against Children Task Force 705 South Nevada Avenue Colorado Springs, CO 80903 I )I I- I a I T A ITY OF COLORADO SPRINGS February 18, 2014 Enslewood Police Department Chleffohn Collins 3615 Soutll EladSlreet Ensiewood, CO 80110 RE: Statement of Grant Award (SOGA) and Assurances Grant #2012-MC•FX•K009, Internet Crimes Aga1ast Children Dear Chief Colllns: POLICE DEPARTMENT Peter Carey Chief of Police • On behalf of the City of Colorado Springs and the Colorado Sprlnp Police Department, It ls my pleasure to Inform you that the Colorado Springs Police Department has received a grant award under the Internet Crimes Aplnst Children grant. In which your sub-award for funding has also been awarded In the amount of $6,200. Thls 1rant Is offered through the Department of Justice (DOfl, Office of Justice Programs (OJP) and the Office of Juvenlle Justice and Dellnquency Prevention (OIJDP). Enclosed you will find the Statement of Grant Award (SOGA). This award ls subject to aU administrative and financial requirements of the funding source, to Include 0MB circulars, the Colorado Internet Crimes Against Children Administrative Ciulde, and the Office of Justice Programs (OJP) Financial Gulde, including the timely submission of all financial and programmatic reports. • Prior to expendln& any grant funds, a fully executed Statement of Grant Award (SOGA), must be returned to our office with the signature of the authorized recipient official. A fully executed Statement of Grant Award ls accomplished when the sub-grantee returns a signed original Statement of Grant Award (SOGA) and the Colorado Springs Police Department returns a copy of the fully signed Statement of Grant Award back to the sub-grantee. The original will be kept on file at the Colorado Springs Police Department Please return your signed SOGA to: Colorado Sprinp Police Department lnvesdptlons Dlvtston Internet Crimes Against Children Task Force Attention: Janet Van Kampen 705 South Nevada Avenue, MC•1502 Colorado Springs, CO 80903 If you have questions reprdlns this award, please contact Janet Van Kampen, at 719-444-7560 or via email at 3liokarolo@d,colospJZS«ca,ys. Congratulations, and we look forward to working with you! Slncerely, ~~ Peter Carey, Chief of Police .. Attachment,: Statement of Grant Award (SOOA), 2014 Approved Budget. Special Conditions and Certified Assurances • 1 COLORADO SPRINGS POLICE DEPARTMENT (CSPD) STATEMENT OF GRANT AWARD (SOGA> Sue GRANTEE AGENCY NAME: Enllewood Police Deoartment PROJECT DIRECTOR: Officer Joe Fowler 3615 South Elati Street PROJECT DIRECTOR ADDRESS: Englewood, CO 80110 GRANT NUMBER: 2012-MC-FX-K009 Colorado Internet Crimes Against Children Task Force, PROJECT TITLE: Internet Crimes Against Children Grant Award GRANT PERIOD: 2/18/14 -5/16/14 DATE ISSUED: 2/18/14 *AWARD AMOUNT: $6.200 •Award amount may be changed by written agreement between bath parties. The attached grant appllcadon, including Special Provisions and Certified Assurances, Is Incorporated herein as a part of this document SPECIAL CONDrrlONS AND REQUlftEMENTS: 1. The sub-grantee agrees to submit to the Colorado Springs Police Department (CSPO), who in rum submits to Department of Jusdce, Office of Justice Programs, Office of Juvenile Justice and Delinquency Prevention any written materials that will be published through funds l'rom this award at least thirty (30) working days prior to the targeted dlssemlnadon date. All publications must contain the Internet Crimes Apinst Children logo unless otherwise notified. All publications shall Include the rollowing language: 'This project was supported by Grant Na. 2012-MC-FX-K009, awarded by the Department of Justice, Office of Justice Programs. Office a/ Juvenile Justice and Delinquency Prevention. Office of Juvenile Justl.ce and Detlnquency Prevention Is a component of the Office of Justice Programs, which also Includes the Bureau of Justice Statistics, the National Institute of}ustlce, and the Office far Victims of Crim& Points of view or opinions In this document are those of the author and do not represent the o.J]idal position or policies of the Unites States Department oflustlce." 