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� THE STATE OF TEXAS § THIS ORIGINAL
§ EXECUTED BY TARRANT COUNTY
. COUNTY OF TARRANT § AND BY THE CITY OF FORT WOFZTH
THE TARRANT REGIONAL AUTO THEFT
TASK FORCE INTERLOCAL ASSISTANCE AGREEMENT
WHEREAS the detection, apprehension, and prosecution of individuals who
commit auto theft is often hindered because the range of operations of the criminal
offender is greater than the jurisdiction of the peace officers called upon to investigate
the crime; and,
WHEREAS the existence of a multiplicity of political jurisdictions in Tarrant, Jack,
Johnson, Palo Pinto, Parker, Somervell and Wise Counties impedes the effectiveness
of individual law enforcement agencies to detect and eradicate auto theft; and,
y WHEREAS past experience has indicated that a cooperativeweffort befinreen law
enforcement agencies and Tarrant County has been effective in detecting and deterring
the activities of targeted criminal groups to the mutual benefit of all the political entities
of Tarrant County and neighboring counties; and,
WHEREAS pursuant to Chapter 362 of the Texas Local Government Code, the
Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, and
Article 4413(37) of the Texas Revised Civil Statutes Annotated, an Act relating to the
creation, powers and duties of the Texas Automobile Theft Prevention Authority, and
the law of the State of Texas, the contracting cities to-wit: Arlington, Euless, Fort Worth,
Haltom City, Hurst, River Oaks, Saginaw, Westworth Village, the County of Tarrant, the
Tarrant County Criminal District Attorney, and the Tarrant County Sheriff, hereby agree
to participate in, and be a part of the cooperative investigative, enforcement, and
prevention efforts which are known and designated as the Tarrant Regional Auto Theft
Task Force; and,
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, � WHEREAS a grant of money from the Texas Automobile Theft Prevention
Authority has been received to fund the continuation of the Tarrant Regional Auto Theft
Task Force;
NOW, THEREFORE, BE IT KNOWN BY THESE PRESENTS:
That Tarrant County, acting by and through its duly authorized County Judge, the
Criminal District Attorney of Tarrant County, the Sheriff of Tarrant County, and the cities
that have executed, are executing, or will execute substantially similar copies hereof at
this time or in the future during the time that this agreement is in force, acting herein by
and through fiheir duly authorized chief administrative officer do hereby covenant and
agree as follows:
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TASK FORCE
ihe Tarrant Regional Auto Theft Task Force ("Task Force") will be a part of the Tarrant
County Sheriff s O�ce, for administrative purposes. The ac#ivities of the Task Force
shall be supervised by a thirteen (13) member �oard of Governors. ihis �oard will
include as permanent voting members the Fort Worth Chief of Police, the Arlington
Chief of Police, the Tarrant County Criminal District Attorney, and a Chairperson, who
shall be the Tarrant County Sheriff. Additionally, the �oard will consist of an executive
of every additional agency that participates in the Task Force with personnel, to include:
the Police Chiefs of Euless, Haltom City, Hurst, River Oaks, Saginaw, Wesfinrorth
Village, a Regional Captain of the Texas Department of Public Safety's Motor Vehicle
Theft Services, and Supervisors of the National Insurance Crime Bureau and the Texas
State Fire Marshal's Office. Ex officio members, if any, may be added by agreement of
the voting members; ex officio members shall be non-voting.
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The Board of Governors shall have the responsibility for poiicy, direction, and
control of the Task Force. The Board of Governors will have direct responsibility for the
selection of a Commander for the Task Force. The Board will monitor the activities and
accomplishments of the Task Force to ensure orderly progress towards attainment of all
stated objectives.
There will be one unit, which may form sub-groups or teams as appropriate. The
activities and investigations of these sub-groups or teams shall be directed by the
Commander of the Task Force. These sub-groups or teams will have the duties
assigned to them by the Commander.
