HomeMy WebLinkAbout2007 Ordinance No. 063•
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ORDINANCE NO . M
SERIES OF 2007
CONTRACT. NO, I J..2.-J.oo7
BY AUTHORITY
COUNCll.. Bll..L NO. 63
INTRODUCED BY COUNCIL
MEMBER MOORE
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN
"INTE RGOVERNMENTAL AGREEMENT FOR THE INTERNET CRIMES AGAINST
CHILDREN REGIONAL TASK FORCE" BElWEEN THE CITY OF COLORADO SPRINGS
AND MEMBER PARTIES AND THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS , internet crime against children is an on-going problem in the City and State as
well as around the world ; and
WHEREAS, the purpose of this intergovernmenta l agreement is 10 provide a task force to
combat intc:mct crimes against children ; and
WHEREAS, governments have the auth ority 10 join in agreemen ts 10 fight these crimes
pursuant !o the Colorado Consti tution, Article XX , Section 6; Colorado Constitution Article
XIV , Sect:on 18; Secti on 29-1-203 C.R.S ., Titl e IV of the federal Juvenile Justice and
Delinque,.cy Prevention Act of 1974. as amended; and
\VHEREAS , the mission of the Task Force sha ll be 10: Share intelligence gathered by the
parties re lating to internet crim es committed agai nst children; make intcr•jurisdictional arrests of
suspects ; conduct training ; provi de public education on internet safet y and preventive measures ;
conduct joint open and undercover investigations pertaining to internet crimes against children;
NOW . THEREFORE, BE IT ORDAINE D BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section I. The "Intergovernmental Agreement For The Internet Crimes Against Children
Regional Task Force", attached hereto as Exhibit A, is hereby accepted and approved by the
Englewood Ci ty Co uncil.
Section 2. Pu rsuant 10 Article V, Section 40 , of the Englewood Home Rule Charter, the City
Council has determined that the Agreement shall not be published because of its size.
~. The Mayor Pro Tern is hereby authorized to sign sai d Agreement for and on behalf
of the City uf Englew<'Od, Colorado .
Introdu ced, read in full. and ~:i::,ed on first reading on the I 5th day of October, 2007 .
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Published as a Bill for an Ordinance on the 19" day of October, 2007 . • Read by title and passed on final reading on the Sth day of November, 2007 .
Published by title as Ordinance No~, Series of 2007, on the 9th day of November , 2007 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colora o, hereby cenify that the
above and foregoing is ,a )J'Ue copy of the Ordinance passed on final ding and published by
title as Ordinance No~. Series of 2007 .
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INTERGOVERNMENTAL AGREEMENT FOR THE INTERNET CRIMES
AGAINST CHILDREN REGIONAL TASK FORCE
TI1is lntergovemm ental Agreement, dated for reference this I st day of June , 2003, is
made by and between lhe City of Colorndo Springs, a Colorado municipal corpornl ion
1111d hom e rule city ("City") nnd the member P111 1ies as indicated by signature hereto.
Tiie Parties Agree as follows:
SEC TIO N I -AUTHORITY:
This in tergovenunental agreement is made under authority of Colorado Cons1i M'on,
Article XX, Section 6; Colorado Constitution At1icle XIV , Sect ion I 8; Section 29 -1-20 3
Colorado Revised Statutes, Title IV of the federal Juvenile Justice and Delinquc11 c;1
Prevention Act of I 974, as amended, and a Co operative A1,'!'eement bet ween the Cit~ ·ic:
the U.S. Department of Justice, Office of Juvenile Ju stic e nnd Delinquency Preven l'•s •,
SECTION 2 -PURPOSE:
The purpose of this intergovernmental agreem r:nt is to provide a '.1,sK force to comb at
internet crimes against children. Task force members may be 1 .uu icipal, county, v.
federa l agencies.
SECTION 3 -INTERGOVERNMENTAL AGREEMENT TERM :
TI1e tenn of tl1is Intergovernmenta l Agreement shall, co mmenc e nt 1 :00 am on the I st
day of June, 2003 and shall end at 11 :59 pm on the 31st day of May, 2008 , un less sooner
tenninated per the provisions of tl1is Agreement.
SECTION 4 -EXPENDITURES:
Expenditures and l'ees of Each Party Deemed Expenditures of That Pnrty: The patties to
this Agree ment agree that the purpose of tl1is Agreement is to jointly accomplish pursuant
to C.R.S. Sec:!i on 29-1-203 activities which could be perfom1ed sepnrntely by each Putty.