2. The sub-grantee must submit yearly to the CSPD one copy of your most recent A-133 audit or financial review, indudlng any management or other auditor comments, 3. All recipients of Federal financial assistance, regardless or the particular funding source, the amount of the grant award, or the number of employees In the workforce, are subject to the prohibitions against unlawful discrimination. In the event of a Federal or State court or Federal or State administrative agency makes and adverse finding of discrimination against your organization after a due process hearing, on the grounds of race, color, religion, national origin. or sex. your organization must submit a copy of the finding to the Colorado Springs Police Department 4. The sub-grantee agrees to take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more lnronnatlon on the dvtl rights responslbllltles that sub grantees have In providing language services to LEP individuals, please see the website at www.lep.gov. 2 5. Grant activities must be based on the approved budget fonn, within this grant award, which supersedes any • earlier budget request submitted. The sub-grantee must secure prior written approval from the Colorado Springs Polfce Department, Internet Crimes Against Children Unit If there Is to be a change In any budget category. Failure to seek prior approval may result In denial of reimbursement. 6. The sub-grantee agency afflnns that the parties' agreement c;onslsts of a multl•part document; the award letter, Statement of Grant Award (SOGA), approved budget form, grant requirements (by reference), Federal Certified Assurances (by reference), and signatures of persons authorized to sign on behalf of the sub-grantee agency on each part of the document. 7. Review carefully the Office of Justice Programs (OJP) Flnandal Gulde, which Includes procedures regardins this document, reimbursement for grant funds, reporting requirements, procurement procedures, as well as the Colorado Internet Crimes Against Children Grant Administration Gulde. a This grant award will be effective upon the final approval by the CSPD. No payment or reimbursements wtll be made for purchases charged to the grant prior ta approval Ji'om the CSPD. 9. The authorized official to whom this award letter Is addressed Is the authorfied slgnlns offldal for this Statement of Grant Award (SOGA). The sub-grantee must promptly nodfy the CSPD In writing. of any changes In the authorized official, project dJrector, or financial officers. 10. Commencement within 60 days. if the ICAC sub-grantee agency has not commenced this prof ect within 60 days of the start of the approved expenditure request. the sub-grantee must report the following to the CSPD: a. The steps taken to Initiate the projett; b. The reasons for delay; and c. The expected start date. 11. Operational within 80 days. If the CSPD concludes the project is not operational within 80 days of the original A start date of the grant period, the CSPD may begin tenninatlon or reduction In grant proceedlnp. • 12. The sub♦srantee Is expected to consistently perform the funded activities under the grant throughout the duration of the grant period. If the sub-grantee goes a quarter with no grant activity, (to include lack of submission of timely required monthly reporting) It may be cause for the funder to reallocate the funding. The sub-grantee is encouraged to develop a quarterly deployment plan to ensure funds are consistently spent and reporting requirements are met. The CSPD may amend the grant period and provide written notice to the sub• grantee. 13. The recipient agrees that If It currently has an open award of federal funds or if it receives an award of federal funds other than this OJP award, and those award funds have been, are being, or are to be used, In whole or part, for one or more of the Identical cost Items for which funds are being provided under this OJP award, the recipient will promptly notify, In writing, the CSPD ICAC Program Coordinator for this OJP award, and, If so requested by the CSPD ICAC Program Coordinator, seek a budget modification or change-of•project-scope notice to eliminate any inappropriate duplication of funding. 14. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messagin1 While Driving,• 74 Fed. Re1, 51225 (October 1, 2009), the Department enc;ourases recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle durins the course of perfonnlng work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 1S. Financial and Administrative Management a. The sub-grantee asency assures that fund accounting, auditing. monitoring, evaluation procedures and such records as necessary will be maintained to assure adequate Internal fiscal controls, proper flnandal management. efficient disbursement of funds received, and maintenance of required source documentation for all costs Incurred. These principles must be applied for all costs Incurred whether • charged on a direct or Indirect basis. b. All expenditures must be supported by appropriate documentation. Only actual, approved, allowable expenditures will be permitted. 