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R-2015-064 2015-05-11RESOLUTION NO. R2015-64 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal Agreement with Brazoria County Tax Assessor -Collector implementation of a Scofflaw Program in accordance with Chapter 702 of the Texas Transportation Code. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and Brazoria County Tax Assessor -Collector, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with Brazoria County Tax Assessor -Collector. PASSED, APPROVED and ADOPTED this the 11th day of May, A.D., 2015. ATTEST: G LO' NG, TR SEC'' - ARY APPROVED AS TO FORM: F DARRIN VI. COKER CITY ATTORNEY TOM REID MAYOR CGG Resolution No. R2015-64 Exhibit "A" STATE OF TEXAS INTERLOCAL AGREEMENT - SCOFFLAW COUNTY OF BRAZORIA § This Agreement made and entered into this tillday of M 8 , 2015, by and between the County of Brazoria, hereinafter referred to as "County", with the agreement, consent, and participation of the Brazoria County Tax Assessor -Collector, hereinafter referred to as the "County or County Tax Assessor -Collector", and the City of Pearland a Texas home - rule municipal corporation hereinafter referred to as "City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code, and as authorized by Texas Transportation Code, Chapter 702. WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the County and the City are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, Transportation Code §702.003 allows a county tax assessor -collector, upon receipt of information from a municipality to assist a municipality in the enforcement of outstanding warrants of arrest for the failure to appear or failure to pay a fine on a complaint that involves the violation of a traffic offenses by refusing to register or re -register a motor vehicle; and WHEREAS, Transportation Code §702.003 further allows a municipality to contract with the County to provide the necessary information to a county for the above determination by the county tax assessor -collector to deny motor vehicle registration or re -registration to certain persons; and WHEREAS, such a consolidated effort in the effectuation of Texas Transportation Code, Chapter 702, are in each party's best interest and that of the public and that this agreement will increase the effective and efficient functioning of each party; and WHEREAS, both the City and County represent to one another that each respective party has the authority to enter into this agreement and perform the obligations and duties stated herein; and WHEREAS, the County and the City agree that this contract supersedes all prior oral and written agreements between the parties regarding this program and the refusal of motor vehicle registration. NOW THEREFORE, this contract is made and entered into by County and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ("the Agreement"): PURPOSE OF AGREEMENT. The purpose of the Agreement is to state the terms and conditions under which the County Tax Assessor -Collector will refuse to register or re -register certain motor vehicles when the County Tax Assessor -Collector receives information from City that the owner of the vehicle has an outstanding warrant for failure to appear or failure to pay a fine on a complaint that involves a violation of a traffic law, as defined by section 702.001 of the Transportation Code, as authorized and specifically set out under section 702.003 of the Texas Transportation Code. 1. DUTIES OF THE CITY. 2.1 The City shall contract with the County to provide information to enable the County Tax Assessor -Collector to identify vehicle owners which have an outstanding warrant from the City for failure to appear or failure to pay a fine on a complaint that involves a violation of a traffic law pursuant to the Texas Transportation Code that is past due. The City will comply with all provisions of the Texas Transportation Code as well as all other applicable laws of the State of Texas while in the performance of its duties and obligations under the Agreement. 2.2 The City shall notify the County Tax Assessor -Collector within the next business day when a traffic law matter is cleared regarding a person: 2.2.1 Against whom a judgment has been entered and who has paid the municipal court the full amount of the fine or civil penalty and all court costs; or 2.2.2 Who has perfected an appeal of the case for which the arrest warrant was issued; or 2.2.3 Whose charge for which the arrest warrant was issued has been dismissed; or 2.2.4 Whose charge for which the arrest warrant was issued has been cleared through judicial action or clerical correction. 2.3 The City shall impose an additional $20 fee to a person who has an outstanding warrant for failure to appear or failure to pay a fine on a complaint that involves the violation of a traffic law to be collected by the County as prescribed in Section 3.3 of this contract. The additional fee may be used only to reimburse the County Tax Assessor -Collector for its expenses for providing services under this contract, as set out in Section 702.003 of the Texas Transportation Code. In the event that the individual is acquitted of the underlying charge, then no payment will be imposed. 2.4 The City shall provide to the County Tax Assessor Collector's office periodic updates not to exceed two weeks, with the information of all outstanding records with warrant status for failure to appear in court as prescribed in Subsection (a) of Section 702.003 of the Texas Transportation Code. The City shall provide all data records in an electronic format acceptable with Tax Office Database for the purposes of adding, updating, or deleting records. 2.5 The City shall provide a telephone number or the location of an office where individual inquiries and complaints can be made regarding denial of registration by the County Tax Assessor -Collector due to outstanding City warrants and/or civil penalties that are past due, as well as to explain the procedures necessary to resolve the issues so as to obtain valid registration. 2.6 The City shall identify, by name, address, and telephone number, an individual or individuals who shall have authority on behalf of the City to coordinate, direct and supervise the Agreement. 2.7 Pursuant to Texas Transportation Code Section 702.004, the City shall insure that each city peace officer shall issue a written warning to each person to whom the officer issues a citation for a violation of a traffic law in the municipality that states that if the person fails to appear in court as provided by law for the prosecution of the offense or fails to pay a fine for the violation, the person might not be permitted to register or re -register a motor vehicle in this state. The warning may be printed on the citation. 