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HomeMy WebLinkAboutPACKET NOV 06 2001 City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 6, 2001 1:30 P.M. AGENDA OPENING * Invocation Pledge Roll Call Presentations and Recognition Public Comment: Persons may speak on scheduled agenda items * Consent Agenda GENERAL BUSINESS 1. Consider approving contracts between the City of Beaumont and the Beaumont Community Housing Development Organization, Inc. 2. Consider approval of the purchase of two mechanical trick mounted street sweepers COMMENTS • Councilmembers comment on various matters • City Manager's Report - American Fastpitch Association(AFA), Public Safety and Security Summit, Breakfast with the City Manager, Employee Health and Safety Fair, Update On Make-A-Difference Day, Goodwill Industries Parking Request • Public Comment (Persons are limited to 3 minutes) EXECUTIVE SESSION * Consider matters related to contemplated or pending litigation in accordance with Section 551.071 of the Government Code: City of Beaumont v. Gladys City Company Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kyle Hayes at 880-3716 a day prior to the meeting. 1 Council consider approving contracts between the City of Beaumont and the Beaumont Community Housing Development Organization, Inc. t179fCity of Beaumont VW_ Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Richard Chappell, Housing Coordinator'-f C- MEETING DATE: November 6, 2001 AGENDA MEMO DATE: October 25, 2001 REQUESTED ACTION: (1) Council approval of a contract between the City of Beaumont and the Beaumont Community Housing Development Organization, Inc. in the amount of$245,000. (2) Council approval of a contract between the City of Beaumont and the Beaumont Community Housing Development Organization, Inc. in the amount of$171,500. (3) Council approval of a contract between the City of Beaumont and the Beaumont Community Housing Development Organization, Inc. in the amount of$117,500. RECOMMENDATION (1) Administration recommends that Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Corporation, Inc. (BCHDO) in the amount of$245,000 using 1999 and 2000 HOME funds. (2) Administration recommends that Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization, Inc. (BCHDO) in the amount of$171,500 using 2000 and 2001 HOME funds. (3) Administration recommends that Council authorize the City Manager to execute a contract with the Beaumont Community Housing Development Organization, Inc. (BCHDO) in the amount of$117,500 using 2001 CDBG funds. Council Agenda Item Page 2 November 6, 2001 BACKGROUND The Beaumont Community Housing Development Organization, Inc. (BCHDO) is a non-profit housing development organization which has been operating for approximately one year. During 2001 BCHDO has qualified eleven families with approximately $440,000 in permanent mortgage financing to purchase new homes constructed in the South Park, Avenues/College Street Corridor and M. L. King Neighborhoods. BCHDO has obtained approximately $660,000 in interim construction financing from local banks to construct these homes. BCHDO anticipates completing these eleven homes by December 31, 2001, which is ahead of the March 2002 contract completion date. Neighborhood outreach efforts by BCHDO are proving to be successful in Beaumont's older neighborhoods attracting a diverse group of low income home buyers. The contract in the amount of$245,000 would provide home buyer's assistance in the form of mortgage principal buydowns, down payments and closing costs for up to ten (10) new homes constructed in neighborhoods targeted for revitalization. Construction of the homes could be completed by December 31, 2002. The contract in the amount of$171,500 would provide home buyers' assistance in the form of mortgage principal buydowns, down payment and closing costs for up to seven (7) new homes constructed in neighborhoods targeted for revitalization. Construction of the homes could be completed by December 31, 2002. The contract in the amount of$117,500 would provide the funds for the project delivery cost of the BCHDO including construction management of the new homes, home buyer counseling to identify eligible mortgage approved homebuyers and other costs necessary to market the affordable housing program. BCHDO must also continue its fund raising activities to leverage the City of Beaumont's investment of HOME funds. BCHDO employs two (2) persons to carry out its activities, an Executive Director and a Homebuyer Counselor. BUDGETARY IMPACT These funds are available from the 1999, 2000, and 2001 HOME programs and the 2001 CDBG program. Page 3 November 6, 2001 PREVIOUS ACTION Council has previously approved a contract with the BCHDO to assist low income homebuyers purchase new homes constructed in neighborhoods targeted for revitalization. Council has previously approved a contract with the BCHDO to provide funds for home buyers counseling, construction management, fund raising, project delivery costs and administrative and operating expenses. SUBSEQUENT ACTION Following Council approval and execution by the City Manager, the BCHDO with technical assistance from the Housing Division Staff will work to successfully complete the contracts. RECOMMENDED BY City Manager, Executive Assistant to the City Manager/Economic Development Director, Planning Manager, Housing Coordinator and Grants Administrator. RECOMMENDED MOTION (1) Approve/Deny authorization of the City Manager to execute the contract with the Beaumont Community Housing Development Organization, Inc. in the amount of $245,000. (2) Approve/Deny authorization of the City Manager to execute the contract with the Beaumont Community Housing Development Organization, Inc. in the amount of $171,500. (3) Approve/Deny authorization of the City Manager to execute the contracts with the Beaumont Community Housing Development Organization, Inc. in the amount of $117,500. 2 Council consider approval of the purchase of two mechanical truck mounted street sweepers City of Beaumont �• In Council Agenda Item c TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: November 6, 2001 AGENDA MEMO DATE: November 1, 2001 REQUESTED ACTION: Council approval ofthe purchase oftwo(2)mechanical truck mounted street sweepers. RECOMMENDATION Administration recommends the purchase of two (2) mechanical truck mounted street sweepers through the Houston-Galveston Area Council(H-GAC) for the Public Works Department,Streets and Drainage Division, in the amount of$250,931.56. BACKGROUND Mechanical street sweepers are used by the Streets and Drainage Division for cleaning residential, arterial and downtown streets. Street sweeping is performed weekly on streets located in the Central Business District,monthly on arterial streets and quarterly on residential streets. The Elgin Eagle mechanical sweeper removes debris by sweeping material onto a conveyor system which then transports it into a debris hopper for containment, transport and disposal. Debris is deposited into a 4.5 cubic yard hopper while a 280 gallon water tank provides water necessary for dust suppression. The mechanical sweeper will be mounted on a Sterling SC8000 diesel chassis. Each unit will be equipped with directional arrowboards for traffic safety. The City purchased two units in 1995 when the privatized street sweeping program was cancelled. These units have reached their useful life and maintenance costs are increasing. Unit numbers 4250 and 4251, 1995 Elgin street sweepers,will be replaced and disposed of according to the City's surplus disposal policies. Delivery of the new units will be in approximately 120 days. The units are warranted for a period of one year and all warranty work will be provided by the H-GAC contracted vendor,Kinloch Equipment and Supply,Inc. of Pasadena, Texas. Purchase of Street Sweepers November 1, 2001 Page 2 BUDGETARY IMPACT Funds will be provided through a lease purchase agreement. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Central Services Director and Public Works Director. RECOMMENDED MOTION Approve/Deny the purchase oftwo(2)Elgin F street sweepers in the amount of$250,931.56 through H-GAC. City of Beaumont REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS NOVEMBER 6, 2001 1:30 P.M. CONSENT AGENDA Approval of minutes * Confirmation of committee appointments A) Approve a contract for the purchase of lubricants B) Authorize eminent domain proceedings to acquire property for the Major Drive Improvement Project C) Authorize the City Manager to execute Interlocal Agreements related to the Beaumont Police Department's Pawned Property files D) Accept improvements for maintenance in Pine Glen Fourth Addition, Phase One E) Authorize the settlement of lawsuits CONSENT AGENDA NOVEMBER 6, 2001 A) Approve a contract for the purchase of lubricants The Administration recommends approval of a six-month contract for purchasing lubricants with Tri-Con,Inc. of Beaumont with an estimated total expenditure of$36,715. The contract specifies that the successful bidder shall provide approximately 10,700 gallons of various lubricants at fixed unit costs for use by various City departments in maintaining equipment. Funds are available for this expenditure in user departments' operating budgets. A copy of the staff memorandum is attached for your review. B) Authorize eminent domain proceedings to acquire property for the Major Drive Improvement Project The owner of Parcel 16 has not accepted the appraised value for their property. The property was appraised by Bishop Real Estate Appraisers, Inc. in the amount of$4,125. The Administration recommends authorization to acquire the property by eminent domain. The City of Beaumont, in cooperation with the Texas Department of Transportation is improving FM 364/Major Drive from State Highway 105 to State Highway 124. A copy of the staff memorandum is attached for your review. C) Authorize the City Manager to execute Interlocal Agreements related to the Beaumont Police Department's Pawned Property files The Administration recommends authorizing the City Manager to execute Interlocal Agreements with Jefferson County and the Cities of Port Arthur, Groves,Nederland, and Port Neches. The Beaumont Police Department has established a computerized database for entry of information related to property pawned in licensed pawned shops in the City of Beaumont. The Interlocal Agreements would allow the other law enforcement agencies to submit information regarding pawned property in their jurisdictions to be included in the Police Department's computerized file and also allow those jurisdictions to"search"the pawned property files to identify property which may have been stolen in their jurisdictions. A copy of the staff memorandum is attached for your review. D) Accept improvements for maintenance in Pine Glen Fourth Addition,Phase One The Administration recommends accepting maintenance of the street, storm sewer,water and sanitary sewer improvements. The improvements passed final inspection from all entities involved on October 29,2001. A copy of the staff memorandum is attached for your review. E) Authorize the settlement of lawsuits 1) The lawsuit of James R. Hucker would be settled in the amount of$150,000. 2)The lawsuit of Sandra Pope would be settled in the amount of$210,000. There are sufficient funds in the Liability Trust Fund to pay the settlement amounts. A copy of the staff memorandums is attached for your review. A City of Beaumont Mph� Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Kirby Richard, Central Services Director MEETING DATE: November 6, 2001 AGENDA MEMO DATE: October 30, 2001 REQUESTED ACTION: Council approval of a contract for the purchase of lubricants. RECOMMENDATION Administration recommends award of a six (6) month contract for purchasing lubricants to Tri- Con, Inc. of Beaumont at the unit costs reflected in the attached bid tabulation, with an estimated total expenditure for the contract period of$36,715. BACKGROUND The contract specifies that the successful bidder shall provide approximately 10,700 gallons of various lubricants at fixed unit costs for six(6)months from date of award for use by various City departments in maintaining equipment. The awarded vendor shall also provide three (3) bulk tanks of at least 300 gallon capacity each at the Fleet Maintenance Facility for City use during the contract period. The ability to receive and store bulk delivery of lubricants will allow the City to realize available cost savings. Nineteen(19)vendors were notified with two(2)submitting bids. The specifications for products bid by Tri-Con, Inc. have been reviewed by Fleet Management Division personnel and meet requirements set forth in the bid. BUDGETARY IMPACT Funds are available for this expenditure in user Departments' operating budgets. PREVIOUS ACTION None. Six (6) Month Contract for Lubricants October 30, 2001 Page 2 SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and Central Services Director. RECOMMENDED MOTION Approve/Deny award of a six(6)month contract to Tri-Con, Inc. for purchasing lubricants at the unit costs stated in the attached bid tabulation. CITY OF BEAUMONT BID TABULATION FOR LUBRICANTS BID OPENING DATE: OCTOBER 22, 2001 BID NUMBER: RF1002-01 ITRI-CON INC SITTON OIL AND MARINE SITTON OIL AND MARINE (Alt. Bid) j _ BEAUMONT,TX Y_ .�BEAUMONTI TX v �BEAUMONT,TX Est. Qty,- - Description _ _ Unit Total ___ _ Unit Total 1 Unit Total 5,000 15W-40, engine oil(bulk) $3.270 $16,350.00 $3.350 $16,750.00 $3.870 $19,350.00 -- - -- - -- 1,000 15W-40, engine oil (55 gal drums) $3.590 $3,590.00 $4.050 $4,050.00 $4.620 $4,620.00 ------ 30W engine oil (55 gal drums) $3.550 $1,775.00 $3.890 $1,945.00 $4.490 $2,245.00 1,300 Dexron III (qt) - $1.230 $1,599.00 $1.330 $1,729.00 $1.390 $1,807.00 600 Dexron III (bulk) _- - $3.310 $1,986.00 $3.790 $2,274.00 - $4.110 $2,466.00 100 Dexron 111 (55 gal drums) $3.850 $385.00 $4.440 $444.00 $4.730 $473.00 -_-. _ 100 Mercon 5 (qt) $1.900 $190 00 $1.330 $133.00 $1.410 $141.00 - - -- ---- 4 2,500 Multi-purpose hydraulic oil(bulk) - $2.780 $6,950.00 $2.750 $6,875.00 $3.220 $8,050.00 500 Multi-purpose hydraulic oil (drum) $3.440 $1 720.00 $3.210 $1,605.00 $3.850 $1,925.00 500 Caterpillar TO-4 comp hydraulic oil $4.340 $2,170.00 $4.750 $2,375.00 $5.250 $2,625.00 3 Onsite tank usac a charc e_ - $0.000 $0.00 $0.000 $0.00 $0.000 $0.00 TOTAL BID $36,716.001- -- � $38,180.00 $43,702.001 Manufacturer Fina Tex Premium Exxon f (Delivery time One (1)day One (1) day One 1 day B A.. City of Beaumont Council Agenda „ = • � Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: November 6, 2001 AGENDA MEMO DATE: October 31, 2001 REQUESTED ACTION: Council consider a resolution authorizing eminent domain proceedings to acquire Parcel 16 of the Major Drive Improvement Project. RECOMMENDATION The property owner listed below has not accepted the appraised value for their property. Parcel 16 0.300 acre out of Tract 8, H. T. & B. RR. Appraiser: Bishop Real Estate Appraisers, Inc. Total Appraised Value: $4,125 Owner: Mary Jane Phelan Administration recommends authorization to acquire the property by eminent domain. BACKGROUND The City of Beaumont, in cooperation with the Texas Department of Transportation is improving FM 364/Major Drive from State Highway 105 to State Highway 124. Construction is complete from State Highway 105 to Humble Road. According to the agreement, the City acquires the property and is then reimbursed 80% by the State. The acquisition of these properties are in accordance with applicable Federal and State laws governing the acquisition policies for acquiring real property. Title policies will be purchased for each parcel. BUDGETARY IMPACT None. PREVIOUS ACTION Of the twenty-seven (27) parcels required for the final phases of this project, nine (9) have been acquired and seventeen (17) parcels are in various stages of closing. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny resolution authorizing eminent domain proceedings to acquire Parcel 16 of the Major Drive Improvement Project. maryjaJ1d SUBJECT RIGHT-OF-WAY o MAJOR DRIVE (FM $64) PARCEL *10 TTp tit. WALDEN KEMPER J O 3 GL NE AGL ? RAL 0.300 ACRE OUT OF ti4= R TRACT 8, H. T. & B. RR. i Ri ti F- o � 1 C � WILLOW lq� C�E.k rn OWNER: a. 9ATH7LL MARY JANE PHELAN CIRCLE PARTIAL TAKING LEGEND LOCATION MAP � SUBJECT PROPERTY N.T.S. Auk.