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HomeMy WebLinkAbout230-09 RESOLUTIONRESOLUTION NO. 230-09 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A NON- MATCHING 2009-2010 INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE PROGRAM CONTINUATION GRANT IN THE AMOUNT OF $30,000.00 FROM THE ARKANSAS STATE POLICE; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS* Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to accept a non-matching 2009-2010 Internet Crimes Against Children (ICAC) Task Force Program Continuation Grant in the amount of $30,000.00 from the Arkansas State Police. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing the grant revenue. PASSED and APPROVED this 17th day of November, 2009. APPROVED: ATTEST: • dzai Cit lerk/T SMITH, E.reasurer City i2e- : G�T•Oc'•.•Pctv: -U• •-P; :FAYETTEVILLE: En G. Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/17/2009 City Council Meeting Date Agenda Items Only Patrol Division Action Required: Police Department Acceptance of the non-matching 2009-2010 Internet Crimes Against Children (ICAC) Task Force Program Continuation Grant award and approval of a budget adjustment in the amount of $30,000. 30,000.00 Cost of this request 1010 -2920 -various Account Number 06033-0910 Project Number 30,000.00 Category / Project Budget ICAC Task Force Program Category / Project Name Grant Funds Used to Date Program / Project Category Name 30,000.00 General Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached X Departme Ci uQ Q. rut._ Previous Ordinance or Resolution # Date Original Contract Date: /0-27-01 Original Contract Number: Date !0-19-2ad9 Finance and Internal Services Director Date /n -a9 -O Date ntf Comments: Revised January 15, 2009 W�vtlle ARKANSAS Departmental Correspondence Fayetteville Police Department 100-A West Rock Fayetteville, AR 72701 Telephone: (479) 587-3555 Fax: (479) 587-3563 To: Lioneld Jordan, Mayor and City Council Members From: Greg Tabor, Acting Chief of Police\\ Date: October 22, 2009 Re: Acceptance of 2009-2010 Internet Crimes against Children Task Force Program Continuing Subgrant and budget adjustment Background The Arkansas State Police has awarded the Internet Crimes against Children Task Force Program Continuing Subgrant for 2009-2010. This grant award is based in part on population, program compliance, personnel commitment and crime/operational statistics. This grant does not require any local cash matching funds. The Fayetteville Police Department's Special Investigations Unit has received funding from the Arkansas State Police as part of its Internet Crimes against Children Task Force since 2006 Discussion The Fayetteville Police Department is the leading member of the Arkansas State Police's Internet Crimes against Children Task Force (ICAC). As the leading ICAC member, the Fayetteville Police Department has been approved for the maximum amount available of $30,000. This money will be utilized for training, equipment, supplies and overtime costs related to ICAC investigations. Please see the budget narrative worksheet for a complete listing of training, equipment, and supplies to be purchased. Recommendation Staff recommends acceptance of the 2009-2010 Internet Crimes against Children Task Force Program Continuation Subgrant and approval of the attached budget adjustment in the amount of $30,000 for training, equipment, supplies and overtime costs related to ICAC investigations. If you should have any comments or question regarding this grant award, please contact me at extension 500. Budget Impact None RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A NON-MATCHING 2009-2010 INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE PROGRAM CONTINUATION GRANT IN THE AMOUNT OF $30,000.00 FROM THE ARKANSAS STATE POLICE; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes the Mayor to accept a non-matching 2009-2010 Internet Crimes Against Children (ICAC) Task Force Program Continuation Grant in the amount of $30,000.00 from the Arkansas State Police. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment recognizing the grant revenue. PASSED and APPROVED this 17th day of November, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Mika Raabe Governor gplf CI ARKANSAS STATE POLICE SUBGRANT AGREEMENT State of Arkansas • ARKANSAS STATE POLICE 1 State Police Placa Drive Litae Rork. Arkansas 72209-4823 aw.aap.arkansn gov "SERVING WITH PRIDE AND DISTINCTION SINCE 1935• SubGrant Agreement Wlnferd Z. Phillipa Director SubGrant Number ICAC07-020 is entered into between the Arkansas State Police herein after referred to as the ASP and the Recipient as indicated below. I. RECIPIENT INFORMATION: Name: Fayetteville Police Department Address: 100-A West Rock Street City: Fayetteville State: AR Zip Code: 72701 Employer Identification Number or Social Security Number: 71-6018462 AASIS Vendor # Purchase Order #(s) Recipient Contact Name, Title, & Phone: Sgt. John Warren, 479-587-3530 ASP Division/Office Contact Name, Title, & Phone: Sgt. Hoyt Harness, 501- 618-8155 II. GRANT PERIOD: This agreement will begin on June 1, 2009 and will end on May 30, 2010 In no event shall the initial term of the grant