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HomeMy WebLinkAboutResolution - 2014-R0125 - Interlocal Agreement- City Of Dallas- Internet Crimes Against Children Taskforce - 04/10/2014RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Interlocal Agreement by and between the City of Lubbock and the City of Dallas, Texas, regarding the Dallas Internet Crimes Against Children Task Force. Said Agreement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 10th day of April '2014. GLEN BE SON, MAYOR ATTEST: ;pecca Garza, City ROVED AS TO CONTENT: r. 1s, vonce Lnte OVED AS TO FORM: City Attorney i A. -mint -City of Dallas & LPD.res 2.26.14 APPROVED AS TO CONTENT: Roger lis, Police Chief APPROVED AS TO FORM: Amy �.5gLst_aaeCity Attorney Interlocal Agrmnt 2013-2014 ICAC MOU Lubbock PD 2.26.14 Resolution No. 2014-RO125 INTERLOCAL AGREEMENT CITY OF DALLAS AND THE CITY OF LUBBOCK 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 City of Lubbock through 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 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 Dallas Internet Crimes Against Children Task Force; and WHEREAS, the City of Dallas, for its Police Department, has applied for and received from DOJ a grant to target child solicitation and child pornography over the Internet in the State of Texas, the grant period runs from July 1, 2013 through June 30, 2014; and WHEREAS, the grant is entitled Internet Crimes Against Children (Grant Number 2013 -MC - FX -K036), 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: 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. S. 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. 2 7. Allow the Internet Crimes Against Children Grant Manager or his designate to make one or more on-site visits for the purpose of assessing the compliance of the 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 twenty thousand dollars ($20,000.00). 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 June 30, 2014. 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. A.F. Diorio Dallas Police Department 1400 South Lamar Street, Room 3N061 Dallas, Texas 75215-1815 During the performance of this Interlocal Agreement, the Lubbock Police Department agrees to the following: 1. 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 July 1, 2013 through June 30, 2014. 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. kyj 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: Copy to: David O. Brown A.C. Gonzalez Chief of Police City Manager Dallas Police Department City of Dallas 1400 South Lamar Street City Hall, Room 4/E/N Dallas, Texas 75215 1500 Marilla Street Dallas, Texas 75201 If intended for the Lubbock Police Department, to: Copy to: Roger Ellis James Loomis Chief of Police City Manager Lubbock Police Department City of Lubbock 916 Texas Avenue P.O. Box 2000 Lubbock, Texas 79401 Lubbock, Texas 79401 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. 4 VII. 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. VIII. 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 10th day of April '2014, by the CITY, by and through its duly authorized officials pursuant to City Council Resolution No. 2014-RO125 , and by the City of Lubbock Police Department by and through its duly authorized officials. However, the effective date of this Agreement is July 1, 2013. Recommended By: David O. Brown Chief of Police APPROVED AS TO FORM WARREN M.S. ERNST City Attom t By: Assistant Vity Attor e ATTEST: 'ffeb cca Garza, City Secr ry CITY OF DALLAS A.C. GONZALEZ City Manager By:�� sislant City Manager APPROVED AS TO CONTENT: Roger Ellis, Police Chief APPROVED AS TO FORM: Amy L. st City Attorney Interlocal Agrmnt 2013-2014 ICAC MOU Lubbock PD 2.26.14