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Home My WebLink About187-10 RESOLUTIONRESOLUTION NO. 187-10 A RESOLUTION AUTHORIZING ACCEPTANCE OF A 2010-2011 INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE PROGRAM CONTINUATION NON-MATCHING GRANT IN THE AMOUNT OF $10,000.00 FOR THE PURCHASE OF A FORENSIC RECOVERY OF EVIDENCE DEVICE FOR THE FAYETTEVILLE POLICE DEPARTMENT SPECIAL INVESTIGATIONS UNIT 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 acceptance of a 2010-2011 Internet Crimes against Children (ICAC) Task Force Program Continuation Non -Matching Grant in the amount of $10,000.00 for the purchase of a forensic recovery of evidence device for the Fayetteville Police Department Special Investigations Unit. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "A," recognizing the revenue. PASSED and APPROVED this 2nd day of November, 2010. APPROVED: B ATTEST: By: ®t/4A-#) C • A SONDRA E. SMITH, City Clerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2010 Department: Police Division: Police Program: Police Projects Request Date 11/2/2010 Adjustment Number JUSTIFICATION. TO INCREASE PROJECT / ITEM: Establish an expense budget for the 2010-2011 ICAC Task Force Program Continuation Sub -grant. These funds will be used to purchase a Forensic Recovery of Evidence Device and investigator overtime. JUSTIFICATION TO DECREASE PROJECT/ ITEM (OR RECOGNIZING REVENUE): Revenue will be received from the Arkansas State Police on a reimbursement basis. Account Name Account Number Increase Budget Decrease Budget Project.Sub Number Personnel Services - Contra 1010.2920.5120.00 1,851 06033 . 1011 Minor Equipment 1010.2920.5210.00 8,149 06033 . 1011 State Grants - Operational 1010.0001.4302.01 10,000 06033 . 1011 1.6 - f 8.26a Finance ! irector Date Chie ayor Date ate \\fpd\dfs\user Admin\wnewman\willie\BA Form 2010 - Blank TOTAL 10,000 Requested By 10,000 0. �. Budget & Research Use Only Type: A B C Description: wnewman E General Ledger Date Posted to General Ledger Posted to Pro'ect Accounting EXHIBIT A - Initial Initial Date Date G. Tabor Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 11/2/2010 City Council Meeting Date Agenda Items Only Patrol Division Action Required: Police Department Acceptance of the non-matching 2010-2011 Internet Crimes Against Children (ICAC) Task Force Program Continuation Grant award and approval of a budget adjustment in the amount of $10,000. 10,000.00 Cost of this request 1010 -2920 -various Account Number 06033-1011 Project Number Budgeted Item 10,000.00 Category / Project Budget ICAC Task Force Program Category / Project Name Grant Funds Used to Date Program / Project Category Name 10,000.00 General Remaining Balance Fund Name Budget Adjustment Attached X Finance and Internal Services Director 1 . 1 Chief of Staff Mayor t `"%g--2010 Date /0-44,-A0 Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office 10-15-10P01:49 RCVD Comments: Revised January 15, 2009 ae evi le THE CITY OF FAYETTEVILLE, ARKANSAS POLICE DEPARTMENT 100-A West Rock Street Fayetteville, AR 72701 P (479) 587-3555 F (479) 587-3522 www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and Members of the City Council From: Greg Tabor, Chief of Police Date: October 15, 2010 Subject: Acceptance of 2010-2011 Internet Crimes Against Children Grant and Budget Adjustment PROPOSAL: The Arkansas State Police has awarded an Internet Crimes against Children (ICAC) Task Force Program Continuation Sub -grant for 2010-2011 to the Fayetteville Police Department's Special Investigations Unit in the amount of $10,000. These funds will be used to purchase a Forensic Recovery of Evidence Device (FRED) in the amount of $8,149 and for overtime costs related to ICAC investigations in the amount of $1,851. The FRED is used in the forensic examination and evidence collection of digital data stored on all electronic storage devices. RECOMMENDATION: Staff recommends acceptance of the non-matching 2010-2011 ICAC Task Force Program Continuation Grant award and approval of a budget adjustment in the amount of $10,000. BUDGET IMPACT: None Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION AUTHORIZING ACCEPTANCE OF A 2010-2011 INTERNET CRIMES AGAINST CHILDREN (ICAC) TASK FORCE PROGRAM CONTINUATION NON-MATCHING GRANT 1N THE AMOUNT OF $10,000.00 FOR THE PURCHASE OF A FORENSIC RECOVERY OF EVIDENCE DEVICE FOR THE FAYETTEVILLE POLICE DEPARTMENT SPECIAL INVESTIGATIONS UNIT 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 acceptance of a 2010-2011 Internet Crimes against Children (ICAC) Task Force Program Continuation Non -Matching Grant in the amount of $10,000.00 for the purchase of a forensic recovery of evidence device for the Fayetteville Police Department Special Investigations Unit. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached as Exhibit "A," recognizing the revenue. PASSED and APPROVED this 2nd day of November, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Mike Beebe Governor ARKANSAS STATE POLICE COMMISSION Dr. Lewis Shepherd Chairman Arkadelphia John Allison Vice -Chairman Conway Steve G. Smith Secretary LitIk Rock Jane Christenson Harrison Daniel "Woody" Futrell Narh,ile Wallace Fowler Jonesboro Frank Guinn, Jr. Paragould State of Arkansas ARKANSAS STATE POLICE 1 State Police Plaza Drive Little Rock, Arkansas 72209-4822 www.asp.arkansas.gov "SERVING WITH PRIDE AND DISTINCTION SINCE 1935" November 16, 2010 Chief Greg Tabor Fayetteville Police Department 100-A West Rock Street Fayetteville, AR 72701 Dear Chief Tabor: Winford E. Philips Director On behalf of the Arkansas State Police, it is my pleasure to inform you that your application for funding in the amount of $10,000.00 under the Internet Crimes Against Children Task Force Cooperative Agreement #2010 -MC - CX -K009 has been approved for the award period of April 1, 2010 through March 31, 2011. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports and all other special conditions outlined in your Memorandum of Understanding and Subgrant Agreement. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Captain Henry La Mar, ICAC Commander, at (501) 618-8550; or -Sgt. Hoyt Harness, ICAC Coordinator, at (501) 618-8373. Congratulations and we look forward to working with you. Sincerely, olonel Winford Phillips, Director Arkansas State Police Mike Beebe Governor ARKANSAS STATE POLICE SUBGRANT AGREEMENT State of Arkansas ARKANSAS STATE POLICE 1 State Police Plaza Drive Little Rock, Arkansas 72209-4822 www.asp.arkansas.gov "SERVING WITH PRIDE AND DISTINCTION SINCE 1935" Winford E. Phillips Director SubGrant Agreement SubGrant Number ICAC10-03 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: AASIS Vendor # 100036504 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 April 1, 2010 and will end on March 31, 2011 In no event shall the initial tern 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. III. 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: FUND FUND CENTER COMMITMENT ITEM COST CENTER GENERAL LEDGER WBS INTERNAL ORDER AMOUNT FLA8400 521 510:00:04 456845 5100001000 F.0960.1CAC-10-S S10,000 0 Total Grant Amount: $ 10,000.00 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 10th 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 Missing Children's Assistance Grant Status: ❑ Discretionary ® Discretionary, but exempt ❑ 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 amendment si ned b all art' 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 CFR Part 42, Subparts C, D, E, and G; and Depai tment 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 g y p ies. 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 CFR Part 42, Subparts C, D, E, and G; and Depai tment 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 1.01-121, 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 official/employee in connection with the awarding of any federal contract, grant, loan or cooperative agreement for an award in excess of $100,000.00. If the Recipient has 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 with 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 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 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 one (1). 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 Depa, unent 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 performed 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. IX. FISCAL PRACTICES Page 3 of 5 ARKANSAS STATE POLICE SUBGRANT AGREEMENT 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 under 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 III 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 source(s) 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. XI. CERTIFICATION AND SIGNATURE: Page 4 of 5 A. SIGNATURES: nature of Sub ARKANSAS STATE POLICE SUBGRANT AGREEMENT rant reement Reci ' ient Authorized Re resentative \O\�.