Ordinance No. 16,369 (Item 5.h.)ORDINANCE NO. 16,369
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE THE NINTH (9TH) AMENDED AND RESTATED INTERLOCAL
AGREEMENT WITH THE HOUSTON SHIP CHANNEL DISTRICT AS
PROVIDED IN THE ATTACHED AGREEMENT; 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 and
directs the City Manager to execute the Ninth (91h) Amended and Restated Interlocal Agreement
with Houston Ship Channel District as detailed in the attached agreement. 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 81h day of January, 2026.
�nY?fl4v�, CHARLES JOH WO]V, Mayor
�ATTEST:`�a� �// /I
=ANGELA MCWSON, City Clerk
APPROVED( S TO FORM:
SCOTT LVMOND, City Attorney
R:\Ordinances and Resolutions\Ordinance Drafts\2026-1-8\Ordinance Authorizing the City Manager to Execute the 9th Amended And Restated
Interlocal Agreement with the Houston Ship Channel District.vh.docx
EXHIBIT "A"
THE STATE OF TEXAS §
COUNTY OF HARRIS §
NINTH AMENDED AND RESTATED
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BAYTOWN AND
THE HOUSTON SHIP CHANNEL SECURITY DISTRICT
THIS NINTH AMENDED AND RESTATED INTERLOCAL AGREEMENT (this "Agreement")
is made and entered into effective as of January 1, 2026 (the "Effective Date") pursuant to the
Interlocal Cooperation Act, TEX. GOV'T CODE ANN.§§ 791.001 — 791.030, as amended, and
TEX. WATER CODE, §68.209, by and between the City of Baytown, a home rule city of the State
of Texas, situated in Harris and Chambers Counties, acting by and through its City Council (the
"City"), and The Houston Ship Channel Security District, a special district and political
subdivision of the State of Texas, acting by and through its Board of Directors (the "District").
RECITALS
WHEREAS, by an Order of the Commissioners Court of Harris County, Texas dated June 9, 2009,
the District was created under Chapter 68 of the Texas Water Code (the "Code"); and
WHEREAS, among the primary purposes of the District are to plan, establish, develop, construct,
renovate, maintain, repair, replace, operate or contract with other public or private persons for the
joint use and implementation of security projects and security services which promote or aid
security within the District; and
WHEREAS, the City, through the Baytown Police and Fire Departments ("BPD/BFD"), maintains
an active Type I Bomb Squad, Type I DIVE/Underwater Search and Recovery Team, Type I
Structural Collapse and Technical Rescue Team, and Type I HazMat Team (collectively, the
"Response Teams") which serve, among other areas, portions of eastern Harris County, including
the District; and
WHEREAS, the City was awarded grant funding through the Fiscal Year 2013 Port Security Grant
Program for the purchase of a prime mover, including a trailer, and personal protective equipment
to ensure the rapid deployment of a patrol vessel/response boat equipped to address chemical,
biological, radiological, nuclear and explosive threats and incidents and provide necessary dive
team equipment to conduct underwater operations in response to such threats and incidents (the
"2013 Security Project"), and the District provided the local matching funds for said 2013 Security
Project; and
WHEREAS, the City was awarded grant funding through the Fiscal Year 2014 Port Security Grant
Program for the purchase of (i) a surface supplied air system, including one (1) control center and
four (4) sets of helmets and hoses, for the Type I DIVE/Underwater Search and Recovery Team
and (ii) training materials for a Texas Commission on Fire Protection marine firefighting course for
thirty (30) participants (the "2014 Security Project"), and the District provided the local matching
funds for said 2014 Security Project; and
WHEREAS, the City was awarded grant funding through the Fiscal Year 2015 Port Security Grant
Program for the purchase of a prime mover to transport and deploy the Type I Dive/Underwater
Search and Rescue Team boat and to provide marine firefighting training to not less than thirty (30)
participants from the City's Type I HazMat Team, Type I Structural Collapse and Technical Rescue
Team, and other firefighting personnel (the "2015 Security Project"), and the District provided the
local matching funds for said 2015 Security Project; and
WHEREAS, the City requested that the District provide monetary support in connection with the
City's acquisition of certain equipment to support the City's Type I Bomb Squad and Underwater
Search & Recovery Team (the "2017 Security Project"); and
WHEREAS, the City was awarded grant funding through the Fiscal Year 2018 Port Security Grant
Program for the purchase of a fixed pump, thirty-two foot (32') response watercraft to enhance the
City's marine firefighting and chemical, biological, radiological, nuclear and explosive detection
and response capabilities (the "2018 Security Project"), and the District provided the local matching
funds for said 2018 Security Project; and
WHEREAS, City requested that the District provide monetary support in connection with the
City's procurement of marine firefighting and search and rescue training for firefighters utilizing
the City's fixed pump, thirty-two foot (32') response watercraft acquired as part of the 2018 Security
Project (the "2019 Security Project"); and
WHEREAS, the City requested that the District provide monetary support in connection with the
