HomeMy WebLinkAboutRES 22-267RESOLUTION NO_ 22-267
BE IT RESOLA/EID BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager or his designee be and they are hereby authorized to
execute an Interlocal Agreement between the City of Beaumont and all participating
subgrantees in the Southeast Texas Auto Theft Task Force. The Interlocal Agreement is
substantially in the form attached hereto as Exhibits "A" and "B" and made a part hereof
for all purposes.
13E IT FURTHER RESOLA/E[D THAT the City Manager be and he is hereby
authorized to execute all documents related to executing this agreement.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSEE) BY THE CITY COUNCIL of the City of Beaumont this the 98th day of
October, 2022_r_tjy�,,
O.
s
ie�
Mayor Robin outon -
INTERLOCAL AGREEMENT
SOUTHEAST TEXAS AUTO THEFT TASK FORCE
STATE OF TEXAS §
COUNTY OF JEFFERSON §
This Interlocal Agreement is entered into by and 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, Texas Government Code,
Chapter 791.
WITNESSETH
WHEREAS, Beaumont, Port Arthur, Hardin County, Jasper County, Jefferson
County, and Orange County, collectively herein after referred to as "Parties", have the objective
to participate in a combined task force funded by the Motor Vehicle Crime Prevention Authority
(MVCPA) of the State of Texas, in the amount of $583,951.00 for the Southeast Texas Auto Theft
Task Force, and,
WHEREAS, the Parties has agreed to contribute the total of $137,000.00 in matching
funds and $456,300.00 in in -kind matching funds if said grant application is approved; and,
WHEREAS, the source of funds would not normally be used for this purpose; and,
WHEREAS, the Parties believe it to be in their best interests to continue a
multijurisdictional MVCPA Task Force; and
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page I 1
EXHIBIT "A"
WHEREAS, the Parties agree to each accept the responsibility and to adhere to all
applicable federal, state, and local laws or regulations
NOW THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE I. PURPOSE
1 .01 The purpose of this Agreement is to allow Beaumont (Grantee) to file an application for a
grant with the Motor Vehicle Crime Prevention Authority (Agency), which application is attached
hereto as Exhibit "A" and made a part hereof for all purposes.
ARTICLE II. TERM
2 .01 The term of this Agreement is to commence on September 1, 2022 and to end August 31,
2023.
ARTICLE III. CONSIDERATION
3.01 As consideration for this Agreement, the Parties agrees to contribute a total of $137,000.00
in matching funds and $456,300.00 in in -kind matching funds for the enhancement of the funded
grant program in the amounts and methods as follows:
e
Supplies and Direct Operating
$52,000.00
Cash Match Expenditures paid by Beaumont
Expenses (Task Force Office and
Warehouse Lease
Professional and Contractual
$30,000.00
Fringe paid by Port Arthur in lieu of match
Services (Investigator's Benefits
for Port Arthur employee)
Professional and Contractual
$30,000.00
Fringe paid by Jefferson County in lieu of
Services (Investigator's Benefits
match
for Jefferson County employee)
Professional and Contractual
$25,000.00
Fringe paid by Hardin County in lieu of match
Services (Investigator's Benefits
for Hardin County employee)
Jasper County
0
Orange Coun
0
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 12
Beaumont
$442,800.00
In kind Match Expenditures paid by Beaumont
(Personnel, Fringe, Overtime,
Travel, Supplies and Direct
Operating Expenses)
Port Arthur
$4,500.00
In kind Match Expenditures paid by Port Arthur
(Supplies and Direct Operating
Expenses)
Jefferson County
$4,500.00
In kind Match Expenditures paid by Jefferson
(Supplies and Direct Operating
County
Expenses)
Hardin County
$4,500.00
In kind Match Expenditures paid by Hardin
(Supplies and Direct Operating
County
Expenses)
Jasper County0
Orange Coun
0
3406,30.�9
ARTICLE IV. ALLOCATION OF FUNDS
4.01 The specific allocation of the Parties fund is set out in the attachment to this Agreement,
marked as Exhibit "B", and made a part hereof for all purposes.
