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HomeMy WebLinkAboutResolution - 2012-R0234 - Supplement To Interlocal Agreement - City Of Dallas - ICACTF Investigation - 06/07/2012Resolution No. 2012--80234 June 7, 2012 Item No. 5.1.3 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF TIIE 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, a Supplemental #1 to an Interlocal Agreement by and between the City of Dallas, Texas for the Internet Crimes Against Children Task Force Investigation, and related documents. Said Supplemental 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 .Tune 7 2012. GL ®R04LTSON, MAYOR ATTEST: Reber a Garza, City Secietar APPItOVF.D AS TO CONTENT: RogeFEllis, Police Chief APPROVED AS TO FORM: r Amy A t City Attorney Supplement 1, ]nterlocal Agnnnt.res i. 16.12 Resolution No. 2012-RO234 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 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 Pm DOJ a grant to target child solicitation and child pornography over the Internet in the of Texas, the grant period runs from , , and April 1, 3b1J t6rov4i ��ti 31, dD13 x Ob x b?b WHEREAS, the grant is entitled Internet Crimes Against Children (Grant Number 2010 -MC - CX -K037), 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: 1 Resolution No. 2012-RO234 STATE OF TEXAS § SUPPLEMENTAL AGREEMENT NO. 1 TO THE § INTERLOCAL AGREEMENT BETWEEN CITY OF § DALLAS AND CITY OF LUBBOCK POLICE COUNTY OF DALLAS § DEPARTMENT, TEXAS THIS SUPPLEMENTAL AGREEMENT NO. 1 to that certain INTERLOCAL AGREEMENT BETWEEN CITY OF DALLAS AND CITY OF LUBBOCK POLICE DEPARTMENT executed by the City Manager under the authority of Resolution No. 11-2835, adopted by the City Council on October 26, 2011, ("the Contract"), by and between the CITY OF DALLAS, TEXAS, a Texas municipal corporation, hereinafter called "CITY", and CITY OF LUBBOCK POLICE DEPARTMENT, a Texas municipal corporation, hereinafter called "LUBBOCK POLICE DEPARTMENT", evidences the following: 1. The contract is amended as follows: The amount of the grant is amended to add an amount not to exceed $16,000, from $5000 to $21,000. 2. All other terms, provisions, conditions, and obligations of the Contract between the CITY and LUBBOCK POLICE DEPARTMENT shall remain in full force and effect, and said Contract, as same may have been previously amended, and this Supplemental Agreement No. 1 shall be construed together as a single contractual agreement. 70(2-- EXECUTED 0r�EXECUTED this the day of26°3?', by CITY, signing by and through its City Manager, duly authorized to execute same by Resolution No. 11-2835, approved on October 26, 2011, and by LUBBOCK POLICE DEPARTMENT, acting through its duly authorized official. R:�76&12 ended By: t-� David O. Brown, Chief of Police APPROVED AS TO FORM: THOMAS P. PERKINS, JR. City Attorney 1 BY Assistant Cit Atto LUBBOCK POLICE DEPARTMENT: Rvc tS�LtS, Chief of P ice BYk1it---L Authorized Officer CITY OF DALLAS M S Ci B A s' tant City Manager Lee Ann Dumbauld, City Manager BY CA2 Authorized Officer I. For the consideration hereinafter agreed to the Lubbock Police Department undertakes, covenants, and agrees to: 1. Provide staff and resources to investigate Internet crimes against children within its jurisdiction so as to assist the Internet Crimes Against Children Grant Project in achieving its goals. 2. Accept for investigation Cybertips or other criminal case referrals as may be forwarded from the Dallas Police Department and to adhere to the policies and procedures in the national ICAC Operational and Investigative Standards. 3. On a quarterly basis provide the Dallas Police Department with an activity report describing cases investigated by the Lubbock Police Department. 4. Maintain documentation of all 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 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 overtime. This expenditure report must carry the signature of a Lubbock Police Department official and be supported by departmental payroll records which correspond to the overtime payments. This 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. 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. When requested, provide the Dallas Police Department with a copy of the City of Lubbock'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 five thousand dollars ($5,000). This sum is to reimburse the Lubbock Police Department for expenses incurred for 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 four times, but no reimbursement request will be accepted after April 30, 2011. 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. C. L. Williams Dallas Police Department 1400 South Lamar Street, Room 3NO61 Dallas, Texas 75215-1815 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. '3 -1 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 April 1, 2010 through March 31, 2011. 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. 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. Marled 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 0. Brown Mary K. Suhm Chief of Police City Manager Dallas Police Department City of Dallas 1400 South Lamar Street 1500 Marilla Street Dallas, Texas 75215 Dallas, Texas 75201 If intended for the City of Lubbock, to: Copy to: Dale Holton Lee Ann Dumbauld 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. 