City's procurement and installation of (i) a compressor, four (4) storage bottles, and a fill station
necessary to sustain the City's Type I USAR/DIVE Team, and (ii) high and low angle technical
rescue equipment and personal protective equipment to support the City's Type I Structural
Collapse and Technical Rescue Team (the "2020 Security Project"); and
WHEREAS, the City: (i) was awarded grant funding through the Fiscal Year 2021 Port Security
Grant Program for the purchase of rigging/entry tool kits for the City's Type I Bomb Squad and
dive computers for the City's Type I DIVE/Underwater Search and Recovery Team, and (ii) sought
to secure Shipboard Firefighting training for members of the City's land -based firefighting team
(collectively, the "2021 Security Project"), and the District provided the local matching funds and
direct funding for said 2021 Security Project; and
WHEREAS, the City was awarded grant funding through the Fiscal Year 2022 Port Security Grant
Program for: (i) the purchase of a large platform robot and the upgrade of an existing medium
platform robot for the City's Type I Bomb Squad, (ii) the purchase of six aerial drones for the City's
Type I Bomb Squad and the City's Type I DIVE/Underwater Search and Recovery Team, and (iii)
the purchase of personal protective equipment for thirteen (13) members of the City's Type I
DIVE/Underwater Search and Recovery Team (collectively, the "2022 Security Project"), and the
District provided the local matching funds for said 2022 Security Project; and
WHEREAS, the City was awarded grant funding through the Fiscal Year 2023 Port Security Grant
Program for: (i) the purchase of two (2) new bomb suits and nine (9) bomb search ensembles,
helmets and protective underlayers for the City's Type I Bomb Squad, (ii) the purchase of two (2)
portable x-ray systems, five (5) spotting scopes, and twelve (12) diving apparatuses for use in
contaminated water environments for the City's Type I Bomb Squad and the City's Type I
DIVE/Underwater Search and Recovery Team, and (iii) the purchase of two (2) trailers for rapid
deployment of specialized equipment for the City's Type I Bomb Squad and the City's Type I
DIVE/Underwater Search and Recovery Team (collectively, the "2023 Security Project"), and the
District provided the local matching funds for said 2023 Security Project; and
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WHEREAS, the City and the District entered into that certain Eighth Amended and Restated
Interlocal Agreement dated effective January 1, 2024 (the "2024 Agreement"), relative to the
funding and use of the 2013 Security Project, 2014 Security Project, 2015 Security Project, 2017
Security Project, 2018 Security Project, 2019 Security Project, 2020 Security Project, 2021 Security
Project, 2022 Security Project, and 2024 Security Project; and
WHEREAS, the City has been awarded grant funding through the Fiscal Year 2025 Port Security
Grant Program for the purchase of two (2) reserve motors, one (1) stand and associated fittings for
the City's marine firefighting boat (the "2025 Security Project"), and has requested that the District
provide the local matching funds for said 2025 Security Project; and
WHEREAS, in addition to the funding support provided for the 2013 Security Project, 2014
Security Project, 2015 Security Project, 2017 Security Project, the 2018 Security Project, the 2019
Security Project, the 2020 Security Project, the 2021 Security Project, the 2022 Security Project,
and the 2023 Security Project, the District is willing to provide such funding support for the 2025
Security Project subject to the terms and conditions set forth herein; and
WHEREAS, the District and the City desire to enter into this Agreement pursuant to the authority
of the Interlocal Cooperation Act, the Code, and the general and special laws of the State of Texas
to restate the terms and conditions of the 2024 Agreement and whereby the City, through
BPDBFD, will, at all times during their useful lives, continue to make the 2013 Security Project,
the 2014 Security Project, the 2015 Security Project, the 2017 Security Project, the 2018 Security
Project, the 2019 Security Project, the 2020 Security Project, the 2021 Security Project, the 2022
Security Project, the 2023 Security Project, the 2025 Security Project, and the services of the
Response Teams available for deployment within the District to respond to incidents, situations or
conditions that the District, the United States Coast Guard (through its Captain of the Port of
Houston), or the District's other local law enforcement partners may deem necessary or appropriate
for the Response Teams to respond to or support response efforts of others; and
WHEREAS, the District and the City further desire to enter into this Agreement pursuant to said
authority whereby the District will provide the City with the funds necessary for the acquisition of
the 2025 Security Project to enhance the capabilities of the Response Teams available for
deployment within the District, as set forth in the foregoing recital; and
WHEREAS, on November 18, 2025, the Board of Directors of the District (the "Board") approved
a general Plan of Assessment, a copy of which is attached hereto as Exhibit "A", in order to fund
the 2025 Security Project, among other things.