ARTICLE V. EQUIPMENT
5 .01 Upon termination of this Agreement, equipment including vehicles, hardware, and other
non -expendable items will revert to the applicant. The Motor Vehicle Crime Prevention Authority
of the State of Texas will be notified and inventory records will be updated.
ARTICLE VI. AMENDMENTS
6 .01 This Agreement may be amended by the mutual agreement of the parties hereto in writing
to be attached to and incorporated into this Agreement.
ARTICLE VII. LEGAL CONSTRUCTION
7.01 In the event any one or more of the provisions contained in this Agreement shall be held to
be invalid, illegal, or unenforceable in any respect such invalidity, illegality, or unenforceability
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 13
shall not affect any other provision thereof and this Agreement shall be construed as if such invalid,
illegal, or unenforceable provision had never been contained herein.
ARTICLE VIII. UNIFORM ASSURANCES
8.01 In accordance with §783.005 of the Texas Government Code Grantee and sub -grantee shall
comply with the following uniform assurances:
Byrd Anti -Lobbying Amendment - Grantee certifies that no federal appropriated funds
have been paid or will be paid to any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, an officer or employee of
Congress, or an employee of a member of Congress on its behalf to obtain, extend, or modify this
contract or grant. If non-federal funds are used by Grantee to conduct such lobbying activities, the
prescribed disclosure form shall promptly be filed. In accordance with 31 U.S.C. § 1352(b)(5),
Grantee acknowledges and agrees that it is responsible for ensuring that each sub -grantee certifies
its compliance with the expenditure prohibition and the declaration requirement.
Child Support Obligation - Grantee represents and warrants that it will include the
following clause in the award documents for every sub -award and subcontract and will require
sub -recipients and contractors to certify accordingly: Under Section 231.006 of the Family Code,
the vendor or applicant certifies that the individual or business entity named in this contract, bid
or application is not ineligible to receive the specified grant, loan, or payment and acknowledges
that this contract may be terminated and payment may be withheld if this certification is inaccurate.
A bid or an application for a contract, grant, or loan paid from state funds must include the name
and social security number of the individual or sole proprietor and each partner, shareholder, or
owner with an ownership interest of at least 25 percent of the business entity submitting the bid or
application.
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 14
Clean Air Act & Federal Water Pollution Control Act - Grantee represents and warrants
that it will comply with all applicable standards, orders or regulations issued pursuant to the Clean
Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33
U.S.C. 1251-1387).
Compliance with Laws, Rules and Requirements - Grantee represents and warrants that it
will comply, and assure the compliance of all its sub -recipients and contractors, with all applicable
federal and state laws, rules, regulations, and policies in effect or hereafter established. In addition,
Grantee represents and warrants that it will comply with all requirements imposed by the awarding
agency concerning special requirements of law, program requirements, and other administrative
requirements. In instances where multiple requirements apply to Grantee, the more restrictive
requirement applies.
Contract Oversight - Grantee represents and warrants that it will maintain oversight to
ensure that contractors perform in accordance with the terms, conditions, and specifications of
their contracts or purchase orders.
Contract Work Hours & Safety Standards Act - Grantee represents and warrants that it will
comply with the requirements of the Contract Work Hours and Safety Standards Act (40 U.S.C.
3701-3708).
Cybersecurity Training Program - Grantee represents and warrants its compliance with §
2054.5191 of the Texas Government Code relating to the cybersecurity training program for local
government employees who have access to a local government computer system or database. If
Grantee has access to any state computer system or database, Grantee shall complete cybersecurity
training and verify completion of the training program to the Agency pursuant to and in accordance
with § 2054.5192 of the Government Code.
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 15
Davis -Bacon Act and the Copeland Act - Grantee represents and warrants that it will
comply with the requirements of the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction") and the
Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874).
Debarment and Suspension - Grantee certifies that it and its principals are not suspended
or debarred from doing business with the state or federal government as listed on the State of Texas
Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System
for Award Management (SAM) maintained by the General Services Administration.
