Ordinance No. 15,382 ORDINANCE NO. 15,382
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A MUTUAL AID AGREEMENT WITH THE CITY
OF LA PORTE FOR JOINT LAW ENFORCEMENT SERVICES; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
******************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
City Manager to execute a Mutual Aid Agreement with the City of La Porte for Joint Law
Enforcement Services. A copy of said agreement is attached hereto, marked Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by
the City Council of the City of Baytown.
INTRODUCED, READ, and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 23rd day of February, 2023.
ep,YTOW/V COB POW L, Mayor P o Tem
ATTEST: �oF•,......,...;•rF
:• '•'�j►
V • e
n
t
ANGELA K 07 ;'City C1erW,
c4a. c.I
J} -�
APPROVED AS O ORM:
SCO D, City Attorney
R:UCaren Anderson ORDINANCES\2023\2023.02.23U.Mapes\MutualAidAgreement-CityotLaPo►te.doc
EXHIBIT "A"
INTERLOCAL AGREEMENT FOR MUTUAL AID LAW ENFORCEMENT SERVICES,BY
AND BETWEEN THE CITY OF BAYTOWN,TEXAS,AND THE CITY OF LA PORTE,TEXAS
THE STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT is made and entered into by and between the City of Baytown, Texas, and
the City of La Porte,Texas.
WITNESSETH:
WHEREAS, Chapter 791 of the Texas Government Code, as amended, entitled "Interlocal
Cooperation Contracts," authorizes contracts between political subdivisions for the performance
of governmental functions and services; and
WHEREAS, police protection and detention services are included in the definition of
governmental functions and services in Section 791.003, Texas Government Code; and
WHEREAS, the Cities of Baytown and La Porte desire to form a mutual aid law enforcement
joint use agreement ("Agreement") wherein the specialized equipment, facilities and trained
personnel of their respective police departments or law enforcement agencies are available to each
other as requested; additionally, a joint tactical or SWAT (Special Weapons and Tactics) team
hereafter referred to as the Bay Area SWAT Team shall be created under this Agreement; and
NOW THERFORE; the Cities of Baytown and La Porte, acting by and through their governing
bodies and the authority granted in Chapter 791,Texas Government Code, and in consideration of
the mutual covenants, agreements and benefits to the parties, do hereby covenant and agree as
follows:
ARTICLE 1: SCOPE OF SERVICES
1.1 During the term of this Agreement,the parties agree to provide upon request of either party
(requesting party) to the other (responding party) such law enforcement personnel,
including available equipment and facilities, as may be requested for the investigation or
suppression of crime within the jurisdictional area of the requesting party; provided that
the personnel, equipment, and facilities requested are not otherwise required by the
responding party as determined by the Chief Law Enforcement Officer of the responding
agency, or designee. Requests for mutual aid made pursuant to this Agreement shall be
made by and to the respective Chief Law Enforcement Officer or their designated
representatives.
Iof6
1.2 Training. It is agreed that a regular training program will be utilized by both parties to this
Agreement to maintain operational efficiency and skill in the use of various specialized
equipment, tactics, and other necessary topics. A regular training schedule shall be
established in advance of each training session, and records will be maintained as to
attendance, and topics covered, etc.
ARTICLE 2: RESPONDING PARTY
2.1 Responding Member Discretion. The Chief of Police of the responding party, or his
designee, may at any time in his sole discretion withdraw his personnel or equipment or
discontinue participation in any activity initiated pursuant to this agreement.
2.2 Status of Responding Personnel. While any law enforcement officer regularly employed
as such by a responding party is in the service of the requesting party, he shall be a peace
officer of the requesting party, and under the command of the requesting party's Chief of
Police,with all powers of a regular law enforcement officer of the requesting party, as fully
as though he were within the territorial limits of the governmental entity where he is
regularly employed, and his qualifications, respectively, for officer where regularly
employed shall constitute his qualifications for office within the territorial limits of the
requesting party and no other oath, bond, or compensation need be made.
ARTICLE 3: PARTY RESPONSIBLE
3.1 Party Responsible for Employees. During the period of participation in an event,all Parties
will remain responsible for all due compensation, including but not limited to salaries and
benefits, of their employees.
