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HomeMy WebLinkAbout221-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 221-16 File Number: 2016-0611 2016 INTERNET CRIMES AGAINST CHILDREN (ICAC) GRANT AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A NON-MATCHING GRANT FROM THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM IN THE AMOUNT OF $10,000.00, AND TO APPROVE 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 authorizes acceptance of a non-matching grant from the Internet Crimes Against Children Task Force Program in the amount of $10,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing the grant revenue. PASSED and APPROVED on 12/20/2016 Attest: Sondra E. Smith, City Clerk Treasurer" 1' 1'rr;iir� "' • • lis fl °tee FAYETTEVILLE; �45�• '9,n. o`er •'L ♦r�� ���� i I ISI 4'il� \ t�� Page 1 Printed on 12121116 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 kr" Text File File Number: 2016-0611 Agenda Date: 12/20/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 4 2016 INTERNET CRIMES AGAINST CHILDREN (ICAC) GRANT AWARD: A RESOLUTION TO AUTHORIZE ACCEPTANCE OF A NON-MATCHING GRANT FROM THE INTERNET CRIMES AGAINST CHILDREN TASK FORCE PROGRAM IN THE AMOUNT OF $10,000.00, AND TO APPROVE 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 authorizes acceptance of a non-matching grant from the Internet Crimes Against Children Task Force Program in the amount of $10,000.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution, recognizing the grant revenue. City of Fayetteville, Arkansas Page 1 Printed on 1212112016 Greg Tabor Submitted By City of Fayetteville Staff Review Form 2016-0611 Legistar File ID 12/20/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 11/30/2016 Police / _ Police Department Submitted Date Division / Department Action Recommendation: Acceptance and approval of the 2016 Internet Crimes Against Children (ICAC) grant award and budget adjustment in the amount of $10,000. Budget Impact: 1010.200.2920 -various Account Number 36033-2016 Project Number General Fund Police ICAC Grant - 2016 Budgeted Item? No Current Budget Funds Obligated Current Balance Project Title Does item have a cost? No Item Cost Budget Adjustment Attached? Yes Budget Adjustment $ 10,000.00 Remaining Budget �$ _ 10,000.00 V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF Tay• l ARKANSAS TO: Mayor Lioneld Jordan and City Council FROM: Greg Tabor, Chief of Police DATE: November 30, 2016 STAFF MEMO SUBJECT: Acceptance of 2016 Internet Crimes Against Children Grant Award RECOMMENDATION: Staff recommends acceptance of the 2016 Internet Crimes Against Children (ICAC) grant award for non-matching grant funds and approval of a budget adjustment in the amount of $10,000. BACKGROUND: The Arkansas State Police (ASP) has provided periodic grant funding in support of ICAC investigative activities since 2007. Historically, Fayetteville has been very successful in obtaining ICAC funding as it becomes available. In 2013, we became a member in the multi - jurisdictional Northwest Arkansas ICAC Task Force, and assigned a full time investigator from our Special Investigation Unit to participate in the Task Force. DISCUSSION: Grant funds are an essential part of ICAC investigations due to the continuous changes in technology and digital data. ICAC investigations require intricate training, complex computer systems and digital forensic software to proactively investigate the exploitation of our children. We must continually upgrade this training, hardware, and software to maintain any technological advantage. This grant funding supplements local funds to ensure timely upgrades are available to our investigators. BUDGET/STAFF IMPACT: The expense and revenue budgets will increase in an amount equal to the grant award of $10,000. There is no staff impact associated with this grant award. Attachments: Budget Adjustment ICAC Grant Award Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Asa Hutchinson Governor ARKANSAS STATE POLICE COMMISSION Prank Guinn, Jr Chairman Paragould Dr. Lewis Shepherd Vice -Chairman Arkade phia John Allison Secretary Con,v y Bob Burns LJlk Rock )ane Dunlap Christenson Harrison Neff Basore Bella Vida Bill Benton Heber Springs 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" October 31, 2016 Fayetteville Police Department 100-A West Rock Street Fayetteville, AR 72702 Re: Subaward Notification Subaward Number: ICAC 16-03 William J. Bryant 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 under the Internet Crimes Against Children Task Force Cooperative Agreement, Grant Number 2016 MC CX K013 has been approved for the award period of November 1, 2016 through May 31, 2017. This award is subject to all administrative and financial requirements and all other special conditions outlined in your Memorandum of Understanding and Subaward Agreement. If you have questions regarding this award, please contact: Ronda Barentine Mae Humphries Grants Specialist [11' Grants Manager 501-618-8373 501-618-8583 Congratulations. We look forward to working with you. Sincerely, "-- d , (1-? William J. Bryant Enclosures: Subaward Agreement with Special Conditions Approved Subaward Budget Detail Worksheet SUBAWARDS SPECIAL CONDITIONS 2016-MC-FX-KO13 1. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by the Department of Justice (DOJ) in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this 2016 award from the Office of Justice Programs (OJP). The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this 2016 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded in 2014 or earlier years), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this 2016 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the Office of Justice Programs (OJP) website at http://oip.gov/funding/Part200UniformRequiremeiits.htm. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact ON promptly for clarification. 2. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 3. Requirements related to System for Award Management and Unique Entity Identifiers The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at http://www.sam.gov. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at http://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. Page 1 of 7 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). 4. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement" contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at http://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: Award Condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 5. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an ON award are posted on the OJP web site at http://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 6. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at http://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Page 2 of 7 7. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "2015 DOJ Grants Financial Guide") 8. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at http://ojp.gov/funding/oiptrainingguidingprinciples.htm. 9. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 10. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Part 38 of 28 C.F.R., a DOJ regulation, was amended effective May 4, 2016. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at http://www.eefr.gov/cgibin/ ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. Page 3 of 7 11. Restrictions on "lobbying" Federal funds may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification or adoption of any law, regulation, or policy, at any level of government. Should any question arise as to whether a particular use of Federal funds by a recipient (or subrecipient) would or might fall within the scope of this prohibition, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 12. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2016) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2016, are set out at http://ojp.gov/funding/Explore/FY2016- AppropriationsLawRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 13. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates 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. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Department of Justice, Investigations Division, 950 Pennsylvania Avenue, N.W. Room 4706, Washington, DC 20530; (2) e-mail to: oig.hotline@usdoj.gov; and/or (3) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at http://www.usdoj.gov/oig. Page 4 of 7 14. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this Page 5 of 7 award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 15. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 16. 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. 17. The recipient acknowledges that the Office of Justice Programs (OJP) 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) any work subject to copyright 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 OJP 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. "Data" includes data as defined in Federal Acquisition Regulation (FAR) provision 52.227-14 (Rights in Data - General). 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. The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not proceed with the agreement in question without further authorization from the ON program office. 18. The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at http://ojp.gov/fimding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. Page 6 of 7 This condition, including its reporting requirement, does not apply to an award made 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). 19. The recipient agrees to submit quarterly reports to OR that set forth the following: Prosecution performance measures of the lead task force agency and any affiliates receiving $20,000 or more in subrecipient funding per project period year, including - 1) the number of prosecutions for Internet crimes against children; 2) whether the prosecution resulted in a conviction for such crime; and 3) the sentence and the statutory maximum for such crime under State law. Page 7 of 7 APPROVED SUBWARD BUDGET FOR FAYETTEVILLE POLICE DEPARTMENT AWARD# ICAC16-03 Travel — Itemize travel expenses of ARICAC personnel by training. Describe the purpose of each travel expenditure in reference to the project objectives. Show the basis of computation (e.g., six people to 3 -day training at $X airfare, $X lodging, $X meals). Identify the location of travel, if known; or if unknown, indicate "location to be determined." For your lodging and meal computations refer to GSA: www.gsa.gov TRAINING/TUITION Computation Purpose Location ItemEstimate Numbe Numbe Number Total of Travel d Cost r of r of of Estimate Per Trips Days Traveler d Cost Person 600.00 1 s SQLite Largo,FL Airfare 3 1 600.00 Forensics (baggage) 1 342.00 Lodging 114.00 1 �3 Meals Ground 50.00 1 1 50.00 Transportati on Other _ (parking) Tuition/ 2,995.00 1 1 2,995.00 Registration Total of 3,987.00 Tri TRAINING JUSTIFICATION SQLite forensics is an increasingly vital aspect of both iOS/Android mobile device forensics and Windows/Mac computer forensics. SQLite databases are widely used by numerous platforms to store data that is often key to a successful forensic examination. We currently have no one in the NWARICAC Task Force who is well versed in SQLite forensics. The class runs Dec. 5th — 7th of 2016. Page 1 of 3 SUPPLIES - Listed are the items to be purchased. Supplies are items of tangible personal property that are not equipment. SUPPLIES COMPUTATION ITEM QUANTITY COST TOTAL COST XRY XAMN Horizon Link Analysis Software 1 835.00 835.00 EnCase Portable Computer Forensic Software 1 258.00 258.00 Blackbag Mobilyze Mobile Device Forensic Software 1 150.00 150.00 i TOTAL COST 1,243.00 SUPPLIES JUSTIFICATION XRY Horizon Link Analysis software is an add-on to the XRY mobile device forensic software we already use. Horizon gives the user the ability to "connect the