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HomeMy WebLinkAboutResolution - 2023-R0107 - Interlocal Agreement with City of Dallas for Internet Crimes Against Children GrantResolution No. 2023-R0107 Item No. 5.20 February 28, 2023 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock and its Police Department, an Interlocal Agreement with the City of Dallas, with an original term of October 1, 2022 to September 30, 2023, regarding the Dallas Internet Crimes Against Children Task Force, and related documents, and to accept $12,000.00 in grant funding to be used in accordance with the terms of the Interlocal Agreement. Said Interlocal Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on this T ATTEST: Re cca G za, City Secretary APPROVED AS TO CONTENT: Floyd Alichell, Chef of Police APPROVED AS TO FORM: Ryan fooke, Senior Assistant City Attorney RES.Interlocal Agreement Dallas ICAC-2022-2023.doc 2.7.23 February 28, 2023 Resolution No. 2023-R0107 INTERLOCAL AGREEMENT CITY OF DALLAS AND THE LUBBOCK POLICE DEPARTMENT STATE OF TEXAS COUNTY OF DALLAS This INTERLOCAL AGREEMENT is made and entered into by and between the City of Dallas, hereinafter called "City" and the Lubbock Police Department, Texas, hereinafter called "Lubbock Police Department." WITNESSETH: WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code, provides authorization for any local government to contract with one or more local governments and with agencies of the State of Texas to perform governmental functions and services under the terms of this act; and WHEREAS, the Internet Crimes Against Children (ICAC) Task Force is a grant program funded under an award by the United States Department of Justice, hereinafter called "DOJ" through their Office of Juvenile Justice and Delinquency Prevention, hereinafter called "OJJDP" under the Federal Missing and Exploited Children's Program; and WHEREAS, City and the Lubbock Police Department desire to enter into an agreement regarding the North Texas (Dallas) Internet Crimes Against Children Task Force; and WHEREAS, the City of Dallas, for its Police Department, has applied for and received from the DOJ a grant to target child solicitation and child pornography over the Internet in the State of Texas, the grant period runs from October 1, 2022 through September 30, 2023; and WHEREAS, the grant is entitled Internet Crimes Against Children Grant (Grant Number 15PJDP- 22-GK-04883-MECP), hereinafter called "Project", and WHEREAS, the Dallas Police Department has asked the Lubbock Police Department to participate in fulfilling the purpose of the grant. NOW THEREFORE, THIS INTERLOCAL AGREEMENT is hereby made and entered into by City and the Lubbock Police Department for the mutual consideration stated herein: I. For the consideration hereinafter agreed to the Lubbock Police Department undertakes, covenants and agrees to: 1. Provide staff and resources to prosecute Internet crimes against children within its jurisdiction so as to assist the Internet Crimes Against Children Grant Project in achieving its goals. 2. Accept criminal case referrals for prosecution as appropriate that may be forwarded from the Dallas Police Department. 3. On a quarterly basis provide the Dallas Police Department with an activity report describing cases prosecuted by personnel funded by this Grant. 4. Maintain documentation of all partial salary and overtime expenditures which are to be reimbursed by the Internet Crimes Against Children Grant. This documentation will include the name and title of the person earning the salary or overtime, the date(s) worked, the number of hours worked, the exact payment amount to be charged to the Grant, the employee's hourly and overtime pay rate as appropriate, and a brief explanation of the activity undertaken to earn the salary or overtime. This expenditure report must carry an original signature of a Lubbock Police Department official and be supported by departmental payroll records which correspond to the salary or overtime payments. This salary and overtime expenditure report and support documentation will be submitted to the Dallas Police Department at the time reimbursement is requested. 5. Maintain documentation of all travel and training expenditures which are to be reimbursed by the Internet Crimes Against Children Grant. This documentation will include the name and title of the person travelling or receiving training, the dates and location of travel or training, the exact payment amount to be charged to the Grant, and a brief explanation of the purpose of the travel or training. This expenditure report must carry the signature of a Lubbock Police Department official and be supported by receipts, invoices, or other appropriate documentation. This travel and training expenditure report and support documentation will be submitted to the Dallas Police Department at the time reimbursement is requested. 6. Maintain an up-to-date and itemized inventory list of all supplies, equipment, or services purchased by the Lubbock Police Department with funds from the Internet Crimes Against Children Grant. Inventory list entries of major hardware items such as computers, monitors, printers, FAX machines, and the like must also include the brand name and model, serial number, the Lubbock Police Department's property inventory tag number assigned to the specific item, and the current physical location of the property. This inventory list must be supported by receipts, invoices, or other appropriate documentation. The inventory list will be submitted to the Dallas Police Department when requested. 