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HomeMy WebLinkAboutRES 09-215 RESOLUTION NO. 09-215 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Use and Maintenance Agreement with the Southeast Texas Auto Theft Task Force ("Task Force") and Hardin County to transfer title of a 2009 Ford F150, purchased in the name of the City of Beaumont,to the Hardin County Sheriff's Office for use by the Task Force. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of July, 2009. or ` �1�II ,/Mayor Becky Ames - eW i SOUTHEAST TEXAS AUTO THEFT TASK FORCE USE AND MAINTENANCE AGREEMENT For one dollar ($1.00) and other consideration, consideration of which is herein acknowledged, the Southeast Texas Auto Theft Task Force (hereinafter referred to as "Task Force") agrees, via its Project Director, to transfer title of the vehicle identified as a 2009 Ford F 150, VIN 1FTPX14V69KC82426, (which vehicle was acquired with Task Force grant funds for use by the Task Force and is currently titled to the City of Beaumont) to Hardin County, Texas under the following terms and conditions: 1) The vehicle identified above (hereinafter referred to as "the vehicle") shall be maintained by Hardin County, Texas in accordance with the maintenance standards established by the manufacturer. All maintenance records on the vehicle shall promptly be provided to the Task Force and shall be available upon request to the Task Force. 2) The vehicle shall be used for Task Force purposes and is to be driven solely by the one or more designated peace officers of Hardin County, Texas who is/are assigned to the Task Force. 3) By assuming title to the vehicle, Hardin County, Texas agrees to be responsible for all damages to the vehicle, and all maintenance and repairs to the vehicle, in accordance with manufacturer's standards for the period of time that Hardin County, Texas retains title. Specifically, if the vehicle is damaged while in the possession of Hardin County, Texas, the Task Force will be reimbursed by Hardin County, Texas for either the reasonable replacement(in accordance with NADA values & standards) or reasonable repair(in accordance with manufacturer's standards). Further, Hardin County, Texas, by assuming title to the vehicle, agrees not to sell or transfer title of the vehicle without approval in writing from the Task Force via its Project Director. Further, Hardin County, Texas also hereby agrees that all proceeds from any such sale or transfer of the vehicle shall be payable to the Task Force and will be so paid to the Task Force. 4)Further, if at any time the vehicle ceases to be used in accordance the terms and conditions of the Interlocal Agency Agreement governing the Task Force and/or this agreement, then Hardin County, Texas agrees to transfer title of the vehicle to the Task Force. Specifically, upon written request from the Task Force Project Director for return of the vehicle, Hardin County, Texas hereby agrees that it will transfer title of the above identified vehicle to the ATPA/Southeast Texas Auto Theft Task Force within 30 (thirty) days. 5) If the vehicle is damaged while titled to Hardin County, Texas, Hardin County, Texas hereby agrees to make all necessary repairs to the vehicle, within 60 (sixty) days, in accordance with manufacturer's standards, so as to maintain reasonable replacement value of the vehicle. 6) If the vehicle is damaged beyond reasonable repair(i.e. totaled) Hardin County, Texas EXHIBIT "A" will promptly pay the Task Force the NADA replacement value of the vehicle within 90 (ninety) days. 7)This agreement will continue in effect for 60 (sixty) days after the expiration of the Interlocal Agency Agreement establishing the Southeast Texas Auto Theft Task Force, as long as efforts are being made to renew the Interlocal Agency Agreement establishing the Southeast Texas Auto Theft Task Force. 8) It is understood and agreed that the Task Force will have no responsibility for the operation or maintenance of the vehicle while it is titled to Hardin County, Texas. Hardin County, Texas will be responsible for the vehicle, while it retains title, in accordance with the provisions of the Texas Tort Claims Act and Texas law. Hardin County,Texas agrees and understands that it will be solely responsible for any negligent operation of the vehicle resulting in property damage and/or personal injuries. 9) Title to the vehicle will be transferred promptly after execution of this agreement by all signatories, and not later than 30 (thirty) days after execution of this agreement. 