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Home My WebLink AboutRES 20-220RESOLUTION NO. 20-220 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement with Jefferson County for reimbursement in an amount up to $8,775.00 for lease vehicle expenses related to the High Intensity Drug Trafficking Areas (HIDTA) program for the purpose of reducing drug trafficking and production. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 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. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of October, 2020. 3 r Becky Ames asset "� INTERLOCAL CONTRACT THIGH INTENSITY DRUG TRAFFiCKING AREAS GRANT PROGRAM STATE OF TEXAS )( COUNTY OFJEFFERSON)( CITY OF BEAUMONT )( INTER -LOCAL AGREEMENT This Interlocal Contract, (*Contract's) is entered into between the City of Beaumont, a municipal corporation situated in Jefferson County, Texas, (*Beaumont*) and Jefferson County, a political subdivision of the state of Texas (*Jefferson County*). Pursuant to the Interlocal Cooperation Act, Tex, Gov't Code Ann. Sec. 791.001, 791.027 (Vernon 1997). WITNIESSETH Whereas, Beaumont and Jefferson County collectively herein after referred to as "Parties", seek to contract or agree with each other to perform certain governmental functions and services In a Joint cooperative effort which is known as the High Intensity Drug Trafficking Areas program grant (*HIDTA*); and Whereas, the Parties_are each Independently authorized, pursuant to Tex. Gov't. Code Ann. Sec. 791.001 to enter Into a Joint contract to provide a governmental function or service which each party to the Contract Is authorized to perform individually; and Whereas, the Parties In performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and Whereas, the Parties finds that the performance of this Agreement Is in the best interests of the Parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing parry for the services or functions under this agreement: and Whereas, Jefferson County has been designated the fiduciary for the HIDTA grant program and Beaumont is designated as a contractor. The total funding for this grant program Is $50,000 with $16,200 allocated to lease vehicles forSeptember 1, 2020—September 30, 2020, award number G19HN0029A and October 1, 2020 — September 30, 2021, award number G20HN0029A : and Whereas, the Parties believe that It Is in their mutual interest to enter into this Contract to carry -out operations of the HIDTA grant program; and Whereas, the Parties agree to abide by all pertinent federal, state and local laws and regulations, EXHIBIT "A" NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: SECTION 1. 1.1 Jefferson County agrees to act as the fiscal agent in applying for, dispersing, monitoring and reporting for this HIDTA grant prograin. 1.2 Jefferson County agrees to use funding for the lease of one vehicle not to exceed the cost of $8,775. 1.3 Beaumont agrees to use the funding for the lease of one vehicle not to exceed the cost of $8,775. 1.4 The Parties to this Contract hereby mutually agreo to cooperate to whatever extent is necessary to carryout the work plan set forth in the HIDTA grant program. SECTION 2. 2.1 The term of this Contract shall be for a period of September 1,1020 through September 30, 2021 subject to other termination rights of the Parties as established in this document. SECTION 3. 3.1 Jefferson County is designated as the primary agency (*GRANTEE*) for purposes of this Contract and for purposes of receipt and disbursement of all funds received from the HIDTA grant program. SECTION 4. 4.1 Upon termination of this Contract, right, title and ownership of non -expendable property acquired pursuant to this Contract will revert to the Individual party for which it was acquired, subject to the statutes of the State of Texas and approval of the HIDTA grant program. Section S. 5.1 Beaumont and Jefferson County, as political subdivisions, are governed by the Texas Tort Claims Act,.Chapter 101,001 et seq,, Civil Practice and Remedies Code. Geaurnont and Jefferson County warrant and represent to each other that they are self- Insured -or commercially Insured for all claims falling within the Texas Tort Claims Act. 2 5,2 Each party to this Contract agrees that it shall have no liability whatsoever for acts or omissions of an Individual employed by another party regardless of where the Individual's actions occurred, Each party Is solely responsible for the action and/or omissions of its employees and officers, SECTIOiN 6. 6.1 This Contract may only be amended by mutual agreement of the Parties hereto In writing and any amendments shall be attached to and Incorporated into this Contract. 