7. Allow the Internet Crimes Against Children Grant Manager or his/her designate to make one or more on -site visits for the purpose of assessing the compliance of the 2 Lubbock Police Department with the provisions of this Interlocal Agreement and the provisions of Circular A-133 issued by the United States Office of Management and Budget regarding audits of states, local governments, and non-profit organizations. 8. When requested, provide the Dallas Police Department with a copy of the Lubbock Police Department's most recent Single Audit Report and, if appropriate, a written statement describing any necessary corrective action identified in that Audit Report. II. As consideration for the services contracted for herein, the City agrees to reimburse the Lubbock Police Department a sum not to exceed twelve thousand dollars ($12,000.00). This sum is to reimburse the Lubbock Police Department for expenses incurred for partial salary of a grant - sponsored position, overtime, training, travel, and/or equipment as deemed necessary and appropriate by the Lubbock Police Department for its operations to combat Internet -related crimes against children. The Lubbock Police Department may invoice the City for reimbursement of expenses under the terms of this agreement up to six times, but no reimbursement request will be accepted after September 30, 2023. Reimbursement for allowable expenses incurred shall be made by the Dallas Police Department to the Lubbock Police Department as quickly as possible after receipt of invoices detailing the expenses to be reimbursed. Reimbursement requests, with all supporting documentation, shall be mailed to: Lt. Cyrus Zafrani Dallas Police Department 1400 Botham Jean Street Dallas, Texas 75215-1815 The Contract amount may increase if, in the future, additional funds become available to grant to LUBBOCK POLICE DEPARTMENT. If additional funds are available in the future to grant to LUBBOCK POLICE DEPARTMENT, CITY will give written notice and LUBBOCK POLICE DEPARTMENT may accept or reject the additional funds by giving written notice of the intent to the CITY. During the performance of this Interlocal Agreement, the Lubbock Police Department agrees to the following: It will, to the extent permitted by law, accept liability, under the Worker's Compensation Act, in the event personal injuries occur to its employee(s) while engaged in Project activities. 2. It shall, to the extent permitted by law and during the entire time of participation, maintain sufficient insurance to cover its obligation and liability for its employee(s). This will include, but is not limited to, coverage of the employee and vehicle, while operating a vehicle, where applicable. 3. It may, in lieu of purchasing liability insurance, elect to be self -insured but will be responsible for all risks of loss and actual loss as specified herein. 4. Any and all equipment and supplies purchased with Grant funds by the Lubbock Police Department will remain property of the Lubbock Police Department. IV. The term of this Agreement shall be from October 1, 2022 through September 30, 2023. This Agreement may be extended by mutual agreement of the parties hereto, or terminated by either party upon thirty (30) days prior written notice thereof to the other of its intention to terminate upon the date specified in such notice. If at which time during the grant period, the City of Dallas receives an extension to the original grant, the Contract may be extended further by CITY giving LUBBOCK POLICE DEPARTMENT written notice of new term. V. Any notice, payment, statement, or demand required or permitted to be given hereunder by either party to the other may be affected by personal delivery in writing or by mail, postage prepaid. Mailed notices shall be addressed to the parties at the addresses appearing below, but each party may change its address by written notice in accordance with this section. Mailed notices shall be deemed communicated as of three days after mailing. If intended for City, to: Eddie Garcia Chief of Police Dallas Police Department 1400 Botham Jean Boulevard Dallas, Texas 75215 If intended for the Lubbock Police Department, to: Floyd Mitchell Chief of Police 916 Texas Ave. Lubbock, TX 79401 4 Copy to: T.C. Broadnax City Manager City of Dallas City Hall, Room 4/E/N 1500 Marilla Street Dallas, Texas 75201 221803 VI. This Agreement may be amended by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. Va. In case any one or more of the provisions contained in this Agreement shall be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this agreement, which is not contained herein, shall be valid or binding. EXECUTED this 28th day of February , 2023, by the CITY, by and through its duly authorized officials pursuant to City Council Resolution No. 22-1803, and by the Lubbock Police Department by and through its duly authorized officials. However, the effective date of this Agreement is October 1, 2022. Recommended B Eddie G Chief of Police APPROVED AS TO FORM Christopher J. Caso City Attorney By: Assistant City Attorney OAK APPROVED AS TO FORM City Attorney By. J Assfitant City Attorney fir.' ,S..A CITY OF DALLAS