extend beyond the end of the current biennial period unless the General Assembly, prior to the expiration of the biennial period, makes an appropriation for such purpose. M. AMOUNT AND SOURCE OF FUNDS: Regardless of any other provision of this grant, or any costs or obligations of the Recipient, the liability of payment by the ASP to the Recipient under this grant shall be subject to the limits specified below: Total Gran Amount: $ 30,000.00 Method of Payment: Reimbursement — Payment for allowable costs that have been paid for by the Recipient during the above grant period. Invoice forms and backup documentation are to be submitted to the ASP by the 10'" of the subsequent month in which activities are completed and expenditures are incurred. Page 1 of 5 FUND FUND CENTER COMMITMENT ITEM COST CENTER GENERAL LEDGER WES INTERNAL ORDER AMOUNT FLA6300 521 510:00:04 456784 5100001000 F.0960.1CAC-07 30,000.00 Total Gran Amount: $ 30,000.00 Method of Payment: Reimbursement — Payment for allowable costs that have been paid for by the Recipient during the above grant period. Invoice forms and backup documentation are to be submitted to the ASP by the 10'" of the subsequent month in which activities are completed and expenditures are incurred. Page 1 of 5 IV. OBJECTIVE AND SCOPE: CFDA Number 16.543 ARKANSAS STATE POLICE SUBGRANT AGREEMENT Title of Grant )Kissing Children's Assistance Grant Status: 0 Discretionary ® Dfscretlonary, but exempt 0 Non -Discretionary If Discretionary but exempt, indicate reason for exemption State Agency Purpose of Grant: To provide services with the Internet Crimes Against Children Task Force. All parties agree that the following attachments contain the objective and scope and are hereby made a part of this grant. These attachments may not be altered or modified without a written amendnvnt signed by all parties. V. CANCELLATION: A. The ASP and the Recipient agree that either party may cancel this agreement with or without cause at any time by giving the other party thirty (30) calendar days written notice, and delivering notice of cancellation either in person or by certified mail, return receipt requested, restricted delivery. Cancellation notices to the Arkansas State Police must be sent to the Fiscal Officer or the authorized representative designated herein. VI. PROGRAM COMPLIANCE: A. STATE AND FEDERAL LAWS: Performance of this grant by the Recipient and the ASP must comply with state and federal laws and regulations. If any statute or regulation is enacted which requires changes in this grant, the Recipient will receive notification of the required changes. This grant shall then be amended according to the procedures outlined in Section X. B. FORCE MAJEURE: Neither party will be held responsible for any delay or failure to perform any part of this grant when such delay or failure results from fire, flood, epidemic, war or insurrection, unusually severe weather, or the legal acts of public authorities. C. COMPLIANCE WITH NONDISCRIMINATION LAWS: It will comply, and all its contractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 �R Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. Subgrantee is required to notify Arkansas State Police of any violations to the above. Page 2 of 5 Attachment No. Description 1 Memorandum of Agreement 2 Detailed Budget 3 Budget Narrative V. CANCELLATION: A. The ASP and the Recipient agree that either party may cancel this agreement with or without cause at any time by giving the other party thirty (30) calendar days written notice, and delivering notice of cancellation either in person or by certified mail, return receipt requested, restricted delivery. Cancellation notices to the Arkansas State Police must be sent to the Fiscal Officer or the authorized representative designated herein. VI. PROGRAM COMPLIANCE: A. STATE AND FEDERAL LAWS: Performance of this grant by the Recipient and the ASP must comply with state and federal laws and regulations. If any statute or regulation is enacted which requires changes in this grant, the Recipient will receive notification of the required changes. This grant shall then be amended according to the procedures outlined in Section X. B. FORCE MAJEURE: Neither party will be held responsible for any delay or failure to perform any part of this grant when such delay or failure results from fire, flood, epidemic, war or insurrection, unusually severe weather, or the legal acts of public authorities. C. COMPLIANCE WITH NONDISCRIMINATION LAWS: It will comply, and all its contractors will comply, with the nondiscrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 �R Part 42, Subparts C, D, E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. Subgrantee is required to notify Arkansas State Police of any violations to the above. Page 2 of 5 ARKANSAS STATE POLICE SUBGRANT AGREEMENT D. CERTIFICATION REGARDING LOBBYING: The Recipient shall comply with Public Law 101-121, Section 319 (Section 1352 of Title 31 U.S.C.) by certifying that appropriated federal funds have not been or will not be used to pay any person to influence or attempt to influence a federal offrciaVemployee in connection with the awarding of any federal contract, grant, loan or cooperative agreement for an award in excess of $100,000.00. This certification is included as Attachment to this grant. If the Recipient bas paid or will pay for lobbying using funds other than appropriated federal funds, Standard Form -LLL (Disclosure of Lobbying Activities) shall be completed and included as Attachment to this grant. E. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: The Recipient, as a lower tier recipient of federal funds, shall comply with Executive Order 12549 (Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion - Lower Tier Covered Transactions). By signing and submitting this lower tier proposal, the prospective lower tier participant, as defined in 45 CFR Part 76, certifies to the best of its knowledge and belief that it and its principals: 1. are not presently debarred, suspended, proposed for debamtent, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 2. where the prospective lower tier participant is unable to certify to any of the above, such prospective participant shall attach an explanation to this proposal. VII. PROGRAM OPERATION: A. PURPOSE AND SCOPE: The Recipient shall comply with the purpose and scope of this grant as specified in Attachment ane ). B. STATISTICAL AND FINANCIAL INFORMATION: The Recipient shall certify and compile statistical and financial information. Financial information shall be maintained in accordance with generally accepted accounting principles. C. SUBCONTRACTING: The Recipient shall be responsible for the performance of all obligations under this grant, including subcontracted services. The Recipient shall notify all subcontractors that the Department is not responsible for payments to the subcontractor and that all reimbursement for subcontracted services will be made by the Recipient. VIII. INFORMATION AND RECORDS: A. ACCESS TO RECORDS: The Recipient shall grant access to its records upon request by duly authorized representatives of state or federal government entities. Access shall be given to any books, documents, papers or records of the Recipient which are related to any services perforated under this agreement The Recipient additionally consents that all sub -grants will contain adequate language to allow the same guaranteed access to the records of sub - grantees. B. RECORD RETENTION: The Recipient will retain all books, records, and other documents relating to expenditures and services rendered under this grant for a period of three (3) years from the date this grant expires, or if an audit is pending at the end of the three-year period, until resolution of the audit.. C. CONFIDENTIALITY OF CLIENT RECORDS: The Recipient will maintain the confidentiality of all client records. This restriction does not apply to disclosures made with the informed, written consent of the client, or if the client is not a competent adult or is a minor, with such consent of the client's parent, guardian or legal representative. D. FREEDOM OF INFORMATION: The Recipient shall comply with the Freedom of Information Act. Page 3 of s ARKANSAS STATE POLICE SUBGRANT AGREEMENT IX. FISCAL PRACTICES A. CLAIMS: Only those claims for costs and services specifically authorized under this grant will be allowed by the ASP. Any work performed, material furnished, or costs incurred not covered by this grant shall be solely the responsibility of the Recipient. B. NON -DUPLICATION OF PAYMENT: Services provided or costs incurred tinder this grant shall not be allocated to or included as a cost of any other state or federally financed program. C. BILLING: Billing under this Agreement shall be in accordance with established ASP procedures. Payment method shall be as stated in Section ID of this agreement. D. LIMITATION OF THE ASP OBLIGATION TO PAY: The ASP is not obligated to make payment under this grant if the ASP does not receive sufficient monies from the funding sources) designated in this grant to fund said obligations and other obligations of the ASP, or is not given legal authority from the Arkansas Legislature to expend these funds. The ASP is not obligated to make payment if sufficient state or local matching money is not available at the time the bill is presented for payment. E. PAYMENT FROM ASP CONSIDERED PAYMENT IN FULL• Payment received from the ASP under this grant shall be payment in full for all services and/or costs covered by the payment. No fee or other charge shall be made against a client or a third party for these services and/or costs. This paragraph does not preclude allocation of costs among two or more funding sources, or payment of portions of a service and/or cost under different funding sources, so long as there is no duplication of payment. F. AUDIT REQUIREMENT: Recipient shall send two copies of the audit to the following address: Arkansas State Police Fiscal Section #1 State Police Plaza Drive Little Rock, Arkansas 72209 G. RECOVERY OF FUNDS: The ASP shall seek to recover funds not utilized in accordance with the terms and conditions of this grant. X. AMENDMENT: Any amendment to this agreement shall be valid only when in writing and when duly signed by the authorized representative(s) of the