•\O Signature of 1 , orized Representative Greg Tabor Printed Name of Recipient Authorized Representative Date Chief of Police 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. jature of ASP A enc Authorized Re resentative ature of A ' ' Authorized Represejtative Date IN I Al fors p P (/4ii i) L t2 c=c -rat Printed Name of ASP Authorized Representative • Title Program Agency (ASP) Program Contact Person: Sgt. Hoyt Harness Fiscal Contact Person: John Tidwell Phone: (501) 618-8155 Phone: (501) 618-8335 Page 5 of 5 (12/20/2010) Kimberly Johnson - 2010 ICAC Grant Seite From: Willie Newman To: Johnson, Kimberly Date: 12/20/2010 4:52 PM Subject: 2010 ICAC Grant Kim, In an effort to meet the Arkansas State Police (ASP) timeline for acceptance of the 2010 Internet Crimes Against Children Grant, the ASP accepted Chief Tabor's signature as our agency director and authorized the award in the amount of $10,000 as attested by Winford Phillips signature on October 20, 2010. Please attach the Mayor's signature to previously submitted award documents as the City's authorization to accept this award. Let me know if you have any further questions. Thanks for all your help, Willie Willie Newman Financial Coordinator Fayetteville Police Department 100-A West Rock Street Fayetteville, Arkansas 72701 Ph: 479-587-3579 Fax: 479-587-3570 Telecommunication Device for the Deaf: 479-521-1316 wnewman@ci.fayetteville.ar.us ARKANSAS STATE POLICE SUBGRANT AGREEMENT A. SIGNATURES: re of Sub • rant Agreement Recipient Authorized Representative TSA e of Recipien agrPrnzed Representative i o hia,1 c ardt Printed Name of Recipient Authorized Representative ›eZ Date 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 Signature of ASP Authorized Representative Date Printed Name of ASP Authorized Representative Title Program Agency (ASP) Program Contact Person: Sgt. Hoyt Harness Fiscal Contact Person: John Tidwell Phone: (501) 618-8155 Phone: (501) 618-8335 Page 5 of 5 Fayetteville Police Department Washington County Sheriffs Office Budget Detail Worksheet 11 Capitol Outlay Items Forensic Recovery of Evidence Device (FRED) FRED DX Configuration 06 Overtime Detective Jonathan Snyder Detective Andy Higdon Detective Cory Roberts Computation $7,999 -FRED DX; $150 S&H Computation Overtime Rate=$35.88 excluding fringe Overtime Rate=$34.67 excluding fringe Overtime Rate=$33.47 excluding fringe Cost $8,149 TOTAL $8,149 Cost $617 $617 $617 TOTAL $1,851 Budget Narrative 11 Capitol Outlay Items Forensic Recovery of Evidence Device (FRED) — FRED DX (Dual Xeon) Configuration ---$8,149.00 The new FRED will be an update to our current equipment. Along with our current FRED, this will also assist in our forensic exam capabilities as we are training two new forensic examiners. TOTAL EQUIPMENT COSTS ---$8,149 06 Overtime Overtime Costs ---$1,851.00 This budgeted amount will be used for any overtime costs incurred during the course of ICAC investigations. TOTAL OVERTIME COSTS ---$1,851 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 #2010 -MC -CX -K009 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 AR -ICAC participants, maximize interagency cooperation, and formalize relationships between the agencies for poiicy 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 AR -ICAC 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 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 AR -ICAC 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 supervisor assigned to their ICAC activities to represent the agency as part of the Regional Advisory Group for coordination and communications purposes. This Group is comprised of similar representatives from other affiliate agencies that are part of AR -ICAC. 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 1st 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 CyberTipline 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. 3 OTHER AGENCY REFERRALS 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. AR -ICAC 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. DURATION 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 AR -ICAC 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 AR -ICAC, 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 Colonel Winfdrd Phillips, Director Arkansas State Police Greg Tabor, Colice Fayetteville Police Department 6 Date: 31 L4J .2a1v Date: (Z.'� -\ ,