T. C. Broadnax City Manager 4aa n ___ By: Jon Fort ne Na, 10, 2023 08!22 CST Assistant City Manager CITY OF LUBBOCK City Manager By:���� City Manager 21803 December 14, 2022 WHEREAS, the City of Dallas applies for grant funds available from the U.S. Department of Justice to aid missing and exploited children; and WHEREAS, the services of the Dallas County District Attorney's Office, Tarrant County District Attorney's Office, Collin County District Attorney's Office. Collin County Sheriff's Office, Tarrant County Sheriffs Office, Denton County Sheriffs Office, Grayson County Sheriffs Office, Henderson County Sheriff's Office, Abilene Police Department, Amarillo Police Department, Arlington Police Department, Fort Worth Police Department, Frisco Police Department, Garland Police Department, Grand Prairie Police Department, Henderson Police Department, Irving Police Department, Lamar Police Department, Longview Police Department, Lubbock Police Department, Mesquite Police Department, Texarkana Police Department, Wichita Falls Police Department, Wylie Police Department, and the Dallas Children's Advocacy Center are approved by the execution of cooperative working agreements; and WHEREAS, the Internet Crimes Against Children Grant for the period October 1, 2022 through September 30, 2023, Grant No. 15PJDP-22-GK-04883-MECP was awarded to the City of Dallas; and WHEREAS, execution of the cooperative working agreements with various Police Departments, District Attorney's Offices, Sheriff Offices, and the Dallas Children's Advocacy Center per the attached Schedule B they must be authorized by the Dallas City Council. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Manager is hereby authorized to execute cooperative working agreements through the 2022-2023 Internet Crimes Against Children Grant with various Police Departments, District Attorney Offices, Sheriff Offices, and the Dallas Children's Advocacy Center for the period October 1, 2022 through September 30, 2023 as requested for the investigation, prosecution, education, and counseling activities related to the Dallas Internet Crimes Against Children Task Force response to Internet related sexual exploitation of children, approved as to form by the City Attorney. SECTION 2. That the Purchasing Agent is authorized, upon appropriate request and documented need by a user department, to issue a purchase order for approved grant related expenses. SECTION 3. That the Chief Financial Officer is hereby authorized to disburse funds in an amount not to exceed $245,000.00 from the DOJ-Internet Crimes Against Children Grant 22-23 Fund, Fund F728, Department DPD, Unit 329C, Object 3099, Master Agreement Service Contract No. MASC- DPD-2023-00020680, per the attached Schedule B. 221803 December 14, 2022 SECTION 4. That this contract is designated as Contract No. DPD-2023-00020680. SECTION 5. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED BY CITY COUNCIL DEC 14 2022 T If t ARY SCHEDULE 8 Federal • Internet Crimes Against Children Continuation Omni Pund 11729. Unit 329C Agency 20222.23 AllotaosAbilene Fund Dept Unit OD( Meslaf Agreement Number Commooily Vendor No Police rlment $7.00000 F728 DPD 329C 3099 MASC - DPD-2023.00=00 95217 VC16266 Amarillo Poke Department $10 000 F72 OPO 329C 3099 MASC - DPD•2023-00020860 93217 520020 Arlington Police rtmem 517.00000 F728 DPD 329C 30" MASC OPO.2023-0r1020580 95217 520488 Cdhi Car District Alto s Office - New 510.000 00 F728 DPD 329C 3099 MASC - DPD-2023-OD020680 95217 in Collin Ca SheriMs ice f6.000.00 F726 DPD 328C 3099 MASC DPa2023-00020680 96217 VC0000008139 Dallas Chitdran's Center S Is f41 000 00 F728 DPD 329C 3009 MASC - DPD-2023-00020880 95217 VC16266 Dallas Court District Attome 's 016ee .310 000 00 F728 DPO 329C 3099 MASC OPO-2023.00020680 95217 263554 Denton County SherM's Office - New Agency 5 000 00 F728 DPD 329C 3099 MASC OPDIM,00020650 93217 Fort Worth Pollee De artment S17.000 00 F728 DPO 329C 3099 MASC - DPD-2023-00020580 95217 VC16273 Frisco Pollee DOSAMOrd - New Agency .510001000 F72a DPD 329C 3099 MASC DPD•2023-ON20630 95217 Gwtwb6 Polies popartimso $12 000 00 F728 DPD 329C 30" MASC - DPD-2023-00020680 95217 2N175 Grand Prairie Police Depaii,writ f10.000.00 F728 DPD 329C 3099 MASC. DPD-2023-00020M 95217 2$5147 Grayson County ShentrsOf6ce-New Age 5500000 F728 DPD 329C 3099 MASC DPD-2020-MI1926 95217 Henderson Cou 5her01's offive, 56.000.911 F728 DPD 329C 3090 MASC DP0-202340020000 1 95217 V50000004799 Department - New 312 OW 00 F728 DPD 3M 3099 MASC OPD•2023.00020680 95211 vPeke ow Police DO rinreni $12 000.00 F728 DPD 329C 3099 f.1ASC - DPD-2023.00020680 95217 Siam Lubbock Police De ent $12 ODD 00 F728 DPD 329C 3099 MASC DPD-2023.00MBO 95217 VfA000009161 lie Police De - Naw Agency 310 000 00 F728 DPD 329C 3099 IMASC - DPD-2023-00020580 95217 riding Tanan( Qwjmy Orsbkt Attome s Ofte $10 000 00 F728 DPD 329C 3099 MASC - r7PD-2023-0002068D 95217 331260 Tarrant County ShenRS Orrice 3600000 F728 DPD 329C 30" MASC DPD-2023.=20680 252 . V00000006114 Texaikana Police Department - New Agency 35 0W 00 F728 DPD 329C 3099 MASC • DPO.20234MM80 95217 'pending Wichfa Fags Police DO eM $7 OW 00 F728 DPD 329C 3099 MASC DPD-20234MM660 95217 VC0000008139 Police Deparliniewit - New Agency IS5 000 DD F726 I DPD 329C 3099 MAS. DPD-2023-00020680 95217 nA' Grad Total f2481000 00 •Thm schedule Is not limited to the agencies listed