Ordinance No. 8,454981124 -3
ORDINANCE NO. 8454
® AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH THE CITY OF HOUSTON FOR THE OPERATIONS OF
THE GULF COAST VIOLENT OFFENDER TASK FORCE; 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 to execute and City Clerk to attest to an Interlocal Agreement with the
City of Houston for the operations of the Gulf Coast Violent Offender Task Force. A copy of
said agreement is attached hereto, marked Exhibit "A," 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 24th day of November, 1998.
PETE C. ALFARO, Aayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
,. ;.. .
0 ckIhI20\ Council\ Ordinance \lnterlocalAgreementWithCityof ouston4GultCoas tViolentOffender'I'askForce
INTERLOCAL AGREEMENT
GULF COAST VIOLENT
OFFENDER TASK FORCE GRANT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Interlocal Agreement ( "Agreement ") is entered into between the City of Houston,
Texas ("City"), a municipal corporation, and the City of Baytown, Texas ( "Baytown "), a municipal
corporation situated in Harris County, Texas, pursuant to the Interlocal Cooperation Act, Tex. Gov't
Code Ann. ch. 791 (Vernon 1994 & Supp. 1998).
WITNESSETH
WHEREAS, the City, through the Houston Police Department ( "HPD "), previously was
awarded a grant by the Office of the Governor, Criminal Justice Division (CJD), State of Texas, to
establish the Gulf Coast Violent Offender Task Force ( "Task Force "), combining the resources of
HPD, the Harris County Sheriffs Office; and representatives of the Baytown Police Department,
Humble Police Department, Galveston County Sheriffs Department, Montgomery County Sheriffs
Department, the Pasadena Police Department, the Texas Department of Criminal Justice, the Texas
Department of Public Safety and the United States Department of Justice - Marshal's Office ; and
WHEREAS, the Task Force target geographic area is the Houston Metropolitan Area,
including incorporated as well as unincorporated areas of Harris County, Galveston County and
® Montgomery County; and
u :,AM:dp\%-p rt 1 c slco n tract\am\204 8 5
EXHIBIT A
October 14. 1998
0 WHEREAS, state funding for the Task Force expired September 30, 1998; and
WHEREAS, the participating agencies in the Task Force wish to continue the program
using accumulated income generated from asset forfeitures ("Program Income ") to cover
operational expenses, including travel, training and general office supplies, but excluding salaries
and fringe benefits; and
WHEREAS, the City and Baytown believe it is in their best interest to enter into this
Agreement to carry out the Task Force objectives; and
WHEREAS, Baytown and the City agree to abide by all pertinent federal, state and local
laws and regulations.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
ARTICLE L
PurJ20le
1.01 The purpose of this Agreement is to establish the responsibilities of the City and Baytown
as members of the Task Force in regards to the investigation, location and apprehension
of potentially violent suspects wanted in connection with active felony or parole violation
warrants and related matters.
ARTICLE II.
Term and Termination
2.01 The Agreement shall be deemed to be effective on the date of countersignature by the City
Controller of the City of Houston, and shall terminate on the last day of the Task Force
Program or any extension thereof unless terminated earlier by the parties according to the
• terms of this Agreement.
u; W �M:dpk"riileslcontmct\am120485 - 2 - October 14. 1998
® 2.02 Notwithstanding anything to the contrary, if Program Income is insufficient to cover the
•
Task Force's operational expenses, this Agreement shall terminate on the last day of the
fiscal period for which such funds were available. HPD shall deliver written notification
of such termination to Baytown within thirty (30) days after all Program Income has been
expended.
ARTICLE III.
Consideration
3.01 The City and Baytown agree to abide by the terms and conditions of this Agreement in
consideration for being allowed to participate in the Task Force and being permitted equal
access to a crime information network and equipment for use in the investigation, location
and apprehension of potentially violent suspects. Baytown expressly agrees to pay the
personnel expenses for the Baytown police officer(s) assigned to the Task Force.
ARTICLE IV.
