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HomeMy WebLinkAbout09991ORDINANCE NO. 9991 AN ORDNANCE APPROVING AND ACCEPTING AN INTERNET CRIMES AGAINST CHILDREN (ICAC) GRANT, AS A SUBRECIPIENT UNDER GRANT AWARD NO. 2018-MC-FX- K027, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NO. PS2107, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $6,795, AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City Council of Pueblo has the authority on behalf of the City of Pueblo, including its Police Department, to accept funding from the Internet Crimes Against Children (ICAC); and WHEREAS, the Internet Crimes Against Children (ICAC) has tendered $6,795.00 for training courses being awarded to the Pueblo Police Department; and WHEREAS, acceptance of the funding for the purposes for which it has been made is in the best interest of the City and will benefit the health, welfare, and safety of the citizens of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Grant Award for the Internet Crimes Against Children (ICAC) to the City of Pueblo, Pueblo Police Department, a true copy of which is attached hereto, is hereby approved and accepted in accordance with its terms and conditions. SECTION 2. The Mayor of the City is authorized to execute the Grant Award acceptance in the name of and on behalf of the City, and the Mayor is authorized to execute any and all other documents associated therewith. SECTION 3. Project Number PS2107 (ICAC) is hereby established, and the amount of $6,795.00 is budgeted and appropriated therefore. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance and the attached award to implement the policies and procedures described herein. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on August 9, 2021 . Final adoption of Ordinance by City Council on August 23, 2021 . President of City Council Action by the Mayor: ☒ Approved on August 24, 2021 . □ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-6 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: August 9, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Chris Noeller, Chief of Police SUBJECT: AN ORDNANCE APPROVING AND ACCEPTING AN INTERNET CRIMES AGAINST CHILDREN (ICAC) GRANT, AS A SUBRECIPIENT UNDER GRANT AWARD NO. 2018-MC-FX-K027, AND APPLICABLE CONDITIONS PERTAINING THERETO, ESTABLISHING PROJECT NO. PS2107, BUDGETING AND APPROPRIATING FUNDS NOT TO EXCEED $6,795, AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: Attached is the Statement of Award and Award No. 2018-MC-FX-K027. It includes pages 5-25 which are the Award’s Special Conditions. PREVIOUS COUNCIL ACTION: City Council has previously approved Resolutions accepting Internet Crimes Against Children Grants. On November 1, 2016, the Police Department was awarded $3,025.00 in funds for two forensic workstations associated with Internet Crimes Against Children. Acceptance of those funds was approved by Resolution No. 13579 BACKGROUND: Internet Crimes Against Children has informed the Pueblo Police Department that funds are available for two separate trainings. The first course is a Certified Digital Forensic Examiner course. The second is a bundle training through Cellebrite. The bundle consists of the Cellebrite Mobile Forensics Fundamentals, the Cellebrite Certified Operator and the Cellebrite Certified Physical Analyst. Both of these courses are online with no additional expenses expected. FINANCIAL IMPLICATIONS: This grant will require staff time for ICAC training. There will be no match required for this grant funding. Certified Digital Forensic Examiner course: $2,500.00 Cellebrite CMFF + CCO + CCPA bundle: $4,295.00 Total $6,795.00 BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: There is no stakeholder process required for this grant. ALTERNATIVES: Decline the ICAC Grant offer. RECOMMENDATION: Approval of the Ordinance. Attachments: ICAC statement of Award Statement of Award Subrecipient Name: Pueblo Police Department Subrecipient DUNS#: 556467256 Subaward Period of Performance: November 20,2019-September 30, 2021 Total Amount of Federal Funds Awarded to Subrecipient: $6,795 Subrecipient Project Director: Detective Alex Hovet Subrecipient Project Director Address: 200 S. Main Street, Pueblo,CO 81003 Approved Budget Detail and Financial Reporting as of June 30.2021 Loveland Police Department Detail ay Amount Awarded ----------- 5upplies: Cellebrite triple bundle $4,295 Registration: Certified Digital Forensics Examiner course $2,500 Tota All travel award amounts are"not-to-exceed"amounts Award: per category(airfare,lodging etc.). Subrecipient is expected to follow its established travel policy. In the absence of an established travel policy,the organization must comply with Federal Travel regulations. Financial Reporting Requirements 1. Financial activities must be made in accordance with the approved budget included in this document,which supersedes any earlier budget request submitted,and which may be different from the budget originally submitted in your application.Subrecipients must secure prior written approval from the CSPD Internet Crimes Against Children Program Coordinator if there is a requested change in any budget item.Failure to seek approval may result in denial of reimbursement. 2. The subrecipient agrees to annually submit one copy of the subrecipient's most recent A-133 audit or financial review to the CSPD Internet Crimes Against Children Program Coordinator,including any management and other auditor comments. 