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2025-017 - Amending an Inter-Local Agreement between the City of Paris and Hopkins County concerning the Northeast Texas Auto Theft Task Force to allow Hopkins County Sheriff’s Department to fill the posRESOLUTION NO. 2025 - 017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF PARIS AND THE COUNTY OF HOPKINS CONCERNING THE NORTHEAST TEXAS AUTO THEFT TASK FORCE TO ALLOW HOPKINS COUNTY SHERIFF'S DEPARTMENT TO FILL THE POSITION VACATED BY THE NEW BOSTON POLICE DEPARTMENT; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the County of Hopkins and City of Paris desire to amend the Interlocal Agreement concerning the Northeast Texas Auto Theft Task Force funded by the Motor Vehicle Crime Prevention Authority (MVCPA) of the State of Texas, in the amount of FIVE HUNDRED FOURTEEN THOUSAND FOUR HUNDRED SIXTY DOLLARS AND NO/100 AND NO/100 ($514,460.00) to fill a position vacated by the New Boston Police Department; and, WHEREAS, the County of Hopkins has agreed to contribute the total of FORTY-FIVE THOUSAND ONE HUNDRED FIFTY DOLLARS AND NO/100 ($45,150.00) in matching funds and commit an additional Hopkins County Sheriff's Deputy to fill the position vacated by New Boston Police Department; and, WHEREAS, the County and City believe it to be in their mutual best interest to amend the Interlocal Agreement concerning the Northeast Texas Auto Theft Task Force funded by the Motor Vehicle Crime Prevention Authority (MVCPA); and WHEREAS, the County and City agree to each accept the responsibility and to adhere to all applicable federal, state, and local laws or regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved and are incorporated herein for all purposes. Section 2. That an Interlocal Agreement by and between the County of Hopkins and the City of Paris 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 FIVE HUNDRED FOURTEEN THOUSAND FOUR HUNDRED SIXTY DOLLARS AND NO/100 ($514,460.00), be amended to provide that Hopkins County will contribute the total of FORTY-FIVE THOUSAND ONE HUNDRED FIFTY DOLLARS AND NO/100 ($45,150.00) in matching funds and commit an additional Hopkins County Sheriff's Deputy to fill the position vacated by New Boston Police Department, and the City Manager is hereby authorized to execute same in the form of Exhibit A hereto on behalf of the City. Section 3. That this resolution shall be effective from and after the date of passage. PASSED AND APPROVED this 14th day of April, 2025. r, Deputy �C.I!v Clerk�� I/IoI111100 Mihir 'Pan aj,Aayor i11 . It I'll, I State of Texas This Amended Agreement is entered into by and between the County of Hopkins, a political subdivision of the State of Texas, hereinafter referred to as "County" and the Lily of Paris. a municipal corporation situated in Lamar County, Texas, hereinafter called "City" pursuant to the Interlocal Cooperation Act, Texas Government Code, Chapter 791. WITNESSETH WHEREAS, the CilgIlU of 11gLIkina and Lill of Paris agree 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 $514,460 for the Northeast Texas Auto Theft Task Force, and, WHEREAS, the LWUIIX_has agreed to contribute the total of $45,150 in 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 LqUal:Land Lily_believe it to be in their best interests to continue a multi -jurisdictional MVCPA Task Force; and WHEREAS, the Q111all and Lily agree to each accept the responsibility and to adhere to all applicable federal, state, and local laws or regulations ARTICLE I. PURPOSE 1 .01 The purpose of this Agreement is to allow the City (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 11. TERM 2 .01 The term of this Agreement is to commence on September 1, 2024 and to end August 31, 2025. ARTICLE 111, CONSIDERATION 3 .01 As consideration for this Agreement, the County (sub -grantee) agrees to contribute a total of $45,150 in matching funds in Support of the funded grant program in the amounts and methods as follows: Item Description Amount Method (Cash Paid/In Lieu of/In kind) Detective's Benefits (County $38,450.00 Fringe paid by County in lieu of match (Professional employees)___ and Contractual Services) Fuel for Detectives' Vehicle $6,700 Fuel costs paid by County in lieu of match (Supplies and Direct Operating Expenses) Interlocal Agreement (Amended) with County of Hopkins MVCPA Grant 2025 Page 1 I ARTICLE IV. ALLOCATION OF FUNDS 4 .01 The specific allocation of the County and City 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. AR,1'ICLE 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 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. 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. Interlocal Agreement (Amended) with County of Hopkins MVCPA Grant 2025 Page 12 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. 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. 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. Interlocal Agreement (Amended) with County of Hopkins MVCPA Grant 2025 Page 13 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 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 off -ice 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 Northeast 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 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 oflaw. Interlocal Agreement (Amended) with County of'Hopkins MVCPA Grant Page 14 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. 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 ofthe 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. Sub -award Monitoring- Grantee represents and warrant that it will monitor the activities ofthe 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 subaward performance goals are achieved. ARTICLEX. FINANCIAL ADMINISTRATION 10 .0I In accordance with §783,006 ofthe 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. Interlocal Agreement (Amended) with County of Hopkins MVCPA Grant Page 15 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. Page Budget control- Actual expenditures will be kept within budgeted amounts for each grant. 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. 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. Infon-nation, 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 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. Interlocal Agreement (Amended) with County of Hopkins MVCPA Grant 2025 Page 16 ExEcuTED IN DUPLICATE ORIGINALS, EACH OF WHICH SHALL HAVE THE FULL FORCE City of Paris by: ATTEST: gam- 8=1 wlmmejllmffnjv�� County of Hopkins by: Robert Newsom, County Judge Date Signed Evarms Lewis Tatum, Hopkins County Sheriff Interlocal Agreement (Amended) with County of Hopkins MVCPA Grant 2025 Page 17