3.2 Any law enforcement officer who is assigned,designated,or ordered by the Chief of Police
of a party to this Agreement which regularly employs him to perform police or peace
officer duties for the benefit of the opposite party pursuant to this Agreement, 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, the same
as though the service had been rendered within the limits of the jurisdiction where he is
regularly employed.
3.3 Each party paying for the performance of governmental functions or service pursuant to
this Agreement must make those payments from the current revenues available to the
paying party.
ARTICLE 4: EOUIPMENT
4.1 To keep the cost of the equipment from restricting procurement, and in order to be
competitive in the grant community, the Bay Area SWAT Team has been instructed by
administrative agents of various regional grant programs to submit through one member
agency per grant program to address the needs of the entire team. This can create issues in
2of6
accountability, maintenance, general repairs, and liability. To address these issues, the
member agencies agree to the following:
4.2 It is agreed that the Bay Area SWAT Team Commander will determine the team's needs,
and advise preparation of a grant application to obtain funding with priority given to the
required equipment. The application can be submitted by any member agency so long as
it has been agreed upon and approved through that member agency's administrative
channels.
4.3 Any equipment purchased with grant funding can be issued to team members covered by
this Agreement, who have demonstrated competency in operating said equipment. Prior
to receiving any equipment,the Chief of Police of the party receiving the equipment,or his
designee must acknowledge receipt of the equipment by signature on an inventory control
form. The inventory control form will document the equipment description, cost, serial
number, agency applied number, to the SWAT member to be assigned, and date of
assignment. Each piece of equipment will be marked in accordance to grant requirements,
and will have a unique identifying number assigned by the issuing agency.
4.4 At the discretion of the issuing agency, and as allowed by grant guidance, ownership of
grant funded equipment can be transferred to either member agency who would benefit
from the allowed use of the equipment. The issuing agency will maintain a record of
approved transfer forms for each piece of equipment valued over$5,000.
4.5 The receiving agency also assumes responsibility for all costs associated with the general
operation, maintenance, and repair of the equipment while it is assigned to the receiving
agency. As soon as reasonably possible, each member agency will establish a budget
specific to Bay Area SWAT Team operations, allowing for consumable and equipment
replacement and repair support. The amount of this budget should be dictated by the
annualized cost of operating as a member agency of Bay Area SWAT Team.
4.6 Any equipment assigned to a team member by another agency may be returned to the
issuing agency after a thirty(30) day written notice of intent has been mailed by certified
mail to the chief law enforcement officer of the other party to this Agreement.
4.7 All equipment issued pursuant to this agreement is subject to inspection upon reasonable
notice of the issuing agency, and all equipment must be made available in the event of a
compliance audit by a grant auditor or municipal authority.
4.8 All forms as they relate to equipment assignment will be retained with the original copy of
this agreement in the office of the Chief of Police of the issuing and the receiving agency.
4.9 Any equipment not covered by grant funding must be supplemented by other means,
including but not limited to general budget. Should it become necessary, said equipment
may be assigned, and or transferred in the same manner as outlined above upon approval
of the Chief of Police, or his designee, or issuing agency.
3of6
ARTICLE 5: IMMUNITY
5.1 No Waiver of Immunities of Defenses. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of either party as a result of executing
this Agreement.
5.2 The Parties agree that no provision of this Agreement is in any way intended to constitute
a waiver of any limitations or defense from suit or liability that a Party, its officers,
employees, or agents may have by operation of law.
5.3 Neither the execution of this Agreement nor any conduct of any Party relating to this
Agreement shall be considered a waiver of any right or defense under federal law, the
Texas Constitution, or the laws of the State of Texas.
ARTICLE 6: RELEASE AND INDEMNIFICATION
6.1 To the extent allowed by law, the City of Baytown agrees to defend, hold harmless and
indemnify the City of La Porte and its officers, employees, agents and independent
contractors of, from and against any and all claims, demands, liabilities, actions or causes
of action, losses, damages, expense (including legal fees), penalties, fines, costs and
judgments of either of them, their officers, employees or agents arising in whole or in part
out of the condition of the premises or vehicles owned, operated or controlled by the City
of Baytown, or resulting from or arising out of, in whole or in part, any negligent act or
omission or any intentional or willful misconduct by the City of Baytown, its officers,
employees, agents or independent contractors.
