Ordinance No. 7,358950727 -5
ORDINANCE NO. 7358
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
® TO EXECUTE AND THE CITY CLERK TO ATTEST TO A
REIMBURSEMENT AGREEMENT WITH UNITED STATES DEPARTMENT OF
JUSTICE FOR THE HIGH INTENSITY DRUG TRAFFICKING AREA
(HIDTA) --PROGRAM,;, 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 and City
Clerk of the City of Baytown to execute and attest to a
Reimbursement Agreement with United States Department of Justice
for the High Intensity Drug Trafficking Area (HIDTA) Program. A
copy of said agreement is attached hereto, marked Exhibit "I," and
made a part hereof 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 27th day of July,
1995.
PETE C. ALF 0,'Mayor
ATTEST
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
d"'-o W.Ie� / _'�
PaACIO RAMIREZ, SR., ity Attorney
0 legal/ council /july /7- 27- 95authAGREEhidta
•
Reimbursement Agreement
Between
The City of Baytown
and
United States Department of Justice
This Agreement ( "this Agreement ") will evidence the terms by which the United States
Department of Justice (the "Department ") will reimburse the City of Baytown ( "City ") for the work
of an independent contractor, whose duties and services will be prescribed by the Department_
I. DEFINITIONS
As used in this Agreement, the following words and phrases are defined to mean:
City: means and refers to the City of Baytown, Texas, its officers, agents and
employees.
Department: means the United States Department of Justice, its officers agents, and
employees.
Contractor: means an independent contractor of the City of Baytown to whom the
disbursements and reimbursements described herein shall be made.
HIDTA: means High Intensity Drug Trafficking Area.
II. CITY'S REIMBURSEMENT
The City shall receive, as compensation for services to be rendered under this Agreement,
the actual cost of the payment and expenses associated with the engagement of the Contractor. Such
anticipated expenses are enumerated and estimated herein:
ITEM
TOTAL ESTIMATED COST
Laptop Computer for HIDTA Deputy Coordinator
$3,000
Salary of HIDTA Deputy Coordinator
$90,000
Rental vehicle for HIDTA Deputy Coordinator
$2,000
Total Estimated Cost
$95,000
1:671, 1111
All costs and expenses incurred in the pursuit of the performance of the matters covered by
this Agreement and paid by the City shall be reimbursed by the Department within thirty (30) days
after receipt by the Department of an invoice with supporting documentation of the expenses due
and owing -to the City. Such payment will be considered overdue on the thirty- first'(31st) day after
the receipt of the invoice and will then bear interest at the rate of one percent (I %) each month such
payment remains overdue.
Department understands and agrees that the above - referenced expenses are merely estimates
of the costs which may be incurred in the performance of this Agreement and that the Department
shall be responsible for ALL expenses arising out of or in connection with the services rendered by
the City under this Agreement, whether or not specifically enumerated above or foreseeable at the
time of the execution of this Agreement. It being the intent of the parties hereto, both the
Department and the City, that the City shall not incur any expense in obtaining a HIDTA Deputy
Coordinator.
III. TERMINATION
This Agreement may be terminated by either party at any time without cause; provided that
the party wishing to terminate this Agreement gives the other party five (5) days written notice of
its intent to terminate the Agreement. Should this Agreement be terminated by the Department, then
the Department hereby agrees to pay the City all expenses incurred up to and including the date of
receipt of the notice to terminate this Agreement.
IV. SERVICES PROVIDED BY EACH PARTY
All property purchased with Department funds is property of the Department. Similarly, the
Department shall have full supervision of the contractor and shall provide all training, assignments,
duties, procedures, etc., for the Contractor. The City's sole responsibility under this contract is to
provide the Department with a bill along with copies of supporting documentation of the expenses
incurred in connection with the services of the Contractor. The Department and the City agree to
utilize the attached form, marked as Exhibit "A" and incorporated herein for all intents and purposes,
to engage the services of the Contractor.
V. MISCELLANEOUS PROVISIONS
This Agreement contains all the agreements of the parties relating to the subject matter hereof
and is the full and final expression of the agreement between the parties.
The Department agrees to and shall indemnify, hold harmless, and defend the City, its
officers, agents and employees, from and against any and all claims, losses, damages, causes of
action, suits and liability of every kind, including all expenses of litigation, court costs, and
• attorneys' fees, for any and all injuries, death or damages arising out of or in connection with
2
securing the Contractor or the services performed or advice given by the Contractor obtained
pursuant to this Agreement, where such injury, death or damages are caused in whole or in part by
the negligence of the City; provided, the City, its agents or employees are acting in the course and
scope of their official duties while promoting the objectives of this Agreement'or in the best interests
of the United States. It is the expressed intention of the parties hereto, both the Department and the
City, that the indemnity provided for in this paragraph is indemnity by the Department to indemnify
and protect the City from the consequences of the City's own negligence, whether that negligence
is the sole or a concurring cause of the resulting damage(s); provided, the City, its agents or
employees are acting in the course and scope of their official duties while promoting the objectives
of this Agreement or in the best interests of the United States.