3 c. The sub-srantee asency assures that It will comply with the provisions In the current applicable Office of Justice Programs (OJP) Flnandal Gulde, which Is hereby Incorporated by reference. However, such a guide cannot cover every foreseeable contingency, and the sub grantee agency ls ultimately responsible for compliance with applicable state and federal laws, rules and regulations. d. The sub-grantee understands and agrees that It annot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of the Colorado Springs Police Department e. The sub-grantee agency will retain all financial records, supporting document and other pertinent records for this award for a least seven (7) years followlns the end of the nearest upcoming end of state fiscal year, OR at least seven (7) years following the closure of Its audit report covering the entire award period, whichever Is later. f. The sub-grantee agrees to comply with the approved Colorado ICAC Task Force Grant Gulde. g. The sub-grantee agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards. h. The sub-grantee will accept any and all Investigative leads occurrln1 In Its Jurisdiction that are received from the granting asency and/or the National Center for Mtsslns and Exploited Chlldren (NCMEC], and will report the disposition of pursuant Investigations to the granting agency. L The sub-srantee asrees to forward the JCAC Task Force Program Monthly Performance Measures by the 101h of each month for the stats pertaining to the preceding month to the ICAC Program Coordinator, Janet Van Kampen, via email at vaokamlil,@ld.ro!osges,co,v,. J. The sub-grantee agrees to report any other ICAC related reporting Information as needed / requested by the Colorado ICAC Task Force Commander, Administrator or Program Coordinator, as needed to complete OJP/OJJDP requests and requirements. k. The sub-grantee will attend meetings and trainings for the Colorado ICAC Task Force when agency resources allow. 16. Payment and Reportlns: a. The CSPD will pay the sub-grantee agency the reasonable and allowable costs of performance. In accordance with current Colorado State Fiscal rules, not to exceed the amount specified within the Request for Expenditure submitted to the ICAC Task Force Commander for approval b. The CSPD may with hold payment in the event the sub-grantee agency falls to comply with conditions, Including all financial reporting requirements and certlffcatlons contained In this award. c. The sub-grantee agency assures that monthly invoice and cost-reporting submissions In support of monthly award activity shall be submitted by the 201h of each month. Submissions shall be current and actual and shall Include supporting documentation. The final request must be made by May 16111, 2014. d. The sub-grantee will provide required data and prosrammadc report to CSPD within 10 days of a deployment under the grant. If deployments occur near the end of a month, the lnfonnadon must be provided to CSPD within 3 days of the end of the month to meet grant deadlines. 17. Procurement and Contracts: a. The sub-grantee agency assures that open, competitive procurement procedures wlll be followed for all purchases under the grant. b. The sub-grantee asency assures that no contract or agreement wlll be made for execution of project acttvltfes or provisions of services (other than purchase of supplies or standard commercial or maintenance servtc:es) that ls not Incorporated In the approved application or approved In advance by the CSPD. c. The sub-grantee agency assures that contractors/vendors who assist the sub grantee agency to develop specifications, requirements statements of work and/or Request for Proposal for a proposed procurement shall be excluded from bidding or submitting a proposal to compete ror the award of such procurement. d. The sub-grantee asency agrees they wlll not submit Items for reimbursement to the CSPD that have not been purchased In accord with the sub grantee's procurement policies, 0MB circulars, the Colorado Internet Crimes Against Children Task Force Administrative Gulde, and the Office of Justice Programs (OJP) Financial Gulde. Submissions that do not meet these procurement requirements may not be reimbursed by the CSPD or the fundlns agency at CSPD's discretion, 18. Termlnadon or Reduction In grant award: - a. The CSPD will monitor the perrormance of the sub-gnntee agency against goals and performance