According!}, it is agreed and understood for purpo ses of the Colorado Constitution,
Article X Sectt vn 20, and the Colorndo Springs City Charter, that any fees contributed or
paid, or otheN:ise provided by any Party to this Agreement to another Patty to this
Agreement are and remain an expenditure of the contributing, paying, or otherwi se
providing Party, and are not revenue or expenditures ofU1e receivin g Party .
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SECTION 5 -THE TASK FORCE:
5.1. The Task Force:
a). The Colorado Internet Cri mes Against Children Region al Task Force is hereby
created . Each Party to this Ai,,reement sh all be n member of the Task Force. TI1e Parties
agree that the City shall be the lea~ agency through the Colorado Springs Police
Department (CSPD).
b). Additional federa l, muni cipa l, and county agen cies may become Parties to this
Agreement with the co nsent of the CSPD chief. New members shall obtain approval of
this IGA by their governing body in accord with Section 29-1-203 C.R.S. or, if federal, in
accord with federal regulation. Upon approval, a signature sheet shall be attached an d
added to this agreement, signifying membership, and U1e city shall notify nil Parties oftl1e
new Party membership.
5.2. Th e miss ion of the Task Force shall be to:
a)
b)
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e)
Share intelligence gathered by the Partie s relating to internet crimes
conunitted against children;
Make inter-jurisdictional arrests of suspects;
conduct training;
provide public education on internet safety and preventive me as ur es;
conduct joint open and undercover investigations pertaining to int ernet
crimes against children.
5.3. Meetings : Meetings of the Task Force shall be scheduled by the City, which will
provide adequate not ice for time, date, nnd location . Each Par.J will se nd a Designated
Representative to attend mee tings . Each Party shall ensure that it is represented at least
two meetings per year. The purpose of the meetings shall be to share infonnation,
coordinate investigations and facilitate accomplishing U1e Task Force's mission . Each
Party shall cooperate with the City to provide information needed for City reports to the
U.S. Department of Justice.
5.4. Operntions -The Parties may share investigative info 1malion on a daily basis in nccord
with Colorado Law . Peace officers from the Parties may engage m :orporative investigations,
both open and undercover, involving each other's jurisdictions, with the consent of U1e chief
peace officers of jurisdi ctions involved. However, when physically operating in a jurisdiction
other than the officer's own jurisdiction, an officer shall be accompanied by an officer of the
jurisdiction in which the investigative activities are occurring. For purposes of this agreement,
"accompanied" in U1e physical presence of for purposes of open investigations, and shall mean an
officer within supporting distance of the investigating officer and actively pa11icipating in the
investigation activity for undercover operations. In the event that a raid or arrest is carried out by
Task Force officers, the lead officer and arresting officer shall be an officer of the jurisdicti0n in
which the raid or arrest takes place; the officers of other jurisdictions may assist.
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5.5. Funding; Federal funding is not required for participation in this Agreement.
However, the City has received Office of Juvenile Justice and Delinqu ency Prevention
(OJJDP) funds from the federal govenunent. The City may continue to apply for this
funding. The City may, at its so le determination, make subgrants of these federal funds
to vario us Task Force members. In doing so, the City shall detennine what equipment
and cash payments will be provided to a member, and the use of that cash or equipment.
The City sha ll provide the 1,,rants and or cash by an annuu l letter. No further action or
a1,,reement wi ll be required by the govern ing body cf the City or the receiving party to
effectuate the grant transfer . The City shall retain ownership of the equipment, with the
ben efici al use being held by the Party . In the event the using party withdraw s frot:i •i,is
Agreement or ceases, in the City's so le opinion, to actively part ici pate in the.-'. c.·cement,
then th e equipment provided under this provi sion or acquired with cash provided u11J er
this provision shall be returned to the City wit hi:1 •.hi11v (30) days of we,! u ,,,·,:,~:.~ b;•
the Ci ty, unless the City otherwi se elects to transfer owo ers hip oft ·~ ~•iui,,.:i ,· lu th e
using party by written notice . All letters providing grants of equipment ,., ,', ·!!, ,,nd all
letters tran sferring ow nership of equipment to Parties, shall be attached to th,s A!;leen-.e nt
as sequentially numbered Attachments .