-` 2ZTT Ac. I r. No. 100 - 26 - 243T / 21A93 AC.REAL f, LRCp.. i Y � 10 05194C5 VG) -A /� t�' p•� C.l Ra FILE r'�� PHELAN J ay yb a4?4 AG Tr. s �.. _ y v y,c r�;' VOL.2063,P3T9 .pQ 4` 63'03 22'K'100.4 "'"tom naa.caH nr+•s ft M2B / K C3.OS'Z2'i/ 531.l6 - m ZW na rs.xas ; t5 92.16 a 71" -PART 1 4142 tv PAR=4 eroazz�r — amyry km r Ati-nAtecEt.sti City of Beaumont UL , L Council A enda Item A g TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED: Tom Scofield, Chief of Police MEETING DATE: November 6, 2001 AGENDA MEMO DATE: October 24, 2001 REQUESTED ACTION: Consider a Resolution authorizing the City Manager to execute Interlocal Agreements with Jefferson County and the Cities of Port Arthur, Groves,Nederland, and Port Neches allowing the law enforcement agencies in those jurisdictions access to the Beaumont Police Department's Pawned Property files. RECOMMENDATION Administration recommends authorizing the City Manager to execute Interlocal Agreements related to computerized access to Police Department's Pawned Property files. BACKGROUND The Police Department has established a computerized database for entry of information related to property pawned in licensed pawned shops in the City of Beaumont. Documents are prepared by personnel at the pawn shops and submitted to the police department which then enters the data into the computerized pawned property files. Information in the pawned property files is"crass-checked" against stolen property records to locate and recover stolen property to allow the property to be used as evidence in criminal prosecutions and/or returned to crime victims. The Interlocal Agreement would allow police departments in Port Arthur,Groves,Nederland,and Port Neches along with the Jefferson County Sheriffs office to submit information regarding pawned property in their jurisdictions to be included in the Police Department's computerized file and also allow those jurisdictions to"search"the pawned property files to identify property which may have been stolen in their jurisdictions. The Interlocal Agreement would enhance the efficiency of law enforcement agencies throughout the County. BUDGETARYIMPACT None PREVIOUS ACTION None SUBSEQUENT ACTION None RECOMMENDED BY City Manager and Chief of Police. RECOMMENDED MOTION Accept/Deny the Resolution authorizing the City Manager to execute Interlocal Agreements related to the Police Department's Pawned Property information files. INTERLOC AL AGREEMENT BEAUMONT/JEFFERSON COUNTY/NEDERLAND INTERAGENCY PAWNED PROPERTY INFORMATION AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement, ("the Agreement") is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County, Texas, ("Beaumont'), the City of Nederland, a municipal corporation situated in Jefferson County,Texas,("Nederland'),and Jefferson County (Data Processing Division), a political subdivision of the state of Texas, ("JCDP")pursuant to the Interlocal Cooperation Act, Tex. Gov't. Code Ann. Sec. 791.001 - 791.027 (Vernon 1996). WITNESSETH Whereas, the Beaumont Police Department ("BPD"), has established a criminal,justice information system which contains reports and documents related to pawned property; Whereas, the Nederland Police Department ("NPD") during the course and scope of criminal investigations desires to utilize information contained in the BPD pawned property information s.vstems and to enter pawned property information in the system; Whereas, the City of Beaumont Information Systems Division ("IS") and BPD have established,managed,and operate a computerized pawned property information system at the BPD; Whereas, JCDP and NPD manage and operate computer systems used by those agencies; Whereas,all parties believe it is in their mutual interest to enter into this Agreement to carry out the exchange of information contained in the BPD pawned property information system;and Whereas, all parties agree to abide by all pertinent federal, state, and local laws and regulations. 1 NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE 1. 1.01 The purpose of this Agreement is to allow NPD, through JCDP, access to review certain pawned property information and enter pawned property information through a computerized information exchange system maintained by the BPD which would enhance the exchange of information, increase the effectiveness and efficiency of criminal justice agencies in Jefferson County, and be of a monetary benefit to all parties. ARTICLE II. 2.01 The term of this Agreement shall be for a period of one (1) year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term,this Agreement shall automatically be extended for one (1)year terms thereafter.. 2.02 Any party may terminate their participation in this Agreement upon thirty y(30 days written notice to all other parties. 2.03 IS, with consent of BPD,may unilaterally"disconnect" or stop providing information and access pursuant to this Agreement if IS and BPD determine that there has been a breach in the security of the system or there has been any unauthorized disclosure, dissemination, or distribution of information contained in the BPD pawned property information system by any of the parties or their employees,agents, or by anyone accessing through such parties system. ARTICLE M. 3.01 All parties agree that any information transferred pursuant to this Agreement is NOT ONSIDERED A RELEASE TO THE PUBLIC for purposes of Tex. Local Gov't, Section 552.001, et. seq., but is only a process to allow access of an employee of a governmental agency acting in his/her official capacity to the pawned property information system of BPD. 2 3.02 No information obtained by agents or employees of NPD pursuant to this Agreement may be released to the public without the prior express written consent of BPD. ARTICLE IV. 4.01 To ensure the security of the BPD pawned property information system, IS is hereby designated as the department responsible for supervising performance of this Agreement pursuant to Tex. Local Gov't, Section 791.013. 4.02 IS, in cooperation with BPD, NPD, and JCDP shall establish user profiles for employees who are to be granted access to the BPD pawned property information system. 4.03 IS shall do any reviews,inspections,examinations,etc.,that are necessary to establish that proper security is in place at the NPD and JCDP to ensure the integrity of BPD's pawned property information system. 4.04 IS shall train or arrange training for any employee who is to be granted access pursuant to this Agreement. No employee of any party to this Agreement may be granted access to the system prior to receiving the training established or arranged by IS. 4.05 IS shall monitor the computer system established pursuant to this Agreement for any breach of security agreements,misuse of the system, or any other actions that may effect the integrity of BPD's pawned property or criminal justice information systems.If any violations are detected, IS shall immediately report that information to BPD. ARTICLE V. 5.01 BPD shall review any documents requesting security clearances for employees of the NPD and, if the individual meets standards established by BPD, the employee will be authorized security clearance to BPD's pawned property information system. 5.02 BPD has the sole right to determine the nature and limitations of access to BPD'S pawned property information system that is to be granted to any employee of NPD. ARTICLE VL 6.01 JCDP will identify the computer devices located at the NPD or JCDP that are to be 3 attached to BPD'S pawned property information system. Only devices or equipment pre- approved by IS may be attached. No equipment may be attached which is rr►nnected t any modems Internet Conn tions or an devices which titould allow third partyQ "remote" accecc to BPD'c pawned pro ty informations 7 tem 6.02 JCDP shall establish, in cooperation with IS, secured out queues for printouts at the NPD. 6.03 JCDP shall ensure that its' employees are unable to access or secure any information from BPD's pawned properly information system. JCDP shall, in cooperation with IS, develop and implement any additional employee restrictions that are necessary to ensure the secure input and exchange of information pursuant to this Agreement. 6.04 JCDP shall monitor its'employees to determine their compliance with the provisions of this Agreement. JCDP agrees to take any personnel administrative action which is needed to ensure compliance with this Agreement and protect the integrity of the information contained in BPD's pawned property information system. ARTICLE VII. 7.01 The NPD shall select and designate those employees in its' department who are to have access to BPD's pawned property information system pursuant to this Agreement. Additionally, the NPD will establish internal regulations regarding the types of inquiries or reports which each employee may conduct or secure. In establishing these standards, NPD will ensure that employees are allowed access to BPD'S pawned property information system only on an"as-needed"basis related to their job tasks or functions. 7.02 The NPD shall forward to IS and BPD "user profiles" identifying the employee, the access requested for the employee, and reasons for that employee being granted access to BPD's pawned property information system. These "user profiles"shall be forwarded to IS for review and then forwarded to BPD for review and approval. After review and approval,IS will issue a user ID and password to each individual employee. 7.03 The NPD shall identify specific equipmenttdevices which are to be used to access BPD'S pawned property information system. IS shall inspect and approve those devices prior to 4 their use. Only those devices which have been approved by IS may be used to access BPD'S pawned property information system. No equipment may be attached in any fashion to any established computerized information exchange system used pursuant to this :agreement, without prior approval of IS. IS shall have the right to physically inspect the premises where any equipment is located that is to be used in regard to this Agreement on a periodic basis, with reasonable notice to the party responsible for the equipment. 