AGREEMENT
NOW, THEREFORE, the City and District (each a "Party" and together, the "Parties") agree as
follows:
1. UNDERTAKINGS BY CITY
1.1. Response Team Support.
Subject to the terms and conditions of this Agreement, the City shall make its Response
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Teams, including both personnel and assets, available for deployment within the District. Except as
provided in 1.1(iv) hereinbelow, the City shall cause the Response Teams to be promptly deployed
as follows:
Upon request by or instruction from the United States Coast Guard, through its
Captain of the Port of Houston or other authorized individual, the City shall deploy
one or more of the Response Teams in accordance with said request or instructions.
ii. Upon request by the City of Houston Police Department, City of Houston Fire
Department, Harris County Sheriff's Office, Port of Houston Authority Health,
Safety, Security and Environment (Port Police), or any of the District's other local
law enforcement partners, the City shall deploy the appropriate Response Team(s)
to respond to or support the requesting law enforcement agency's or agencies'
efforts in accordance with such request.
iii. Upon request of the Board of Directors of the District or its contract
administrator/project manager, the City shall use its best efforts to make the
Response Teams available for training exercises, safety programs, and visual
display at District functions, provided that the District provides the City with at
least five (5) business days advance notice of any such request.
iv. The City shall not be required to deploy the Response Teams, or any portion
thereof, upon a request or instruction received under (i) through (iii) of this Section
1.1 if it is determined by the City that it has insufficient resources to do so based
on current or reasonably anticipated events within the City's service area at the
same time the request or instruction is received. To the extent personnel and
resources are available as provided herein, the City shall immediately deploy all or
any portion of the Response Team(s) personnel and assets or other law enforcement
personnel or equipment upon receipt of a request or instruction under (i) through
(iii) of this Section 1.1 in accordance with the request or instruction received. In
the event of simultaneous emergencies, the City will use its best efforts, under the
circumstances, to remain in communication with the Captain of the Port and other
local law enforcement officials relative to deployment of the Response Team(s)
and the City's other law enforcement, disaster prevention and recovery personnel
and assets to ensure such personnel and assets are efficiently and effectively
prioritized and utilized; provided, however, nothing herein shall be construed to
obligate the City to commit its assets or personnel outside the City or its service
area at such time the City determines they are required within the City or its service
area.
1.2. Use of Security Projects; Approval of Changes
For the duration of their useful lives, the City shall use the 2013 Security Project, 2014 Security
Project, 2015 Security Project, 2017 Security Project, 2018 Security Project, 2019 Security Project,
2020 Security Project, 2021 Security Project, 2022 Security Project, 2023 Security Project, and
2025 Security Project (collectively, the "Security Projects") for their intended purposes, as set forth
herein and, as applicable, in the City's Budget Detail Worksheet for the Port Security Grant
Program application submitted to secure the federal funding for each of the Security Projects or in
the Request for Support funding application submitted by the City to the District. Prior to
reallocating any equipment used in connection with the Security Projects or otherwise funded by
the District, the City shall secure the District's written consent to same, which shall be given at the
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discretion of the District.