2.8 The City shall immediately recall all warrants for each individual who pays his/her fines and all court costs. 2.9 The City shall upon clearance of citation/warrant, sign and seal release forms issued by county tax office personnel to an individual who is denied vehicle registration. City signature and seal serves as authorization and notice from City for the Tax Office to issue motor vehicle registration renewal and clearance from Tax Office Database. 2.10 The City has the sole discretion to provide the County with an outstanding violation record to prohibit motor vehicle registration. However, the City shall only include those outstanding violation records that involve a violation of a "traffic law", as defined by section 702.001 of the Texas Transportation Code. 2.11 If deemed necessary by either party, the City shall allow Tax Assessor Collector's Office to contract directly with the City's current collections database vendor, for the sole purpose of obtaining necessary reports in required electronic format and or language. Such additional cost for services rendered by collections database vendor, shall be paid at Tax Assessor -Collector's Office expense. 2. DUTIES OF THE COUNTY 3.1 The County Tax Assessor -Collector, and his/her subcontractor/agent, shall: 3.1.1 Create or maintain information system database that accurately stores and accesses record entries from government entities. Maintain records after compliance for five years and indefinitely on those who do not comply. Data collected from any governmental entity shall be considered confidential and such data will be used only for the purpose expressed in this contract. 3.1.2 Refuse to register or re -register all motor vehicles whose owner(s) has/have outstanding City warrants for traffic violations. 3.1.3 Issue corresponding Release Forms to individuals who are denied vehicle registration due to outstanding violations/warrants with the City. 3.1.4 Distribute to motor vehicle owners that have been denied registration, instruction sheets that will explain the steps necessary to resolve their outstanding traffic violation to obtain vehicle registration, and properly give directions to corresponding City offices where necessary issues may be resolved. Such instructions sheets will contain the case number and corresponding municipal entities where outstanding fines are owed. 3.1.5 Distribute an instruction sheet with a telephone number and office address to individuals who want to complain about registration denial if said instructions and address are furnished by the City. 3.2 The County Tax Assessor -Collector, and his/her subcontractor/agent, shall register or re -register a motor vehicle upon receipt of notice from the City that the motor vehicle owner's traffic law matter is cleared pursuant to Sections 2.2 and 2.10 above. 3.3 The County Tax Assessor -Collector, and his/her subcontractor/agent upon receipt of properly signed and sealed Release Form, shall collect the additional fee of $20 imposed by the City from an individual attempting to renew his/her registration pursuant to Section 2.4 above. 3.4 The County Tax Assessor -Collector shall at any time have the sole authority and prerogative to register or re -register a motor vehicle. 3. TERM AND TERMINATION. This Interlocal Agreement shall be effective upon its date of execution by the last party to execute the Agreement and shall terminate on the /a day of MI , 20 j The agreement shall automatically renew for successive one-year terms. This agreement may be terminated at any time by either party upon sixty (60) days written notice to the other parties. 4. NOTICE. Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be by fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE COUNTY TAX ASSESSOR -COLLECTOR: Ro'Vin Garrett 111 E. Locust Angleton, TX 77515 (979) 864-1320 TO THE CITY: City of Pearland Darrin Coker 3519 Liberty Drive Pearland, TX 77581 5. INDEMNIFICATION. County and City agree that both County and City shall each be responsible for their own negligent acts or omissions or other tortuous conduct in the course of performance of this Agreement, without waiving any sovereign or governmental immunity available to either County or City under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. 6. FISCAL FUNDING. Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability of county funding for each item and obligation contained herein. City shall have no right of action against the County as regards this Agreement, specifically including any funding by County of this Agreement in the event that the County is unable to fulfill its obligations under this Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure of any funding party to budget or authorize funding for this during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may provide funds from a separate source or terminate this Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 7. VENUE. Venue to enforce this Agreement shall lie exclusively in Brazoria County, Texas. 8. NONDISCRIMINATION. Parties to this Agreement shall not discriminate on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation. 9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. 10. SEVERABILITY. If any provision of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 11. DEFAULT/WAIVER/MITIGATION. It is not a waiver of default if the non -defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. 12. FEDERAL OR STATE OF TEXAS FUNDING. In the event that any work or part thereof is funded by State of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or greater requirement(s) than stated herein, City agrees to timely comply therewith without additional cost or expense to County. 13. HEADINGS. The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this AGREEMENT and shall not be deemed to affect the interpretation or construction of such provision. 14. NUMBER AND GENDER. Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 15. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 16. REMEDIES. This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 17. APPROVAL This agreement is expressly subject to and contingent upon formal approval by the Brazoria County Commissioners Court and by resolution of the respective City Council. IN WITNESS WHEREOF this Agreement has been executed on behalf of the County of Brazoria and the City of Pearland in the manner provided by law. BRAZORIA COUNTY, TEXAS By: L. M. "Matt" Sebesta, Jr., County Judge Attested By: 4,e,l'harYtan b1. W.lint J yce Hudman, County Clerk dip THE CITY OF PEARLAND Bv: Pearson, City Manager Attested By: By: 00111 r \�� i v♦ vim. -- Ro'Vin Garrett, Tax Assessor -Collector