Ordinance No. 7,059940811 -4
ORDINANCE NO. 7059
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH CITY OF HOUSTON; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED NINETY -FOUR
THOUSAND FORTY AND N01100 DOLLARS ($194,040.00); 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 Mayor and City Clerk of
the City of Baytown to execute and attest to an Interlocal
Agreement with City of Houston. A copy of said agreement is
attached hereto, marked Exhibit "A, 11 and made a part hereof for all
intents and purposes.
Section 2: That the City Council of the City of Baytown
authorizes payment to City of Houston of the sum of ONE HUNDRED
NINETY -FOUR THOUSAND FORTY AND N01100 DOLLARS ($194,040.00),
pursuant to the Agreement.
Section 3: 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 11th day of August,
1994.
Z'A 0 Lt�t
PETE C. ALFOMO, Mayor
ATTEST:
EILE P. . L, City Clerk
APPROVED AS TO FORM:
ACID RAMIREZ, ., City Attorney
• 1maV*u =Ws11- %av&Aa
INTERLOCAL AGREEMENT
HARRIS COUNTY ORGANIZED
CRIME AND NARCOTICS TASK FORCE GRANT
FCJ 7o
THE STATE OF TEXAS s
S
COUNTY OF HARRIS s
This Interlocal Agreement, ( "the Agreement ") is entered into
between the City of Houston, a municipal corporation situated in
Harris County, Texas, ( "Houston "), and the City of Baytown, a
municipal corporation situated in Harris and Chambers Counties,
Texas, ( "Baytown "), pursuant to the Interlocal Cooperation Act,
Tex.Govft Code Ann. S 791.001 - 791.014 (Vernon 1994).
W I T N E 8 8 E T H
WHEREAS, Baytown, through its Police Department, ( "BPD"), has
been awarded a grant by the Office of the Governor, Criminal
Justice Division, State of Texas, in the amount of $2,104,885.00,
entitled "Harris County Organized Crime and Narcotics Task Force
Grant" (Grant No. DB- 94 -B02- 07465, "the Grant ");
WHEREAS, the target geographic area of such Grant program is
the Houston Metropolitan Area which includes incorporated as well
as unincorporated areas of Harris County, Galveston County and
Montgomery County;
WHEREAS, the Houston Police Department, Baytown Police
Department, and representatives of eighteen (18) other law
enforcement agencies in the metropolitan area have combined their
resources to form the Harris County Organized Crime and Narcotics
Task Force ( "the Force ");
WHEREAS, members of the Force have agreed to contribute a
total of $1,626,139 in matching funds for the purposes of the
• Grant;
Interlocal Agreement
Page 1
EXHIBIT A
WHEREAS, the Grant funds, in part, will be expended to pay
• personnel costs, costs of equipment and supplies, and operation
expenses as set out in Exhibit "A" to be used in the investigation,
prosecution, and prevention of organized and narcotics related
crime;
WHEREAS, Houston and Baytown believe it is in their best
interest to enter into this Agreement to carry out the Grant
program; and
WHEREAS, Baytown and Houston agree to abide by all pertinent
federal, state, and local laws and regulations;
NOW THEREFORE, IT I8 HEREBY AGREED AS FOLLOWS:
ARTICLE I.
Purpose
1.01 The purpose of this Agreement is to provide for the
responsibilities of Houston and Baytown as members of the
Force in regards to the investigation, prosecution and
prevention of organized and narcotics related crime.
ARTICLE II.
2.01 The Agreement shall be deemed to be effective on June 1,
1994, and shall terminate on the Grant expiration date,
on the termination date of any extension thereof granted
by the Office of the Governor, Criminal Justice Division,
State of Texas, hereinafter referred to as the "CJD ", or
May 31, 1995, whichever is later.
ARTICLE III.
3.01 As consideration for Houstonts performance under this
Agreement, Baytown agrees to reimburse Houston for
seventy --five percent (75 %) of the personnel expenses for
six (6) HPD police officers as provided in Exhibit "A,"
attached hereto and incorporated herein for all intents
and purposes. Houston will remain responsible for the
remaining twenty -five percent (25 %) of such expenses, but
in no event shall its obligation exceed $76,196.00. In
no event shall Baytown -'s obligation to pay Houston
personnel expenses for services provided hereunder by the
•
Interlocal Agreement
Page 2
HPD personnel exceed $194,040.00, except as provided
. under Article 3.04 hereof. Release of any funds
hereunder is subject to approval of the CJD.
3.02 Payments for reimbursable personnel and other expenses
shall be made monthly upon presentation of the HPD's
statement of expenses incurred and in accordance with
Exhibit "A."
