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HomeMy WebLinkAbout217-11 RESOLUTIONRESOLUTION NO. 217-11 A RESOLUTION ACCEPTING A NON-MATCHING 2011-2012 INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM CONTINUATION GRANT FROM THE ARKANSAS STATE POLICE IN THE AMOUNT OF $5,000.00, AND APPROVING A BUDGET ADJUSTMENT 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 accepts a non-matching 2011-2012 Internet Crimes Against Children Task Force Program Continuation Grant from the Arkansas State Police in the amount of $5,000.00. 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". PASSED and APPROVED this 20th day of December, 2011. APPROVED: ATTEST: By: X 1 ilf SODRA E. SMITH, City tlerk/Treasurer City of Fayetteville, Arkansas Budget Adjustment Form V11.0425 Budget Year 2011 Division: Police Department: Police Request Date 12/20/2011 Adjustment Number BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION Acceptance of the non-matching 2011-2012 Internet Crimes against Children (ICAC) Task Force Program Continuation Grant award and approval of a budget adjustment in the amount of $5,000. Division Hea dget Director Department Director Date Date /2 / zo, ate t Date Date ate . Prepared By: Reference: wnewman Budget & Research Use Only Type: A BCD E P General Ledger Date Posted to General Ledger Checked / Verified Initial Date Initial Date Account Name TOTAL BUDGET ADJUSTMENT Account Number 5,000 5,000 Increase / (Decrease) Expense Revenue Project.Sub Number Personnel Svcs - Contra 1010.2920.5120.00 2,643 Travel & training 1010.2920.5304.00 2,357 State Grants -Operational 1010.0001.4302.01 06033 . 1112 06033 : 1112 5,000 06033 . 1112 \\fpd\dfs\user\Admin\jcohea\ICAC - Grants\2011\Award\BA-2011 Award EXHIBIT 1 of 1 Mike Reynolds Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 12/20/2011 City Council Meeting Date Agenda Items Only Investigations Division Action Required: Police Department Acceptance of the non-matching 2011-2012 Internet Crimes Against Children (ICAC) Task Force Program Continuation Grant award and approval of a budget adjustment in the amount of $5,000. 5,000.00 Cost of this request 1010 -2920 -various Account Number 06033-1112 Project Number Budgeted Item Category / Project Budget ICAC Task Force Program Category / Project Name Grant Funds Used to Date Program / Project Category Name General Remaining Balance Fund Name Budget Adjustment Attached X Departmen _s:,.-ctor Cit Finance and Internal Services Director 10/20 ( Date /2.2-i, Date 1. L-2.-201( Chief of S.: Mayor Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office 12-02-1 1 A08:42 RCVD Comments: Revised January 15, 2009 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: Mike Reynolds, Deputy Chief of Police Date: November 30, 2011 Subject: Acceptance of 2011-2012 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 2011-2012 to the Fayetteville Police Department's Special Investigations Unit in the amount of $5,000. These funds will be used for overtime costs related to ICAC investigations in the amount of $2,642.94 and ICAC training in the amount of $2,357.06. RECOMMENDATION: Staff recommends acceptance of the non-matching 2011-2012 ICAC Task Force Program Continuation Grant award and approval of a budget adjustment in the amount of $5,000. BUDGET IMPACT: Non-matching grant Telecommunications Device for the Deaf TDD (479) 521-1316 113 West Mountain - Fayetteville, AR 72701 RESOLUTION NO. A RESOLUTION ACCEPTING A NON-MATCHING 2011-2012 INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM CONTINUATION GRANT FROM THE ARKANSAS STATE POLICE IN THE AMOUNT OF $5,000.00, AND APPROVING A BUDGET ADJUSTMENT 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 accepts a non-matching 2011-2012 Internet Crimes Against Children Task Force Program Continuation Grant from the Arkansas State Police in the amount of $5,000.00. 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". PASSED and APPROVED this 20th day of December, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Mike Beebe Governor 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" Subaward Agreement JR Howard Director Subaward Number ICAC10-C-03 is entered into between Arkansas State Police herein after referred to as ASP and the Subrecipient as indicated below. I. SUBRECIPIENT 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) Subrecipient Contact Name, Title, & Phone: Sergeant John Warren 479-587-3530 ASP Division/Office Contact Name, Title, & Phone: Sgt. Hoyt Harness, 501- 618-8373 II. AWARD PERIOD: This agreement will begin on 04/01/2011 and will end on 03/31/2012 In no event shall the initial term of the award 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 award, or any costs or obligations of the Subrecipient, the liability of payment by ASP to the Subrecipient under this award shall be subject to the limits specified below: FUND FUND CENTER COMMITMENT ITEM COST CENTER GENERAL LEDGER WBS INTERNAL ORDER AMOUNT FLA8400 521 501:00:04 456845 5100001000 F.0960.ICAC-10-S 5,000.00 Total Award Amount: $5,000.00 Method of Payment: Reimbursement — Payment for allowable costs that have been paid for by the Subrecipient during the above grant period. Invoice forms and backup documentation are to be submitted to ASP by the 10th of the subsequent month in which activities are completed and expenditures are incurred. IV. OBJECTIVE AND SCOPE: CFDA Number 16.543 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 award. These attachments may not be altered or modified without a written amendment signed by all parties. Attachment No. Description 1 Memorandum of Agreement 2 Detailed Budget 3 Budget Narrative 4 Special Conditions V. CANCELLATION: A. ASP and the Subrecipient 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 ASP must be sent to the ICAC Program Contact or the authorized representative designated herein. VI. PROGRAM COMPLIANCE: A. STATE AND FEDERAL LAWS: Performance of this award by the Subrecipient and ASP must comply with state and federal laws and regulations. If any statute or regulation is enacted which requires changes in this award, the Subrecipient will receive notification of the required changes. This award 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 award 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: Subrecipient 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 Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. Subrecipient is required to notify ASP of any violations to the above. D. CERTIFICATION REGARDING LOBBYING: The Subrecipient 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 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 Subrecipient 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 award. E. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION: The Subrecipient, 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 Subrecipient shall comply with the purpose and scope of this award as specified in Attachment 1. B. STATISTICAL AND FINANCIAL INFORMATION: The Subrecipient shall certify and compile statistical and financial information. Financial information shall be maintained in accordance with generally accepted accounting principles. C. SUBCONTRACTING: The Subrecipient shall be responsible for the performance of all obligations under this award, including subcontracted services. The Subrecipient shall notify all subcontractors that ASP is not responsible for payments to the subcontractor and that all reimbursement for subcontracted services will be made by the Subrecipient. VIII. INFORMATION AND RECORDS: A. ACCESS TO RECORDS: The Subrecipient 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 Subrecipient which are related to any services performed under this agreement. The Subrecipient additionally consents that all subawards will contain adequate language to allow the same guaranteed access to the records of subgrantees. B. RECORD RETENTION: The Subrecipient will retain all financial records, supporting documents, statistical records, and all other records pertinent to the award for at least 3 years after receiving notification from the awarding agency that the award has been financially and programmatically closed. If any legal claim, negotiation, audit, or other action involving the records has started before the expiration of the 3 -year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular 3 -year period, whichever is later. C. FREEDOM OF INFORMATION: The Subrecipient shall comply with the Freedom of Information Act. IX. FISCAL PRACTICES A. CLAIMS: Only those claims for costs and services specifically authorized under this award will be allowed by ASP. Any work performed, material furnished, or costs incurred not covered by this award shall be solely the responsibility of the Subrecipient. 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 ASP OBLIGATION TO PAY: ASP is not obligated to make payment under this award if ASP does not receive sufficient monies from the funding source(s) designated in this award to fund said obligations and other obligations of ASP, or is not given legal authority from the Arkansas Legislature to expend these funds. E. PAYMENT FROM ASP CONSIDERED PAYMENT IN FULL: Payment received from 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 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: Subrecipient 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: ASP shall seek to recover funds not utilized in accordance with the terms and conditions of this award. 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 Subrecipient and ASP. Subrecipient 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. XL CERTIFICATION AND SIGNATURE: A. SIGNATURES: Signature of bgrant A ' reentent Subrecipient Authorized Representative S = a re of Subr ipien uthorized Representative V/%/ Date m bn�,(d danmor Printed Name of Subrecipient 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 award on behalf of the Subrecipient. Signature of ASP Agency Authorizgd Representative ye SignaSP Authorized Representative Printed Name of ASP Authorized Representative 06/12 -- Date ( QeT-6 Title Program Agency (ASP) Program Contact Person: Sgt. Hoyt Harness Fiscal Contact Person: John Tidwell Phone: (501) 618-8373 Phone: (501) 618-8335 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by — Mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 Email: oig.hotline@usdoj.gov Hotline (contact information in English and Spanish): (800) 869-4499 Or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoi.gov/oig 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its' subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66,70. 8. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and subrecipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashed caused by distracted drivers. 9. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ccr.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 10. Prior to the expenditure of confidential funds, the recipient and any subrecipients agree to sign a certification indicating that he or she has read, understands, and agrees to abide by all of the conditions pertaining to confidential fund expenditures as set forth in the OJP Financial Guide. 