7.04 The NPD shall ensure that any employee who will be accessing BPD'S pawned property information system has received all scheduled training established or arranged by IS prior to accessing BPD's pawned property information system. 7.05 The NPD shall immediately report to IS, the termination or resignation of any employee who had been granted access pursuant to this Agreement. The notification is necessary to ensure and maintain the security and integrity of BPD'S pawned property information system. 7.06 The NPD shall ensure that users in its' department do not exchange passwords, leave "signed-on" devices unattended, or release any information obtained pursuant to this Agreement other than for official purposes related to operations of the NPD. 7.07 The NPD shall ensure that"spool files"are printed immediately, i.e., all reports generated pursuant to access to BPD'S pawned property information system are to be printed. ARTICLE VIII. 8.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing, and any amendment shall be attached to and incorporated into this Agreement. _ ARTICLE IX. 9.01 In case 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 enforceability shall not effect any other provision thereof,and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 5 ARTICLE X. 10.01 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 promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of 20 CITY OF BEAUMONT, TEXAS JEFFERSON COUNTY, TEXAS By: By. Stephen J. Bonczek, City Manager Date Carl Griffith,Jr.County Judge Date BEAUMONT POLICE DEPARTMENT CITY OF NEDERLAND, TEXAS By: By: Tom Scofield, Chief of Police Date Andre Wimer, City Manager Date NEDERLAND POLICE DEPARTMENT By: Darrell Bush,Police Chief Date 6 INTERLOCAL AGREEMENT BE AUMONT/JEFFERSON COUNTY INTERAGENCY PAWNED PROPERTY INFORMATION AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement, ("the Agreement") is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County, Texas, ("Beaumont"), and Jefferson County (Data Processing Division and the Sheriffs Department), a political subdivision of the state of Texas, ("JCDP")pursuant to the Interlocal Cooperation Act,Tex. Gov't. Code Ann. Sec. 791.001 - 791.027 (Vernon 1996). WITNESSETIi Whereas, the Beaumont Police Department ("BPD"), has established a criminal justice information system which contains reports and documents related to pawned property; Whereas,the Jefferson County Sheriff's Department(JCSD)during the course and scope of criminal investigations desires to utilize information contained in the BPD pawned property information systems and to enter pawned property information in the system; Whereas, the City of Beaumont Information Systems Division ("IS") and BPD have established, managed,and operate a computerized pawned property information system at the BPD; Whereas,JCDP and JCSD manage and operate computer systems used by those agencies; Whereas,all parties believe it is in their mutual interest to enter into this Agreement to carry out the exchange of information contained in the BPD pawned property information system; and Whereas, all parties agree to abide by all pertinent federal, state, and local laws and regulations. 1 NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I. 1.01 The purpose of this Agreement is to allow JCSD, through JCDP, access to review certain pawned property information and enter pawned property information through a computerized information exchange system maintained by the BPD which would enhance the exchange of information, increase the effectiveness and efficiency of criminal justice agencies in Jefferson County, and be of a monetary benefit to all parties. ARTICLE EL 2.01 The term of this Agreement shall be for a period of one (1)year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term, this Agreement shall automatically be extended for one (1) year terms thereafter.. 2.02 Any party may terminate their participation in this Agreement upon thirty(30)days written notice to all other parties. 2.03 IS, with consent of BPD, may unilaterally "disconnect"or stop providing information and access pursuant to this Agreement if IS and BPD determine that there has been a breach in the security of the system or there has been any unauthorized disclosure, dissemination, or distribution of information contained in the BPD pawned property information system by any of the parties or their employees,agents,or by anyone accessing through such parties system. ARTICLE M. 3.01 All parties agree that any information transferred pursuant to this Agreement is NOT CONSIDERED A RELE 'E TO THE PUBLIC for purposes of Tex. Local Gov't, Section 552.001, et. seq., but is only a process to allow access of an employee of a governmental agency acting in his/her official capacity to the pawned property information system of BPD. 2 3.02 No information obtained by agents or employees of JCSD pursuant to this Agreement may be released to the public without the prior express written consent of BPD. ARTICLE IV. 4.01 To ensure the security of the BPD pawned property information system, IS is hereby designated as the department responsible for supervising performance of this Agreement pursuant to Tex. Local Gov't, Section 791.013. 4.02 IS, in cooperation with BPD,JCSD, and JCDP shall establish user profiles for employees who are to be granted access to the BPD pawned property information system. 4.03 IS shall do any reviews, inspections,examinations, etc.,that are necessary to establish that proper security is in place at the JCSD and JCDP to ensure the integrity of BPD'S pawned property information system. 4.04 IS shall train or arrange training for any employee who is to be granted access pursuant to this Agreement. No employee of any party to this Agreement may be granted access to the system prior to receiving the training established or arranged by IS. 4.05 IS shall monitor the computer system established pursuant to this Agreement for any breach of security agreements,misuse of the system,or any other actions that may effect the integrity of BPD'S pawned property or criminal justice information systems. If any violations are detected, IS shall immediately report that information to BPD. ARTICLE V. 5.01 BPD shall review any documents requesting security clearances for employees of the JCSD and, if the individual meets standards established by BPD,the employee will be authorized security clearance to BPD's pawned property information system. 5.02 BPD has the sole right to determine the nature and limitations of access to BPD'S pawned property information system that is to be granted to any employee of JCSD. ARTICLE VI. 6.01 JCDP will identify the computer devices located at the JCSD or JCDP that are to be 3 attached to BPD'S pawned property information system. Only devices or equipment pre- approved by IS may be attached. No equipment may be attached which is eonnected to anv modems, Internet connections or anv devices which woul d allow third party or "remote" access to BPD'S pawned nrnna rty information sv tem 6.02 JCDP shall establish, in cooperation with IS, secured out queues for printouts at the JCSD. 6.03 JCDP shall ensure that its' employees are unable to access or secure any information from BPD's pawned property information system. JCDP shall, in cooperation with IS, develop and implement any additional employee restrictions that are necessary to ensure the secure input and exchange of information pursuant to this Agreement. 6.04 JCDP shall monitor its'employees to determine their compliance with the provisions of this Agreement. JCDP agrees to take any personnel administrative action which is needed to ensure compliance with this Agreement and protect the integrity of the information contained in BPD's pawned property information system. ARTICLE VII. 7.01 The JCSD shall select and designate those employees in its' department who are to have access to BPD'S pawned property information system pursuant to this Agreement. Additionally, the JCSD will establish internal regulations regarding the types of inquiries or reports which each employee may conduct or secure. In establishing these standards, JCSD will ensure that employees are allowed access to BPD'S pawned property information system only on an"as-needed"basis related to their job tasks or functions. 7.02 The JCSD shall forward to IS and BPD "user profiles" identifying the employee, the access'requested for the employee, and reasons for that employee being granted access to BPD's pawned property information system. These"user profiles"shall be forwarded to IS for review and then forwarded to BPD for review and approval. After review and approval, IS will issue a user ID and password to each individual employee. 