AUTO THEFT INVESTIGATION
Auto theft investigations within the jurisdictional bounds of the entities joining this
agreement may be coordinated through the Task Force. All commercial auto theft
intelligence received by a law enforcement agency that is a party to this agreement may
be referred to the Task Force for investigation. The Task Force will maintain
intelligence files. The assigned officers will respond to complaints in a timely manner.
ASSET SEIZURES
All asset seizures developed by the Task Force in Tarrant County under Chapter
59 of the Code of Criminal Procedure will be prosecuted by the Tarrant County Criminal
District Attorney's Office.
There is hereby created a certain fund to be known as the Auto Theft Task Force
Asset Seizure Fund (hereinafter called "Fund"), said Fund to be created in compliance
with State law and the requirements of the grant restrictions.
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THE TARRANT REGIONAL AUTO THEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE 3
FORFEITURE POLICY
Upon entry of a judgment in a judicial proceeding awarding monies or other
proceeds to the Tarrant Regional Auto Theft Task Force, said monies or proceeds will
be immediately deposited in the Auto Theft Task Force Seizure Fund. The monies and
proceeds in this Fund must be used to further the purpose of the Task Force as
required by the Tarrant Regional Auto Theft Task Force Grant award: Enhancement of
currently funded and/or future motor vehicle theft enforcement and prevention
programs.
All forfeiture funds and other generated program income shall be subject to audit
by the Auditor of Tarrant County, Texas and the Texas Automobite Theft Prevention
,Authority.
Any conveyance or vehicle that is the subject of a final �forfeiture shall be
awarded to the Task Force to be used to further the purpose of the Task Force as
required by the Task Force grant award.
Upon termination of this Agreement, ownership of equipment, hardware, and
other non-expendable items will revert to the applicant for which it was acquired, subject
to the approval of the Automobile Theft Prevention Authority of the State of Texas.
OFFICER STATl1S
Any peace officer assigned to the Task Force by a government entity which is a
party to this agreement shall be empowered to enforce all laws and ordinances
applicable in the jurisdiction of the county and municipal entities signatory to this
agreement, including the power to make arrests, execute search warrants, and
investigate auto theft offenses outside of the geographical jurisdiction from which he or
she is assigned, but within the area covered by the jurisdictions of the counties and
municipal entities which are parties to this agreement.
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•'� While functioning as a peace officer assigned to the Task Force, he or she shall
have all of the law enforcement powers of a regular peace officer of such other political
entity.
A peace officer who is assigned, designated, or ordered by the official designated
by the governing body of any entity to perform law enforcement duties as a member of -
the iask Force shall receive the same wage, salary, pension and all other
compensation and all other rights for such service, including injury or death benefits and
workers' compensation benefits, paid in accordance with the Texas Automobile Theft
Prevention Authority Grant Guidelines, as existing or as may be amended, and
applicable law, as though the service had been rendered within the limits of the entity
, from which he or she was assigned. Recognizing the benefits to a participating entity to
this agreement, it is agreed that all wage and disability payments, including workers'
compensation benefits, pension payments, damage to equipment (with the exception of
leased vehicles, for which damages will be covered under the provisions of the lease(s))
and clothing, medical expense and expense of travel, food and lodging shall be paid in
accordance with the Texas Automobile Theft Prevention Authority Grant Guidelines, as
existing or as may be amended. However, peace officers assigned to the Task Force
will not work overtime that is not reimbursable to their assigning agency without prior
approval from their assigning agency supervisor. (For example, Fort Worth police
officers assigned to the iask Force will not work Task Force overtime, which is not
reimbursable to the Fort Worth Police Department, without prior approval from their Fort
Worth police supervisor.) Instead, they will be permitted to flex their work hours as
necessary to accomplish Task Force objectives and assignments.
In further recognition of the benefit to be gained by the entity participating in tt�e
Task Force, it is agreed that no entity that is a party to this agreement shall receive Q�_ _-
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7HE TARRANT REGIONAL AUTO THEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEME T,�?�F'.,�E;,�,`, ,,� �41 ��
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be entitled to reimbursement from another entity participating in this agreement for any
services pertormed pursuant to this agreement.