5.6. Equipment: Upon tem1ination of this lntergovemmental Agre ement , all
vehicles and other personal property equipment procured by any Party pursuant to sub-
grant funding by the City pursuant to this Intergovernmental Agreement sha ll be and
remain the prop erty of the City unless the City otherwise directs in writing .
SECTI ON 6 -GENERAL TERMS AND CONDITIONS:
6. I . Assignment: A Part y shall not ass ign or otherwise tran sfer this
lntergovenuuental Agreement or any 1ight or ob ligat ion hereunder without the prior
wri tt en consent oftl1e City .
6.2. Law : This lntergovenunental Agreement is subj ect to and shall be int erp reted
under the law of the State of Colorado, and the Charter, City Code, Ordinances, Rules
and Regulation s of the City of Colorado Springs, Colorado, a Colorado Home Rule City.
Court venue an d jurisdiction sha ll exclusively be in the Colorado Di strict Court for El
Paso County, Colorado.
6.3. Appropriation and Availability of Funds :
a). Appropriation and availability of funds -The City In uceord witl1 U1e Colorado
Con stitution, Article X, Section 20, and U1e City Charter, performan ce of the City's
obligations under this Intergovernmental Agreemen t are expressly subj ect to
appropriation of funds by U1e Colorado Springs City Council. Further, in the event that
funds a, e not appropriated in whole or in part suffi ~i ent for performance of the City's
obligations under this Intergovernmental Agreement, or appropriated funds may not be
expended due to Constitutional or City Charter spending limitations, then the City may
• terminate this lntergovenunental Agreement without compensa•::". to the other Parties.
h). Appropriat1c:1 and availability of funds -Co lorado go .• :,imental entities: In •
accord with the Colorado Co nstitution, A11icle X. Sectio n 20, per fo nnance of eac h Part y's
obl igations under this In ~•·oo ve,mnen tal A1,-reement or•, ex p ressly subject to
appropriation or funds by th e Pai1y's go veming body . Furthe· ,r. the eve nt that funds are
1101 nppro pdat.ed in wh o! or in pan suffi cient for pcrfom1m·cc of the Party's obl igat ions
und er t11i s l utergovemmc ntal Agreement, or appropriated fund s may 110! be expended clue
to Co nstit utiona l Art icle X spen ding limitation s, then th e I ui1y may terminate its
p1111icip at ion in thi s lnt ergovernmcntnl A1,~·cemcnt with out com pen sa tion to th e ot her
Parties.
c). Ap propriatio n and avai labilit y of fun ds -federa l agcnci e:: The pcrfonnance of a
fcclcral agency's ob li ga ti ons under thi s Agreeme nt is ex prc s,!y sshj ect to appro pri ati on
and ava il ability of funds fo r that purpose .
6.4. Int ell ectua l Prope11y Rights: The Parties hereby ag ree , and ackn ow ledge, that all
prod ucts, items writ ings, desif,'11S, models, exa mpl es, ur oth,,r work produ ct produced
pursuant to tl1i s Intergovernmental Agreement arc and shall bt the property of the Ci ty,
and th at th e Cit y ow ns, has, and possesses any an d all ownership ri ghts and interests to
any in tell ec tual pro pe11y made or produced und er or pursuant to this lnt ergovemm ental
Agreement , including any and all co pyrigh t, trademark , or patent right s, and th at
compensation to a Party fo r agree ment and aclrnowledgement of thi s INTELLECTUAL
PROPERTY RIGHT sect ion of this Int ergove rnm ental Ag:"ement is included in th e
Consideration rend ered to th e Parti es by the City in agreei ng to thi s Inter govern mental •
Agreement. It is th e int ent ,,r the Parties that the City shall ha ve fu ll ow nersh ip and
co ntrol of the pro du cts prod 11,·cd pu rs ua nt to thi s lnt ergovemmental Agreement , and each
Pat1 y specifically waives an d ass igns to the City all tights which the Party may have
under the 1990 Visual Artists R igh ts Act, federal, and state lnw, as now written or later
amended or prov id ed. In the event any products, items writings, design s, model s,
examples, or oth er work product produced pu rs uun t to this Int ergovernment al Agreement
is deemed by a co urt of co mp etent jurisdiction not to be tran sfe11"ed to or owned by the
City, thi s INTELLECTUAL PROPERTY RIGHTS provis ion shall act as an ill'evoca bl e
ass i1,'11111 ent to the City by the Parti es of any mid all copyrights , trademark rights, or patent
right s in th e pro du cts , it ems wri tings, desi!,'11 S, models, examples, or other work product
produ ce d pursuant to this !11tergove111mental Agreement, including all rights in
