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HomeMy WebLinkAboutContract 53777 C 53777 SC# RECEIVED APR -7 2020 CITY OF FORT WORTH INTERLOCAL AGREEMENT CITY SECRETARY CITY OF DALLAS AND THE CITY OF FORT WORTH 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 Fort Worth, acting by and through the Fort Worth Police Department, Texas,hereinafter called"Fort Worth 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 (ICAO) 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 Fort Worth 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, 2019 through September 30, 2020; and WHEREAS, the grant is entitled Internet Crimes Against Children (Grant Number 2019-MC- FX-K056),hereinafter called"Project", and WHEREAS, the Dallas Police Department has asked the Fort Worth 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 Fort Worth Police Department for the mutual consideration stated herein: 1 I. For the consideration hereinafter agreed to the Fort Worth 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 Fort Worth 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 Fort Worth 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 Fort Worth 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 Fort Worth 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 her designate to make one or more on-site visits for the purpose of assessing the compliance of the Fort Worth Police Department with the provisions of this Interlocal Agreement and the 2 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 Fort Worth 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 Fort Worth Police Department a sum not to exceed eighteen thousand dollars ($18,000.00). This sum is to reimburse the Fort Worth 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 Fort Worth Police Department for its operations to combat Internet-related crimes against children. The Fort Worth 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, 2020. Reimbursement for allowable expenses incurred shall be made by the Dallas Police Department to the Fort Worth 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. Carrie D. Wise Dallas Police Department 1400 South Lamar Street Dallas, Texas 75215-1815 The Contract amount may increase if, in the future, additional funds become available to grant to Fort Worth Police Department. If additional funds are available in the future to grant to Fort Worth Police Department, City will give written notice and Fort Worth Police Department may accept or reject the additional funds by giving written notice of the intent to the City. III. During the performance of this Interlocal Agreement, the Fort Worth 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. 3 4. Any and all equipment and supplies purchased with Grant funds by the Fort Worth Police Department will remain property of the Fort Worth Police Department. IV. The term of this Agreement shall be from October 1, 2019 through September 30, 2020. 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 Fort Worth 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: Copy to: U. Renee Hall T.C. Broadnax 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 Fort Worth Police Department, to: Copy to: Ed Kraus David Cooke Chief of Police City Manager 505 W. Felix 1000 Throckmorton St Fort Worth, Texas, 76115 Ft. Worth, Texas, 76102 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 affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 4 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 day of f lA , 2020, by the City, by and through its duly authorized officials pursuant to City Council Resolution No. 19-1795, and by the Fort Worth Police Department by and through its duly authorized officials. However, the effective date of this Agreement is October 1, 2019. Recommended By: Renee'ffafl Renee'Hall(Apr6,2020) U. Renee Hall Chief of Police APPROVED AS TO FORM CITY OF DALLAS Christopher J. Caso T. C. Broadnax City Attorney City Manager By: Don Knight By:)ofFortune(Apr6,2020) Assistant City Attorney Assistant City Manager APPROVED AS TO FORM CITY OF FORT WORTH City Attorney City Manager 7wwcay r�a>`rsery By: Thomas Hansen(Apr 1,2020) By: Jesus J.Chapa(Apr 1,2020) Assistant City Attorney . ._,.:..._ Assistant City Manager City Secretary '`I-- `r By: M&Q: 20-01$1 .. OFNUAL RECORD CITY SECRETARY 5 FT WORTH,T Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Keith Morris / n¢- ��� Name of Employee/Signature Grants Manager Title ❑ This form is N/A as No City Funds are associated with this Contract Printed Name Signature Jr-NUAL REWORD OTT SECRETARY City of Fort Worth, Texas Mayor and Council Communication DATE: 04/07/20 M&C FILE NUMBER: M&C 20-0181 LOG NAME: 35FY20 INTERNET CRIMES AGAINST CHILDREN SUBJECT Authorize the Acceptance of an Award and Execution of an Interlocal Agreement with the City of Dallas to Provide Funding for the Internet Crimes Against Children Task Force,Authorize Acceptance of an Amount Up to$18,000.00 from the Department of Justice through the City of Dallas,and Adopt an Appropriation Ordinance(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1.Authorize the Acceptance of an Award and the execution of an Interlocal Agreement with the City of Dallas to provide funding for the Internet Crimes Against Children Task Force; 2.Authorize the acceptance of an amount up to$18,000.00 for the Internet Crimes Against Children Task Force;and 3.Adopt the attached Appropriation Ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the amount of$18,000.00 subject to the receipt of the grant. DISCUSSION: The City of Dallas,on behalf of its Police Department,applied for and was awarded a grant to fund the Crimes Against Children Task Force(Task Force)from the Department of Justice(DOJ)through the Office of Juvenile Justice and Delinquency Prevention(OJJDP)under the Federal Missing and Exploited Children's Program.The Task Force targets intemet crimes against children, including child solicitation and child pornography. This action will authorize the acceptance and execution of the award agreement.The City of Fort Worth has previously accepted the Internet Crimes Against Children Grant through M&C C-28204 on May 2,2017.The City of Dallas has requested a new interocal agreement with a new start date of October 1,2019 and end date of September 30,2020. Per the Interlocal Agreement,the City of Fort Worth will be reimbursed for expenses in an amount up to$18,000.00 for officer overtime,training,travel,and equipment used to combat intemet-based crimes against children.This is related to awards of$14,000.00 and$12,000.00 that was previously authorized by M&C's C-28204,C-28677,and C- 29049; resulting in a previous total of$26,000.00. Indirect costs are not allowed under this Agreement.The City will be paid on a reimbursement basis. ALL COUNCIL DISTRICTS A Form 1295 is not required because:This contract will be with a governmental entity,state agency or public institution of higher education:City of Dallas FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations,acceptance of an award,execution of an Interlocal Agreement,and adoption of the attached Appropriation Ordinance,funds will be available in the current operating budget,as appropriated,of the Grants Operating Federal Fund.The Police Department is responsible for the collection and deposit of funds due to the City.The City will be paid on a reimbursement basis. Submitted for City Manager's Office by. Jay Chapa 5804 Originating Business Unit Head: Ed Kraus 4231 Additional Information Contact: Keith Morris 4243