It is further agreed that, in the event that any peace officer assigned to the Task
Force is cited as a party defendant to any civil lawsuit, state or federal, arising out of his
or her official acts while functioning as a peace officer assigned to the Task Force, said
peace officer shall be entitled to the same benefits that such officer would be entitled to
receive had such civil action risen out of an official act within the scope of his or her
duties as a member and in the jurisdiction of the law enforcemeni agency from which he
or she was assigned. Further, no entity shall be responsible for the acts of a peace
officer of another entity assigned to the Task Force. Each entity participating herein
, indemnifies and holds all other participating entities . harmless for all acts of its own
officers and employees acting hereunder, to the full extent permitted by law.
GENERAL PROVISIONS
ihis Contract is subject to all grant conditions applicable to the grant of the
Texas Automobile Theft Prevention Authority to the Tarrant Regional Auto Theft Task
Force.
Each party to this agreement expressly waives all claims against every other
party for compensation for any loss, damage, personal injury, or death occurring as a
eonsequence of the performance of this agreement.
T'hird party claims against members shall be governed by the Texas Tort Claims
Act or other appropriate statutes and laws of the State of Texas and the United States.
It is expressly understood and agreed that, in the execution of this agreement, no
party waives, nor shall be deemed hereby to waive, any immunity or defense that would
otherwise be available to it against claims arising in the exercise of governmental
powers and functions.
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The validity of this agreement and of any of its terms or provisions, as well as the
rights and duties of the parties hereunder, shall be governed by the laws of the State of
Texas.
In case any one or more of the provisions contained in this agreement shall for
any reason 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.
This agreement shall become effective as to a party hereto on the day of the
execution of the agreement by the party, and shall continue in effect as to a participating
, entity for one year from the date of signafure and thereafter until it has been terminated
or rescinded by appropriate action of the pa►iicipating entity's governing body, or expires
due to termination of the grant or by operation of law. (To minimize the administrative
difficulty of signature between the many parties, each city or other law enforcement
entity will sign a substantially similar agreement with Tarrant County; however, each
party signing substantially similar copies is immediately bound one to another to all
other entities participating during the time said agreement is in force as to said entity,
even though the parties' .signatures appear on different copies of the substantially
similar copies. Any entity being added after the agreement is in effect need only sign
the documents which Tarrant County signs to be fully a party bound to all other parties,
and such signature shall, as of the date of the signing, have the same force and effect
as between the joining and already-bound members as if a single document was signed
simultaneously by all then-participating entities.)
If program enhancement activities are terminated, unexpended revenues will be
promptly returned to the Texas Automobile Theft Prevention Authority.
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This agreement may be amended or modified by the mutual agreement of the
parties hereto in writing. The Interlocal Agreement is for the period and on the
conditions herein contained, and on such conditions to this agreement as may be added
by amendment or by law, and not for any period beyond that permitted by law, nor for
any purpose not permitted by (aw.
This instrument contains all commitments and agreements of the parties, and no
oral or written commitments have any force or effect to alter any term or condition of this
agreement, unless the same are done in proper form and in a manner constituting a
bona fide amendment hereto.
Four non-local entities, the Texas Department of Public Safety, the National
, Insurance Crime Bureau, and the Texas Department of Insurance (on behalf of the
State Fire MarshalPs Office) each enter separate agreements witFi Tarrant County for
the following reasons: Each entity's staff member carries a statewide law enforcement
commission and therefore does not require the enhanced law enforcement jurisdiction
afforded by this agreement; Each entity funds their staff member's salary and fringe
benefits 100%; Each entity's staff member performs in a support role to the Task Force
and is available less than 100% of their work week because the availability of each is
subject to assignments from their entity.
The parties agree that their collective agreement may be evidenced by the
execution of an identical counterpart of this instrument by the duly authorized official(s)
of each participant and the failure of any anticipated member to enter into or renew this
agreement shall not affect the agreement between and among the parties executing the
agreement.
THE TARRANT REGIONAL AUTO THEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE 8
ACCEPTANCE OF RESTRICTIONS
Signature of this Agreement constitutes acceptance of all grant conditions, grant
restrictions and the terms of all appiicable laws.