All notices required to be given hereunder shall be given in writing either by telecopier,
overnight, or facsimile transmission, certified or registered mail at the respective addresses of the
parties set forth herein or at such other address as may be designated in writing by either party.
Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the
following addresses:
ORGANIZATION
United States Department of Justice
Southern District of Texas
Attn: United States Attorney or
United States Attorney Houston HIDTA Coordinator
910 Travis, Suite 1500
Houston, TX 77208
ITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Neither the Department nor the City shall sell, assign, or transfer any of its rights or
obligations under this Agreement in whole or in part without prior written consent of the other party.
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 thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be Baytown,
Harris County, Texas.
• 3
•
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force -and effect.
The officers executing this Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Agreement and to bind the party he represents.
EXECUTED IN DUPLICATE ORIGINALS this the day of
1995.
UNITED STATES DEPARTMENT OF JUSTICE
Name
Title
STATE OF TEXAS §
S
COUNTY OF HARRIS §
Before me, on this day, personally appeared , known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN TO before me on the day of July, 1995.
Notary Public in and for the State of Texas
THE CITY OF BAYTO WN, TEXAS
BOBBY ROUNTREE, City Manager
4
® ATTEST:
Eileen P. Hall, City Clerk
APPROVED AS TO FORM:
Ignacio Ramirez, Sr., City Attorney
h:k1h8 /usjusticc
•
5
0 Professional Services Agreement
Between
The City of Baytown
and
. This Agreement ( "this Agreement ") shall evidence the terms by which the City of Baytown
(the "City ") engages , an independent contractor (the "Contractor "), for
the purpose of serving as the Houston High Intensity Drug Trafficking Area ( "HIDTA ") Deputy
Coordinator, with such duties and responsibilities as hereinafter prescribed from time to time by the
United States Attorney or his designee.
The Agreement is contingent on funding by Grant # made available
through the Office of National Drug Control Policy ( "ONDCP ") administered by the Office of
Justice Programs. The United States Attorney - Southern District of Texas serves as the coordinator
for the Houston High Intensity Drug Trafficking Area (Houston HIDTA) under which this
Agreement is administered.
Term of Agreement: The term of this Agreement shall be the twelve month period
commencing on , 1995, through , 1996.
2. Services: Contractor agrees to perform the professional services as directed by
the Coordinator of the Houston HIDTA, including the development of efficient and
effective administrative procedures for the Houston HIDTA which will include
procedures for ongoing review of the HIDTA - funded initiatives, the maintenance of
an inventory list and the maintenance of minutes of the HIDTA Executive Board
meetings. Contractor will be expected to travel to other HIDTA's to review their
administrative procedures in order to provide guidance for developing effective
procedures for the Houston HIDTA.
The City's only responsibility under this Contract is to administer the contract
between the United States Department of Justice ( "Department ") and the City .by
supplying the Department the proper documentation regarding any payment due the
Contractor and disbursing such funds to the Contractor. Such contract is attached
hereto as Exhibit "B" and made a part hereof for all intents and purposes.
3. Relationship: Contractor is and shall at all times be an independent contractor and
is not to be considered an agent or employee of the City.
4. Payment: As full payment for those professional services rendered in accordance
with this Agreement, the City shall disburse to Contractor the amount of
$ per month during the term of this Agreement.
EXHIBIT A
5. Expense Reimbursement: Contractor shall be entitled to reimbursement for
certain approved expenses incurred while performing the services contained in this
-Agreement in. accordance with Payment and Expense Reimbursement over the term
of this Agreement. The balance of this budgeted expense fund may revert to
Contractor at the conclusion of this Agreement with the approval of the HIDTA
Coordinator.
6. Payment and Expense Reimbursement Approval:
Payment for services rendered shall be paid on a monthly basis. Contractor shall
submit a monthly billing indicating the monthly payment and shall submit the
original receipts for expenses to be reimbursed. All requests for payment and/or
reimbursement shall be reviewed and approved for payment by the HIDTA
Coordinator or his designee prior to submission to the City.
All requests for expense reimbursement submitted shall be in conformance with
current published guidelines used in the administration of the High Intensity Drug
Trafficking Area Grant Programs.