7.03 The JCSD shall identify specific equipment/devices which are to be used to access BPD's pawned property information system. IS shall inspect and approve those devices prior to 4 their use. Only those devices which have been approved by IS may be used to access BPD'S pawned property information system. No equipment may be attached in any fashion to any established computerized information exchange system used pursuant to this Agreement, without prior approval of IS. IS shall have the right to physically inspect the premises where any equipment is located that is to be used in regard to this Agreement on a periodic basis, with reasonable notice to the party responsible for the equipment. 7.04 The JCSD shall ensure that any employee who will be accessing BPD's pawned property information system has received all scheduled training established or arranged by IS prior to accessing BPD's pawned property information system 7.05 The JCSD shall immediately report to IS, the termination or resignation of any employee who had been granted access pursuant to this Agreement. The notification is necessary to ensure and maintain the security and integrity of BPD's pawned property information system. 7.06 The JCSD shall ensure that users in its' department do not exchange passwords, leave "signed-on" devices unattended, or release any information obtained pursuant to this Agreement other than for official purposes related to operations of the JCSD. 7.07 The JCSD shall ensure that"spool files"are printed immediately, i.e.,all reports generated pursuant to access to BPD's pawned property information system are to be printed. ARTICLE VIII. 8.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing, and any amendment shall be attached to and incorporated into this Agreement. ARTICLE IX. 9.01 In case 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 enforceability shall not effect any other provision thereof,and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 5 ARTICLE X. 10.01 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 promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of 20 CITY OF BEAUMONT, TEXAS JEFFERSON COUNTY, TEXAS By: By: Stephen J. Bonczek, City Manager Date Carl Griffith, Jr. County Judge Date BEAUMONT POLICE DEPARTMENT JEFFERSON COUNTY SHERIFF'S DEPARTMENT By: By: Tom Scofield, Chief of Police Date G. Mitch Woods, Sheriff Date 6 INTERLOCAL AGREEMENT BEAUMONT/JEFFERSON COUNTY/PORT ARTHUR INTERAGENCY PAWNED PROPERTY INFOR.NIATION AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement, ("the Agreement") 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"),and Jefferson County (Data Processing Division), a political subdivision of the state of Texas, ("JCDP") pursuant to the Interlocal Cooperation Act, Tex. Gov't. Code Ann. Sec. 791.001 - 791.027 (Vernon 1996). WITNESSETH Whereas, the Beaumont Police Department (`BPD"), has established a criminal justice information system which contains reports and documents related to pawned property; Whereas, the Port Arthur Police Department ("PAPD") during the course and scope of criminal investigations desires to utilize information contained in the BPD pawned property information systems and to enter pawned property information in the system; Whereas, the City of Beaumont Information Systems Division ("IS") and BPD have established,managed,and operate a computerized pawned property information system at the BPD; Whereas, JCDP and PAPD manage and operate computer systems used by those agencies; Whereas,all parties believe it is in their mutual interest to enter into this Agreement to carry out the exchange of information contained in the BPD pawned property information system; and Whereas, all parties agree to abide by all pertinent federal, state, and local laws and regulations. 1 NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I. 1.01 The purpose of this Agreement is to allow PAPD, through JCDP, access to review certain pawned property information and enter pawned property information through a computerized information exchange system maintained by the BPD which would enhance the exchange of information, increase the effectiveness and efficiency of criminal justice agencies in Jefferson County, and be of a monetary benefit to all parties. ARTICLE U. 2.01 The term of this Agreement shall be for a period of one (1) year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term, this Agreement shall automatically be extended for one (1) year terms thereafter.. 2.02 Any party may terminate their participation in this Agreement upon thirty(30)days written notice to all other parties. 2.03 IS, with consent of BPD, may unilaterally"disconnect"or stop providing information and access pursuant to this Agreement if IS and BPD determine that there has been a breach in the security of the system or there has been any unauthorized disclosure, dissemination, or distribution of information contained in the BPD pawned property information system by any of the parties or their employees, agents,or by anyone accessing through such parties system. ARTICLE III. 3.01 All parties agree that any information transferred pursuant to this Agreement is NOT CONSIDERED A RELEASE TO THE PUBLIC for purposes of Tex. Local Gov't, Section 552.001, et. seq., but is only a process to allow access of an employee of a governmental agency acting in his/her official capacity to the pawned property information system of BPD. 2 3.02 No information obtained by agents or employees of PAPD pursuant to this Agreement may be released to the public without the prior express written consent of BPD. ARTICLE IV. 4.01 To ensure the security of the BPD pawned property information system, IS is hereby designated as the department responsible for supervising performance of this Agreement pursuant to Tex. Local Gov't, Section 791.013. 4.02 IS, in cooperation with BPD,PAPD, and JCDP shall establish user profiles for employees who are to be granted access to the BPD pawned property information system. 4.03 IS shall do any reviews, inspections,examinations,etc.,that are necessary to establish that proper security is in place at the PAPD and JCDP to ensure the integrity of BPD's pawned property information system. 4.04 IS shall train or arrange training for any employee who is to be granted access pursuant to this Agreement. No employee of any party to this Agreement may be granted access to the system prior to receiving the training established or arranged by IS. 4.05 IS shall monitor the computer system established pursuant to this Agreement for any breach of security agreements, misuse of the system,or any other actions that may effect the integrity of BPD'S pawned property or criminal justice information systems.If any violations are detected, IS shall immediately report that information to BPD. ARTICLE V. 5.01 BPD shall review any documents requesting security clearances for employees of the PAPD and, if the individual meets standards established by BPD,the employee will be authorized security clearance to BPD's pawned property information system. 5.02 BPD has the sole right to determine the nature and limitations of access to BPD's pawned property information system that is to be granted to any employee of PAPD. ARTICLE VI. 6.01 JCDP will identify the computer devices located at the PAPD or JCDP that are to be 3 attached to BPD'S pawned property information system. Only devices or equipment pre- approved by IS may be attached. No eauipment may be attached which is connected t any modems Internet connection or any devices whi h would a!!aw third warty or "remote" access to BPD' pawned ro erty information c cy ter. 6.02 JCDP shall establish, in cooperation with IS, secured out queues for printouts at the PAPD. 6.03 JCDP shall ensure that its' employees are unable to access or secure any information from BPD's pawned property information system JCDP shall, in cooperation with IS, develop and implement any additional employee restrictions that are necessary to ensure the secure input and exchange of information pursuant to this Agreement. 6.04 JCDP shall monitor its' employees to determine their compliance with the provisions of this Agreement. JCDP agrees to take any personnel administrative action which is needed to ensure compliance with this Agreement and protect the integrity of the information contained in BPD's pawned property information system. ARTICLE VII. 7.01 The PAPD shall select and designate those employees in its' department who are to have access to BPD'S pawned property information system pursuant to this Agreement. Additionally, the PAPD will establish internal regulations regarding the types of inquiries or reports which each employee may conduct or secure. In establishing these standards, PAPD will ensure that employees are allowed access to BPD'S pawned property information system only on an "as-needed"basis related to their job tasks or functions. 