3.03 Houston will be paid on the basis of monthly itemized
invoices submitted by Houston and approved by Baytown
showing the services performed and the attendant fee.
Baytown shall make payment to Houston within thirty (30)
days of the receipt by Baytown of such invoices. If any
items in any invoices submitted by Houston are disputed
by Baytown for any reason, including lack of supporting
documentation, Baytown shall temporarily delete the
disputed item and pay the remaining amount of the
invoice. Baytown shall promptly notify Houston of the
dispute and request clarification and /or remedial action.
After any dispute shall have been settled, Houston shall
include the disputed amount on a subsequent regularly
scheduled invoice or on a special invoice for the
disputed item only. The decision of Baytown regarding
all disputes involving Houston shall be final.
3.04 Baytown and Houston acknowledge that Baytown may receive
additional Grant funds with which it may pay Houston
personnel expenses for services provided hereunder in
subsequent years by HPD personnel assigned to the Force
over and above that amount provided in Article 3.01
hereof and on Exhibit "A" hereto. No warranties or
representations are being made by Baytown as to whether
such additional funds will be available, nor that Baytown
will apply for such funds. It is further acknowledged
that any additional application for Grant funds and award
of funds for use in payment of HPD services may require
a cash match by Houston. Upon Baytown's notification to
• Interlocal Agreement
Page 3
Houston of the amount of the cash match required, Houston
shall either pay the match or terminate this Agreement.
• ARTICLE IV.
4.01 The equipment, hardware, and other non - expendable items
used during performance under this Agreement may be owned
by either Houston, Baytown, other members of the Force,
or purchased with Grant funds. Upon termination of this
Agreement, ownership and possession of equipment,
hardware, and other non - expendable items will revert to
the respective owner. All parties participating in the
Force may donate property to the Force for its
participants" use from time -to -time during performance of
this Agreement, and it is understood that ownership of
such property will be retained by the respective owner
unless otherwise agreed in writing. Possession of any
equipment, hardware, or other non - expendable item
purchased with Grant funds will revert to Baytown upon
termination of this Agreement, unless otherwise approved
by CJD and agreed in writing.
4.02 It is acknowledged and agreed that HPD personnel may use
BPD owned automobiles and BPD personnel may use HPD owned
automobiles. In addition, it is acknowledged and agreed
that any person participating in the Force may use BPD
and HPD automobiles. Such use is authorized by this
Agreement and no other permission will be required or
deemed necessary. It is further agreed that the owner of
such vehicles shall maintain in full force and effect all
necessary insurance as provided herein and that such
coverage shall extend to any and all members of the
Force.
4.03 Houston acknowledges and agrees that all property seized
by any participants in the Force while performing in
accordance herewith or as a member of or on behalf of the
Force shall belong to BPD for use by the Force. Houston
waives all rights to any such property and to any
• Interlocal Agreement
Page 4
•
0
proceeds derived therefrom; and agrees to execute any
document or record and to assist in any manner to
establish such ownership in BPD.
ARTICLE V.
Scope of Services
5.01 Houston agrees to perform those services provided in
Exhibit "B" attached hereto and incorporated herein for
all intents and purposes.
5.02 Houston warrants that:
(a) Services performed by HPD personnel assigned to the
Grant program and any property acquired by Grant
funds or owned by Baytown and delivered to Houston
for their use, hereinafter "Property," are directly
and exclusively devoted to the Grant program and
that the amounts paid for personnel expenses are
not in excess of Houston's actual cost of same.
(b) Baytown will be notified of the location of all
Property placed in Houston's possession or under
its control and that such Property will not be
removed from such location without the express
written permission of BPD.
(c) HPD personnel assigned to the Grant program are not
receiving dual compensation from Houston and
Baytown for the same services performed under the
terms of this Agreement.
(d) Houston will cooperate with CJD, its agents,
representatives, and employees, and any other State
of Texas agency in regards to any audit,
investigation or inquiry concerning the Grant.
(e) All performance hereunder shall conform to the
professional standards prevailing in Harris County,
Texas, with respect to the scope, quality, due
diligence, and care of the services and products of
the type to be provided hereunder.
Interlocal Agreement
Page 5
5.03 Houston agrees to comply with the regulations, policies,
• guidelines, and requirements provided in the Grant,
Exhibit "C" and OMB Circulars No. A -122, A -110, A -102,
and A -87 as they relate to the Agreement and use of
Federal Funds.
5.04 Baytown and Houston agree that HPD personnel assigned to
work with the Force shall 'at all times be and remain
employees of Houston.