7. Payment and Expense Reimbursement Processing:
Contractor shall submit approved invoices to the Chief of Police for payment and
reimbursement. The Chief of Police shall arrange for the payment of such invoices
through the appropriate City of Baytown processes.
8. Taxes: Contractor shall be solely responsible for any and all federal, state and
local tax consequences that result from his receipt of any payments or
reimbursements paid in accordance with this Agreement.
9. Automobile Restrictive Use: Contractor shall be provided an automobile for
use during official Houston HIDTA business. Contractor shall be obligated to
reimburse the City for any personal use of said automobile. Such reimbursement will
then be routed to the Department, if appropriate.
10. Termination: This Agreement may be terminated by either party at any time without
cause; provided, however, should the Contractor terminate this Agreement, the
Contractor shall give the City seven (7) days written notice of his intent to terminate
the Agreement. In any event, at the termination of this Agreement, the Contractor
shall receive as his sole compensation, payment for the services actually performed
in accordance with the payment provision of article 4 hereof plus any expenses to
which he is due and owing at the time of the termination.
0 2
11. Miscellaneous Provisions:
40
(a) This Agreement shall not bestow any rights upon any third party, but rather,
shall bind and benefit the Contractor and the City only.
C
(b) This Agreement contains all the agreements of the parties relating to the
subject matter hereof and is the full and final expression of the agreement between .
the parties.
(c) The Contractor agrees to and shall indemnify, hold harmless, and defend the
City, its officers agents and employees, from and against any and all claims, losses,
damages, causes of action, suits and liability of every kind, including all expenses of
litigation, court costs, and attorneys' fees, for any and all damages arising out of or
in connection with the services performed or advice given by the Contractor pursuant
to this Agreement, where such damages are caused in whole or in part by the
negligence of the City. It is the expressed intention of the parties hereto, both the
Contractor and the City, that the indemnity provided for in this paragraph is
indemnity by the Contractor to indemnify and protect the City from the consequences
of the City's own negligence, whether that negligence is the sole or a concurring
cause of the resulting darnage(s).
(d) Neither the Contractor nor the City shall sell, assign, or transfer any of its
rights or obligations under this Agreement in whole or in part without prior written
consent of the other party.
(e) 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 thereunder upon
default or failure of performance shall not be considered a waiver of the right to insist
on and to enforce by an appropriate remedy, strict compliance with any other
obligation hereunder to exercise any right or remedy occurring as a result of any
future default or failure of performance.
(f) This Agreement shall in all respects be interpreted and construed in
accordance with and governed by the laws of the State of Texas and the City,
regardless of the place of its execution or performance. The place of making and the
place of performance for all purposes shall be Baytown, Harris County, Texas.
(g) All parties agree that should any provision of this Agreement be determined
to be invalid or unenforceable, such determination shall not affect any other term of
this Agreement, which shall continue in full force and effect.
3
® EXECUTED IN DUPLICATE ORIGINALS this the day of
1995.
CONTRACTOR
Name
Printed Name
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, on this day, personally appeared , known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN TO before me on the day of ,
1995.
ATTEST:
Eileen P. Hall, City Clerk
APPROVED AS TO FORM:
Ignacio Ramirez, Sr., City Attorney
• b;k1h8 /hidta
Notary Public in and for the State of Texas
THE CITY OF BAYTOWN, TEXAS
BOBBY ROUNTREE, City Manager
4
•
Reimbursement Agreement
Between
The City- of Baytown
and
United States Department of Justice
This Agreement ( "this Agreement ") will evidence the terms by which the United States
Department of Justice (the "Department ") will reimburse the City of Baytown ('`City ") for the work
of an independent contractor, whose duties and services will be prescribed by the Department_
I. DEFINITIONS
As used in this Agreement, the following words and phrases are defined to mean:
City: means and refers to the City of Baytown, Texas, its officers, agents and
employees.
Department: means the United States Department of Justice, its officers agents, and
employees.
Contractor: means an independent contractor of the City of Baytown to whom the
disbursements and reimbursements described herein shall be made.
HIDTA: means High Intensity Drug Trafficking Area.
II. CITY'S REIMBURSEMENT
The City shall receive, as compensation for services to be rendered under this Agreement,
the actual cost of the payment and expenses associated with the engagement of the Contractor. Such
anticipated expenses are enumerated and estimated herein:
ITEM
TOTAL ESTIMATED COST
Laptop Computer for HIDTA Deputy Coordinator
$3,000
Salary of HIDTA Deputy Coordinator
$90,000
Rental vehicle for HIDTA Deputy Coordinator
$2,000
,Total Estimated Cost
$95,000
EXHIBIT 0
® All costs and expenses incurred in the pursuit of the performance of the matters covered by
this Agreement and paid by the City shall be reimbursed by the Department within thirty (30) days
after receipt by the Department of an invoice with supporting documentation of the expenses due
and owing to the City,.-- Such payment will be considered overdue on-the thirty- first-(3 i st) day after
the receipt of the invoice and will then bear interest at the rate of one percent (1%) each month such
payment remains overdue.