perpetuity. Under this irrevocable assignment, each Party hereby assigns to the City th e
so le and exclusive right, titl e, and interest in and to th e products, it ems writings, designs,
models, examples, or other work product produ ced pursuant to thi s lntergovermnental
Agreement, without furth er consideration, and agrees to assist the Ci ty in tegistering and
from time to tim e enforcing all copyrights and other rights and protec tion s relating to the
products, items writings, des i1,~1s, models, ex amples, or other work pr oduct in any and nil
countries . It is each Party's specific int ent to assign all right, title , and interest
what soe ver m any and all copyright rights in the products, items writings, designs,
models , examples, or other work product produced pursuant to this Intergovernmental
Agre ement, in any media and for any purpose, including all rights of renewal and
exten sion, to the City. To that end , each Par y agrees to execute and deliver all necessary •
doc uments requested by the City in com1ection therewith . and hereby grants to the City
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all rights to execute, register, and file any such applications, and to do all other lawfully
pennitled acts to further the registration, prosecution, issuance , renewals, and extensions
of copyrights or other protections with the same legal force and effect as if executed by
each Party; further, the parties expressly agree that the provisions of this
INTELLECTUAL PROPERTY RIGHTS section shall be binding upon the parties and
th eir, successors , nnd assigns.
6.5. Terminat ion: The City muy tcm1inale this lnlergovcrnmentul Abo·eemenl for
convenience upon thirty days prior written notice to the Parties, without compensation lo
th e Pai1ies. Any Party may terminate its parti ci pation this lnlergovcmm ental Agreement
for convenience upon thi rty days prior written notice lo th e City and re-pa yment to the
City of all unexp ended funds provided to the Party under this Agreement.
6.6. Loca l Concern: The parties agree an d acknowledge that the activities
contained in this Agreement are matters of local .:-oncem only, and that the Parties have
mutually joined togetl1er for the perfonnance of the matters of local concern, and that
nothi ng in this agreement shall or be construed as making any of the local concerns
covered herein matters of mixed concern or statewide concern.
6.7. Entire Agreement. Thi s Agreement, together with all exhibits attached hereto ,
constitutes the entire agreement between the parties hereto, and all other re presen tations
or statements heretofore made, verbal or written, are merged herein, and this Agreement
may be amended on ly in writing, and executed by duly authorized representatives of the
pmies hereto .
6.8. No n waiver of Rights. No waiver of default by the City of any of the tem1s,
covenants, and conditions hereof to be perfonned, kept, and observed by any Party shall
be construed, or shall operate, as a waiver of any sub sequent default oi any of the tenns,
covenai1t s, or conditions herein contained to be perfom1ed, kept, and observed by that
Pai1y .
6.9. Force Majeure. In the event of either party being rendered unahl e wholly, or in
part, by force majeure to carry out its obligations under this Agreement, other than its
ob ligatio ns to make payments of money due hereunder, th en on such party's giving notice
and fu ll particu lars of such force majeure in writ in g to the other party as soon as possible
after the occutTcnce of the cause relied on, then the obligation of the party giving such
notice, so far as it is affected by such force maj eure, shall be suspended during the
continuance of any inability so caused, but for no longer period, and such cause shall, as
far as poss ihl e, be remedied with all reasonab le dispatch. Tho: tenn "force majeure" ns
emplo yed herein shall mean acts of God, acts of the publi c enemiP.s, wars, blockades,
insurrections, riots, epidemics, landslides, lightning, eartl1q uakes, t;:•es, stonns, and
floods .
6.10. Headings. Th e head ings of the severa l artic les and sectio ns of this Agreement are
in serted on ly as a matt er of convenience and for reference and do not define or limit the
scope or intent of any pro vi sion s of th is Agreement and shall not be co nst11J ed to affect in
any manner the tenn s and provision s here of or the inte'l'retation or construction thereof.
