HomeMy WebLinkAboutPR 19494: CONTRACT WITH JEFFERSON COUNTY, JASPER COUNTY, AND ORANGE COUNTY SECURE GRANT FUNDING, AUTOMOBILE THEFT PREVENTION AUTHORITY FOR OPERTION OF THE SOUTHEAST TEXAS AUTO THEFT TASK FORCE P.R. No. 19494
8/22/16 re
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN INTERLOCAL CONTRACT WITH THE CITY OF BEAUMONT,
JEFFERSON COUNTY,JASPER COUNTY, AND ORANGE COUNTY TO
SECURE GRANT FUNDING FROM THE STATE OF TEXAS
AUTOMOBILE THEFT PREVENTION AUTHORITY FOR OPERATION
OF THE SOUTHEAST TEXAS AUTO THEFT TASK FORCE
WHEREAS, the City of Beaumont has received a grant for the period of August 31,
2016 through August 31, 2017; and,
WHEREAS, the Port Arthur City Council desires to enter into an Interlocal Contract
with the City of Beaumont (as grant holder), Jefferson County, Jasper County, Hardin County
and Orange County for the purpose of securing grant funding from the Automobile Theft
Prevention authority of the State of Texas for operation of the Southeast Texas Auto Theft Task
Force for the continuation of the grant through August 31, 2017, copy attached as Exhibit"A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR,TEXAS:
Section 1. That the facts and opinions in the preamble are true and correct.
Section 2. That the City Council of the City of Port Arthur hereby authorizes the City
Manager to execute an Interlocal Contract and cooperative working agreement with the City of
Beaumont (as grant holder), Jefferson County, Jasper County, and Orange for the purpose of
securing grant funding from the State of Texas Automobile Theft Prevention authority for
operation of the Southeast Texas Auto Theft Task Force for the continuation of the grant through
August 31, 2017, in substantially the same form as attached hereto as Exhibit"A".
Section 3. That the City of Beaumont will forward all signature pages to the City
Secretary.
Section 4. That the parties are seeking grant funds of$528,714.00 with the City of Port
Arthur contributing matching funds of$43,826.00. In addition no "in kind" funds are required of
the City of Port Arthur. The City will provide cell phone service for $480.00 and fuel, oil, and
maintenance for $5,814.00. The total cost to the City is $50,120.00. Other parties will provide
matching funds of$597,175.00
Section 5. That a copy of the Resolution be spread upon the minutes of the City Council.
READ,ADOPTED, AND APPROVED on this the day of September, 2016, at a
regular meeting of the City council of the City of Port Arthur, Texas, by the following votes:
AYES:
Mayor: •
Councilmembers:
NOES:
Derrick Freeman,
Mayor
ATTEST:
Sherri Bellard,
City Secretary
AP 'ROVED AS TO FORM:
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Val Tizena
City Attoi y
APPROVED FOR ADMINISTRATION:
Brian McDougal
City Manager
APPROVED AS TO AVAILABILITY OF FUNDS:
xA r Co,rr,�/lel
Director o �Finance §{f eilillif
EXHIBIT "A"
INTERLOCAL CONTRACT
SOUTHEAST TEXAS AUTO THEFT TASK FORCE
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Interlocal Contract, ("Contract") is entered into between the City of Beaumont, a
municipal corporation situated in Jefferson County,Texas,("Beaumont"),the City of Port Arthur,a
municipal corporation situated in Jefferson County, Texas ("Port Arthur") , Jefferson County, a
political subdivision of the State of Texas ("Jefferson County") , Hardin County, a political
subdivision of the State of Texas("Hardin County"),Jasper County,a political subdivision of the
State of Texas("Jasper County"),and Orange County,a political subdivision of the State of Texas
("Orange County")pursuant to the Interlocal Cooperation Act,Tex.Gov't Code Ann.Sec.791.001
- 791.027 (Vernon 1997).
WITNESSETH
Whereas,Beaumont,Port Arthur,Hardin County,Jasper County,Jefferson County,
and Orange County,collectively herein after referred to as"Parties",seek to contract or agree with
each other to perform certain governmental functions and services in a joint cooperative agency
which is known as the Southeast Texas Auto Theft Task Force ("Task Force"); and
Whereas,the Parties are each independently authorized,pursuant to Tex.Gov't.Code Ann.
Sec. 791.001 to enter into a joint contract to provide a governmental function or service which each
party to the Contract is authorized to perform individually; and
Whereas, the Parties wish to file a joint application for grant funding (FY2017) with the
Automobile Burglary and Theft Prevention Authority of the State of Texas ("Authority") in the
amount of$528,714.00; and
t
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Whereas, the Parties believe it to be in the best interest of the Parties to continue the
operation of the Task Force based upon positive results of prior operations of the Task Force
which include,but are not limited to,demonstrated decreases in the number of reported auto thefts;
and
Whereas,there are approximately 403,073 registered motor vehicles in Jefferson,Hardin,
Jasper, and Orange Counties combined; and
Whereas, since the inception of the Task Force in 1993 officers in the Task Force have
made approximately 2,339 arrests, filed approximately 4,345 auto related criminal cases with
prosecuting authorities, recovered more than 5,033 vehicles valued at an estimated $48,479,121
along with other property estimated at$5,504,249; and
Whereas, the Parties have agreed to provide $ 597,175 in funding (personnel services,
equipment,vehicle supplies,salaries,benefits,and insurance)to be used to match the funding sought
from the Authority; and
Whereas,the Parties believe that it is in their mutual interest to enter into this Contract to
carry-out operations of the Task Force; and
Whereas, the Parties agree to abide by all pertinent federal, state and local laws and
regulations;
NOW,THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE I.