Recipient and the ASP Recipient and ASP acknowledge that no verbal or written representations, other than those contained herein, have been made as an inducement to enter into this Agreement and that this writing constitutes their entire Agreement Page 4 of 5 ARKANSAS STATE POLICE SUBGRANT AGREEMENT XI. CERTIFICATION AND SIGNATURE: A. SIGNATURES: Si e of Sub ant A ' reement Reel • lent of Recip lor uthorized R 6 • resentative nzed Representative Date Lioneld Jordan Mayor Printed Name of Recipient Authorized Representative Title In signing this document, I attest that I am authorized by the board of Directors or other governing authority to sign this grant on behalf of the Recipient. / Signature of ASP Agency Authorized Representative • 3o >Jo u. '01 igna of ASP Authorize; Rept tati Date W1IVLore P € • /Htt,t.tfl .Th e(s.'tcryIL. Printed Name of ASP Authorized Representative Title Program Agency (ASP) Program Contact Person: Sgt. Hoyt Harness Fiscal Contact Person: Cathalene Purvis Phone: 0_01) 618-8155 Phone: (501)618-8335 Page 5 of 5 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,00 0 and not more than $100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will bepaid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to Insure or guarantee a loan, the undersigned shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who faits to file the required statement shall be subjec t to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. • APPLICANT'S ORGANIZATION FayettOilleellirdlice Depai3fnent. "_.• :. _ :: , x . * PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: • Last Name: • Title: • First Name: alLionelW • SIGNATURE: e?;;Afile:794., Middle Name: Suffix: • DATE: 1/7, 7105 Ad11K%TRffff fr-. f, . 01 Op O •,. z ••• • • -P : ;FAYETTEVILLE• f. 41 - Pca . CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION LOWER TIER COVERED TRANACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). Copies of the regulations may be obtained by contacting the person to whom this proposal is submitted. (BEFORE COMPLETING CERTIFICATION, READ ATTACHED INSTRUCTIONS) 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Lioneld Jordan, Mayor Name and Title of Authorized Representative (please print or type) Signa Name of Company: ......................... T %G�T fir• 7 •v3_ FE : FAYETTEVILLE; 3-7 %sygRkgNSP6°N) Fayetteville Police Department ///hp Date Address: 100-a West Rock Street Fayetteville, AR 72701 INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", "ineligible", "lower tier covered transaction", "participant", "person", "voluntarily excluded", as used in this clause have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not requited to, check the Nonprocurement List (202) 786-0688. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. • Arkansas State Police Internet Crimes Against Children Arkansas Region #1 State Police Plaza Drive Little Rock, AR 72209 MEMORANDUM OF UNDERSTANDING Effective for the duration of Cooperative Agreement #2007 -MC -C( -K005 PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Arkansas State Police (ASP) and Fayetteville Police Department (FPD) ASP will hereinafter be referred to as the sponsor agency and FPD will hereinafter be referred to as the affiliate agency. Investigative personnel so assigned are referred to as Task Force Officers (TFO). The Internet Crimes Against Children Task Force — Arkansas Region (ICACTF-AR) will be administered by ASP as the sponsor agency for administrative, operational, and logistical management under direction of the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and only to the extent required by the ICAC Cooperative Agreement referenced above. PURPOSE The purpose of this MOU is to delineate the responsibilities of the ICACTF-AR participants, maximize interagency cooperation, and formalize relationships between the agencies for policy guidance, planning, training, and media relations. Violation of any portion of this MOU by the affiliate agency or Its representatives is cause for cancellation of the agreement hereinafter contained and the termination all financial or other support by the sponsor agency. The mission of ICACTF-AR is to provide a comprehensive multi -agency response to identify, investigate, apprehend, and successfully prosecute offenders who use the Internet, online communication systems, or other computer technologies to sexually exploit children and to provide proactive tools, resources, and 1 • 1 information to educate parents, teachers, and children about Internet safety and victimization prevention. INVESTIGATIVE/OPERATIONAL STANDARDS The affiliate agency must insure that: 1 Agency policy does not conflict with any portion of the latest published ICAC Operational and Investigative Standards, and 2. They must adopt as part of their agency policy those portions of the ICAC Operational and Investigative Standards that are relevant to their participation with ICACTF-AR as well as their conduct of Internet child exploitation investigations in general. The ICAC Operational and Investigative Standards is a published set of guidelines and best practices that have been developed through the national ICAC Working Group and adopted as requirements for all agencies participating in the program. The ICAC Working Group is a consortium of sponsor agency representatives from each of the Regional Task Forces. The ICAC Operational and Investigative Standards are nationally recognized and widely copied for law enforcement use outside of the ICAC program. The head of agency signature for the affiliate agency affixed to the bottom of this document affirms compliance with this requirement. If the execution of this document is the first one executed between the sponsor and the affiliate agency, the signature may denote that active steps are being taken to comply with the above requirements which must be completed in a timely manner. AGENCY POINT -OF -CONTACT The affiliate agency agrees to identify a activities to represent the agency as part coordination and communications purposes. representatives from other affiliate agencies supervisor assigned to their ICAC of the Regional Advisory Group for This Group is comprised of similar that are part of ICACTF-AR. MONTHLY REPORTING Statistical data pertinent to affiliate agency operations and conforming to established ICAC definitions and format as determined by the ICAC Working Group must be collected by the affiliate agency and submitted to the sponsor agency's ICAC Coordinator not later than the 10th day of each month. The data submitted should include all pertinent data collected during the previous month. 2 • •. For example, data collected from March lst through March 31st should be submitted in ICAC format not later than April 10th. Other reports may be required from time to time by the sponsor agency, OJJDP, and/or other agencies in coordination with ICAC These are to be considered required reports as well and the terms of timely and complete submission will be provided as necessary. TRAINING The sponsor agency agrees to provide assistance for training at the national level and access to schools and courses taught or sponsored by the ICAC program and its national partners. Costs for training, instructors, and materials will be covered by ICAC funding. Lodging is also covered for the majority of ICAC sponsored training. In many cases, software and other tools are provided at no cost. All other expenses are the responsibility of the affiliate agency. COMMUNICATIONS The sponsor agency will allow access to ICAC information and data systems by the affiliate agency for case deconfliction, information sharing, assistance requests, data archival/retrieval, . and other purposes. This access will be coordinated and managed by the sponsor agency. REACTIVE/PROACTIVE INVESTIGATIONS The affiliate agency must conduct reactive investigations at a minimum. Reactive investigations include CyberTipllne Reports from the National Center for Missing and Exploited Children (NCMEC), referrals from the sponsor agency or other ICAC Task Forces, referrals from other agencies, citizen complaints, etc. Affiliate agencies can also conduct proactive Investigations at their discretion based on Jurisdictional need and/or compliance with the requirement to participate in national ICAC investigations. Proactive investigations may include one or more of the following: Peer -2 -Peer (P2P) investigations, online chat, File Transfer Protocol (FTP), instant messenger, etc. Proactive undercover investigations may only be conducted by sworn law enforcement personnel and those personnel must have successfully completed specific ICAC or approved national training for that purpose. OTHER AGENCY REFERRALS 3 • • The affiliate agency must respond in a timely manner to referrals and assistance requests from the sponsor agency, other affiliate agencies, ICAC Task Forces, and NCMEC. ICAC Regional Task Forces around the country place a very high priority on assistance requests made by sponsors and affiliates from other regions. ICACTF-AR affiliates consequently are also expected to view outside assistance requests from other task forces with the same high degree of prioritization and handling. NATIONALLY COORDINATED INVESTIGATIONS The affiliate agency must fully participate in all nationally coordinated ICAC investigations. FORENSIC SUPPORT The sponsor agency, in cooperation with existing affiliate agencies, will provide forensic support for investigations. All ICAC forensic services will conform to national ICAC best practices as identified from time to time by the national ICAC Working Group. Additional forensic services offered by the affiliate agency must likewise conform to these best practices. In addition, the affiliate agency must submit all images/graphics/movie files/etc. to NCMEC's Child Victim Identification Program (CVIP) in every case forensically examined by them in accordance with NCMEC guidelines and procedures. This requirement only applies to cases actually examined by the undersigned affiliate, not to cases submitted elsewhere by the affiliate for examination. Forensic cases examined by the sponsor agency or existing affiliates will be submitted by those agencies, even if the case was submitted by the undersigned affiliate. There is no exception to this requirement. COMMUNITY/AGENCY RESOURCE The affiliate agency must serve as an ICAC resource and point -of -contact for all communities and agencies located within their jurisdiction or geographic area of responsibility. As a resource, the affiliate agency provides investigative assistance, public awareness information, and coordinates state and national ICAC assets in their area. As a point -of -contact, the affiliate agency represents the ICAC program in their jurisdiction. 