This is to certify that the objectives of the Tarrant Regional Auto iheft Task Force
as stated in its Grant Application for the fiscal year(s) funding covered by this -
agreement have been reviewed and that it is mutually agreed to cooperate to whatever
extent is necessary in carrying out the work plan described in the application(s).
Additionally, each participating agency and entity is cognizant of the grant and
agrees to abide by any and all rules or special conditions in relation to the application.
BUDGETARY MATTERS
,
As part of this agreement, all participating entities entitled to reimbursement will
be reimbursed for their participation in this program by grant funds,�"through the grant's
financial officer (this is presently S. Renee iidwell, Auditor, Tarrant County, but is
subject to change by iarrant County; if changed, the change will be made in
accordance with the grant and all participating entities will be advised in wriiing)
according to the entity's applicable submitted budget schedule, to the extent that the
budget schedule is consistent with the grant. To the extent that the budget schedule is
inconsistent with ihe grant, the grant controls. A copy of the latest and mosf current
Grant Award Digest will be provided to all participating agencies when received by
Tarrant County.
Parficipating entities may bill the financial officer for reimbursement at such
periodic intervals as are appropriate and in accordance with the grant.
THE TARRANT REGIONAL AUTO THEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE 9
CONFIDENiIAL FUNDS
The Texas Automobile Theft Prevention Authority Guidelines for Control and Use
of Confidential Funds will be uiilized for the disbursement and reimbursement of
confidential funds.
EQUAL EMPLOYMENT OPPORTUNITY PROGRAM CERT(FICATION �
The city law enforcement agency signing along with Tarrant County certifies that:
Either the city law enforcement agency signing along with Tarrant County
employs fifty (50) or more people and has received or applied to the Texas Automobile
Theft Prevention Authority for total funds in excess of $25,000, in which case the city
law enforcement agency signing along with Tarrant County certifies that it has
, formulated an equal employment opportunity program in accordance with 28 CFR
42.301 et seq., Subpart E and that it is on file in the office of:
NAME
Ch.ie� p� �ol,ice
� TITLE
�50 W. R 1.knan S rePt-
STREET ADDRESS
Fort� Wor'th. TX 76IO2.
CITY, STATE
OR, if the above is left blank, the city law enforcement agency signing along with
iarrant County certifies that it is not required by the terms of this grant or the laws
applicable thereto to have such a plan on file in .order to participate in this grant.
The Tarrant County Judge certifies that:
Tarrant County employs fifty (50) or more people and has received or applied to
the Texas �4utomobile Theft Prevention Authority for total funds in excess of $25,000;
#herefore, Tarrant County has formulated an equal employment opportuniiy program in
accordance with 28 CFR 42.301 et seq., Subpart E and that is on file in the o�ce of:
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THE TARRANT REGIONAL AUTO iHEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEME T��,f�l��l�'r��;• 1; ;
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GERALD WRIGHT
DIRECTOR OF HUMAN RESOURCES
100 East Weatherford Street
Fort Worth, iexas 76196.
Said plan or plans are on file and available for review or audit by an official of the Texas
Automobile Theft Prevention Authority as required by relevant laws and regulations.
SIGNED ON THE DATES BELOW SHOWN.
WITNESSETH:
TOI`�1 VAN
� . .
COUNTY OF TARRANT, TEXAS
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N, SHERIFF
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DATE
TARRANT COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE
TIM CURRY, CRIMINAL DIS`�T'RICT ATTORNEY
APPFtOVED AS TO FORM AND LEGALITY*:
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VID HUDSON, ASSISTANT DISTRICT ATT NEY
J -�- -o �5
DATE
*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf
of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our
review of this document was conducted solely from the legal perspective of our client. Our approval of
this document was offered solely for the benefit of our client. Other parties should not rely on this
approval, and should seek review and approval by their own respective attorney(s).