1.3. Coordination of Security Efforts; Cooperation
The City acknowledges that its corporate limits and service area overlap and are adjacent to the
boundaries of portions of the District, the District's local law enforcement partner agencies, and the
area falling under the jurisdiction of the Captain of the Port. The Parties will, throughout the term
of this Agreement, communicate, share information and work with each other on security matters
of common interest, and the Parties agree to provide to each other any other mutually agreed upon
service and support in furtherance of the intent of this Agreement and the purposes and missions of
the City and the District relating to security matters and law enforcement. Without limiting the
foregoing, the Parties will cooperate in communications and exchanges of information during
emergency periods.
1.4. Reports
The City shall, within ninety (90) days following its acquisition of the equipment purchased
with the funds provided by the District for the 2025 Security Project, provide the District with an
accounting of all funds provided by the District and expended in connection therewith. The City
shall also, upon written request from the District or its authorized representatives, provide the
District with a written report detailing Response Team(s) activity and use of the Security Projects
within the boundaries of the District. The written reports shall additionally describe any incidents,
observations, or other matters relative to security within the District. Such reports shall be made in
Public and/or Executive Session of the Board's meetings, as mutually agreed by the Parties and in
accordance with the Texas Open Meetings Act, TEX. GOV'T CODE ANN. §§ 551.001 et. seq., as
amended, and regulations pertaining to sensitive security information.
2. UNDERTAKINGS BY DISTRICT
2.1. 2025 Security Project Funding
Subject to the remaining provisions of this Section, the District will undertake to make certain
payments to the City for capital acquisitions or to secure designated training in connection with the
2025 Security Project; provided, however, that the District's undertaking to make payments to the
City are conditioned on the following:
(i) The City's ongoing compliance with this Agreement and its timely provision of
support in accordance with Section 1.1 hereof (the "Security Services");
(ii) Receipt of sufficient funds from the District's assessments of its members, after
payment and/or setting aside of sufficient funds to pay for the District's operating and
administrative expenses and other contractual obligations during the term of this
Agreement; and
(iii) The maximum that the District is undertaking to pay to the City for the 2025
Security Project hereunder shall not exceed $15,250, as follows:
a. Not to exceed $14,750 in local matching share funds for the purchase of the two (2)
reserve motors; and
b. Not to exceed $500 in local matching share funds for the purchase of the motor stand
and fittings.
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The District shall have no obligation under this Agreement to fund any portion of the ongoing
maintenance and operation costs and expenses of the Security Projects or Security Services. As
between the City and the District, all such costs and expenses shall be borne exclusively by the City.
Payment may be made directly by the District through its Board or, in the Board's discretion,
through the Greater Houston Port Bureau or other third party, as directed by the Board.
Notwithstanding anything in this Agreement or elsewhere to the contrary, it is understood and
agreed that:
(i) The Board of the District and its individual members shall have no liability to the
City or any other person or entity under or by virtue of this Agreement for any failure to
assess or collect assessments sufficient in amount to pay the City the sums set forth herein;
(ii) The District shall have no obligation to assess its members and/or make further
payments to the City beyond the express scope and term of this Agreement, or to continue
or to enter into any extension(s) of the term of this Agreement or any similar or continuing
agreements; and
(iii) This Agreement shall not be deemed or construed to create a constitutional debt of
either Party or to obligate (a) the City to make expenditures or to incur costs in excess of
available revenues, or (b) the District to make payments to the City from any sources or in
any amounts in excess of the limits set forth herein.
3. TERM AND TERMINATION
3.1. Term.
This Agreement is effective on the Effective Date and expires on the later of two (2) years
thereafter or the end of the performance period for the Port Security Grants obtained by the City for
the 2025 Security Project, unless sooner terminated according to the terms of this Agreement;
provided, however, the City's obligations hereunder to provide the Security Services will continue
during the useful life of the Security Projects and survive the expiration of the term of this
Agreement.
3.2. Termination.
3.2.1.1. A Party may only suspend or terminate its performance under this
Agreement upon default by the other Party. Default by a Party occurs if the Party fails to perform
or observe any of the terms and conditions of this Agreement. Should such a default occur, the
Party claiming such default shall have the right to terminate this Agreement as of the 30th day
following the mailing of written notice describing the default and intended termination. Such
termination shall be deemed withdrawn if, within the 30-day period, the defaulting Party cures the
default, or such termination may be stayed, at the sole option of the Party claiming that such default
has occurred, pending cure of the default, provided that such cure shall be commenced and
completed within a reasonable time under the circumstances.