6.2 In case any one or more of the provisions contained in this Contract shall be held to be Invalid, illegal or unenforceable In any aspect, such invalidity, illegality or unenforceabllity shall not affect any other provision of the Contract, and this Contract shall be construed as if such invalid, Illegal or unenforceable provision had never been contained herein. SECTION 7. 7.1 This Contract supersedes any and all other agreements, either oral or In writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this agreement which Is not contained herein shall be valid or binding. 7.2 The Parties to this Agreement do not Intend for any third party to obtain a right by virtue of this Agreement. A ..f EXECUTED by Jefferson- my this day of 2020, JEFFERSO CO N T11 By: Jeff Oranick, CountyJudge EXECUTED? by the City of Beaumont this day of , 2020. CITY OF BEAUMONT, TEXAS By: Kyle Hayes, City Manager 3 Sttb Reoipient vs. Contractor Response Form " Grant iProject: GIONNORIM& 0202'002M 02fliaoosoA0FDANumber: 96,001 Circle a you or no answer and provldo an explonallon for the answer. Also Include references to the documentation used to at the answers. Use ilia last column to tdonll an arrive olhor factors not s octOcalt addressed that el ould be otx>aWerod material to the decision Contractor Sub Root Hon Used, udgement in maklnp �uotalona 1)` Provides the goods and aenrlom Within normal 1) Datermines who Is oligiblo to moolve what Federal businece operations, YCS NO a lento, 1) YES NO i Relofanoat Ovorlime Is a normal sorvi o Reference: Executive Board approves Moron= HIDTA pr ram Polio 2) P(ovidos slmllnr goods or uomeas to moray 2) Has Its performance measured In rotation 10 whether 2) ditto t rohaaere• YFS NO objectives of the Federal timarom were met. YES NO PMP only measures 1'ask Forces not Law Enforcement Roforanoe: Overthno la rohnburgod by Multiple granto Reforonoo: Purlloi ul)nfj Agencies are not msosurod Rot omo• HIDTA Pr ram Polls s) oo0y operates in a oonlpe0live onviroilmont. YES NO 3) Has responsibility for o rommatla decision making. YES C aj Na Referenoo: Took Foroau ooMWo for limited funds Reference:. Executive hoard boo that authority Rofaraioo: IAIDTA Pro rem Polls .� 4) Providoo goods and services Ihnl are ancillary to the 4) Is responolble for adheronca to applicable Federal operation of the Federal program. YES NO pmwki requirements opoofflod In ilia Federal award. YES NO a) Rofet oo: To Investigate arootka l(rifflokIno Reference: _Ovorlhno limits aub eat to compliance RQforanco: HIDTA Ara ram polio lS) In accordanco vlth its agreement, uses the Federal funds to carry outa program for a publlo purpose 6) l7 Is not eabjeat to compliance requirements of the apsdifcd In aulhorbt ng statute, as opposed to providing Federal program as a result of the agreomont, though goods or asrvloos for the benefit of the pass•through SMIDr raqulromonto may appf other reaeona, YES No entity Rehnburaomont limited to 26% YE3 NO 0812, Stop 1 RUB pay, RQfotonoo:Ovortinto Omits subject to compliance Reference: Provides Overtfine services when needed Ror reneo: HIDTA Program Polio Use cfJadaontent In maldngl dofemdnaflons. In delonnining w 181110r an agreement between a pans -through entity end another non•Fedeml entity oasts the latter as a sub'rodplont or a contractor, the substanoo of the rolatIonshlp Is more than important then the form of the agreement. All of the characterfellos listed above may not be present in all oneas, and the pass -through entity must "Be judgement in classifying each agreement se a sub -award or a preanroment OOntrac Sub Roalpiont vs. Contraotor Roeponeo Form OralliProject HIDTA _ CFDANumber. 88.001 ua9ea an -a proponeomilco of 7or aliawara And t119C110100 Will approprictO POCONO% this WHY has boon determined to be a: CONTRACTOR C XM SUB-RECIPiENT COM1,t2NM No 10011 Of the award to allocated ton nprilculm LTA-1 Enron omanl A11DR2Z. The Exaoullya 09ayrd huggeto fupjs ky allocallnu lho total award to Took Forces and to I IOntYQs, Parlla'pallns )caw EnforcomontAganclos do not submit a statomonl of work dolyembloo budnolsor any other typo of doeurnonts that are Tog uIrej of sub -rod lent's. Patftnflaq Law EnforcemantAlLenoles do not aney oul the Fodaral program as a oubstantivo nation of the 0110ra0 award. Poilldimling Law Enfotoemont A anolos are not IRQMduolly mensured 89101181 r ram ob ootiveo and in Oro annual report, only the HIOTA as RA hole to nlonsutod a oind o rem ob ootivos, ^ Me mnntn to eoniotnaling taw bnrorooment err na a Oro an n rotmblaaomeM baste and Ihoreforo the r000htlonte have no doctslon makln�ob'tlt�or Ote tunda." a ., i .t 011y of 0enumont