CERTIFICATION OF FUNDS A!/AILABLE FOR THE AMOUNTS OF:
Salaries/Fringe- $ 59,972
Authorized Overtime - $ 5,000
E TIDWELL, CPA, COUNTY AUD(TOR
THE TARRANT REGIONAL AUTO THEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE 11
Joe Paniagua
SIGNATURE
Assistant City Manager
TITLE
OTHER SIGNING ENTITY:
NAME OF ENTfTY
ED OFFICIAL
APPROVED AS TO FORM AND LEGALITY:
Ca�1.a Cook for D�,vid Yett
ATTORNEY FOR ABOVE—LISTED NON—COUNTY ENTITY
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City Secretary
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THE TARRANT REGIONAL AUTO THEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEMENT - P�6 ��2����,,o ��
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� NONSUPPLANTING CERTIFICATION OF PARTICIPATING
. � AGENCIES OTHER THAN GRANTEE
Texas Government Code 772.006(a)(7) requires that state funds provided by this
Act shall not be used to supplant state or local funds. Public Law 98-473 requires that
federal funds provided by that Act shall not be used to supplant state or local funds.
The city law enforcement agency certifies that Texas Automobile Theft
Prevention Authority funds will not be used to replace state or local funds that would be
available in the absence of Texas Automobile Theft Prevention Authority funds.
Joe Pania ua
NAME
Assistant City Manager.
T(TLE �
('.i t� nf Fnrt �nrth
(CITY OR LAW ENFORCEMENT ENT(TY)
(Note: Tarrant County's certification is incorporated in each grantee's report of
expenditure and status of funds. Also, a copy of the Special Condition - Assurances,
exactly as it appears in the Texas ATPA Administrative Guide, follows this page.
THE TARRANT REGIONAL AUTO THEFT TASK FORCE INTERLOCAL ASSISTANCE AGREEMENT - PAGE 13
ASSURANCES
NON-COUNTY ENTITY ASSURANCES CERTIFICATION
(Tarrant County's are included in the grant application.)
I certify that the programs proposed in this application meet all the requirements �
of the Texas Automobile Theft Prevention Authority Program, that all the information
presented is correct, and that that the applicant will comply with the rules of the
Automobile Theft Prevention Authority and all other applicable federal and stafie laws,
regulations and guidelines. By appropriate language incorporated in each grant,
subgrant, or other.document under which funds are to be disbursed, th� undersigned
� shall assure that the following assurances apply to all recipients of ass' tance.
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Assistant City Mana�er
TITLE
Citv of Fort Worth
.
(CITY OR LAW ENFORCEMENT ENTITY)
Note — This Interlocal Assistance Agreement was last updated September 10, 2004.
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AUTOMOBILE THEFT PREVENTION AUTHORITY
Assurances
A Grantee and the Applicant hereby makes and certifies that as grantee, it and any subgrantee shall com-
ply with_the following conditions:
1. A grantee and subgrantee must comply with ATPA grant rules and UGMS.
2. A grantee and subgrantee must comply with Texas Government Code, Chapter 573, by ensuring
that no officer, employee, or member of the applicanYs governing body or of the applicant's con-
tractor shall vote or confirm the employment of any persons related within the second degree of
affinity or the third degree of consanguinity to any member of the governirig body or to any other
officer or employee authorized to employ or supervise such person. This prohibition shall not pro-
hibit the employment of a person who shall have been continuously employed for a period of two
years, or such period stipulated by local law, prior to the election or appointment of the officer,
employee, or governing body member related to such person in the prohibited degree.
3. A grantee and subgrantee must insure that all information colleded, assembled or maintained by
the applicant relative to a project will be available to the public during normal business hours in com-
pliance with Texas Govemment Code, Chapter 552, unless otherwise expressly prohibited by law.
4. A grantee and subgrantee must comply with Texas Government Code, Chapter 551, which requires
all regular, special or called meetings of governmental bodies to be open to the public, except as
otherwise provided by law.
5. A grantee and subgrantee must comply with Section 231.006, Texas Family Code, which prohibits
payments to a person who is in arrears on child support payments.
