Ordinance No. 14,142ORDINANCE NO. 14,142
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO AN INTERLOCAL AGREEMENT WITH
HARRIS COUNTY FOR THE EXCHANGE OF INFORMATION FOR
PUBLIC SAFETY PURPOSES THROUGH SEARCH ENGINE QUERIES OF
DATABASES; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 and the City Clerk to attest to an Interlocal Agreement with Harris
County for the exchange of information for public safety purposes through search engine queries
of databases. A copy of said agreement is attached hereto as 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 August, 2019.
BRANDON CA ETILLO, Magor
ATTE T:
L ICIA BRYSCH, Clerk
APPROVED AS TO FORM:
� Y
ACIO RAMIREZ, SR.,PtAttorney
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R `•.Karen Files%City Council Ordinances\2019\August 8 HarrisCountylnterlocalAgreement4lnfoSharing.doc
Exhibit "A"
THE STATE OF TEXAS §
COUNTY OF HARRIS §
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF BAYTOWN AND
HARRIS COUNTY, TEXAS
This Interlocal Agreement (this "Agreement") is made pursuant to Chapter 791 of the Texas
Government Code (the Interlocal Cooperation Act), as amended, and entered into by and between
the City of Baytown, a home rule city of the state of Texas (the "City") on behalf of the Baytown
Police Department ("BPD") and Harris County, Texas (the "County"), a body corporate and politic
under the laws of the State of Texas, acting by and through Harris County Sheriff's Office
("HCSO"). The Parties agree to abide by the terms and provisions of this Agreement throughout the
duration of this Agreement.
RECITALS
WHEREAS, the Parties desire to outline the responsibilities of the City and the County with regard
to information exchange for public safety purposes through search engine queries of databases.
WHEREAS, both Parties desire to provide more effective utilization of public resources by BPD
and HCSO.
WHEREAS, the Parties desire to increase cooperation and information sharing between BPD and
HCSO.
AGREEMENT
NOW, TI IEREFORE, the City and County (each a "Party" and together, the "Parties.") agree as
follows:
1. RESPONSIBILITIES OF THE PARTIES
The County and the City shall:
i. Provide access to query information maintained on the databases that each Party
has connected to their respective search engines;
ii. Only use access to query the databases for legitimate law enforcement purposes.
Search engine queries are subject to audit and unauthorized use may result in immediate
termination of access;
iii. Comply with federal law and regulations, state law and administrative code, rules,
procedures, and policies, now in effect or in the future formally approved and adopted by CJIS or
Texas Department of Public Safety (TXDPS) in regard to any criminal justice information
furnished through systems accessing CJI;
iv. Meet or exceed all applicable security requirements as described in the CJIS
Security Policy, now in effect or in the future promulgated;
V. Keep information exchanged through the search engine queries confidential
except to the extent that disclosure is required by Federal or State law, including the Texas Public
Information Act, TEx. Gov'T CODE ANN. §§ 552.001 et seq., as amended; and
vi. Notify the other Party if exchanging information through search engine queries is
no longer desired.
Neither the City nor the County has appropriated, certified, or allocated any funds for this
Agreement and the Parties expressly agree that neither Party is required to expend any funds to
satisfy its obligations under this Agreement.
2. TERM AND TERMINATION
a. Term. The effective date of this Agreement shall be on the later date either Party
executes it, and the Agreement shall remain in effect for twelve (12) consecutive months unless
earlier terminated according to the terms of this Agreement. In accordance with TEx. GOv'T CODE
ANN. § 791.011(f), this Agreement may be renewed each year by each Party's governing body
without additional written amendment. If either Party does not intend to renew this Agreement,
that Party will give thirty (30) days written notice to the other Party, at which point each Party's
respective technical staff will disable access.
b. Termination. Either Party may terminate this Agreement with thirty (30) days
written notice, at which point each Party's respective technical staff will disable access. In the event
that it comes to the attention of either Party that access is being used in an inappropriate or unlawful
manner either Party shall have the right to immediately disable access and terminate this
Agreement.
3. DISPUTES
Any disputes arising between the Parties pertaining to the rights granted or obligations
assigned under this Agreement will be brought to the attention of the County's CTS Public Safety
Technology & CJIS Liaison and the BPD Chief Technical Officer for resolution. Disputes or issues
that cannot be resolved within five (5) business days will be escalated to the Harris County Sheriff,
CTS Deputy Director, and BPD's Chief of Police or his designee. The dispute resolution process
contained in this section represents the entire process agreed to by the Parties.
Nothing in this agreement is meant to reduce the current high level of cooperation that
exists between the Parties, but rather is a commitment to enhance the ability to jointly manage and
respond to incidents and better serve those citizens for which we jointly work.
4. INDEPENDENT ENTITIES
It is understood and agreed that the City and the County are independent governmental
entities and neither has authority to bind the other or to act as agent for the other.
5. LIABILITY OF PARTIES
Nothing in this Agreement may be construed as creating any personal liability on the part
of any officer, director, employee or agent of any public body that may be a Party to this Agreement
and the Parties expressly agree that the execution of this Agreement does not create any personal
liability on the part of any officer, director, employee or agent of City or County. The Parties shall
be responsible for their own acts of negligence.
Where any injury or property damage results from the joint or concurring negligence of the
Parties, liability, if any, shall be shared by each Party on the basis of comparative responsibility in
accordance with the applicable laws of the State of Texas, subject to all defenses, including
governmental immunity.
These provisions are solely for the benefit of the Parties hereto and not for the benefit of
any person or entity not a party to this Agreement. No provisions shall be deemed a waiver of any
defenses available by law.
Nothing in this Agreement should be construed as either Party providing law enforcement
services as contemplated in TEx. Gov'T CODE ANN. § 791.006.
6. NOTICES
Notices under this Agreement shall be sent as follows:
To the City
Chief of Police
Baytown Police Department
3200 N. Main
Baytown, Texas 77521
To the County
Harris County Sheriffs Office
1200 Baker Street
Houston, Texas 77002
Copy to:
Harris County Universal Services
406 Caroline Street, 40i Floor
Houston, Texas 77002
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 County and shall not bestow any rights upon any
third party.
8. GOVERNING LAW; 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
This Agreement is the entire agreement between the Parties relating to the rights granted
and obligations assumed. Any modifications concerning this Agreement are of no force and effect
unless in writing and executed by both Parties.
This Agreement may be executed in several counterparts. Each counterpart is deemed an
original. All counterparts together constitute one and the same instrument. Each Party warrants
that the undersigned is a duly authorized representative with the authority as required by TEx.
GOV'T CODE ANN. § 791.011 (d)(1), to execute this Agreement.
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.
Signatures
The Parties have executed this Agreement in multiple copies, each of which is an original.
COUNTY:
HARRIS COUNTY, TEXAS
By:
Name: Lina Hidalgo
Title: County Judge
Approved by:
By:
Sheriff, Harris County Sheriff's Office
By:
Executive Director & CIO,
Harris County Central Technology
Services
APPROVED AS TO FORM:
Vince Ryan
Hams County Attorney
By:
Assistant County Attorney
19GEN 19891192
CITY:
TIIE CITY OF BAYTOWN, TEXAS
By:
Name: Brandon Capetillo
Title: Mayor
ATTESTSEAL:
By:
Leticia Brysch, City Clerk
Approved by:
By:
Chief of Police, Baytown Police Department
APPROVED AS TO FORM:
Ignacio Ramirez, City Attorney