4 • • • • MEDIA Media outreach on cases must be coordinated with the prosecutor to whom the case has been or will be referred in order to ensure compliance with applicable bar rules and other prosecutorial guidelines, DU RATION This MOU shall remain in full force and effect beginning on the date of signature and continuing for the duration of the current Cooperative Agreement period and all subsequent extensions. Any affiliate agency may withdraw from ICACTF-AR at any time by written notification from the head of agency to the Director of the Arkansas State Police. This written notification must be received by ASP not later than thirty (30) days prior to withdrawal. Upon withdrawal from ICACTF-AR, or termination of this MOU by the sponsor agency, all equipment provided to the sponsor agency will be returned to the former affiliate agency that supplied the equipment. All equipment provided to the affiliate agency or its employees will be returned to the sponsor agency in the absence of permanent Legal transfers of property between state agencies as applicable. MODIFICATIONS This agreement may be modified at any time by written consent of the sponsor and affiliate agencies. Modifications to this MOU shall have no force or effect unless such modifications are reduced to writing and signed by the head of agency for each participating agency. 5 • SIGNATURES • oloneinford Phillips, Director Arkans s State Police Greg Tabot7€M'e'f�f Police Fayetteville Police Department 6 • Date: --\\c:1-:=,%. Budget Narrative 09 Travel and Training NW3C-Basic Data Recovery & Acquisition—$2425 This class will provide an introduction to computer forensic exams. The budgeted amount will allow two investigators to attend this training. This will be their first step in becoming forensic examiners. NW3C-Basic Cell Phone Investigations --$1513 This is an introductory class to cell phone investigations, covering proper techniques for seizing and preserving evidence. The budgeted amount will allow two investigators to attend this training. NW3C-Intermediate Data Recovery & Acquisition—$2536 This class will be the next step after Basic Data Recovery. The budgeted amount will allow the two investigators to attend who completed the Basic Data Recovery Training. ICAC National Conference—$2312 The budgeted amount will allow two investigators to attend the national conference. State ICAC Meeting—$382 The budgeted amount will allow for the local ICAC coordinator to attend a two day training session based upon approval for this grant. ICAC Unit Supervisor—$861 The budgeted amount will allow for the local ICAC coordinator (the first line supervisor of this unit) to attend this training. Lodging is paid by ICAC T&TA Program. Silicon Valley ICAC Conference --$2382 The budgeted amount will allow two investigators to attend the Silicon Valley conference. NW3C-Fast CyberForensic Triage—$1057 This is an advanced class that specifically covers onsite forensic previews. The budgeted amount will allow our senior forensic examiner to attend this training. TOTAL TRAVEL & TRAINING COSTS—$13,468 11 Capitol Outlay Items CelleBrite-Universal Forensic Extraction Device; Charging Tips—$4773 CelleBrite will allow for data extraction from cell phones and organization of the data into a manageable format for case files. This will allow us to expand our investigative abilities o cell phones. FTK 2 Standalone SMS—$2520 The budgeted amount will renew an existing license and will allow us free updates and online training seminars. FTK is utilized for our computer forensic exams. TOTAL EQUIPMENT COSTS—$7,293 02 Maintenance and Operations Supply Items 20 8 GB Flash Drives—$400 Additional flash drives will assist in storage of data. Sony 60 GB Hard Drive Camcorder—$400 This item will be utilized during search warrants to document any information helpful to the case. This could include the setup of electronic evidence, any incriminating evidence in the vicinity, and onsite suspect interviews. 3 Seagate 1.5 TB Hard Drives—$392 These hard drives will assist in evidence storage and will provide needed space for large case files. CD/DVD Inspector --$659 This item will assist in the search and extraction of data from CDs and DVDs. Paraben E -Mail Examiner—$259 This software will be utilized during forensic exams. Paraben Stronghold Bags—$100 This item will be used to secure wireless devices after seizure to prevent remote access. Apple MacBook 160 GB Model MC240LL/A—$1000 This item will be used for better compatibility and familiarity with the Apple system during forensic exams. UltraBlock Forensic Write Blocker w/ Cables & Power Supply—$411 This item will be used for searching media cards during forensic exams. TOTAL SUPPLIES COSTS --$3,621 06 Overtime