5.05 Houston agrees that HPD personnel assigned to the Grant
program will be subject to the disciplinary rules,
operating procedures, and professional standards of HPD,
and also subject to the disciplinary rules, operating
procedures, and professional standards of the Force.
Where there is conflict between the disciplinary rules,
operating procedures or professional standards of HPD and
the Force, the respective disciplinary rules, operating
procedures and professional standards of HPD will
control.
0
ARTICLE VI.
formation /Data
6.01 Houston shall keep all materials to be prepared hereunder
and all Baytown data it receives in strictest confidence
excluding those documents and records filed in the Courts
or otherwise classified as a "public record." Houston
shall not divulge such information except as approved in
writing by Baytown or as otherwise required by law.
6.02 Houston, except as otherwise required by law, shall make
no announcement or release of information concerning this
Agreement until such release has been submitted to and
approved in writing by Baytown and CJD. When issuing
statements, press releases, producing printed materials,
audio visuals, and other documents describing or related
to the Grant program, such material shall clearly state
that funding was provided by the City of Baytown Police
Department (through a grant to the Harris County
Interlocal Agreement
Page 6
Organized Crime and Narcotics Task Force) from the Office
• of the Governor, Criminal Justice Division, State of
Texas. Any such publicity shall be in a form approved by
CJD and Baytown and in accordance with State law.
6.03 Baytown shall have the right to perform, or cause to be
performed, (1) audits of the books and records of Houston
pertaining to Houston's performance under this Agreement,
and (2) inspections of all places where work is
undertaken in connection with this Agreement. Houston
shall be required to keep such books and records
available for such purpose to insure the availability,
useability, and safety of such records. The locations of
such records shall be disclosed to Baytown upon request.
Such records cannot be destroyed unless agreed in writing
by Baytown and CJD.
6.04 Houston agrees to make all data, reports, records, books,
papers, documents, and all other information in any form,
electronically produced or otherwise, that were prepared,
collected or assembled during performance of this
Agreement, concerning, derived from or as a result of the
Grant, available to Baytown, through any authorized
representative, within a reasonable time upon request.
ARTICLE VII.
Insurance and Release of Liability
7.01 Insurance
(a) Tort Claims - Baytown and Houston as state
political subdivisions, are governed by the Texas
Tort Claims Act, Chapter 101.001 et sect., Civil
Practice and Remedies Code which sets forth certain
limitations and restrictions on the types of
liability and the types of insurance coverages that
can be required of state agencies. Houston and
Baytown warrant and represent to each other that
they are self- insured or commercially insured for
all claims falling within the Tort Claims Act.
0
Interlocal Agreement
Page 7
• (b) Each party to this Agreement agrees that it shall
have no liability whatsoever for the actions or
omissions of an individual employed by another
party, regardless of where the individual's actions
occurred. Each party is solely responsible for the
actions and /or omissions of its employees and
officers.
•
ARTICLE VIII.
8.01 To the extent required by law, Houston shall comply with
all applicable laws, standards, orders, and regulations
regarding equal employment which are applicable to
Houston's performance of this Agreement, including
Executive Order No. 11246, as amended, and 41 C.F.R.,
which are incorporated herein by reference.
ARTICLE Ix.
9.01 This Agreement may be amended by the mutual agreement of
the parties hereto in writing to be attached to and
incorporated into this Agreement.
ARTICLE X.
Legal Constructions
10.01 In case any one or more of the provisions contained in
this Agreement shall 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.
ARTICLE XI.
Entire A ree ent
11.01 This Agreement supersedes any and all other agreements,
either oral or in writing, between the parties hereto
with respect to the subject matter hereof, and no other
agreement, statement, or promise relating to the subject
Iaterlocal Agreement
Page 8
0
matter of this Agreement which is not contained herein
shall be valid or binding.
CITY OF HOUSTON, TEXAS
ATTES SEAL
City Secretary
APPROVED:
OF
4;;�sfton Pol ce Chief
APPROVED AS TO FORM:
(10'. V. W, k 4, P! �' I, y 3 b L
Sr. Assistant CVty Attsbrney
L.D. File No.
ATTEST /SEAL:
City Clerk
APPROVED:
4PgEe•
B a r, Mayor
1
mid
DATEICOUERSIINED:
By C ty ntro ler
7 Z*
CITY OF BAYTOWN, TEXAS
Baytown Police Chief
As stant City Aittorney
WHCQCNI'P.AaR
Interlocal Agreement
Page 9
APPROVED:
Pete C. Alfaro, Mayor
COUNTERSIGNED BY:
City Finance Director
DATE COUNTERSIGNED:
By City Finance Director