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HomeMy WebLinkAboutPR 20346: INTERLOCAL CONTRACT - SOUTHEAST TEXAS AUTO THEFT TASK FORCE M\111+1/V • City of 3 1 ur-t rthu T www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: July 31, 2018 To: The Honorable Mayor and City Council Through: Harvey Robinson, Interim City Manager From: John Owens, Acting Chief of Police,) RE: PR 20346 - Interlocal Contract - Southeast Texas Auto Theft Task Force Introduction: The intent of this Agenda Item is to seek the City Council's approval for the City Manager to execute an Interlocal Contract with the City of Beaumont(as grant recipient), Jefferson County, Hardin County, Orange County and Jasper County to secure grant funding from the State of Texas Automobile Theft Prevention Authority for the operation of the Southeast Texas Auto Theft Task Force. Background: The Port Arthur Police Department has a long history of participation in the Southeast Texas Auto Theft Task Force. As part of the interlocal contract, the grant funds will reimburse the City of Port Arthur approximately 75% of our detective's base salary and will also provide a vehicle for the detective. As our in-kind match, we will provide for approximately 25%of the base salary, fringe benefits and fuel/maintenance on the vehicle. The contract period runs from September 1, 2018 to August 31, 2019. Budget Impact: The reimbursements for personnel base salary as a result of our participation will have a positive impact on the general fund. Recommendation: It is recommended that City Council approve the City Manager to execute an Interlocal Contract with the City of Beaumont (as grant recipient), Jefferson County, Hardin County, "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 City of - n r t r t h«r`�� www.PortArthurTx.gov Orange County and Jasper County to secure grant funding from the State of Texas Automobile Theft Prevention Authority for the operation of the Southeast Texas Auto Theft Task Force., as discussed and/or outline above. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.R. No.20346 mf 7/17/18 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL CONTRACT WITH THE CITY OF BEAUMONT, JEFFERSON COUNTY, HARDIN COUNTY, ORANGE COUNTY AND JASPER 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 September 1, 2018 to August 31, 2019; and WHEREAS, it is in the best interest of the City of Port Arthur to enter into an Interlocal Contract and cooperative working agreement with the City of Beaumont (as grant recipient) , Jefferson County, Hardin County, Orange County and Jasper 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, 2019, copy attached as Exhibit "A" . NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That the City Council hereby authorizes the City Manager to execute an Interlocal Contract and cooperative working agreement with the City of Beaumont (as grant recipient) , Jefferson County, Hardin County, Orange County and Jasper 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, 2019 . Section 3 . That a copy of the Resolution shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of A.D. , 2018, at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES: Mayor: Councilmembers : NOES : Derrick Freeman, Mayor ATTEST: Sherri Bellard, City Secretary APPROVED A TO FORM: Val Tizeno, ty Att rney APPROVED FOR ADMINISTRATION: Harv- Robinson, Interim City Manager John Jens, Acting Chief of Police 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 (FY2019) with the Automobile Burglary and Theft Prevention Authority of the State of Texas ("Authority") in the amount of$528,714.00; and 1 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 405,000 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 2,410 arrests, filed approximately 4,623 auto related criminal cases with prosecuting authorities, recovered more than 5,180 vehicles valued at an estimated$49,669,902 along with other property estimated at $5,550,501; and Whereas, the Parties have agreed to provide $351,632 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 2019 grant funding of the Task Force. (See Exhibit "A" which is attached hereto and incorporated herein.) 2 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, 2018 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 $351,632 in match funding for operation of the Task Force in the following amounts: Match by the City of Beaumont $259,433 Match by the City of Port Arthur $37,510 Match by Jefferson County $32,506. Match by Hardin County $22,183 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. 3 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 director 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 4 omissions of its employees and officers. 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 "ABTPA Grant Assurances" section of the 2018 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 608-19-1230100. 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. 5 4. Travel policy is in accordance with the travel policy of the City of Beaumont. 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. 6 EXECUTED by the City of Beaumont this day of , 2018. CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager 7 EXECUTED by Jefferson County this day of , 2018. JEFFERSON COUNTY, TEXAS By: Jeff Branick, County Judge 8 EXECUTED by the City of Port Arthur this day of , 2018. CITY OF PORT ARTHUR By: Harvey Robinson, City Manager (Interim) 9 EXECUTED by Orange County this day of , 2018. ORANGE COUNTY, TEXAS By: Dean Crooks, County Judge 10 EXECUTED by Hardin County this day of , 2018. HARDIN COUNTY,TEXAS By: Wayne McDaniel,Jr, County Judge 11 EXECUTED by Jasper County this day of , 2018. JASPER COUNTY,TEXAS By: Mark Allen, County Judge 12