standards as found In the request for expenditure. The CSPD will provide reasonable technical assistance to the sub grantee agency In the performance standards and sub grant requirements. Any determination of substandard performance on the part of the sub-grantee agency shall be within the discretion of the CSPD, based upon the CSPD's review of the terms and conditions of the grant award, the appllcalfon and project summary, the grant terms and assurance, and the requirements of applicable law. Substandard performance, as determined by the CSPD, shall constitute non-compliance, which may result In termination for cause, or reduction of the grant award for cause. b. The CSPD may terminate this contract In whole or In part for the CSPD's convenience or because of the failure of the sub-grantee a1ency to fulfill the grant obllgattons. 19. Non-supplanting or funds: a. The sub-grantee agency certifies that federal funds made avallable under this grant I. Will not be used to supplant state or local funds: Ii. Where there Is a reduced or unchan1ed local Investment, then the sub-grantee agency shall give a written explanation demonstrating the sub grantee-agency's reduced or unchanged commitment would have been necessitated even If federal ftnanclal support under this federal grant program had not been made available. RETURN; An original signed copy of the Statement of Grant Award (SOGA) shall be returned to: Colorado Springs Police Department lnvesdpdons Division Attention: Janet Van Kampen 705 South Nevada Avenue, MC-1502 Colorado Springs, CO 80903 After all signatures are obtained, a copy of the Statement of Grant Award (SOGA) and attached letter, wlll be returned to the sub-grantee agency. The parties hereto have executed this binding sub grant award Pelsons s'.gning for sub-grantee hereby swear and affirm that lhay ara ~ ID act on sub-grantee's behalf and acknowledge that the Calorado Spdngs Polee Department Is n,iylng 111 lhelr repraenlilkrls lo that elfed. C:OLOIIDO SPRIRGI POLICE IEPIITIIIENT IPPIOJIL SDI-GIDTEE ACCEPTIICE Name and Tltl■ of Approvln1 Ofllda h · ' . -NIIM and Tltr. of Authorized Sub-GrantH Offldal ' Chief Peter Carey Randy P. Penn Colorado Surim!s Pollce Department Mayor Sfgnatura and Date of Authorized Offldal 51anature and Dml of Authorized Sub-GrantH RKfDlent Offldal · -- Slimatura Date Slanature Date . 5 • ,· • ., ,c . I .. COLORADO ICACTAIIK P'OIICS 2013-2014 APPROYKD BUDGET ENgLEWoop Poucl: DR.AIITMlEN'I' ~ :·y /r ,t{HtJ':.:\lt~~f H;;~1{:~:1rtis,{: BUDGET LINE ITEMS* 1 PoUCE ICAC OVERTIME 2 TRAVEL/TRAINING AIRFARE/FEES GROUND TRANSPORTATION L0DGING PER DIEM REGISTRATION FEES 3 COMPUTER EQUIPMENT (_) 4 SOFTWARE/LICENSE/SUPPLY TOTAL *NOTES ON BUDGET LINE ITEMS: ;:-.-. ;;,"7.._,• ... 1'f· •;'t~•~ II•.', _ _.•/:.!...:•:~, .;1 ,':'1 ,ti,:.,. ··~,1·' ~yj~ ·-~"l".; -t•• ,.~~J'!ij;; • .. ,~ . -=--··· •. •. 'A .. ,. . .-si ~1 ~~~; )f!f-"?11~ ,, •. ~-• ~--} .,:X,·~ ., .. •<· .';l.., .,: , .• OUNT!!,-,;c,.,:tt~· r-t $0 $0 $0 $0 $0 $0 $0 $700 $51500 $6,200 3 COMPUTER EQUIPMENT-Laptop w/Wlndows 7 (1@1$700) to be used with Cellebrite software 4 SOFTW ARE/LICENSHt/SUPPLY .. Cellebrfte PC Loglcal Software (1(1$4,500) Cellebrite 1 yr SMS license (1@$1,000) 2/25/2014 COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 17, 2014 9 a iv Intergovernmental Agreement -Colorado Internet Crimes Against Children Task Force Grant Award Initiated By: Staff Source: Police Department Deputy Chief Jeff Sanchez 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 an Ordinance authorizing the Englewood Police Department to accept a grant award from the Colorado Internet Crimes Against Children Task Force. This grant is offered through the Department of Justice (DOJ), Office of Justice Programs (OJP) and the Office of Juvenile Justice and Delinquency Prevention (OJJDP). 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 pornography 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 Colorado Springs Police Department is the grant holder and lead task force agency. Colorado Springs P.O. has received a grant award under the Internet Crimes Against Children grant The Englewood Police Department, which is in the process of joining the COICAC Task Force, has been approved to receive a sub-award in the amount of $6,200. This funding will be used to purchase a laptop computer and "Cellbrite" software which is used for forensic inspections of cell phones. FINANCIAL IMPACT We have been approved to receive a sub-award of $6,200. No financial match is required. LIST OF ATTACHMENTS Bill for an Ordinance