Department understands and agrees that the above - referenced expenses are merely estimates
of the costs which may be incurred in the performance of this Agreement and that the Department
shall be responsible for ALL expenses arising out of or in connection with the services rendered by
the City under this Agreement, whether or not specifically enumerated above or foreseeable at the
time of the execution of this Agreement. It being the intent of the parties hereto, both the
Department and the City, that the City shall not incur any expense in obtaining a HIDTA Deputy
Coordinator.
III. TERMINATION
This Agreement may be terminated by either party at any time without cause; provided that
the party wishing to terminate this Agreement gives the other party five (5) days written notice of
its intent to terminate the Agreement. Should this Agreement be terminated by the Department, then
the Department hereby agrees to pay the City all expenses incurred up to and including the date of
receipt of the notice to terminate this Agreement.
IV. SERVICES PROVIDED BY EACH PARTY
All property purchased with Department funds is property of the Department. Similarly, the
Department shall have full supervision of the contractor and shall provide all training, assignments,
duties, procedures, etc., for the Contractor. The City's sole responsibility under this contract is to
provide the Department with a bill along with copies of supporting documentation of the expenses
incurred in connection with the services of the Contractor. The Department and the City agree to
utilize the attached form, marked as Exhibit "A" and incorporated herein for all intents and purposes,
to engage the services of the Contractor.
V. MISCELLANEOUS PROVISIONS
This Agreement contains all the agreements of the parties relating to the subject matter hereof
and is the full and final expression of the agreement between the parties.
The Department agrees to and shall indemnify, hold harmless, and defend the City, its
officers, agents and employees, from and against any and all claims, losses, damages, causes of
action, suits and liability of every kind, including all expenses of litigation, court costs, and
attorneys' fees, for any and all injuries, death or damages arising out of or in connection with
• securing the Contractor or the services performed or advice given by the Contractor obtained
pursuant to this Agreement, where such injury, death or damages are caused in whole or in part by
the negligence of the City; provided, the City, its agents or employees are acting in the course and
scope of their official duties while promoting the objectives of this Agreement or in the-best interests
of the United States. It is the expressed intention of the parties hereto, both the Department and the
City, that the indemnity provided for in this paragraph is indemnity by the Department to indemnify
and protect the City from the consequences of the City's own negligence, whether that negligence
is the sole or a concurring cause of the resulting damage(s); provided, the City, its agents or
employees are acting in the course and scope of their official duties while promoting the objectives
of this Agreement or in the best interests of the United States.
All notices required to be given hereunder shall be given in writing either by telecopier,
overnight, or facsimile transmission, certified or registered mail at the respective addresses of the
parties set forth herein or at such other address as may be designated in writing by either party.
Notice given by mail shall be deemed given three (3) days after the date of mailing thereof to the
following addresses:
ORGANIZATION
United States Department of Justice
Southern District of Texas
Attn: United States Attorney or
United States Attorney Houston HIDTA Coordinator
910 Travis, Suite 1500
Houston, TX 77208
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
Neither the Department nor the City shall sell, assign, or transfer any of its rights or
obligations under this Agreement in whole or in part without prior written consent of the other party.
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 thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce by an
appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or
remedy occurring as a result of any future default or failure of performance.
This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas and the City, regardless of the place of its execution or
performance. The place of making and the place of performance for all purposes shall be Baytown,
Harris County, Texas.
® 3
•
All parties agree that should any provision of this Agreement be determined to be invalid or
unenforceable, such determination shall not affect any other term of this Agreement, which shall
continue in full force and effect.
The officers executing this Agreement on behalf of the parties hereby represent that such
officers have full authority to execute this Agreement and to bind the party lie represents.
EXECUTED IN DUPLICATE ORIGINALS this the day of
, 1995.
UNITED STATES DEPARTMENT OF JUSTICE
Name
Title
STATE OF TEXAS §
COUNTY OF HARRIS 5
Before me, on this day, personally appeared , known
to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN TO before me on the day of July, 1995.
Notary Public in and for the State of Texas
THE CITY OF BAYTOWN, TEXAS
BOBBY ROUNTREE, City Manager
4
ATTEST:
•
Eileen P. Hall, City Clerk
APPROVED AS TO FORM:
Ignacio Ramirez, Sr., City Attorney
b:l ih8 /usjustice
is