6. No health and human services agency or public safety or law enforcement agency may have con-
tact with or issue a license, certificate or permit to the owner, operator or administrator of a facility
if the license, permit or cert'rficate has been revoked by another health and human services agency
or public safety or law enforcement agency.
7. k� grantee and subgrantee that is a law enforcement agency regulated by Texas Government Code,
Chapter 415, must be in compiiance with all rules adopted by the Texas Commission on Law
Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code
or must provide the grantor agency with a certification from the Texas Commission on Law
Enforcement Officer Standards and Education that the agency is in the process of achieving com-
pliance with such rules.
8. When incorpora�ed into a grant award or contract, these standard assurances contained in the
application package become terms or conditions for receipt of grant funds. Administering state
agencies and local subrecipients shall maintain an appropriate contact administration system to
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AUTOMOBILE THEFT PREVENTION AUTHORITY
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insure that all terms, conditions, and specifications are met. (See UGMS Section_.36 for addi-
tional guidance on contrad provisions.)
9. A grantee and subgrantee must comply with the Texas Family Code, Sedion 261.101 which requires
reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas
Department of Child Protective and Regulatory Services. Grantees and subgrantees shall also ensure
that all program personnel are properly trained and aware of this requirement.
10. Grantees and subgrantees will comply with all federal statutes relating to nondiscrimination. These
include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which pro-
hibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans
With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 U.S.C. §§
6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
�Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to the nondiscrimination on the
basis of alcohol a6use or alcoholism; (g) §§ 523 and 527 of the Public Healfh Service Act of 1912
(42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug
abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or finaneing of housing; (i) any other
nondiserimination provisions in the specific statute(s) under which application for Federal assis-
tance is being made; and (j) the requirements of any other nondiscrimination statue(s) which may
apply to the application.
11. Grantees and subgrantees will comply, as applicable, with the provisions of the Davis-Bacon Ad (40
U.S.C. §§ 276a to 276a-7), the Copeland Act (40 U.S.C. §§ 276c and 18 U.S.C. §� 874), and the
Contract Work Hours and Safety Standards Ad (40 U.S.C. g§ 327-333), regarding labor.standards
for federally assisted construction subagreements.
12. Grantees and subgrantees will comply with requirements of the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides forfair and equi-
table treatment of persons displaced or whose property is acquired as a result of Federal. or federally
assisted programs. These requirements apply to all interests in real property acquired for project pur-
poses regardless of federal participation in purchases. �
13. Grantees and subgrantees will comply with the provisions of the Hatch Political Activity Act (5 U.S.C.
§ 7321-29) which limits the political activity of employees whose principal employment activities are
funded in whole or in part with Federal funds.
14. Grantees and subgrantees will comply wiih the minimum wage and maximum hours provisions
of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Ad of 1970, as
applicable.
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• AUTOMOBILE THEFT PREVENTION AUTHORITY
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15. Grantees and subgrantees will insure that the facilities under its ownership, lease or supervision
which shall be utilized in the accomplishment of the project are not listed on the Environmental
Protection Agency's (EPA) list of Violating Facilities and that it will notiiy the Federal grantor agency
of the receipt of any communication from the Director of the EPA Office of Federal Activities indi-
cating that a facility to be used in the project is under consideration for listing by the EPA.
(EO 11738)
16. Grantees and subgrantees will comply with Article IX, Section 5 of the state appropriations act
which prohibits the use of state funds to influence the outcome of any election or the passage or
defeat of any legislative measure.
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City of Fort Wo�tIZ, Texas
�1►�Ayar And C,aunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
12/18/01 **C-18891 30WINN 1 of 2
APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO STABILE & WINN,
INC. FOR RECONSTRUCTION OF AVENUE H(MILLER STREET TO HUGHES
STREET) AND AVENUE G(MILLER STREET TO ARCH STREET)
RECOMMENDATION:
It is recommended that the City Council:
Authorize the transfer of $298,440.00 from the Water and Sewer Operating Fund to the Sewer
Capital Project Fund ($98,605.50) and the Water Capital Project Fund ($199,834.50); and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Sewer Capital Project Fund in the amount of $98,605.50, and in the Water Capital Project Fund by
$199,834.50 from available funds; and
3. Authorize the City Manager to execute a contract with Stabile & Winn, Inc. in the amount of
$721,130.00 for the reconstruction of Avenue H(Miller Street to Hughes Street) and Avenue G(Miller
Street to Arch Street) for new asphalt pavement including water and sanitary sewer improvements.