6.2 To the extent allowed by law, the City of La Porte agrees to defend, hold harmless and
indemnify the City of Baytown and its officers, employees, agents and independent
contractors of, from and against any and all claims, demands, liabilities, actions or causes
of action, losses, damages, expense (including legal fees), penalties, fines, costs and
judgments of either of them, their officers, employees or agents arising in whole or in part
out of the condition of the premises or vehicles owned, operated or controlled by the City
of La Porte, or resulting from or arising out of, in whole or in part, any negligent act or
omission or any intentional or willful misconduct by the City of La Porte, its officers,
employees, agents or independent contractors.
ARTICLE 7: INSURANCE
7.1 Each party hereto agrees to carry workers' compensation and liability insurance covering
the actions or failures to act of that party's respective officer, employee, agent or
independent contractor.
4of6
ARTICLE 8: SEVERABILITY
8.1 Provisions Severable. In case any one or more of the provisions 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.
8.2 Entire Agreement. This instrument contains all commitments and agreements of the
parties. Oral or written commitments not contained herein shall have no force or effect to
alter any term or condition of this agreement.
ARTICLE 9: TERMS
9.1 Effective Date This Agreement shall become effective between the parties hereto on the
day following execution of the Agreement by the last party to execute this Agreement, and
shall continue in effect until it has been terminated according to the terms hereof.
9.2 Amendment. This Agreement may be amended or modified by the mutual agreement of
the parties hereto in writing to be attached to and incorporated into this Agreement.
9.3 Duration. The duration of this Agreement shall be perpetual in nature, reviewed annually
for any changes or signatures, proposed or required, due to organization or operation of
the team, or change in chief executive head of a party hereto.
9.4 Termination. A Party may terminate at any time without cause by giving a thirty(30)day
written notice mailed by certified mail to the chief law enforcement officer of the other
party to this Agreement.
ARTICLE 10: NOTICE
10.1 Any notice required or permitted under this Agreement shall be sent, postage prepaid,
certified or registered mail, or delivered in person or by facsimile, with verification, as
follows:
To the City of Baytown: Chief of Police
Baytown Police Department
3200 N. Main St
Baytown,TX 77521
To the City of La Porte: Chief of Police
La Porte Police Department
3001 N 23rd
LaPorte, TX 77571
5 of 6
IN WITNESS THEREOF, the undersigned Parties hereby execute and attest to this Agreement
by their duly authorized officers.
Signatures:
City of Baytown,Texas
Date:
Jason E. Reynolds,City Manager
City of La Porte,Texas
Date:
Corby Alexander, City Manager
6of6
INTERLOCAL AGREEMENT FOR MUTUAL AID LAW ENFORCEMENT SERVICES BY
AND BETWEEN THE CITY OF BAYTOWN TEXAS, AND THE CITY OF LA PORTE, TEXAS
THE STATE OF TEXAS 5
COUNTY OF HARRIS §
THIS AGREEMENT is made and entered into by and between the City of Baytown, Texas, and
the City of La Porte, Texas.
WITNESSETH:
WHEREAS, Chapter 791 of the Texas Government Code, as amended, entitled "Interlocal
Cooperation Contracts," authorizes contracts between political subdivisions for the performance
of governmental functions and services; and
WHEREAS, police protection and detention services are included in the definition of
governmental functions and services in Section 791.003, Texas Government Code; and
WHEREAS, the Cities of Baytown and La Porte desire to form a mutual aid law enforcement
joint use agreement ("Agreement") wherein the specialized equipment, facilities and trained
personnel of their respective police departments or law enforcement agencies are available to each
other as requested; additionally, a joint tactical or SWAT (Special Weapons and Tactics) team
hereafter referred to as the Bay Area SWAT Team shall be created under this Agreement; and
NOW THERFORE; the Cities of Baytown and La Porte, acting by and through their governing
bodies and the authority granted in Chapter 791, Texas Government Code, and in consideration of
the mutual covenants, agreements and benefits to the parties, do hereby covenant and agree as
follows:
ARTICLE 1: SCOPE OF SERVICES
1.1 During the term of this Agreement,the parties agree to provide upon request of either party
(requesting party) to the other (responding party) such law enforcement personnel,
including available equipment and facilities, as may be requested for the investigation or
suppression of crime within the jurisdictional area of the requesting party; provided that
the personnel, equipment, and facilities requested are not otherwise required by the
responding party as determined by the Chief Law Enforcement Officer of the responding
agency, or designee. Requests for mutual aid made pursuant to this Agreement shall be
made by and to the respective Chief Law Enforcement Officer or their designated
representatives.
1of6
1.2 Training. It is agreed that a regular training program will be utilized by both parties to this
Agreement to maintain operational efficiency and skill in the use of various specialized
equipment, tactics, and other necessary topics. A regular training schedule shall be
established in advance of each training session, and records will be maintained as to
attendance, and topics covered, etc.
ARTICLE 2: RESPONDING PARTY
2.1 Responding Member Discretion. The Chief of Police of the responding party, or his
designee, may at any time in his sole discretion withdraw his personnel or equipment or
discontinue participation in any activity initiated pursuant to this agreement.
2.2 Status of Responding Personnel. While any law enforcement officer regularly employed
as such by a responding party is in the service of the requesting party, he shall be a peace
officer of the requesting party, and under the command of the requesting party's Chief of
Police, with all powers of a regular law enforcement officer of the requesting party, as fully
as though he were within the territorial limits of the governmental entity where he is
regularly employed, and his qualifications, respectively, for officer where regularly
employed shall constitute his qualifications for office within the territorial limits of the
requesting party and no other oath, bond, or compensation need be made.
ARTICLE 3: PARTY RESPONSIBLE
3.1 Party Responsible for Employees. During the period of participation in an event,all Parties
will remain responsible for all due compensation, including but not limited to salaries and
benefits, of their employees.
3.2 Any law enforcement officer who is assigned,designated,or ordered by the Chief of Police
of a party to this Agreement which regularly employs him to perform police or peace
officer duties for the benefit of the opposite party pursuant to this Agreement, 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, the same
as though the service had been rendered within the limits of the jurisdiction where he is
regularly employed.
3.3 Each party paying for the performance of governmental functions or service pursuant to
this Agreement must make those payments from the current revenues available to the
paying party.
ARTICLE 4: EQUIPMENT
4.1 To keep the cost of the equipment from restricting procurement, and in order to be
competitive in the grant community, the Bay Area SWAT Team has been instructed by
administrative agents of various regional grant programs to submit through one member
agency per grant program to address the needs of the entire team. This can create issues in
2of6
accountability, maintenance, general repairs, and liability. To address these issues, the
member agencies agree to the following:
4.2 It is agreed that the Bay Area SWAT Team Commander will determine the team's needs,
and advise preparation of a grant application to obtain funding with priority given to the
required equipment. The application can be submitted by any member agency so long as
it has been agreed upon and approved through that member agency's administrative
channels.
4.3 Any equipment purchased with grant funding can be issued to team members covered by
this Agreement, who have demonstrated competency in operating said equipment. Prior
to receiving any equipment, the Chief of Police of the party receiving the equipment, or his
designee must acknowledge receipt of the equipment by signature on an inventory control
form. The inventory control form will document the equipment description, cost, serial
number, agency applied number, to the SWAT member to be assigned, and date of
assignment. Each piece of equipment will be marked in accordance to grant requirements,
and will have a unique identifying number assigned by the issuing agency.
4.4 At the discretion of the issuing agency, and as allowed by grant guidance, ownership of
grant funded equipment can be transferred to either member agency who would benefit
from the allowed use of the equipment. The issuing agency will maintain a record of
approved transfer forms for each piece of equipment valued over$5,000.
4.5 The receiving agency also assumes responsibility for all costs associated with the general
operation, maintenance, and repair of the equipment while it is assigned to the receiving
agency. As soon as reasonably possible, each member agency will establish a budget
specific to Bay Area SWAT Team operations, allowing for consumable and equipment
replacement and repair support. The amount of this budget should be dictated by the
annualized cost of operating as a member agency of Bay Area SWAT Team.
4.6 Any equipment assigned to a team member by another agency may be returned to the
issuing agency after a thirty (30) day written notice of intent has been mailed by certified
mail to the chief law enforcement officer of the other party to this Agreement.
4.7 All equipment issued pursuant to this agreement is subject to inspection upon reasonable
notice of the issuing agency, and all equipment must be made available in the event of a
compliance audit by a grant auditor or municipal authority.
