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HomeMy WebLinkAboutC2005-719 - 10/18/2005 - Approved INTERLOCAL AGREEMENT CITY OF DALLAS AND THE CORPUS CHRISTI POLICE DEPARTMENT STATE OF TEXAS COUNTY OF DALLAS This INTERLOC AL AGREEMENT is made and entered into by and between the City of Dallas, hereinafter called "City" and the Corpus Christi Police Department, Texas, hereinafter called "Corpus Christi Police Department", WITNESSETH: WHEREAS, the Interlocal Cooperation Act, Chapter 791, Texas Government Code, provides authorizatlOn for any local government to contract with one or more local governments and with agencies ofthe 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 Juvelllle Justice and Delinquency Prevention, hereinafter called "OJJDP" under the Federal Missing and Exploited Children's Program; and WH EREAS, City and the Corpus Christl Police Department desire to enter into an agreement regardll1g 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 chi ld solicitation and child pornography over the Internet in the State of Texas, the grant period rullS from April 1, 2005 through September 30, 2006; and WHEREAS, the grant is entitled Internet Crimes Against Children, hereinafter called "Project", and WHEREAS, the Dallas Police Department has asked the Corpus Christi Police Department to participate III fulfilling the purpose of the grant. NOW THEREFORE, THIS INTERLOCAL AGREEMENT is hereby made and entered into by City and the Corpus Christi Police Department for the mutual consideration stated herein: 2005-719 10/18105 M2005-355 ('ih of Dallas For the consideration hereinafter agreed to the Corpus Christi Police Department undertakes, covenants and agrees to: I. 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 IDrwarded from the Dallas Police Department. 3. On a quarterly basis provide the Dallas Police Department with a copy of its Internet Crimes Against Children Squad activity. This activity report will identify the number of cases assigned to the Squad, case clearance rate, number of arrests, number of criminal cases filed, and whether those cases are filed in federal or state courts. This report will as v,elllist the name of the persons filed on and what specific charge was Ciled. 4. \1aintain documentation of all overtime expenditures which are to be reimbursed by the Internet Crimes Against Children Grant. This documentation will include the name. rank, and identification number of the person earning the overtime, the date the overtime was worked, the number of hours worked, the exact payment amount to be charged to the Grant, the employee's hourly and overtime pay rate, and a brief explanation of the activity undertaken to earn the overtime. This overtime expenditure report must carry an original signature of a Corpus Christi Police Department supervisor and be supported by departmental payroll records which correspond to the overtime payments This overtime report and support documentation will be submItted to the Dallas Police Department at the time reimbursement is requested. 5. \1aintain documentation of all travel and training expenditures which are to be reimbursed by the Internet Crimes Against Children Grant. This documentation will mclude the name, rank, and identification number of the person travelling or receiving trainmg, 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 an original signature of a Corpus Christi Police Depal1ment supervisor 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. 'vtaintain an up-to-date itemized inventory list of all supplies, equipment, or services purchased by the Corpus Christi Police Department with funds from the Internet Crimes Against Children Grant. All entries on this list will include a brief description of the item or service, the purchase date, business where purchased, and cost. Inventory list entries of major hardware items such as computers, monitors, printers, FAX machmes. and the like must also include the brand name and model, serial ') number, the Corpus Chnsti Police Department's property inventory tag number assigned to the specific item, and the current physical location of the property. This Inventory list must he supported by receipts, invoices, or other appropriate documentation The inventory list and supporting documentation will be submitted to the Dallas Police Depm1ment at the time reimbursement is requested. 7 1\1l0\v the Internet Crimes Against Children Grant Manager or his designate to make one or more on-site visits for the purposes of assessing the Corpus Christi Police Department's compliance with the provisions of this Interlocal Agreement and the provisions of Circular A-I33 issued by the United States Office of Management and Budget regarding audits of states, local governments, and non-profit organizations. s When requested, provide the Dallas Police Department with a copy of the City of Corpus Christi'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 Corpus Christi Police Department a sum not to exceed fifteen thousand dollars ($15,000). This sum is to reimburse the Corpus Christi Police Department for expenses incurred for travel, training, overtime, and undercover expenses, as deemed necessary and appropriate by the Corpus Christi Police Department for its operations to combat Internet crimes against children. The Corpus Christi 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 September 10, 2006, Reimbursement for allowable expenses incurred shall be made by the Dallas PolIce Department to the Corpus Christi Police Department as quickly as possible after receipt of mvoices detailing the expenses to be reimbursed. Reimbursement requests, with all supportmg documentation. shall be mailed to: Lt C. L. Williams Dallas Police Department 1400 South Lamar Street, Room 3N061 Dallas, Texas 75215-1815 III. During the performance of this Interlocal Agreement, the Corpus Christi Police Department agrees 10 lhe following: i, 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. 3 1 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 \vill include, but is not limited to, coverage of the employee and vehIcle. while operating a vehicle. where applicable. 3. It may, 111 !Jeu 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 Corpus Christi Police Department will remain property of the Corpus Christi Police Department IV The term of this Agreement shall be from April 1. 2005 through September 30, 2006. 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. \ 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 M. Kunkle Chief of Police Dallas Police Department 1400 S. Lamar Street Dallas, Texas 75215 Mary K. Suhm City Manager City of Dallas City Hall, Room 4/E/N 1500 Marilla Street Dallas, Texas 75201 I f intended for the Corpus Christi Police Department, to: Copy to: Pete Alvarez, J r. Chief of Police Corpus Christi Police Department 321 John Sartain Street Corpus Christi, Texas 78401 George K. Noe City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 4 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 anyone or more of the provisions contained in this Agreement shall be held to be invalid, illegal. or unenforceable III any respect, such invalidity, illegality or unenforceability shall not affect an) other provision thereof and this Agreement shall be construed as if such invalid, dlegaL or unenforceable provision had never been contained herein. V III 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 bmding. EXECUTED this 2 -:s day of 1u-Ltc~ ,2005, by the City of Dallas, by and through lts duly authorized officials pursuant to City Council Resolution No. 05-2479, and by the Corpus Christi Police Department by and through its duly authorized officials. However, the effective date of thls Agreement is April 1,2005 CITY OF CORPUS CHRISTI George K Noe, City Manager CITY OF DALLAS Mary K. Suhm, City Manager By: \ LL,,/,- --~ager -- BY~~ Carles W. Daniels Assistant City Manager ATTEST _ r~ i\RMANDO GHAP~ ' UTY S[CRETA.=iY Approved as to Fonn: \1ary Kay Fischer City Attorney 1. _ Approved as to Form: Thomas P. Perkins, Ir. City Attorney By Ltuit~~VAdtYA~~;'~' , (V\2') .k, I '..J_~L.u....z...o.O,;"4lt(~ J :il\ LC ' ""r'" L','.' .> " ~~h._,___ _ . ~.. By: 5 ..,.. ,.._,....,~.....-...~ ~~. ..~..~ ~~._-,""t' ''''~ Uv' (j~_