10) This document constitutes the entire agreement among the parties concerning the vehicle identified in this agreement and any changes or amendments shall be in writing and signed by all parties or their duly appointed representatives. Kyle Hayes City Manager C' ea nt County udge Hardin ty, Texas Lt. aren Froman Project Director Southeast Texas Auto Theft Task Force I SOUTHEAST TEXAS AUTO THEFT TASK FORCE USE AND MAINTENANCE AGREEMENT For one dollar($1.00) and other consideration, consideration of which is herein acknowledged, the Southeast Texas Auto Theft Task Force (hereinafter referred to as "Task Force") agrees, via its Project Director, to transfer title of the vehicle identified as a 2009 Ford F150, VIN 1FTPX14V69KC82426, (which vehicle was acquired with Task Force grant funds for use by the Task Force and is currently titled to the City of Beaumont) to Hardin County, Texas under the following terms and conditions: 1) The vehicle identified above (hereinafter referred to as "the vehicle") shall be maintained by Hardin County, Texas in accordance with the maintenance standards established by the manufacturer. All maintenance records on the vehicle shall promptly be provided to the Task Force and shall be available upon request to the Task Force. 2) The vehicle shall be used for Task Force purposes and is to be driven solely by the one or more designated peace officers of Hardin County, Texas who is/are assigned to the Task Force. 3) By assuming title to the vehicle, Hardin County, Texas agrees to be responsible for all damages to the vehicle, and all maintenance and repairs to the vehicle, in accordance with manufacturer's standards for the period of time that Hardin County, Texas retains title. Specifically, if the vehicle is damaged while in the possession of Hardin County, Texas, the Task Force will be reimbursed by Hardin County, Texas for either the reasonable replacement (in accordance with NADA values & standards) or reasonable repair(in accordance with manufacturer's standards). Further, Hardin County, Texas, by assuming title to the vehicle, agrees not to sell or transfer title of the vehicle without approval in writing from the Task Force via its Project Director. Further, Hardin County, Texas also hereby agrees that all proceeds from any such sale or transfer of the vehicle shall be payable to the Task Force and will be so paid to the Task Force. 4)Further, if at any time the vehicle ceases to be used in accordance the terms and conditions of the Interlocal Agency Agreement governing the Task Force and/or this agreement, then Hardin County, Texas agrees to transfer title of the vehicle to the Task Force. Specifically, upon written request from the Task Force Project Director for return of the vehicle, Hardin County, Texas hereby agrees that it will transfer title of the above identified vehicle to the ATPA/Southeast Texas Auto Theft Task Force within 30 (thirty) days. 5) If the vehicle is damaged while titled to Hardin County, Texas, Hardin County, Texas hereby agrees to make all necessary repairs to the vehicle, within 60 (sixty) days, in accordance with manufacturer's standards, so as to maintain reasonable replacement value of the vehicle. 6) If the vehicle is damaged beyond reasonable repair (i.e. totaled) Hardin County, Texas will promptly pay the Task Force the NADA replacement value of the vehicle within 90 (ninety) days. 7)This agreement will continue in effect for 60 (sixty) days after the expiration of the Interlocal Agency Agreement establishing the Southeast Texas Auto Theft Task Force, as long as efforts are being made to renew the Interlocal Agency Agreement establishing the Southeast Texas Auto Theft Task Force. 8) It is understood and agreed that the Task Force will have no responsibility for the operation or maintenance of the vehicle while it is titled to Hardin County, Texas. Hardin County, Texas will be responsible for the vehicle, while it retains title, in accordance with the provisions of the Texas Tort Claims Act and Texas law. Hardin County,Texas agrees and understands that it will be solely responsible for any negligent operation of the vehicle resulting in property damage and/or personal injuries. 9) Title to the vehicle will be transferred promptly after execution of this agreement by all signatories, and not later than 30 (thirty) days after execution of this agreement. 10) This document constitutes the entire agreement among the parties concerning the vehicle identified in this agreement and any changes or amendments shall be in writing and signed by all parties or their duly appointed representatives. Kyle Hayes City Manager C' ea nt County udge Hardi ty, Texas Lt. aren Froman Project Director Southeast Texas Auto Theft Task Force I'