7.02 The PAPD shall forward to IS and BPD "user profiles" identifying the employee, the access requested for the employee, and reasons for that employee being granted access to BPD's pawned property information system. These"user profiles" shall be forwarded to IS for review and then forwarded to BPD for review and approval. After review and approval, IS will issue a user ID and password to each individual employee. 7.03 The PAPD shall identify specific equipment/devices which are to be used to access BPD's pawned property information system. IS shall inspect and approve those devices prior to 4 their use. Only those devices which have been approved by IS may be used to access BPD'S pawned property information system. No equipment may be attached in any fashion to any established computerized information exchange system used pursuant to this Agreement, without prior approval of IS. IS shall have the right to physically inspect the premises where any equipment is located that is to be used in regard to this Agreement on a periodic basis, with reasonable notice to the party responsible for the equipment. 7.04 The PAPD shall ensure that any employee who will be accessing BPD's pawned property information system has received all scheduled training established or arranged by IS prior to accessing BPD'S pawned property information system. 7.05 The PAPD shall immediately report to IS, the termination or resignation of any employee who had been granted access pursuant to this Agreement. The notification is necessary to ensure and maintain the security and integrity of BPD'S pawned property information system. 7.06 The PAPD shall ensure that users in its' department do not exchange passwords, leave "signed-on" devices unattended, or release any information obtained pursuant to this Agreement other than for official purposes related to operations of the PAPD. 7.07 The PAPD shall ensure that"spool files"are printed immediately,i.e.,all reports generated pursuant to access to BPD's pawned property information system are to be printed. ARTICLE VIII. 8.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing, and any amendment shall be attached to and incorporated into this Agreement. ARTICLE IX. 9.01 In case 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 enforceability shall not effect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 5 ARTICLE X. 10.01 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 promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of 20 CITY OF BEAUMONT, TEXAS JEFFERSON COUNTY, TEXAS By: By. Stephen J. Bonczek, City Manager Date Carl Griffith,Jr. County Judge Date BEAL'MONT POLICE DEPARTMENT CITY OF PORT ARTHUR, TEXAS By: By: Tom Scofield, Chief of Police Date Steve Fitzgibbons, City Manager Date PORT ARTHUR.POLICE DEPARTMENT By: John Tyler,Police Chief Date 6 INTERLOCAL AGREEMENT BEAUMONT/JEFFERSON COUNTY/PORT NECHES INTERAGENCY PAWNED PROPERTY INFORMATION AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement, ("the Agreement") is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County,Texas, (`Beaumont"), the City of Port Neches, a municipal corporation situated in Jefferson County,Texas,("Port Neches"),and Jefferson County (Data Processing Division), a political subdivision of the state of Texas, ("JCDP") pursuant to the Interlocal Cooperation Act, Tex. Gov't. Code Ann. Sec. 791.001 - 791.027 (Vernon 1996). WITNESSETH Whereas, the Beaumont Police Department ("BPD"), has established a criminal justice information system which contains reports and documents related to pawned property; Whereas, the Port Neches Police Department ("PNPD") during the course and scope of criminal investigations desires to utilize information contained in the BPD pawned property information systems and to enter pawned property information in the system; Whereas, the City of Beaumont Information Systems Division ("IS") and BPD have established, managed,and operate a computerized pawned property information system at the BPD; Whereas, JCDP and PNPD manage and operate computer systems used by those agencies; Whereas,all parties believe it is in their mutual interest to enter into this Agreement to carry out the exchange of information contained in the BPD pawned property information system;and Whereas, all parties agree to abide by all pertinent federal, state, and local laws and regulations. 1 NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I. 1.01 The purpose of this Agreement is to allow PNPD, through JCDP, access to review certain pawned property information and enter pawned property information through a computerized information exchange system maintained by the BPD which would enhance the exchange of information, increase the effectiveness and efficiency of criminal justice agencies in Jefferson County, and be of a monetary benefit to all parties. ARTICLE II. 2.01 The term of this Agreement shall be for a period of one (1) year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term, this Agreement shall automatically be extended for one (1) year terms thereafter.. 2.02 Any party may terminate their participation in this Agreement upon thirty(30)days written notice to all other parties. 2.03 IS, with consent of BPD, may unilaterally "disconnect"or stop providing information and access pursuant to this Agreement if IS and BPD determine that there has been a breach in the security of the system or there has been any unauthorized disclosure, dissemination, or distribution of information contained in the BPD pawned property information system by any of the parties or their employees, agents, or by anyone accessing through such parties system. ARTICLE III. 3.01 All parties agree that any information transferred pursuant to this Agreement is NOT CONSIDERED A RELEASE TO THE PUBLIC for purposes of Tex. Local Gov't, Section 552.001, et. seq., but is only a process to allow access of an employee of a governmental agency acting in his/her official capacity to the pawned property information system of BPD. 2 3.02 No information obtained by agents or employees of PNPD pursuant to this Agreement may be released to the public without the prior express written consent of BPD. ARTICLE IV. 4.01 To ensure the security of the BPD pawned property information system, IS is hereby designated as the department responsible for supervising performance of this Agreement pursuant to Tex. Local Gov't, Section 791.013. 4.02 IS, in cooperation with BPD, PNPD, and JCDP shall establish user profiles for employees who are to be granted access to the BPD pawned property information system. 4.03 IS shall do any reviews, inspections,examinations,etc., that are necessary to establish that proper security is in place at the PNPD and JCDP to ensure the integrity of BPD'S pawned property information system. 4.04 IS shall train or arrange training for any employee who is to be granted access pursuant to this Agreement. No employee of any party to this Agreement may be granted access to the system prior to receiving the training established or arranged by IS. 4.05 IS shall monitor the computer system established pursuant to this Agreement for any breach of security agreements, misuse of the system, or any other actions that may effect the integrity of BPD's pawned property or criminal justice information systems. If any violations are detected, IS shall immediately report that information to BPD. ARTICLE V. 5.01 BPD shall review any documents requesting security clearances,for employees of the PNPD and, if the individual meets standards established by BPD, the employee will be authorized security clearance to BPD's pawned property information system. 5.02 BPD has the sole right to determine the nature and limitations of access to BPD'S pawned property information system that is to be granted to any employee of PNPD. ARTICLE VL 6.01 JCDP will identify the computer devices located at the PNPD or JCDP that are to be 3 attached to BPD'S pawned property information system. Only devices or equipment pre- approved by IS may be attached. No equipment may be attached which is connected to anv modems. Internet connections or anv devices which would allow third party or ``remote" access to BPD's pawned property information system 6.02 JCDP shall establish, in cooperation with IS, secured out queues for printouts at the PNPD. 6.03 JCDP shall ensure that its' employees are unable to access or secure any information from BPD's pawned property information system. JCDP shall, in cooperation with IS, develop and implement any additional employee restrictions that are necessary to ensure the secure input and exchange of information pursuant to this Agreement. 