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Home My WebLink AboutC2010-390 - 10/19/2010 - Approved~~ ~ ~ 1 STATE OF TEXAS § ~ r ~ v ~~ § INTERLOCAL AGREEMENT COUNTY OF NUECES § This Agreement made and entered info this 13th day of October , 2010, by and between the County of Nueces, hereinafter referred to as "County", with the agreement, consent, and participation of the Nueces County Tax Assessor-Collector, hereinafter referred to as the "County or County Tax Assessor-Collector", and the City of Corpus Christi, 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 Governmen# Code, and as authorized by Texas Transportation Code, Chapter 707; 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 effec#iveness; 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 §707.017 allows a county assessor-collector to refuse to register a motor vehicle alleged to have been involved in a violation of Chapter 707 of the Transportation Code where the owner of the motor vehicle is delinquent in the payment of a civil penalty imposed under Chapter 707; and WHEREAS, such a consolidated effort in the effectuation of Texas transportation Code, Chapter 707, 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 specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. 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 the Texas Department of Transportation (the "Department"} motor vehicle registration system or notification on the registration renewal notice that the registered vehicle owner owes the City money far a civil za~o-~~ra Res. U2880~- ~011911(i Nueces County, Tx ~i~~y~'"""~ 2 penalty imposed under Chapter 707 of the Texas Transportation Code that is past due, as authorized and specifically set out under section 707.017 of the Texas Transportation Code. 2. DUTIES OF THE CITY 2.1 The City shall contract with Texas Department of Transportation ("Department" or "TxDOT") to provide information to enable the County Tax Assessor-Collector to identify flagged vehicle owners to determine which vehicle owners awe the City money for a civil penalty imposed under Chapter 707 of the Texas Transportation Code that is past due. The City will comply with all provisions of the Texas Transportation Code as wel! as ail other applicable laws of the State of Texas while in the performance of its duties and obligations under the Agreement. 2.2 The vehicle owner shall be responsible to provide documentation to the County in the form of a paid receipt from the Ci#y's red light camera vendor that the civil penalty has been resolved with the City. 2.3 The City shall provide to the County instruction sheets in a farm acceptable to the County to distribute to flagged motor vehicle owners necessary to accomplish the purposes of this agreement. 2.4 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 civil penalties that are past due, as well as to explain the procedures necessary to resolve the issues so as to obtain valid registration. 2.5 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. 2.6 The City shall pay the County seven dollars and fifty cents ($7.50) for each flagged vehicle registration issued or renewed by the County in which the vehicle owner has paid or otherwise resolved the outstanding red light civil penalty with the City. 3. DUTIES OF THE COUNTY 3.1 The County Tax Assessor-Collector, and his subcontractors, shall: 3.1.1 Review the Department motor vehicle registration system for traffic violation flags for all individuals who attempt to register any vehicle without the three-part renewal form issued by the State of Texas. 3.1.2 Refuse to register or re-register all motor vehicles which are flagged in the Department of motor vehicle registration system or flagged on registration renewal notices as having outstanding civil penalties under Chapter 707 of the Transportation Code. 3.1.3 Distribute the instruction sheet to flagged motor vehicle owners that will explain the steps necessary to resolve their outstanding matters. 3.2 if all other vehicle registration requirements are met and the proper fee is paid the County Tax Assessor-Collec#or, and his subcontractors, shall register or re-register a motor vehicle upon receipt of documentation from the motor vehicle owner that the civil penalty is cleared pursuant to Section 2.2 above. 3.3 The County Tax Assessor~Collector shall ensure that its subcontractors follow these requirements regarding non-renewal of vehicle registration when the vehicle registration has been flagged for outstanding civil penalty to the City. 3.4 The County Tax Assessor-Collector shall present on a monthly basis an itemized list to the City during the term of this Agreement providing the name, address, and license plate number of each flagged motor vehicle owner for which the County Tax Assessor-Collector completed a vehicle registration or re-registration. The amount owed to the County will be paid without demand within 30 days of receipt of the itemized list. 4. TERM AND TERMINATION This Interlocal Agreement shall have one year term and shall be effective upon its date of execution by the last party to execute the Agreement. 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. 5. NOTICE Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE COUNTY JUDGE: County Judge Nueces County Courthouse 901 Leopard, Rm 303 Corpus Chris#i, Texas 78401 WITH COPY TO TO THE COUNTY TAX Ramiro R. Canales, CTA ASSESSOR-COLLECTOR: Nueces County Tax Assessor-Collector Nueces County Courthouse 901 Leopard, Rm 301 Corpus Christi, Texas 78401 TO THE CITY: The City of Corpus Christi Finance Director P.O. Box 9277 Corpus Christi, Texas 7$469-9277 The City of Corpus Christi City Attorney's Office P.O. Box 9277 Corpus Christi, Texas 7$469-9277 4 6. 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 courts of performance of this Agreement, without waiving any sovereign 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. 7. 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. Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability of City Funding for each item and obligation contained herein. County shall have no right of action against the City as regards this Agreement, specifically including any funding by City of this Agreement in the event that the City is unable to fulfill its obligatrons under this Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this or failure of any funding party to budget or authorize funding for this Agreement during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the City, as 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. 8. VENUE Venue to enfiorce this Agreement shah lie exclusively in Nueces County, Texas. 9. NONDISCRIMINATION Parties to this Agreement shall not discriminate on the basis of race, color, national origin, sex, religion, age, disability, sexual orientation. 10. 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. 5 11. SEVERABILITY Ifi 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. 12. DEFAULTIWAIVERIMITIGATION 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. 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 Wards 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. 1$. REMEDIES This Agreement shall not 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 Nueces 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 Nueces and the City of Corus Christi in the manner provided by law. THE CITY OF CORPUS CHRISTI THE COUNTY OF NUECES t By: ~y: A gel R. Escobar S muel L. Neal, City Manager County Judge Date: la'~~'/'~ ~ -?~~~G ~~~~,rQc~o_ber 13, 2010 ,_ ~~1 j Q sY C~llil~iClt. „ °°°~~~' ..~.~ s>rc~r~r~lr. l~- ATTEST: By. ~- - - ~ By: Armando Chapa City Secretary APPROVED AS TO FORM: ~ri4l~:~ By: Lisa Ag it r Assista City Attorney For City Attorney RECO By: TTEST: Diana T. Barrera County Cleric ED t. ~~~ ~~ Ramiro R. Canales, A Tax Assessor/Collector