6.11. Jn tc grn ti on. This is a comp letely int egrnted Ab"'e cmen t and co nt3in s the entire
agreement hctween the parti es. Any prior wr itten or ora l "!,"·cement s or representations
rega rding thi s A!,"'ccmcn t shnll be of no effect and shall not be binding on nny Pm1y or
the City. Fu rther, each Party and the Ci ty aclrnow ledge and "b""'e that this is a nego tiat ed
tex t agree ment , and thnt as such 11 0 term shall be co nstru ed aga in st the City as th e author
thereof
6.12. No Th ird P:uty Beneficiary. It is ex press ly un ders tood and a!,"·eed that
enforcemen t of the tenns and co nd it ions of thi s Agr eement, and all rights of action
relating to such enforcement, shall be stri ctly reserved to the Parties hereto , and notl1ing
co ntain ed in this Agre em ent shall give or allow any such cla im or right of action by any
other or third person or entity on such Agreement. It is the exp ress intention of the
Pmtie s her eto that any person or entity, other than the Patties to this Agreement,
receiving services or benefits und er th is Agreement shall be deemed to be incidental
beneficiaries only .
6. I 3. Waiver: The provisi on of services un der this Agreement is for the benefi t of th e
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member Parties . Accordingly, Each Pai1y does hereby waive, remise, and re lease any •
claim, 1ight, or cause of action it may have, or which may acc11Je in th e future , agains t
the City ari sing in whole or in part from this Agreement.
6.14. Compensation: Except as otherwise stated in this Agreement, no Pm1y to
this Ae,'Teement shall be required to pay any compensat ion to otl1er Party or the other
Party's perso nnel for any serv ices ren dered hereu nder. No thing in this agreement shall be
const11Jed to pla ce the personne l of any Party under the contro l or emp loyment of ano ther
Pm1y. Each Party remains responsib le for all pay, ent itkm ent, employment deci sions,
and worker's compensation liabilities , for its own persmmel. Nothing in this agreemen t is
intended lo create or grant to any third pmty or person any tight or r,Jaim for damages or
the right lo bring or maintain any act ion at law , nor do es any Party waive its immunities
nt law , includin g immun ity granted under the Colorado Governmental Immun ity Act.
6. I 5. This Int ergovernmental Agreement has been approved by the Patti es in accord
wi th Sectio n 29-1-203 C.R .S. by a Colorado Spr ings City Council Resolution, and
appropriate goveming body re so lution of each Party as pro vided under Section 29 -1-203
C.R.S., or federal authorization, to be att ached for reference hereto as Exhibits A, wh ich
reso lutions autho rize the signatures below.
-~ITY OF ENGLEWOOD, COLORADO
James K. Woodward, Mayor Pro Tern •
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COUNCIL COMMUNICATION
Date: Agenda Item : Subject:
October 1 5, 2007 9 a iii Internet Crimes Against Children Reg ional Task
Force Intergovernmental Agreement
Initiated By: I Staff Source :
Saiety Services, Police Di visi on Comma nder john Collins _j
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Non e
RECOMMENDED ACTION
The Department of Safety Serv ices, Police Divisio n is recommending that City Co uncil adopt a Bill
ior an Ordinance au th o riz · Jnd app rov ing an intergove rnmental ag reement between th e
Department of Safety Se rv ,, ·,, Po li ce Division and th e Internet Crimes Agains t Children Regi o nal
Task Force .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e Engle wood Department of Safety Servi ces, Po li ce Divisi o n, has been asked by the Internet
Crimes Agair.st Children Regional Task Force to participate in a cooperative endeavor that focuses
on individuals who attempt to sexually exploit chi ldren. This Task Force has be en in operation since
2003 and h:.s continued to expand. Th e Police Division will benefit 1n this endeavor as it en ables
us to better identify such individuals, the task force will provide specialized training and access to
technical resources th at we o th erwise do not have available to us . There are forty-eight state,
municipal and federal agencies that participate in this task force. These agencies include, but are
not limited to the Aurora, Denver, Fort Collins, Littleton , Colorado Springs and Glendale Police
Departments, the Federal Bureau of investigation, U .S. Attomey's Office, Air Force O.S.I., ICE , Postal
Inspection Oft1ce, the Arapahoe and Douglas County Sheriff's Oft1ce.
FINANCIAL IMPACT
The Internet Crimes Agai nst Children Regional Ta sk Force provides training and te chnical support
and resources. Th ere is no cost to the City of Englewoo d.
UST OF ATTACHMENTS
Bill for an Ordinance