6.04 JCDP shall monitor its' employees to determine their compliance with the provisions of this Agreement. JCDP agrees to take any personnel administrative action which is needed to ensure compliance with this Agreement and protect the integrity of the information contained in BPD's pawned property information system. ARTICLE VII. 7.01 The PNPD shall select and designate those employees in its' department who are to have access to BPD's pawned property information system pursuant to this Agreement. Additionally, the PNPD will establish internal regulations regarding the types of inquiries or reports which each employee may conduct or secure. In establishing these standards, PNPD will ensure that employees are allowed access to BPD'S pawned property information system only on an "as-needed"basis related to their job tasks or functions. 7.02 The PNPD shall forward to IS and BPD "user profiles" identifying the employee, the access requested for the employee, and reasons for that employee being granted access to BPD's pawned property information system. These"user profiles"shall be forwarded to IS for review and then forwarded to BPD for review and approval. After review and approval, IS will issue a user ID and password to each individual employee. 7.03 The PNPD shall identify specific equipment/devices which are to be used to access BPD's pawned property information system. IS shall inspect and approve those devices prior to 4 their use. Only those devices which have been approved by IS may be used to access BPD's pawned property information system. No equipment may be attached in any fashion to any established computerized information exchange system used pursuant to this Agreement, without prior approval of IS. IS shall have the right to physically inspect the premises where any equipment is located that is to be used in regard to this Agreement on a periodic basis, with reasonable notice to the party responsible for the equipment. 7.04 The PNPD shall ensure that any employee who will be accessing BPD's pawned property information system has received all scheduled training established or arranged by IS prior to accessing BPD'S pawned property information system. 7.05 The PNPD shall immediately report to IS,the termination or resignation of any employee who had been granted access pursuant to this Agreement. The notification is necessary to ensure and maintain the security and integrity of BPD'S pawned property information system. 7.06 The PNPD shall ensure that users in its' department do not exchange passwords, leave "signed-on" devices unattended, or release any information obtained pursuant to this Agreement other than for official purposes related to operations of the PNPD. 7.07 The PNPD shall ensure that"spool files"are printed immediately,i.e.,all reports generated pursuant to access to BPD's pawned property information system are to be printed. ARTICLE VIII. 8.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing, and any amendment shall be attached to and incorporated into this Agreement. ARTICLE IX. 9.01 In case 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 enforceability shal l not effect any other provision thereof,and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 5 ARTICLE X. 10.01 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 promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of 20 CITY OF BEAUMONT, TEXAS JEFFERSON COUNTY, TEXAS By: By: Stephen J. Bonczek, City Manager Date Cart Griffith, Jr. County Judge Date BEAU-NtONT POLICE DEPARTMENT CITY OF PORT NECHES, TEXAS By: By: Toni Scofield, Chief of Police Date Randy Kimbler, City Manager Date PORT NECHES POLICE DEPARTWNT By: Gene Marsh, Police Chief Date 6 INTERLOCAL AGREEMENT BEAUMONT/JEFFERSON COUNTY/GROVES INTERAGENCY PAWNED PROPERTY INFORMATION AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § This Interlocal Agreement, ("the Agreement") is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County, Texas, ("Beaumont"), the City of Groves, a municipal corporation situated in Jefferson County,Texas,("Groves),and Jefferson County (Data Processing Division), a political subdivision of the state of Texas, ("JCDP") pursuant to the Interlocal Cooperation Act, Tex. Gov't. Code Ann. Sec. 791.001 - 791.027 (Vernon 1996). WITNESSETH Whereas, the Beaumont Police Department ("BPD"), has established a criminal justice information system which contains reports and documents related to pawned property; Whereas, the Groves Police Department("GPD")during the course and scope of criminal investigations desires to utilize information contained in the BPD pawned property information systems and to enter pawned property information in the system; Whereas, the City of Beaumont Information Systems Division ("IS") and BPD have established,managed,and operate a computerized pawned property information system at the BPD; Whereas, JCDP and GPD manage and operate computer systems used by those agencies; Whereas,all parties believe it is in their mutual interest to enter into this Agreement to carry out the exchange of information contained in the BPD pawned property information system; and Whereas, all parties agree to abide by all pertinent federal, state, and local laws and regulations. I NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: ARTICLE I. 1.01 The purpose of this Agreement is to allow GPD, through JCDP, access to review certain pawned property information and enter pawned property information through a computerized information exchange system maintained by the BPD which would enhance the exchange of information, increase the effectiveness and efficiency of criminal justice agencies in Jefferson County, and be of a monetary benefit to all parties. ARTICLE IL 2.01 The term of this Agreement shall be for a period of one (1) year from and after the date of execution hereof subject to other termination rights of the parties as established in this document. At the end of the initial term, this Agreement shall automatically be extended for one (1)year terms thereafter.. 2.02 Any party may terminate their participation in this Agreement upon thirty(30)days written notice to all other parties. 2.03 IS, with consent of BPD, may unilaterally "disconnect" or stop providing information and access pursuant to this Agreement if IS and BPD determine that there has been a breach in the security of the system or there has been any unauthorized disclosure, dissemination, or distribution of information contained in the BPD pawned property information system by any of the parties or their employees, agents, or by anyone accessing through such parties system. ARTICLE III. 3.01 All parties agree that any information transferred pursuant to this Agreement is NOT CONSIDERED A REL A E TO THE PUBLI for purposes of Tex. Local Gov't, Section 552.001, et. seq., but is only a process to allow access of an employee of a governmental agency acting in his/her official capacity to the pawned property information system of BPD. 2 3.02 No information obtained by agents or employees of GPD pursuant to this Agreement may be released to the public without the prior express written consent of BPD. ARTICLE IV. 4.01 To ensure the security of the BPD pawned property information system, IS is hereby designated as the department responsible for supervising performance of this Agreement pursuant to Tex. Local Gov't, Section 791.013. 4.02 IS, in cooperation with BPD, GPD, and JCDP shall establish user profiles for employees who are to be granted access to the BPD pawned property information system. 4.03 IS shall do any reviews, inspections,examinations,etc.,that are necessary to establish that proper security is in place at the GPD and JCDP to ensure the integrity of BPD's pawned property information system. 4.04 IS shall train or arrange training for any employee who is to be granted access pursuant to this Agreement. No employee of any party to this Agreement may be granted access to the system prior to receiving the training established or arranged by IS. 4.05 IS shall monitor the computer system established pursuant to this Agreement for any breach of security agreements,misuse of the system, or any other actions that may effect the integrity of BPD's pawned property or criminal justice information systems. If any violations are detected, IS shall immediately report that information to BPD. ARTICLE V. 5.01 BPD shall review any documents requesting security clearances for employees of the GPD and, if the individual meets standards established by BPD, the employee will be authorized security clearance to BPD's pawned property information system. 5.02 BPD has the sole right to determine the nature and limitations of access to BPD's pawned property information system that is to be granted to any employee of GPD. ARTICLE VI. 6.01 JCDP will identify the computer devices located at the GPD or JCDP that are to be 3 attached to BPD's pawned property information system. Only devices or equipment pre- approved by IS may be attached. equipment may be attached which is connected to any modems Internet connections or any devices which would allow third part ror "remote" access t B l awned ro er informati n vytem. 