Debts and Delinquencies - Grantee agrees that any payments due under the contract or
grant shall be applied towards any debt or delinquency that is owed to the State of Texas.
Disaster Recovery Plan - Upon request of Agency, Grantee shall provide copies of its most
recent business continuity and disaster recovery plans.
Disclosure of Violations of Federal Criminal Law - Grantee represents and warrants its
compliance with 2 CFR § 200.113 which requires the disclosure in writing of violations of federal
criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or
administrative proceedings to SAM.
Disclosure Protections for Certain Charitable Organizations, Charitable Trusts & Private
Foundations- Grantee represents and warrants that it will comply with Section 2252.906 of the
Texas Government Code relating to disclosure protections for certain charitable organizations,
charitable trusts, and private foundations.
Dispute Resolution - The dispute resolution process provided in Chapter 2009 of the Texas
Government Code is available to the parties to resolve any dispute arising under the agreement.
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 16
Excluded Parties - Grantee certifies that it is not listed in the prohibited vendors list
authorized by Executive Order No. 13224, `Blocking Property and Prohibiting Transactions with
Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States
Department of the Treasury, Office of Foreign Assets Control.
Executive Head of a State Agency Affirmation - Under Section 669.003 of the Texas
Government Code, relating to contracting with an executive head of a state agency, Grantee
represents that no person who served as an executive of Agency, in the past four (4) years, was
involved with or has any interest in the contract or grant. If Grantee employs or has used the
services of a former executive of Agency, then Grantee shall provide the following information in
the Response: name of the former executive, the name of the state agency, the date of separation
from the state agency, the position held with Grantee, and the date of employment with Grantee.
Funding Limitation - Grantee understands that all obligations of Agency under the contract
or grant are subject to the availability of grant funds. The contract or grant is subject to termination
or cancellation, either in whole or in part, without penalty to Agency if such funds are not
appropriated or become unavailable.
Governing Law & Venue - This agreement shall be governed by and construed in
accordance with the laws of the State of Texas, without regard to the conflicts of law provisions.
The venue of any suit arising under this agreement is fixed in any court of competent jurisdiction
of Travis County, Texas, unless the specific venue is otherwise identified in a statute that directly
names or otherwise identifies its applicability to the contracting state agency.
Indemnification - to the extent permitted by law Grantee shall defend, indemnify and hold
harmless the state of Texas and agency, and/or their officers, agents, employees, representatives,
contractors, assignees, and/or designees from any and all liability, actions, claims, demands, or
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 17
suits, and all related costs, attorney fees, and expenses arising out of, or resulting from any acts or
omissions of Grantee or its agents, employees, subcontractors, order fulfillers, or suppliers of
subcontractors in the execution or performance of the contract and any purchase orders issued
under the contract. The defense shall be coordinated by Grantee with the office of the Texas
Attorney General when Texas state agencies are named defendants in any lawsuit and Grantee
may not agree to any settlement without first obtaining the concurrence from the office of the
Texas Attorney General. Grantee and agency agree to furnish timely written notice to each other
of any such claim.
Law Enforcement Agency Grant Restriction - Grantee on behalf of Southeast Texas Auto
Theft Task Force is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations
Code, Grantee represents and warrants that it will not use appropriated money unless the law
enforcement agency is in compliance with all rules adopted by the Texas Commission on Law
Enforcement (TCOLE), or TCOLE certifies that it is in the process of achieving compliance with
such rules.
Legal Authority - Grantee represents that it possesses legal authority to apply for the grant.
A resolution, motion or similar action has been duly adopted or passed as an official act of the
Grantee's governing body, authorizing the filing of the Response, including all understandings and
assurances contained therein, and directing and authorizing the person identified as the official
representative, or the designee of Grantee to act in connection with the Response and to provide
such additional information as may be required.