4.8 All forms as they relate to equipment assignment will be retained with the original copy of
this agreement in the office of the Chief of Police of the issuing and the receiving agency.
4.9 Any equipment not covered by grant funding must be supplemented by other means,
including but not limited to general budget. Should it become necessary, said equipment
may be assigned, and or transferred in the same manner as outlined above upon approval
of the Chief of Police, or his designee, or issuing agency.
3of6
ARTICLE 5: IMMUNITY
5.1 No Waiver of Immunities of Defenses. Nothing herein shall be construed as creating any
personal liability on the part of any officer or agent of either party as a result of executing
this Agreement.
5.2 The Parties agree that no provision of this Agreement is in any way intended to constitute
a waiver of any limitations or defense from suit or liability that a Party, its officers,
employees, or agents may have by operation of law.
5.3 Neither the execution of this Agreement nor any conduct of any Party relating to this
Agreement shall be considered a waiver of any right or defense under federal law, the
Texas Constitution, or the laws of the State of Texas.
ARTICLE 6: RELEASE AND INDEMNIFICATION
6.1 To the extent allowed by law, the City of Baytown agrees to defend, hold harmless and
indemnify the City of La Porte and its officers, employees, agents and independent
contractors of, from and against any and all claims, demands, liabilities, actions or causes
of action, losses, damages, expense (including legal fees), penalties, fines, costs and
judgments of either of them, their officers, employees or agents arising in whole or in part
out of the condition of the premises or vehicles owned, operated or controlled by the City
of Baytown, or resulting from or arising out of, in whole or in part, any negligent act or
omission or any intentional or willful misconduct by the City of Baytown, its officers,
employees, agents or independent contractors.
6.2 To the extent allowed by law, the City of La Porte agrees to defend, hold harmless and
indemnify the City of Baytown and its officers, employees, agents and independent
contractors of, from and against any and all claims, demands, liabilities, actions or causes
of action, losses, damages, expense (including legal fees), penalties, fines, costs and
judgments of either of them, their officers, employees or agents arising in whole or in part
out of the condition of the premises or vehicles owned, operated or controlled by the City
of La Porte, or resulting from or arising out of, in whole or in part, any negligent act or
omission or any intentional or willful misconduct by the City of La Porte, its officers,
employees, agents or independent contractors.
ARTICLE 7: INSURANCE
7.1 Each party hereto agrees to carry workers' compensation and liability insurance covering
the actions or failures to act of that party's respective officer, employee, agent or
independent contractor.
4of6
ARTICLE 8: SEVERABILITY
8.1 Provisions Severable. In case any one or more of the provisions 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.
8.2 Entire Agreement. This instrument contains all commitments and agreements of the
parties. Oral or written commitments not contained herein shall have no force or effect to
alter any term or condition of this agreement.
ARTICLE 9: TERMS
9.1 Effective Date This Agreement shall become effective between the parties hereto on the
day following execution of the Agreement by the last party to execute this Agreement, and
shall continue in effect until it has been terminated according to the terms hereof.
9.2 Amendment. This Agreement may be amended or modified by the mutual agreement of
the parties hereto in writing to be attached to and incorporated into this Agreement.
9.3 Duration. The duration of this Agreement shall be perpetual in nature, reviewed annually
for any changes or signatures,proposed or required, due to organization or operation of
the team, or change in chief executive head of a party hereto.
9.4 Termination. A Party may terminate at any time without cause by giving a thirty(30) day
written notice mailed by certified mail to the chief law enforcement officer of the other
party to this Agreement.
ARTICLE 10: NOTICE
10.1 Any notice required or permitted under this Agreement shall be sent, postage prepaid,
certified or registered mail, or delivered in person or by facsimile, with verification, as
follows:
To the City of Baytown: Chief of Police
Baytown Police Department
3200 N. Main St
Baytown, TX 77521
To the City of La Porte: Chief of Police
La Porte Police Department
3001 N 23`d
LaPorte, TX 77571
5of6
IN WITNESS THEREOF, the undersigned Parties hereby execute and attest to this Agreement
by their duly authorized officers.
Signatures:
City of Baytown, Texas
T, 1"f Date: 2 Z Z
Jaso Reynolds, ty r
City of La Porte,Texas
Date:
Corby Alexander, City Manager
4$B egal
.-
6ot6