6.02 JCDP shall establish, in cooperation with IS, secured out queues for printouts at the GPD. 6.03 JCDP shall ensure that its' employees are unable to access or secure any information from BPD's pawned property information system. JCDP shall, in cooperation with IS, develop and implement any additional employee restrictions that are necessary to ensure the secure input and exchange of information pursuant to this Agreement. 6.04 JCDP shall monitor its'employees to determine their compliance with the provisions of this Agreement. JCDP agrees to take any personnel administrative action which is needed to ensure compliance with this Agreement and protect the integrity of the information contained in BPD's pawned property information system. ARTICLE VII. 7.01 The GPD shall select and designate those employees in its' department who are to have access to BPD's pawned property information system pursuant to this Agreement. Additionally, the GPD will establish internal regulations regarding the types of inquiries or reports which each employee may conduct or secure. In establishing these standards, GPD will ensure that employees are allowed access to BPD's pawned property information system only on an "as-needed"basis related to their job tasks or functions. 7.02 The GPD shall forward to IS and BPD "user profiles" identifying the employee, the access requested for the employee, and reasons for that employee being granted access to BPD'S pawned property information system. These"user profiles" shall be forwarded to IS for review and then forwarded to BPD for review and approval. After review and approval, IS will issue a user ID and password to each individual employee. 7.03 The GPD shall identify specific equipment/devices which are to be used to access BPD's pawned property information system. IS shall inspect and approve those devices prior to 4 their use. Only those devices which have been approved by IS may be used to access BPD'S pawned property information system. No equipment may be attached in anv fashion to any established computerized information exchange system used pursuant to this Agreement, without prior approval of IS. IS shall have the right to physically inspect the premises where any equipment is located that is to be used in regard to this Agreement on a periodic basis, with reasonable notice to the party responsible for the equipment. 7.04 The GPD shall ensure that any employee who will be accessing BPD'S pawned property information system has received all scheduled training established or arranged by IS prior to accessing BPD's pawned property information system. 7.05 The GPD shall immediately report to IS, the termination or resignation of any employee who had been granted access pursuant to this Agreement. The notification is necessary to ensure and maintain the security and integrity of BPD'S pawned property information system. 7.06 The GPD shall ensure that users in its' department do not exchange passwords, leave "signed-on" devices unattended, or release any information obtained pursuant to this Agreement other than for official purposes related to operations of the GPD. 7.07 The GPD shall ensure that"spool files"are printed immediately, i.e., all reports generated pursuant to access to BPD'S pawned property information system are to be printed. ARTICLE VIII. 8.01 This Agreement may be amended by the mutual agreement of the parties hereto in writing, and any amendment shall be attached to and incorporated into this Agreement. ARTICLE IX. 9.01 In case 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 enforceability shall not effect any other provision thereof,and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained herein. 5 ARTICLE X. 10.01 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 promises relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. EFFECTIVE this day of , 20 CITY OF BEAUMONT, TEXAS JEFFERSON COUNTY, TEXAS By: By: Stephen J. Bonczek, City Manager Date Carl Griffith, Jr. County Judge Date BEAUMONT POLICE DEPARTMENT CITY OF GROVES, TEXAS By: By: Tom Scofield, Chief of Police Date Dave Brinson, City Manager Date GROVES POLICE DEPARTMENT By: Steve Savoy, City Marshall Date 6 D A A.. City of Beaumont Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joris P. Colbert, City Engineer MEETING DATE: November 6, 2001 AGENDA MEMO DATE: October 30, 2001 REQUESTED ACTION: Council consider a resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements in Pine Glen Fourth Addition, Phase One. RECOMMENDATION Administration recommends approval of Lori Lane from existing Tolivar Road approximately 990 feet south to proposed Sheila Lane and Sheila Lane from existing Sheila Lane approximately 305 feet west to three OM-4P end of roadway markers and also the Water and Sanitary Sewer Improvements for Lots 1 - 34, and Lots 1 - 5. Also, approximately 1,170 feet of 6" water line extending west along Tolivar Road and approximately 464 feet of an 8"sanitary sewer line extending west along Tolivar Road to the proposed lift station. BACKGROUND The aforementioned improvements in the subdivision passed final inspection from all entities involved on October 29, 2001. BUDGETARY IMPACT None. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager, Public Works Director and City Engineer. RECOMMENDED MOTION Approve/Deny the resolution accepting maintenance of the street, storm sewer, water and sanitary sewer improvements including the Lift Station in Pine Glen Fourth Addition, Phase One. pngln/jld 0 X JACKIE It uu x SEMILY ALECE 0 C PHYLLIS O � eRETr � °g CUNT M'� m KRISTIN = M � WESTERN U �y INDIAN TRAIL ro O��� rn FORREST GLADE m TO HWY 90 MAJOR DRIVE Ch co O �-3 N oy 1 E1 City f Beaumont o Council Agenda Item TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Tyrone E. Cooper, First Assistant City Attorney MEETING DATE: November 6, 2001 AGENDA MEMO DATE: November 1, 2001 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit of James R. Hucker v City of Beaumont et al RECOMMENDATION Council approval of a resolution authorizing the settlement of the lawsuit James R. Hucker v City of Beaumont, et al . BACKGROUND Council discussed the settlement of this lawsuit in executive session Tuesday, October 30, 2001. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amount of One-Hundred Fifty-Thousand ($150,000) Dollars to James R. Hucker. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the settlement of the lawsuit James R. Hucker v City of Beaumont, et al GXG%GENDAUiucker 11-01-01.wpd RESOLUTION NO. WHEREAS, the lawsuit of James R. Hucker v City of Beaumont, et al has been discussed in an Executive Session properly called and held Tuesday, October 9, 2001; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of James R. Hucker v City of Beaumont et al in the amount of One-Hundred Fifty-Thousand($150,000) Dollars. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2001. - Mayor - G:\CG\RESOLUTI\CL.ANNLAW.DOCWucker Res )I Cit y of Beaumont 72ij C ouncil Agenda Item • & TO: City Council FROM: Stephen J. Bonczek, City Manager PREPARED BY: Joe Sanders, Senior Assistant City Attorney MEETING DATE: November 6, 2001 AGENDA MEMO DATE: November 1, 2001 REQUESTED ACTION: Consider a resolution authorizing the settlement of the lawsuit of Sandra Pope v City of Beaumont. et al RECOMMENDATION Council approval of a resolution authorizing the lawsuit settlement of Sandra Pom v_ City of Beaumont, et al. BACKGROUND Council discussed the settlement of this lawsuit in executive session Tuesday, October 9, 2001. BUDGETARY IMPACT There are sufficient funds in the Liability Trust Fund to pay the settlement amounts of Two-Hundred Ten-Thousand ($210,000) Dollars to Sandra Pope v City of Beaumont, et al. PREVIOUS ACTION None. SUBSEQUENT ACTION None. RECOMMENDED BY City Manager and City Attorney. RECOMMENDED MOTION Approve/Deny a resolution authorizing the lawsuit settlement of Sandra Pope v City of Beaumont, et al. GAMAGENDA\Pope 11-01-01.wpd RESOLUTION NO. WHEREAS, the lawsuit of Sandra Pope v City of Beaumont et al has been discussed in an Executive Session properly called and held Tuesday, October 9, 2001; and, WHEREAS, the Council desires to authorize the settlement of the lawsuit; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Attorney be, and he is hereby, authorized to settle the lawsuit of Sandra Pope v City of Beaumont et al in the amount of Two-Hundred Ten-Thousand ($210,000) Dollars payable to Sandra Pope and her attorney, Lance Bradley. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 6th day of November, 2001. - Mayor- GAMRESOLUTACLA KAW.DOMPope LLAWSUIT-10-01—JS.wpd