Lobbying Expenditure Restriction - Grantee represents and warrants that Agency's
payments to Grantee and Grantee's receipt of appropriated or other funds under the contract or
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 18
grant are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code which
restrict lobbying expenditures
No Conflicts of Interest State - Grantee represents and warrants that performance under the
contract or grant will not constitute an actual or potential conflict of interest or reasonably create
an appearance of impropriety. Further, Grantee represents and warrants that in the administration
of the grant, it will comply with all conflict of interest prohibitions and disclosure requirements
required by applicable law, rules, and policies, including Chapter 176 of the Texas Local
Government Code. If circumstances change during the course of the contract or grant, Grantee
shall promptly notify Agency.
No Waiver of Sovereign Immunity - The Parties expressly agree that no provision of the
grant or contract is in any way intended to constitute a waiver by the Agency or the State of Texas
of any immunities from suit or from liability that the Agency or the State of Texas may have by
operation of law.
Open Meetings - Grantee represents and warrants its compliance with Chapter 551 of the
Texas Government Code which requires all regular, special or called meeting of a governmental
body to be open to the public, except as otherwise provided by law.
Texas Public Information Act - Information, documentation, and other material in
connection with this Solicitation or any resulting contract or grant may be subject to public
disclosure pursuant to Chapter 552 of the Texas Government Code (the "Public Information Act").
In accordance with Section 2252.907 of the Texas Government Code, Grantee is required to make
any information created or exchanged with the State pursuant to the contract or grant, and not
otherwise excepted from disclosure under the Texas Public Information Act, available in a format
that is accessible by the public at no additional charge to the State.
Interlocal with Southeast Texas Auto Theft "Task Force - MVCPA Grant FY2023 Page 19
Reporting Compliance - Grantee represents and warrants that it will submit timely,
complete, and accurate reports in accordance with the grant and maintain appropriate backup
documentation to support the reports.
Records Retention State Grant - Grantee shall maintain and retain all records relating to
the performance of the grant including supporting fiscal documents adequate to ensure that claims
for grant funds are in accordance with applicable State of Texas requirements. These records will
be maintained and retained by Grantee for a period of four (4) years after the grant expiration date
or until all audit, claim, and litigation matters are resolved, whichever is later. Agency reserves
the right to direct a Grantee to retain documents for a longer period of time or transfer certain
records to Agency custody when it is determined the records possess longer term retention value.
Grantee must include the substance of this clause in all subawards and subcontracts.
Reporting Suspected fraud and Unlawful Conduct - Grantee represents and warrants that it
will comply with Section 321.022 of the Texas Government Code, which requires that suspected
fraud and unlawful conduct be reported to the State Auditor's Office.
State Auditor's Right to Audit - The state auditor may conduct an audit or investigation of
any entity receiving funds from the state directly under the contract or indirectly through a
subcontract under the contract. The acceptance of funds directly under the contract or indirectly
through a subcontract under the contract acts as acceptance of the authority of the state auditor,
under the direction of the legislative audit committee, to conduct an audit or investigation in
connection with those funds. Under the direction of the legislative audit committee, an entity that
is the subject of an audit or investigation by the state auditor must provide the state auditor with
access to any information the state auditor considers relevant to the investigation or audit.
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 110
Sub -award Monitoring - Grantee represents and warrant that it will monitor the activities
of the sub -grantee as necessary to ensure that the sub -award is used for authorized purposes, in
compliance with applicable statutes, regulations, and the terms and conditions of the sub -award,
and that sub -award performance goals are achieved.
ARTICLE X. FINANCIAL ADMINISTRATION
10.01 In accordance with §783.006 of the Texas Government Code Standard Financial
Management Conditions the prescribed are applicable to all grants and agreements executed
between affected entities:
Financial reporting - Accurate, current, and complete disclosure of the financial results of
grant related activities must be made in accordance with the financial reporting requirements of
the grant.
Accounting records - Grantee will maintain records, which adequately identify the source
and application of funds, provided for grant related activities. These records will contain
information pertaining to grant awards and obligations, unobligated balances, assets, liabilities,
outlays or expenditures, and income.