Ownershi,p QfF4uinment
4.01 The equipment, hardware and other non - expendable items ( "Equipment ") used during
performance under this Agreement may be owned by City or Baytown or other members
of the Task Force, or may be purchased in whole or in part with Program Income
generated by the Task Force. Upon termination of this Agreement, ownership and
possession of all Equipment not purchased with Task Force funds will revert to the
respective owners. Any Equipment purchased with Task Force funds will revert to the
City.
u: \AM:dp \wpfdcs \contract\am\20485 - 3 - Octobcr 14, 1998
® 4.02 Baytown personnel may use HPD -owned automobiles and HPD personnel may use
Baytown -owned automobiles, and both parties shall permit other Task Force participants
to use such vehicles, while performing duties under this Agreement. The owners of such
automobiles shall maintain all necessary insurance and such coverage shall extend to all
members of and participants in the Task Force.
4.03 Property seized by any Task Force participant while performing in accordance with this
Agreement, or as a member of or on behalf of the Task Force, shall be the property of
HPD for use by the Task Force as provided by law. Baytown waives all rights to any
such property and to any proceeds derived therefrom and agrees to execute any document
or record and to assist in any manner to establish such ownership in HPD. It is
acknowledged and agreed that Baytown and HPD may enter into a separate agreement
regarding the forfeiture of property pursuant to Chapter 59 of the Texas Code of Criminal
Procedure, as amended. Should such separate agreement be duly executed and approved
by Baytown and HPD, this section shall be null and void as of the date such separate
agreement becomes effective.
ARTICLE V.
�I
5.01 Baytown officers assigned to the Task Force shall identify, document and exhaust all
valuable leads on targeted cases using surveillance techniques and informant leads when
necessary. Baytown officers shall coordinate cases resulting in arrest with the investigator
who sought the original indictment and shall maintain records showing the disposition of
• each case assigned, including follow -up tracking of each suspect arrested.
uAAM:dplwpr,1cs%conuact%amUO485 - 4 - Octobcr 14. 1998
® 5.02 Baytown warrants that:
(a) Services performed by Baytown personnel assigned to the Task Force and any
property acquired with Program Income generated by the Task Force or owned by
the City and delivered to Baytown for its use ( "Property") are directly and
exclusively devoted to the Task Force.
(b) City will be notified of the location of all Property placed in Baytown's possession
or under its control, and such Property will not be removed from such location
without the express written permission of HPD.
(c) Baytown shall cooperate with the City, its agents, representatives and employees,
and any other State of Texas agency in regards to any audit, investigation or inquiry
concerning the Task Force.
(d) Baytown's performance under this Agreement 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 under this
Agreement.
5.03 Baytown agrees that Baytown personnel assigned to the Task Force shall be subject to
the procedures and policies of the Task Force, as well as those of Baytown. If there is a
conflict between the procedures and policies of the Task Force and the procedures and
policies of Baytown, Baytown's procedures and policies will control.
5.04 Both parties agree that Baytown personnel assigned to work with the Task Force shall at
all times remain employees of Baytown. Likewise, all HPD personnel assigned to work
0 with the Task Force shall at all times remain employees of the City.
u: AKdplwpri1cslcontmct\am120495 -5 - October 14. 1999
ARTICLE YI.
Information/Data
6.01 Baytown shall keep all materials to be prepared under this Agreement and all City data
it receives confidential to the extent permitted by law. Baytown shall not divulge non-
public information except as required by law or approved in writing by the City. It is
acknowledged and agreed that Baytown, its officers and employees may request advice,
decisions and opinions of the Attorney General of the State of Texas regarding the
application of the Open Records Act to any information kept by Baytown which relates
to the Task Force. Baytown shall have the right to rely on the advice, decisions and
opinions of the Attorney General regarding the disclosure of such information to the
public.
6.02 Baytown, 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 the City's Chief of Police. When issuing statements, press releases,
producing printed materials, audio visuals and other documents describing or related to the
Task Force, such material shall clearly state that funding was provided by the City of
Houston Police Department through the Gulf Coast Violent Offender Task Force Program.
6.03 Representatives of the City shall have the right to perform, or cause to be performed, (1)
audits of the books and records of Baytown pertaining to Baytown's performance under
this Agreement, and (2) inspections of all places where work is undertaken in connection
with this Agreement. Baytown shall be required to keep such books and records available
0 for such purpose and shall ensure the useability and safety of such records. Baytown shall
u: \nA1_dp\wpri1cS%contract\amU0485 - 6 - October la. 1998
® disclose the locations of such records to City upon request. Such records cannot be
•
destroyed unless agreed in writing by the City.
6.04 Baytown 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 Task Force, available to the City, through any authorized
representative, within a reasonable time upon request.
ARTICLE VII.
Insurance and Liability
7.01 Baytown and City are both governed by the Texas Tort Claims Act, Chapter 101.001 et
,gU., as amended, Texas Civil Practice and Remedies Code Ann., which sets forth certain
limitations and restrictions on the types of liability and the types of insurance coverage that
can be required of Baytown and the City. Each party to this Agreement warrants and
represents that it is self - insured for all claims falling within the Texas Tort Claims Act.
7.02 Notwithstanding the provisions of Article 4.02, 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 such individual's actions occurred. Each party is
solely responsible for the actions and/or omissions of its employees and officers as well
as the operation and maintenance of its Equipment used during the performance of this
Agreement.
0AM:dplwpfilcskontmcdnmU0495 -7- Oclobcr 14, 1998
0
•
ARTICLE VIII.
Notice
8.01 All notices required or permitted under this Agreement shall be in writing and shall be
deemed delivered when actually received or, if earlier, on the third day following deposit
in a United States Postal Service post off-ice or receptacle with proper postage affixed
(certified mail, return receipt requested) addressed to the respective other parry at the
address prescribed below or at such other address as the receiving party may have
prescribed by notice to the sending party. Address for notice shall be as follows:
Baytown: City of Baytown
P. O. Box 424
Baytown, Texas 77522 -0424
Attn: City Manager
City: City of Houston
P.O. Box 1562
Houston, Texas 77251
Attn: Craig E. Ferrell, Jr.
ARTICLE IX.
Compliance with Equal Q12,12ortunity Laws
9.01 To the extent required by law, Baytown shall comply with all laws, standards, orders and
regulations regarding equal employment which are applicable to Baytown's performance
of this Agreement, including Executive Order No. 11246, as amended, and 41 C.F.R.,
which are incorporated into this Agreement by reference.
u:WM:dp%wpraIcs\conU=tkarnU0185 — 8 —
octobcr K 1998
•
ARTICLE X.
Written Amendment
10.01 Unless otherwise specified elsewhere, this Agreement may be amended only by written
instrument executed on behalf of the City (by authority of an ordinance adopted by the City
Council) and Baytown.
ARTICLE XI.
Severabilitx
11.01 If any part of this Agreement is for any reason found to be unenforceable, all other parts
remain enforceable unless the result materially prejudices either party.
ARTICLE XIL
Entire A gLeement
12.01 This Agreement merges the prior negotiations and understandings of the parties and
embodies the entire agreement of the parties. No other agreements, assurances, conditions,
covenants (express or implied), or other terms of any kind exist between the parties
regarding this Agreement.
uAAMAplwpfiIOconvact%am120485 - 9 -
octoba 14. 1999
0 CITY OF HOUSTON, TEXAS
ATTEST /SEAL:
ATTEST /SEAL:
City Secretary
Mayor
APPROVED:
COUNTERSIGNED BY:
Houston Police Chief
City Controller
APPROVED AS TO FORM:
DATE COUNTERSIGNED:
By City Controller
Assistant City Attorney
L. D. File No.
CITY OF BAYTOWN, TEXAS
ATTEST /SEAL:
APPROVED:
City Clerk
Mayor
APPROVED:
COUNTERSIGNED BY:
Baytown Police Chief
Finance Director
APPROVED AS TO FORM:
t y Attorney
DATE COUNTERSIGNED:
By Finance Director
OAK dplwpriileskonimcAam\;pf85 - 1 0 - octoba 14. 1998