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.
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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.
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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
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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~~;'~' ,
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