Internal control - Effective control and accountability will be maintained for all grant cash,
real and personal property, and other assets. Grantee will safeguard all such property and assure
that it is used for authorized grant purposes.
grant.
Page Budget control - Actual expenditures will be kept within budgeted amounts for each
Allowable cost - Applicable cost principles, agency program regulations, and the terms of
grant agreements shall be followed in determining the reasonableness, allowability, and
allocability of costs.
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 111
Source documentation - Accounting records must be supported by such source
documentation as checks, paid bills, payroll records, receipts, timesheets, travel vouchers, and
other records, etc. These source documents must be retained and made available for MVCPA staff
when requested.
Cash management - Grantee will establish reasonable procedures to ensure the receipt of
reports on cash balances and cash disbursements in sufficient time to enable them to prepare
complete and accurate cash transactions reports to the awarding agency.
Reimbursement Grant - All expenditures reported will be based on actual amounts paid
and documented. Reporting budgeted amounts or estimated costs as expenditures are not
permitted and if used may result in payment suspension and possible termination of the grant.
Costs Incurred outside the Program Period - Grant funds may not be obligated prior to the
effective date without written permission of the MVCPA director or subsequent to the termination
date of the grant period. All obligations must be consistent with the Statement of Grant Award
and used for statutorily authorized purposes.
ARTICLE XI. COMPLIANCE
11 .01 Grantee and subgrantee will comply with state law, program rules and regulations and the
Statement of Grant Award. In addition, Grantee and sub -grantee represents and warrants that it
will comply with all requirements imposed by the awarding agency concerning special
requirements of law, program requirements, and other administrative requirements. Information,
guidance and program rules can be found in the Motor Vehicle Crime Prevention Authority Grant
Administrative Manual and if not found in the administrative manual then grantee and subgrantee
must follow the Texas Grant Management Standards maintained under the authority of the Texas
Comptroller of Public Accounts. These grant management standards are used by the Motor
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 112
Vehicle Crime Prevention Authority in the administration of the MVCPA grant program.
Sub -grantee Monitoring and Management - The local government must monitor the
activities of the sub -grantee as necessary to ensure that sub -award performance goals are achieved
and the sub -award is used for authorized purposes, in compliance with state law, rules, and the
terms and conditions of the sub -award. Monitoring of the sub -grantee must include:
(1) Reviewing financial and performance reports required by the local government.
(2) Following -up and ensuring that the sub -grantee takes timely and appropriate action on
all deficiencies pertaining to the sub -award provided to the sub -grantee from the local
government detected through audits, on -site reviews, and other means.
(3) Issuing a management decision for audit findings pertaining to the sub -award provided
to the sub -grantee from the local government as required.
ARTICLE XII. ENTIRE AGREEMENT
12.01 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
promise relating to the subject matter of this Agreement which is not contained herein shall be
valid or binding upon all Parties.
EXECUTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE
FULL FORCE AND EFFECT OF AN ORIGINAL, EFFECTIVE SEPTEMBER 1, 2022.
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 113
EXECUTED by the City of Beaumont this day of
2022
CITY OF BEAUMONT, TEXAS
M.
Kenneth Williams, City Manager
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 114
EXECUTED by the City of Port Arthur this day of
2022
CITY OF PORT ARTHUR, TEXAS
Ronald Burton, City Manager
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 115
EXECUTED by Jefferson County this day of
2022
JEFFERSON COUNTY, TEXAS
IM
Jeff Branick, County Judge
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 116
EXECUTED by Hardin County this day of
2022
HARDIN COUNTY, TEXAS
Wayne McDaniel, County Judge
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 117
EXECUTED by Jasper County this day of
/71➢j
JASPER COUNTY, TEXAS
Mark Allen, County Judge
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 118
EXECUTED by Orange County this day of
2022
ORANGE COUNTY, TEXAS
John Gothia, County Judge
Interlocal with Southeast Texas Auto Theft Task Force - MVCPA Grant FY2023 Page 119