1.01 The purpose of this Contract is to continue the operation of the Task Force pursuant to a
joint application filed with the Authority for FY 2017 grant funding of the Task Force.
(See Exhibit"A" which is attached hereto and incorporated herein.)
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1.02 The Parties to this Contract hereby mutually agree to cooperate to whatever extent is
necessary to carry out the work plan set forth in the grant application.
ARTICLE II.
2.01 The term of this Contract shall be for a period of one (1)year from and after the date of
August 31, 2016 subject to other termination rights of the Parties as established in this
document.
ARTICLE III.
3.01 As a condition and part of this Contract,the Parties agree to contribute a total of
$597,175 in match funding for operation of the Task Force in the following amounts:
Match by the City of Beaumont $489,414
Match by the City of Port Arthur $43,826
Match by Jefferson County $34,450
Match by Hardin County $29,485
Match by Jasper County -0-
Match by Orange County -0-
ARTICLE IV.
4.01 The expenditure of funds, including the anticipated receipt of$528,714.00 from the
Authority is set out in Exhibit "B" which is attached hereto and incorporated herein.
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ARTICLE V.
5.01 Beaumont is designated as the primary agency ("GRANTEE") for purposes of this
Contract and for purposes of receipt and disbursement of all funds received from the
Authority. Beaumont shall designate a lieutenant of the Beaumont Police Department
to serve as the coordinator for the Task Force who shall be authorized to establish rules,
regulations, directives, etc. for operation of the Task Force and the administration of
funding for the Task Force.
ARTICLE VI.
6.01 Upon termination of this Contract, right,title and ownership of non-expendable property
acquired pursuant to this Contract will revert to the individual party for which it was
acquired, subject to the statutes of the State of Texas and approval of the Authority.
ARTICLE VII.
7.01 Beaumont, Port Arthur, Hardin County, Jasper County, Jefferson County, and
Orange County as political subdivisions, are governed by the Texas Tort Claims Act,
Chapter 101.001 et seq., Civil Practice and Remedies Code. Beaumont,Port Arthur,
Hardin County, Jasper County, Jefferson County and Orange County warrant and
represent to each other that they are self-insured or commercially insured for all claims
falling within the Texas Tort Claims Act.
7.02 Each party to this Contract agrees that it shall have no liability whatsoever for acts or
omissions of an individual employed by another party regardless of where the individual's
actions occurred. Each party is solely responsible for the action and/or omissions of its
employees and officers.
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ARTICLE VIII.
8.01 The Parties certify that the Task Force is a program which meets all the requirements of
the Authority program,that the information set forth in this Contract is correct, and that
the Parties will comply with the appropriate provisions of the Authority.
8.02 The Parties assure and certify that they will comply with the regulations,policies,
guidelines, and requirements set forth in the "assurances" section of the 2015 Grant
Application and the Administrative Guide issued by the Authority pursuant to the
acceptance and use of any federal funds. If any of the provisions of the "assurances" are
applicable pursuant to statutes of the State of Texas,the Parties will comply with those
pertinent parts.
8.03 The Parties assure and certify to the Authority that they are in compliance with Subtitle
A, Title II of the Americans with Disabilities Act(A.D.A.), 42 U.S.C. 12131-12134, and
Department of Justice implementing regulation 28 C.F.R.,Part 35.
8.04 Attached as Exhibit "C" is a digest representing the Authority's approved budget
summary for grant 608-17-1230100. The Parties agree that they shall be responsible for
determining, prior to expenditure of funds,that:
1. Salaries are in accordance with local policy of participating agencies.
2. Personnel are classified in accordance with the needed qualification for the
position.
3. Fringe benefits are in accordance with local policy of the participating agencies.
4. Travel policy is in accordance with the travel policy of the City of Beaumont.
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ARTICLE IX.
9.01 This Contract may only be amended by mutual agreement of the Parties hereto in
writing and any amendments shall be attached to and incorporated into this Contract.
ARTICLE X.
10.1 In case any one or more of the provisions contained in this Contract shall be held to be
invalid, illegal or unenforceable in any aspect, such invalidity, illegality or
unenforceability shall not affect any other provision of the Contract,and this Contract
shall be construed as if such invalid, illegal or unenforceable provision had never been
contained herein.
ARTICLE XI.
11.01 This Contract 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.
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EXECUTED by the City of Port Arthur this day of ,2016.
CITY OF PORT ARTHUR
By:
Brian McDougal, City Manager
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EXECUTED by the City of Port Arthur this day of , 2016.
CITY OF PORT ARTHUR
By:
Brian McDougal, City Manager
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AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY
Cooperative Working Agreement
This is to certify that the objectives of the Southeast Texas Auto Theft Task Force grant application for fiscal year
2017 funding by the Automobile Burglary and Theft Prevention Authority have been reviewed and that it is mutually
agreed to cooperate to whatever extent is necessary in carrying out the work plan described in that application.
Additionally,the City of Port Arthur is cognizant of the rules and regulations governing the operation of the
grant and agrees to abide by any and all such rules or special conditions relating to the application.
Signed:
Kyle Hayes,City Manager
City of Beaumont
Date:
Signed:
Brian McDougal,City Manager
City of Port Arthur
Date: