Ordinance No. 8,419•: fl:
ORDINANCE NO. 8419
® 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 A PROFESSIONAL SERVICES AGREEMENT
WITH STANLEY E. FURCE, INDIVIDUALLY AND DB /A/ RESEARCH
INTERNATIONAL; AUTHORIZING PAYMENT FOR SERVICES UNDER THE
CONTRACT FROM GRANT FUNDS; 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 the City Clerk of the City of Baytown to execute and attest to a
Professional Services Agreement with Stanley E. Furce, Individually and d/b /a/ Research
International. A copy of said contract is attached hereto, marked Exhibit "A ", and made a part
hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to
Stanley E. Furce, Individually and d/b /a/ Research International, in accordance with Grant/Award
Number ISPHNP516, and all compensation for services performed under the contract will be from
these grant funds:
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 8 " day of October, 1998.
�1 . (f,
PETE C. ALFARO, Mayor
ATTEST:
y4d�� I�A4��e-e —
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
a
ACID RAMIREZ, City Attorney
c:klh I l I \ Council1OrdinanceskFurceYrofessionalSerivices .Ord
Professional Services Agreement
Between
The City of Baytown
and
Stanley E. Furce, Individually and d /b /a Research International
STATE OF TEXAS §
COUNTY OF HARRIS 5
This Agreement ( "this Agreement ") shall evidence the terms by which the City of Baytown
(the "City") engages Stanley E. Furce, Individually and d/b /a Research International, an independent
contractor (the "Contractor "), for the purpose of performing the services hereinafter enumerated in
relation to the Houston High Intensity Drug Trafficking Area ( "HIDTA "), with such additional
duties and responsibilities as may be hereinafter prescribed from time to time by the Office of
National Drug Control Policy ( "ONDCP ") and the HIDTA Executive Committee.
The Agreement is contingent on funding by Grant/Award Number I8PHNP516 made
available through the Office of National Drug Control Policy ("ONDCP"),
Term of Agreement: The term of this Agreement shall be the twelve -month period
commencing on October 1, 1998, through September 30, 1999.
2. Services: Contractor agrees to perform the professional services as directed by
the HIDTA Executive Committee and ONDCP, including, but not limited to, the
following:
a. serving as a liaison between the United States Attorney's Office ( "USAO ")
the ONDCP and other HIDTA's throughout the country and the various law
enforcement ag;:itcies and initiatives within the Houston HIDTA;
b. reviewing threat assessments /strategies/budget proposals to ensure the
initiatives conform to the goals of the national HIDTA program and the
overall Houston HIDTA focus;
C. providing creative input and direction for the HIDTA program;
d. coordinating, preparing and timely submitting the HIDTA reports required
by the ONDCP and the Administrative Services Section, Executive Office of
is the United States Attorneys;
Professional Services Agreement
Staille y E. Furce, Individual) and d /b /a Research International, Page l
UNDID A
• e. evaluating individual HIDTA - funded initiatives to ensure their focus
complies with the target assessment and strategy developed for the overall
Houston HIDTA;
f. developing and maintaining an- inventory of all specialized equipment
obtained and utilized by the HIDTA;
g. developing and maintaining an ' inventory of equipment obtained and
maintained with USAO/HIDTA funds and supplying to the City an inventory
listing of equipment purchased through funds supplied pursuant to this
Agreement;
h. developing and maintaining procedures for tracking the various law
enforcement statistics for all the HIDTA components;
establishing a Houston HIDTA -wide accounting system to track program
funding and establish an audit trail;
J. serving as an independent, interagency mediation resource and liaison for
agency heads and the initiatives' leadership;
k. maintaining contacts and'work with other HIDTA Directors throughout the
country to develop and ensure a coordinated national focus for the various
HIDTA's with shared information and resources as appropriate;
evaluating the effectiveness of agency case development and USAO
prosecution follow -up and developing improved interactions
(communications) among agencies and USAO;
M. working with DOD groups, national communications companies, other
HIDTA groups and local initiative technicians to develop ADP systems
which most effectively meet the needs of HIDTA yet remain within the
guidelines of various agency headquarters;
n. reviewing budget submissions and reprogramming requests to ensure
integrity of HIDTA - budget expenditures;
o. coordinating with initiative leaders to avoid duplication of effort through the
various HIDTA initiatives and maximize the use of HIDTA personnel and
material resources;
p. working with the USAO LECC Coordinator to develop joint training for
ie HIDTA personnel; and
Professional Services Agreement
Stanley G. Furce, Individually and d /b /a Research International, Page 2
® q. complying with the Financial and Administrative Guidelines
established by the HIDTA Assistance Center dated January 1997, and
as hereinafter amended, which are incorporated herein by this
reference for all intents and purposes.
The City's only responsibility under this Contract is to administer the cooperative
agreement contract between the ONDCP and the City by supplying the ONDCP the
proper documentation regarding any payment due the Contractor and disbursing such
funds to the Contractor. Such contract is attached hereto as Exhibit "A" and made
a part hereof for all intents and purposes.
�. 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 /personal services rendered in
accordance with this Agreement, the City shall disburse to Contractor the amount
approved by ONDCP for professional services during the term of this Agreement.
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 ONDCP or
its designee.
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 ONDCP or its
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
49 in accordance with this Agreement.
Professional Services Agreement
Stanley E. Force, Individually and d /b /a Research International, Page 3
® 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 ONDCP, 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. Contractor understands that should he no Ionger be able to perform
the services required herein for any reason, this entire Agreement shall automatically
terminate without notice. 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.
I]. Notice: All notices required to be given hereunder shall be given in writing
by telecopier, overnight, or facsimile transmission, certified or registered mail or by
hand delivery 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
address:
CONTRACTOR
Stanley E. Furce, Individually and d /b /a Research International
Attn. Stanley E. Furce
100 Cove Point
Montgomery, TX 77356
Telephone: (281) 987 -3882
Fax: (281) 987 -3889
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77572
Telephone: (281) 420 -6501
Fax: (281) 420 -6586
12. Miscellaneous Provisions:
(a) This Agreement shall not bestow any rights upon any third party, but rather,
shall bind and benefit the Contractor and the City only.
Professional Services Agreement
Stanley E. Furce, Individually and d /b /a Research International, Page 4
® (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) INDEMNITY
The Contractor, his officers, agents and employees 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 to or death of any
person or for damages arising out of or in connection with the services
performed or advice given by the Contractor, his officers, agents or employees
pursuant to this Agreement, where such damages are caused in whole or in
part by the negligence of the City, its officers agents and /or employees and /or
the sole or joint negligence of the Contractor, his officers agents and /or
employees. 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, its officers,
agents and employees (i) from the consequences of the negligence of the City,
its officers, agents or employees, whether that negligence is the SOLE or a
CONCURRING cause of the resulting injury, death or damage, and /or (ii)
from the consequences of the negligence of the Contractor, his officers, agents
and /or employees, whether that negligence is the sole or concurring cause of
the resulting injury, death or damage.
IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT
AGAINST THE CITY BY REASON OF ANY OF THE ABOVE THE CONTRACTOR
FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR
PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. This
indemnity provision shall survive the termination or expiration of this Agreement and
shall remain in full force and effect.
Upon termination or expiration of this Agreement, the parties hereto agree that
the above - referenced indemnity and the release contained in subsection (d) of this
section shall not expire but shall remain in effect.
(d) Contractor does hereby, for himself, his officers, agents, employees,
successors, assigns, personal representatives, heirs, executors, and administrators,
collectively referred to in this paragraph as "Contractor," release, acquit, and forever
discharge the City, its officers, agents, and employees, collectively referred to in this
paragraph as "City," of and from any and all debts, damages, claims, causes of
action, suits; liabilities, and demands of whatever nature, which Contractor might
now have or that might subsequently accrue by reason of any matter or thing
Professional Services Agreement
Stanley E. R11-CC. Individual/ and d /b /a Research International, Page 5
® whatsoever and particularly growing out of or in any way connected with, directly
or indirectly, this Agreement and/or the services to be performed pursuant to the
same, including, but not limited to, any claims for any workers' compensation, health
insurance or any other benefit provided by the City to its officers and/or employees;
any claims challenging the constitutionality or legality of any provision of this
Agreement; any and all existing or future common law, statutes, civil rights, or
constitutional claims; and any tort claims of any nature.
•
(e) Contractor covenants and agrees that he will not employ any individual to
perform the services hereinbefore described pursuant to this Agreement unless such
individual has signed a release and indemnity agreement releasing and indemnifying
the City from all claims, losses, damages, causes of action, suits and liability of every
kind, regardless of any negligence on the part of the City. Such release and indemnity
agreement must be in accordance with and provide at a minimum the same
protections to the City as afforded in subsections (c) and (d) hereinabove.
(f) Notwithstanding anything to the contrary contained in this Agreement, the
City and the Contractor hereby agree that no claim or dispute between the City and
the Contractor arising out of or relating to this Agreement shall be decided by any
arbitration proceeding including, without limitation, any proceeding under the
Federal Arbitration Act (9 U.S.C. Section 1 - 14), or any applicable state arbitration
statue, including, but not limited to, the Texas General Arbitration Act, provided that
in the event that the City is subjected to an arbitration proceeding notwithstanding
this provision, the Contractor consents to be joined in the arbitration proceeding if
the Contractor's presence is required or requested by the City of complete relief to be
recorded in the arbitration proceeding.
(g) 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.
(h) 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.
(1) 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.
Professional Services Agreement
Stanley E. Force, Individually and d /b /a Research International, Pale 6
® 0) 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.
(k) In the event of any ambiguity in any of the terms of this contract, it shall not
be construed for or against any party hereto on the basis that such party did or did not
author the same.
(1) The officers executing this Agreement on behalf of the parties hereby confirm
that such officers have full authority to execute this Agreement and to bind the party
he /she represents.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple
copies, each of which shall be deemed to be an original, but all of which shall constitute but one and
the same amendment, this day of October, 1998.
CONTRACTOR:
STANLEY E. FURCE, Individually and dlb /a
Research International
CITY OF BAYTOWN, TEXAS:
BOBBY ROUNTREE, City Manager
ATTEST:
Eileen P. Hall, City Clerk
APPROVED AS TO FORM:
Ignacio Ramirez, Sr., City Attorney
0
Professional Services Agreement
Stanley E. Furce. Individually and d /b /a Research International, Page 7
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, , the undersigned notary public, on this day
personally appeared STANLEY E. FURCE, Individually and in his capacity as President of Research
International,
known to me;
proved to me on the oath of ; or
proved to me through his current
f description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(✓ one)
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he executed that instrument for the purposes and consideration therein expressed.
Given under my hand and seal of office this _ day of October, 1998,
Notary Public in and for the State of
Texas
My commission expires:
® Oklhl E 1lpolicekl- IIDTA.Furcel 998- 99ProvessionalSenicesAgreement
Professional Services Agreement
Stanley F. Force. Individual) and d /b /a Research International, Page 8
REQUEST FOR AWARD PERIOD EXTENSION
Office of National Drug Control Policy
Return to: HIDTA Assistance Center
8401 Northwest 53rd Terrace
Suite #200
Miami, Florida 33166
Grant #: 18PHNP516 Date: October i, 1998
Award Recipient: City of Baytown
HIDTA: Houston Initiative: Administration
Project Director: Mr. Stanley E. Furce
Award Amount: $567,455 (includes $35,500 modification)
Original Award Period: 01101/98 - 12131/98
Justification: This extension is requested to coordinate the dates of
this grant to the dates of the HIDTA Director's contract with the City of Baytown. The
Director's contract is currently up for renewal. The dates of the contract will be
October 1, 1998 thru September 30, 1999.
A 9 month extension is requested for the above referenced grant, changing the
award ending date to: September 30, 1999 (09/30/99)
GRANTEE REQUEST FOR 9 MONTH EXTENSION
Bobby Rountree Stanley E. Furce
Typed Name Typed Name
City Manager Director, Houston HIDTA
Title itle
(Signature) (Sign e)
Date /z,// 9.Po
Extension is not valid until received and approved by the ONDCP.
D(HIr A
.7
Executive Office of the President
AWARD
Office of National Drug Control Policy
Cooperative Agreement
Pale 1 of I
1. Recipient Name and Address
4. Award Number I8PHNP516
City of Baytown
5. Project Period: From 1 /l /98 To 12/31/98
2401 Market Street
Budget Period: From 1/1/98 To 12/31/98
Baytown, Texas 77520
IA. Recipient iRSNendor No.
6. Date: 7/21/98
7. Action
C] Initial
2. Subrecipient Name and Address
S. Supplement Number
4
0 Supplemental
2A. Subrecipient IRSNendor No.
9. Previous Award Amount $531,955
3. Project Title
Administration
10. Amount of This Award $35,500
1 I. Total Award $567,455.
�>pecial Conditions (Check, it applicable)
7 The above Cooperative Agreement is'approved subject to such conditions or limitations as are set
forth in the original Cooperative Agreement.
13. Statutory Authority for Grant: Public Law 105 -61
AUENCY 1
ype Name and I it a of Approving ON UCP I D. I yped Name and I it le of AuLhorizeci Kecipieni
Official Official
Rich Yamamoto Bobby Rountree
HIDTA Director' City of Baytown
16. Signature of Approving ONDCP Official 17. Signature of Authorized Recipient 17A. Date
• i
Aaencv I lse Only
18. Accounting Classification Code 19. HIDTA AWARD
•
•
Executive Office of the President
AWARD
Office of National Drug Control Policy
Cooperative Agreement
Page 1 of 1
1. Recipient Name and Address
4. Award Number 18PHNP516
City of Baytown
5. Project Period: From 1/1/98 To 12/31/98
2401 Market Street
Budget Period: From 1/1/98 To 12/31/98
Baytown, Texas 77520
IA. Recipient 1RSNendor No.
6. Date: 3/30/98
7. Action
t] Initial
2. Subrecipient Name and Address
8. Supplement Number
1
(] Supplemental
2A. Subrecipient IRSNendor No.
19. Previous Award Amount 5291,654
3. Project Title
Administration
10. Amount of This Award S4,000
1 I. Total Award S295,654
12. Jpectal l- Onamons �Checx, a apotucaote)
❑X The above Cooperarive A- eement is approved subject to such conditions or limitations as are sec
forth in the original Cooperative Ageement.
13. Statutory Authority for Grant: Public Law 105 -61
Iypea Name ana I icle of Approving . I l:). typea i ame aria t Ide oc Aumonzea Kectoieni
Official Official
Rich Yamamoto
HIDTA Director
Bobby Rountree
City of Baytown
16. Signature of Approving•ONDCP Official 17. Signature of Auth : ed Rmoient 17A. Date
Agency Use Onlv
18. Accounting Classification Code 19. HIDTA AWARD
•
Executive Office of the President AWARD
Office of National Drug Control Policy Cooperative Agreement Page 1 of 1
1. Recipient Name and Address
4. Award Number 17PHNP516
City of Baytown
2. Subrecipient Name and Address
2401 Market Street
rojec[ enoo: krom 11119l io i2iJii9b
Baytown, TX 77520
Budget Period: From 1/1/97 To 12/31198
1A. Recipient iRSNendor No.
6. Date: 5/28/98
7. Action
0 Initial
[73 Supplemental
2. Subrecipient Name and Address
8. Supplement Number
Modification 'r5
2A. Subrecipient IRSNeador No.
9. Previous Award Amount S 494,087
3. Project Title
Administration & Operational Support
Unit
10. Amount of This Award S
11. Total Award S494,087
Special Conditions (CEeck, it app cao el
�X Automatic Extension as requested.
/
Automatic Extension as requested
13. Statutory Authority for Grant. Public Law 100 -690
� AGENCY APPROVAL RECIPiENi ACCEPTANCE ®s
14. Typed Name an t e of Approving UNDCP
13. 1 yped Name ana i the of Authorized Recipient
Official
Official
Rich Yamamoto
Bobby Rountree
_ HMTA Director
City Manager
16. Signature of Approvin ONDCP Official
17. Signature of Authorized Recipient
17A.*Date
/
Automatic Extension as requested
No Signature Required
, L5-,T %ao r VL-U y
18. Accounting Classification Code 19. B DTA AWARD
E,
Executive Office. of the President.
AWARD
Oi�ca1
Office of National Drug. Control Poiicv
Coone.-ative-kareement
Pagc i or
1_ Recipient Name and Address
4. Award Number ISPHNP516
City of Baytown-
City of Baytown—
5. Proje_7Pe:iod: From. 1/1/98 To 12151/98.
2401 Marke_ Streer-
l? Slpa= of Authorized Recinie lt
Budget, Period_ From 1 /1 /98 To 12/3I/98
Baytown,.Texas 77520
IA. RecigienrlRS/Vendor No.
6. Date: 5/12/98'
7. Aczion
[i Initial
2_ Subremoient Naive and Address
S. Supplement Number
3
C.9 Suoplemencal
2A. Subrecipient IRS/VendorNo.
19. Previous Award Amount 5417,654
3_ Projecc-Tide
Adm in i errnIIon
10. Amount of This Award S114,301
l 1. Total Award S531,955
12_ Special C.OI1a lao s �C ec.-, a apoucaote)
The above COopemtrve Ag—m-ement 1s approved subjCrtTO SuCl COrlalriOns Or Ilmltanons as are Se:
forth ' the.orlgmai Coope=ve AgrC -_ =L
13. Stanutory Authority for Grant= Public Law 105-6 i
AUL-N CZ A ?_`ZUVAL �- �. 1 _
14. 1 ypea Name and I cue of Approvmg U (,_
I.D. t ypea Name.ma i cue of utnoriz°a ec;nleat
Oi�ca1
Oi$cial
Rich Yamamoto
Bobby Rountree -
EDTA. Director
City of Baytown—
16. Sipzzue of ADDroviner NDC? Official
l? Slpa= of Authorized Recinie lt
17A_ Date
Agency Use Oniy
18. Accoun'Ing Classificapon Code 19. =TA AWARD