3.2.1.2. Upon termination of this Agreement by the District due to continuing
default by the City, the District shall be entitled to a refund of its payments to the City (to the extent
not expended or committed by the City).
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4. NOTICES
Notices under this Agreement shall be sent as follows:
To the City
City of Baytown
Attn: City Manager
2401 Market Street
Baytown, Texas 77520
With a copy to:
City of Baytown
Attn: City Attorney
2401 Market Street
Baytown, Texas 77520
5. INDEPENDENT ENTITIES
To the District
Chair, Board of Directors
Houston Ship Channel Security District
4400 Highway 225, Suite 200
Deer Park, Texas 77536
With a copy to:
Daniel Ringold
Schwartz, Page & Harding, LLP
1300 Post Oak Blvd., Suite 2400
Houston, Texas 77056
It is understood and agreed that the City and the District are independent governmental entities and
neither has authority to bind the other or to act as agent for the other.
6. ALLOCATION OF LIABILITY
Pursuant to Section 791.006(a) of the Interlocal Cooperation Act, the Parties acknowledge and
agree that, as between the Parties, the City shall bear sole responsibility for any civil liability that
arises in connection with the Security Projects and provision of Security Services under this
Agreement within the City and its service area. No Party waives or relinquishes any immunity or
defense (on behalf of itself, its directors, officers, employees and agents) as to third party claims as
a result of its execution of this Agreement and the performance of the covenants contained herein.
7. ASSIGNMENT; PARTIES BENEFITED
Neither Party hereto shall sell, assign, or transfer any of its rights or obligations under this
Agreement in whole or in part, without the prior written consent of the other Party. This Agreement
shall bind and benefit the City and the District and shall not bestow any rights upon any third party.
8. GOVERNING LAW AND VENUE
This Agreement is governed by and construed according to the laws of the State of Texas. Exclusive
venue of any action or claim arising out of this Agreement is Harris County, Texas. Failure of
either Party hereto to insist on the strict performance of any of the agreements herein or to exercise
any rights or remedies accruing hereunder upon the default or failure by an appropriate remedy,
shall not be considered a waiver of strict compliance with any other obligation hereunder, and shall
not be considered a waiver of any rights or remedies occurring as a result of any future development
or failure of performance.
9. ENTIRE AGREEMENT
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This instrument contains the entire agreement between the Parties relating to the rights granted and
obligation assumed. Any modifications concerning this Agreement are of no force and effect unless
in writing and executed by both Parties.
This Agreement supersedes and replaces the 2024 Agreement, which is terminated concurrently
with the execution and effective date of this Agreement.
This Agreement may be executed in multiple counterparts, each having equal force and effect of an
original. This Agreement shall become binding and effective only after it has been authorized and
approved by the governing bodies of each governmental entity, as evidenced by the signature of the
appropriate authority.
10. COMPLIANCE WITH LAWS
The Parties shall observe and comply with all federal, state, and local laws, rules, ordinances, and
regulations in any manner affecting the conduct of the services herein provided and performance
of all obligations undertaken by this Agreement.
11. SEVERABILITY
In the event that 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 of this Agreement shall be construed as if such invalid, illegal or unenforceable
provision has never been contained herein, but shall not affect the remaining provisions of this
Agreement, which shall remain in force and effect.
12. WRITTEN AMENDMENT
This Agreement may not be amended except in a written instrument specifically referring to this
agreement and signed by the Parties hereto.
{Signature Page Follows}
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The Parties have executed this Agreement in multiple copies, each of which is an original.
DISTRICT:
HOUSTON SHIP CHANNEL SECURITY
DISTRICT
By: _
Name:
Title:
ATTEST/SEAL:
Secretary
CITY:
THE CITY OF BAYTOWN, TEXAS
By:
City Manager
ATTEST/SEAL:
By:
City Secretary
APPROVED AS TO FORM:
City Attorney
COUNTERSIGNED
City Controller
DATE COUNTERSIGNED
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