3. The subrecipient agrees to submit quarterly requests for reimbursement no later than 15 days following the end of a calendar quarter.All expenditures must be supported by appropriate documentation.Only actual,approved, allowable expenditures will be permitted. 4. The subrecipient agrees to submit the final reimbursement request no later than 30 days prior to the grant end date.Submission must include the appropriate reimbursement documentation and completed Reimbursement Request form no later than August 31.2021.Any requests made after this date will not be eligible for reimbursement. 5. The subrecipient certifies Federal funds made available under this award will not be used to supplant State or Local funds;and where there is a reduced or unchanged local investment,the subrecipient shall give a written explanation demonstrating the subrecipients reduced or unchanged commitments would have been necessitated even if Federal financial support under this Federal program had not been made available. Performance Measure/Data Reporting P rfQrjn Measure Data Provided Percentage increase in arrests Number of ICAC-related arrests made Percentage increase in staff dedicated to investigating Number of investigators and prosecutors dedicated to and rosecutin: Internet crimes against children investi.ating Internet crimes against children Percentage increase in investigations that led to an Number of investigations initiated for Internet crimes arrest or conviction a:ainst children Percentage increase in prosecutions Number of prosecutions for Internet crimes against children Percentage increase in computer forensic examinations Number of computer forensic examinations completed completed by the Task Force b the Task Force Percentage increase in investigative technical assistance Number of investigative technical assistance sessions sessions I rovided I rovided by the Task Force Number of law enforcement agencies participating in the Number of agencies that sign a Memorandum of ICAC Program standards Understanding certifying compliance with ICAC Program standards ICAC-related professional trainings Number of ICAC-related trainings provided with number of attendees Community Outreach Number of community presentations or educational worksho s held along with number of attendees Programmatic Reporting Requirements 1. The subrecipient agrees to submit required performance metrics and reports via the OJJDP Portal no later than 10 days following the end of each month. Required data that is not captured by the OJJDP Portal shall be submitted to the Internet Crimes Against Children Program Coordinator no later than 10 days following the end of each month. Risk Assessment Checklist Requirements Please provide the CSPD Program Coordinator with the following documents within 90 days of acceptance: • A-133 Audit If your agency does not have one or more of these policies,please provide a brief explanation as to why that particular policy does not exist your agency may receive further direction from the ICAC Program Coordinator after reviewing your agency's policies. Examples of policies will be provided upon request. Other Reporting Requirements 1. Multipart Document and Additional Requirements a. The subrecipient affirms this agreement consists of a multipart document:the award letter, Statement of Award page,and federal award document with associated special conditions. b. The subrecipient agrees to comply with all requirements,conditions,and regulations as detailed in the enclosed federal award and subrecipient award documents. c. 'The authorized official must initial each page of this multipart document and sign the Statement of Award indicating understanding and acceptance of all requirements,conditions,and regulations. 2. The subrecipient agrees to promptly notify the CSPD of any changes in the authorized official,ICAC supervisors, ICAC Investigators/Detectives,or finance department contact. 3. In the event a federal or state court or federal or state administrative agency makes an adverse finding of discrimination after a due process hearing,on the grounds of race,color,religion,national origin,or sex,the subrecipient agrees to submit a copy of the findings to the CSPD that will be forwarded to the Office for Civil Rights(OCR) for review. RETURN: 3 A signed copy of the Statement of Award shall be returned to Tricia Lykes-Patricia.lykes@coloradosprings.gov. After all signatures are obtained,a copy will he returned to the subrecipient. The parties hereto have executed this binding subaward. Persons signing for subrecipient hereby swear and affirm that they are authorized to act on subrecipient's behalf and acknowledge that the Colorado Springs Police Department is relying on their representations to that effect. This award may be executed in two or more counterparts,each of which together shall be deemed an original,but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by e-mail delivery as a scanned",pdf"format data file,such signature shall create a valid and binding obligation of the party executing with the same force and effect as if such facsimile or".pdf"signature page were art original thereof. SUBRECIPIENT: COLORADO SPRINGS POLICE DEPARTMENT: G3-t y o i~ P u E.3 r~D V44.,...44.44/ VSO �'NS4NDLAS_._ _&_R9_I) ,S A_ ___ 35T Legal Name of Subrecipient Vincent Niski,Chief of Police Authorized Official Date Signed a Date igne 4