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 4 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 .3 day of Zo�k%kar , 20 It, by the City of Dallas, by and through its duly authorized officials pursuant to C y Council Resolution No. t o gL5Q 10 , and by the Lubbock Police Department by and through its duly authorized officials. However, the effective date of this Agreement is April 1, 2010. CITY OF LUBBOCK Lee Ann Dumbauld, City Manager By: ity Manager Approved as to Form: Sam Medina City Attorney y� City Attorne CITY OF DALLAS Mary K. Suhm, City Manager By: an S. "�-3 E—�— Evans First Assistant City Manager Approved as to Form: Thomas P. Perkins, Jr. City Attorney By: Assistant City Att cy CITY OF LUBBOCK Tom Martin, Mayor ATTEST: Rebe a Garza, City Secretary APPROVED AS TO CONTENT: Dale olton, Chief of Police APPROVED AS TO FORM: Amy Sims, Assistant City Attorney Resolution No. 2012-RO234 COUNCIL CHAMBER 02590 October 13, 2010 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, Potter County District Attorney's Office, Collin County Sheriff's Office, Lubbock Police Department , Arlington Police Department , Garland Police Department , Longview Police Department, Fox Valley/Internet Crimes Training and Technical Assistance Program in , and Dallas Children's Advocacy Center are approved by the execution of Cooperative Working Agreements, and the Fox Valley Technical College sponsor of the Internet Crimes Against Children training session; and WHEREAS, the 2010 Internet Crimes Against Children Continuation Grant supplement No. 2010 -MC -CX -K037, was awarded to the City of Dallas on July 28, 2010; and WHEREAS, the 2010 Internet Crimes Against Children Continuation Grant supplement No. 2010-MC-CX-KO37 was accepted and appropriations and expenditures were authorized by the Dallas City Council on October 13, 2010; and WHEREAS, execution of the Internet Crimes Cooperative Working Agreements with the Dallas County District Attorney's Office, Tarrant County District Attorney's Office, Potter County District Attorney's Office, Collin County Sheriffs Office, Lubbock Police Department , Arlington Police Department, Garland Police Department , Longview Police Department, Fox Valley/Internet Crimes Training and Technical Assistance Program in, and Dallas Children's Advocacy Center training_ session, 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 be and is hereby authorized to enter into the respective Internet Crimes Cooperative Working Agreements with the Dallas County District Attorney's Office, Tarrant County District Attorney's Office, Potter County District Attorney's Office, Collin County Sheriffs Office, Lubbock Police Department, Arlington Police Department, Garland Police Department, Longview Police Department, Fox Valley/Internet Crimes Training and Technical Assistance Program, and Dallas Children's Advocacy Center training sessions. Section 2. That the City Controller is hereby authorized to pay: An amount not the exceed $14,000 from Fund F411, Department DPD, Unit 2728, Object 3099, and Encumbrance Number PX2728CR11A01, Commodity 95217, Vendor Number 014003 (Dallas County District Attorneys Office); COUNCIL CHAMBER 59 October 13, 2010 Section 2. (Continued) An amount not to exceed $11,500 from Fund F411, Department DPD, Unit 2728. Object 3099, and Encumbrance Number PX2728CR1 1 A02, Commodity 95217, Vendor Number 331260 (Tarrant: County District Attorney's Office); An amount not to exceed $5,000 from Fund F411. Department DPD, Unit 2728. Object 3099, and Encumbrance Number PX2728CR11A03, Commodity 95217, Vendor Number VC0000001926 (Potter County District Attorney's Office); An amount not to exceed $7,500 from Fund F411, Department DPD, Unit 2728. Object 3099, and Encumbrance Number PX2728CR11A04, Commodity 95217, Vendor Number VS0000014264 (Collin County Sheriff's Department); An amount not to exceed $5,000 from Fund F411, Department DP'D, Unit 2728. Object 3099, and Encumbrance Number PX2728CR11 A06, Commodity 95217, Vendor Number VC0000009161 (Lubbock Police Department); An amount not to exceed $10,000 from Fund F411, Department DPD, Unit 2728. Object 3099, and Encumbrance Number PX2728CR11A07, Commodity 95217, Vendor Number 520488 (Arlington Police Department); An amount not to exceed $7,000 from Fund F411, Department DPD, Unit 2728. Object 3099, and Encumbrance Number PX2728CR11A08, Commodity 95217, Vendor Number 268175 (Garland Police Department); An amount not to exceed $13,500 from Fund F411, Department DPD, Unit 2728. Object 3099, and Encumbrance Number PX2728CR11A09, Commodity 95217, Vendor Number 516362 (Longview Police Department); An amount not to exceed $56,780 from Fund F411, Department DPD, Unit 2728. Object 3099, and Encumbrance Number PX2728CR11A10, Commodity 95217, Vendor Number VC0000006486 (Fox Valley/internet Crimes Training and Technical Assistance Program); An amount not to exceed $13,500 from Fund F411, Department DPD, Unit 2728. Object 3099, and Encumbrance Number PX2728CR11A11, Commodity 95217, Vendor Number 263854 (Dallas Children's Advocacy Center); Section 3. That this resolution shall take effect immediately from and after it's passage in accordance with the Charter of the City of Dallas, and it is accordingly so resolved.