dots" by analyzing as many as 100 mobile device extractions simultaneously and linking common telephone numbers, text messages, etc. in order to determine who contacted whom and the dates and times they were contacted. EnCase Portable forensic software allows for EnCase to be easily used in the field (e.g. search warrants) to more quickly preview computers for evidence and to also capture the RAM and live system data from the computer. The BlackBag Mobilyze forensic software is specifically for use in the field for quick access to and data extraction from iOS and Android mobile devices. It is an add-on to my current BlackLight software license. The price of $150.00 includes an unlimited number of software licenses so every member of the NWA ICAC Task Force could have their own version of Mobilyze. Mobilyze would replace the Lantern mobile device software which has expired and will not be renewed. Page 2 of 3 RECURRING COST — Listed recurring costs. RECURRING COST COMPUTATION ITEM QUANTITY COST TOTAL COST XRY License Renewal I year 2,995.00 2,995.00 IEF License Renewal I year 925.00 925.00 Blacklight License Renewal 1 year 850.00 850.00 TOTAL COST 4,770.00 RECURRING JUSTIFICATION The XRY forensic software was purchased for the Fayetteville ICAC affiliate through the ASP ICAC grant approximatley 4 years ago. The license renewal allows XRY to update to the most recent version and allows for technical support from MSAB, Inc. The IEF forensic software was purchased for the Fayetteville ICAC affiliate during the last budget cycle through the ASP ICAC grant. The license renewal allows IEF to update to the most recent version and allows for technical support from Magnet Forensics. The Blacklight forensic software was purchased for the Fayetteville ICAC affiliate during the last budget cycle through the ASP ICAC grant. The license renewal allows BlackLight to update to the most recent version and allows for technical support from BlackBag Technology. AGENCY CATEGORY TOTALS TRAVEL 1 3,987.00 EQUIPMENT SUPPLIES 1 1,243.00 RECURRING COSTS 14,770.00 GRAND TOTAL 1 $ 10,000 Page 3 of 3 Aeu Hutchinson Gcvhrn or State of Arkansas ARKANSAS STATE POLICE 1 State Police Plaza Drive Little Rock, Arkansas 72209-4822 www.anp.arkansas.gov M Wiliiam J. !701nt "SERVING WITH PRIDE AND DISTINCTION SINCE 1935" Director Internet Crimes Against Children Subaward Agreement Federal Award Number: 2016-MC-FX-KO13 Federal Award Date: 9/27/2016 (ICAC16) Subaward Number ICAC 16-03 is entered into between the Arkansas State Police herein after referred to as the ASP and the Recipient as indicated below. L 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 # 100036504 DUNS #(s) 075657742 Recipient Contact Name, Title, & Phone: Captain William Brown (479) 587-3500 ASP Division/Office Contact Name, Title, & Phone: Ronda Barentine, Grant Specialist (501) 618-8373 H. GRANT PERIOD: This agreement will begin on November 1, 2016 and will end on May 31, 2017 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. 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 521 COMMITMENT ITEM COST CENTER 456893 GENERAL LEDGER 5100001000 WBS INTERNAL ORDER AMOUNT FLA8402 501:00:04 F.0960.ICAC-I6-S S 10.000 Total Grant Amount: $10,000 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 subse uent month in which activities are completed and expenditures are incurred. Page 1 of 4 IV. OBJECTIVE AND SCOPE: CFDA Number 16.543 Title of Grant OJJDP- Internet Crimes Against Children Arkansas Task Force Grant Status: ® Discretionary ❑ Discretionary, but exempt ❑ Non -Discretionary If Discretionary but exempt, indicate reason for exemption Purpose of Grant: To enhance investigative and forensic efforts in support of the Arkansas Internet Crimes Against Children (ICAC) 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 signed by all parties. Attachment No. Approved Budget Worksheet Special Conditions 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 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 Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. Sub grantee is required to notify Arkansas State Police of any violations to the above. 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 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. Page 2 of 4 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 ones. 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 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 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 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. Page 3 of 4 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: A. SIGNATURES: a®- 9nature o eci ent Authorized Representative Date ,gel A M ajan MA 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 Signature of AS uthori Representative bate Printed Name of ASP Authoriz1 Representative Title Program Agency: Arkansas State Police (ASP) Program Contact Person: Ronda Barentine Fiscal Contact Person: John Tidwell Phone: (501)618-8373 Phone: (501) 618-8335 Page 4 of 4 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division /0rg2; POLICE (200) 2016 Adjustment Number Requestor: W. Newman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: Establish a revenue and expense budget to the 2016 Internet Crimes Against Children (ICAC) grant award. \\fpd\dfs\user\Admin\jcohea\ICAC - Grants\2016\Award\BA- 2016 ICAC Grant Award 1 of 1 COUNCIL DATE: 12/20/2016 LEGISTAR FILE ID#: 2016-0611 Budget Director Date TYPE: DESCRIPTION: GLDATE: RESOLUTION/ORDINANCE POSTED: / v.20161021 TOTAL 10,000 10,000 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub AT Account Name 1010.200.2920-4302.01 10,000 36033 2016 RE "State Grants - Operational 1010.200.2920-5209.00 1,243 - 36033 2016 EX Software - : 1010.200.2920-5304.00 3,987 - 36033 2016 EX Travel & Training - 1010.200.2920-5416.00 4,770 - 36033 2016 EX Software - Maintenance \\fpd\dfs\user\Admin\jcohea\ICAC - Grants\2016\Award\BA- 2016 ICAC Grant Award 1 of 1