DISCUSSION:
The 1998 Capital Improvement Program included funds for the reconstruction of Avenue H(Miller
Street to Hughes Street) and Avenue G(Miller Street to Arch Street). The street improvements include
6-inch lime stabilized subgrade and asphalt pavement, construction of standard concrete curb and'
gutter, and driveway approaches and sidewalks where shown on the plans.
The Water Department has determined that the severely deteriorated water and sanitary sewer lines
should be replaced prior to street reconstruction.
The following bids were received on two alternates: Alternate No. 1 is for 5-inch HMAC (hot mix asphalt
concrete) over 6-inch subgrade with lime stabilization, and Alternate No. 2 is for 6-inch concrete over 6-
inch line stabilization subgrade. After review of all the bid proposals, City staff recommends Alternate
No. 1 (asphalt) for construction. '
The project was advertised for bid on September 6 and 13, 2001. On October 4, 2001, the following
bids were received:
Bidder
Stabile & Winn, Inc.
Peachtree Construction
McClendon Construction Company, Inc.
Jackson Construction, Ltd.
J. L. Bertram Construction and Engineering
Alternate No. 1
(Asphalt Pavement)
$721,130.00
$725,438.50
$740,811.00
$745,582.60
$748,857.01
Alternate No. 2
(Concrete Pavement)
No Bid
$895,133.50
$803,072.00
$802,311.60
$821,181.04
City of Fo�t Wo�tlz, Texas
�I�Ay�r At1d Caunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
12/18/01 **C-18891 30WINN 2 of 2
SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONTRACT TO STABILE & WINN,
INC. FOR RECONSTRUCTION OF AVENUE H(MILLER STREET TO HUGHES
STREET) AND AVENUE G(MILLER STREET TO ARCH STREET)
Time of completion of the project is 200 working days.
Stabile & Winn, Inc. is in compliance with the City's M/WBE Ordinance by committing to 9% M/WBE
participation and documenting good faith effort. Stabile & Winn, Inc. identified several subcontracting
and supplier opportunities; however, the M/WBEs contacted in the areas identified did not submit the
lowest bids. The City's goal on this project is 38%.
This project is located in COUNCIL DISTRICTS 5 and 8, Mapsco 77R and 78K.
In addition to construction costs, a$13,324.00 contingency (water: $8,922.00, sewer: $4,402.00) is
required for possible change orders and $18,653.00 (water: $12,490.00, sewer: $6,163.00) is required
for inspection and survey. Change orders for street reconstruction is $22,733.00.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval and completion of recommendation No. 1, and
adoption of the attached appropriation ordinance, funds will be available in the current capital budgets,
as appropriated, of the Water and Sewer Capital Project Funds and the Street Improvements Fund.
MG:k
Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head:
Douglas Rademaker
Additional Information Contact:
6140
6157
Douglas Rademaker 6157
FUND
(to)
1 &2) PW53
1 &2) PS58
2) PW53
2) PS58
2) PW53
2)PS58
(from)
1) PE45
3) C115
3) C115
1) PE45
3) PW53
3) PS58
ACCOUNT � CENTER � AMOUNT
472045 060530175370 $199,834.50
472045 070580174510 $ 98,605.50
541200 060530175370 $187,344.50
541200 070580174510 $ 92,442.50
531350 030530175370 $ 12,490.00
531350 030580174510 $ 6,163.00
538070
541200
541200
538070
541200
541200
0609020
020115040555
020115040556
0709020
060530175370
070580174510
$199,834.50
$227,494.00
$227,173.00
$ 98,605.50
$178,422.50
$ 88,040.50
CITY SECRETARY
APPROVED 12/18/01
ORD.# 14906