11. With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member of the federal government's Senior Executive Services (SES) at an agency with a Certified SES Performance Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the amount in excess of this compensation limitation is paid with non-federal funds.) This limitation on compensation rates allowable under this award may be waived on an individual basis at the discretion of the OJP official indicated in the program announcement under which this award is made. 12. The Office of Juvenile Justice and Delinquency Prevention has elected to enter into a Cooperative Agreement rather than a grant with the recipient. This decision reflects the mutual interest of the recipient and OJJDP in the operation of the project as well as the anticipated level of Federal involvement in this project. OJJDP's participatory role in the project is as follows: a. Review and approve major work plans, including changes to such plans, and key decisions pertaining to project operations. b. Review and approve major project generated documents and materials used in the provision of project services. Provide guidance in significant project planning meetings, and participate in project sponsored training events or conferences. 13. The Project Director and key program personnel designated in the application shall be replaced only for compelling reasons. Successors to key personnel must be approved, and such approval is contingent upon submission of appropriate information, including, but not limited to, a resume. OJP will not unreasonably withhold approval. Changes in other program personnel require only notification to OJP and submission of resumes, unless other designated in the award document. 14. The recipient shall submit semiannual progress reports. Progress reports shall be submitted within 30 days after the end of the reporting periods, which are June 30 and December 31, for the life of the award. These reports will be submitted to the Office of Justice Programs, on-line through the Internet at https://grants.ojp.usdoj.gov/. 15. Within 45 days after the end of any conference, meeting, retreat, seminar, symposium, training activity, or similar event funded under this award, and the total cost of which exceeds $20,000 in award funds, the recipient must provide the program manager with the following information and itemized costs: 1) Name of event; 2) Event dates; 3) Location of event; 4) Number of federal attendees; 5) Number of non-federal attendees; 6) Costs of event space, including rooms for break-out sessions; 7) Costs of audio visual services; 8) Other equipment costs (e.g., computer fees, telephone fees); 9) Costs of printing and distribution; 10) Costs of meals provided during the event; 11) Costs of refreshments provided during the event; 12) Costs of event planner; 13) Costs of event facilitators; and 14) Any other costs associated with the event The recipient must also itemize and report any of the following attendee (including participants, presenters, speakers) costs that are paid or reimbursed with cooperative agreement funds: 1) Meals and incidental expenses (M&IE portion of per diem); 2) Lodging; 3) Transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV); and, 4) Local transportation (e.g., rental, POV) at event location. Note that if any item is paid for with registration fees, or any other non -award funding, then that portion of the expense does not need to be reported. OJP will provide further instructions regarding the submission of this data at a later time. 16. The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the OJJDP-designated site. 17. The recipient agrees to comply with the OJJDP approved ICAC Task Force Operational and Investigative Standards. 18. ICAC Annual Reports The recipient agrees to submit annual reports to OJP that set forth the following: (A) Staffing levels of the task force, including the number of investigators, prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet crimes against children. (B) Investigation and prosecution performance measures of the task force, including: (i) The number of investigations initiated related to Internet crimes against children; (ii) The number of arrests related to Internet crimes against children; (iii) The number of prosecutions for Internet crimes against children, including: (I) Whether the prosecution resulted in a conviction for such crimes; and (II) The sentence and the statutory maximum for such crime under State law. (C) The number of referrals made by the task force to the United States Attorneys office, including whether the referral was accepted by the United States Attorney. (D) Statistics that account for the disposition of investigations that do not result in arrests or prosecutions, such as referrals to other law enforcement. (E) The number of investigative technical assistance sessions that the task force provided to nonmember law enforcement agencies. (F) The number of computer forensic examinations that the task force completed. (G) The number of law enforcement agencies participating in Internet crimes against children program standards established by the task force. 19. The recipient acknowledges that the Office of Justice Programs reserves a royalty - free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with derivative works), for Federal purposes: (1) the copyright in any work developed under an award or subaward; and (2) any rights of copyright to which a recipient or subrecipient purchases ownership with Federal support. The recipient acknowledges that the Office of Justice Programs has the right to: (1) obtain, reproduce, publish, or otherwise use the data first produced under an award or subaward; and (2) authorize others to receive, reproduce, publish, or otherwise use such data for Federal purposes. It is the responsibility of the recipient (and of each subrecipient, if applicable) to ensure that this condition is included in any subaward under this award. 20. Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web -based service, including any pages that provide results or outputs for the service: "This Web site is funded [insert "in part", [if applicable] through a grant from the [insert name of OJP component], Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitations, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.