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Ordinance No. 8,706990923 -4 ORDINANCE NO. 8706 ® 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 D/BLA/ . 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 I9PHNP516 or any successor grant made available through the Office of National Drug Control Policy for the purposes specified in Exhibit "A," 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 23" day of September, 1999. //-,& e ��Z�t PETE C. ALFARO, Mayor ATTEST: EILEEN P.-'HALL, City Clerk APPROVED AS TO FORM: 4CKACIO RAMIREZ, SLkity Attorney c:klh 194 \Council \Ordinances \FurceProfessional Seriwes 1999- 2000.Ordinance 1 n ,0 09/21/1999 13:57 281 - 987 -3889 HOUSTON HIDTA DIR. PAGE 08 Annual Report 1998 Houston HIDTA Executive Summary • OPERATIONS: The Houston HIDTA saw a significant increase in the number and quality of investigations started and concluded during 1998. These are attributable to the ever - increasing level of cooperation among the agencies comprising the Houston HIDTA, the expanded involvement in cases by non -HIDTA agencies nationally, and the improved quality of the cases adopted by HIDTA Initiative groups. These trends are also attributable, in part, to the efforts of the Executive Committee... those federal SACS and state and local Chiefs who continue to monitor and manage the quality of the personnel and the work they perform. Of course, the dedication to the mission by all personnel is the primary contributing factor to the Houston HIDTA's successes. • MORE WITH LESS: A major objective in 1998 was to maintain the primary emphasis of actively prosecuting the trafficker organizations moving through and operating within the area despite increased staffing and decreased finding in the HIDTA. Houston has operated with a "flat - lined" budget since 1997, despite increasing costs of conducting investigations, necessary dependence on expensive technology, and the rate of inflation. Consequently, the Executive Committee, in concert with initiative managers, consistently sought creative avenues and methods to reduce spending and to seek other resources provided through participating agencies. The result produced a year of more complex cases, increased seizures, better intelligence efficiency, improved cooperation and tighter management control. Increased officer training augmented the quality of investigations and sought to improve communication among agencies, mainly through networldng opportunities. • STRATEGY: Houston's operational strategy to counter the threat of narcotraffickers who use the area for the transshipment of their illegal products to other parts of the U.S. and as a site for laundering their illicitly gained profits remained essentially the same. The Executive Committee configured the various Initiatives that implement the strategy to address: - Trafficker Enforcement - Money Laundering - Gangs - Intelligence Programs PERFORMANCE OBJECTIVES: The Office of National Drug Control Policy implemented 56 performance objectives, or "milestones," in the development of HIDTA task forces. Of these 56 milestones, 52 have been accomplished in the Houston HIDTA. This results in an achievement rate of 92.5 percent. This performance rate demonstrates that the Houston HIDTA embodies the vision and goals for improving public safety through well - managed and maturing trafficker investigation methods and organizations, thereby helping to shield the country from the drug threat. U 0 ® Professional Services Agreement Between The City.ofBaytown. and Stanley E. Furce, Individually and d /b /a Research International STATE OF TEXAS § COUNTY OF HARRIS § 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 expressly contingent on both the continuation of funding by Grant/Award Number I8PHN516 and the funding by Grant/Award Number I9PHNP516 or any successor grant made available through the Office of National Drug Control Policy ( "ONDCP "), for the purposes expressed herein. 1. Term of Agreement: Subject to the above - referenced contingency, the term of this Agreement shall be the twelve -month period commencing on October 1, 1999, through September 30, 2000.. 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 agencies 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 the United States Attorneys; EXHIBIT A Professional Services Agreement Stanley E. Furce, Individually and d/b /a Research International, Page I Ll 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; 1. 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 ® HIDTA personnel; and Professional Services Agreement Stanley E. Furce, Individually and d/b /a Research International, Page 2 C 1-1 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 in accordance with this Agreement. Professional Services Agreement Stanley E. Furce, Individually and d/b /a Research Intemational, Page 3 E 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.OND.CP, 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 longer 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. All such termination payments shall be subject to the contingency first listed hereinabove. 11. 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 parry. 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 77522 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 • r L J (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. Furce, Individually and d/b /a Research International, Page 5 C CJ 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 statute, 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. (i) 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. Furce, Individually and d/b /a Research International, Page 6 C 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) This Agreement constitutes the entire agreement between the parties. There are no agreements, understandings, restrictions, warranties, or representations between the parties other than those set forth in this Agreement. This Agreement supersedes all prior agreements and understandings between the parties. (1) 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. (m) 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 September, 1999. CONTRACTOR: STANLEY E. FURCE, Individually and d/b /a Research International CITY OF BAYTOWN, TEXAS: MONTE MERCER, City Manager ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, ity Attorney Professional Services Agreement Stanley E. Furce, Individually and d/b /a Research International, Page 7 v STATE OF TEXAS § COUNTY OF § 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 {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 September, 1999. Notary Public in and for the State of Texas My commission expires: 0 cAk1hI94\ police\ HIDTA. Furce1999- 2000ProvessionalServicesAgreement Professional Services Agreement Stanley E. Furce, Individually and d /b /a Research International, Page 8 D n 0 4 Executive Office of the President AWARD Office of National Drug Control Policy Cooperative Agreement Page _L of 1 1. Recipient Name and Address 4. Award Number I9PHNP516 City of Baytown 2401 Market Street 5. Project Period: 3/1/99 To 2/28/00 Budget Period: 3/1/99 To 2/28/00 Baytown, Texas 77520 IA. Recipient IRSNendor No. 6. Date: 2/11/99 7. Action Initial 2. Subrecipient Name and Address 8. Supplement Number 1 Supplemental 2A. Subrecipient IRSNendor No. 9. Previous Award Amount $528,222.00 3. Project Title 10. Amount of This Award $3,625.00 Administration 11. Total Award $531,847.00 Special onions (Check, it applicable) FX 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 ® Typed Name andTitle o pprovmg ONDUF Official 15. Typed Name and I rt e ot Authorized Recipient Official Monte Mercer Joseph Peters Bobby 60mtfe Office of National Drug Control Policy City of Baytown 16. Si a e of Ap CP Official 17. Signature of Authorized Recipient 17A. Date j�ss(99 A T T-,. 0 18 Accounting Classification Code I 19. HIDTA AWARD EXHIBIT 9 • 1� 0 Consolidate Report Cash FY 1999 (Final) Houston Administration City of Baytown 19PHNP516 D. Travel. Purpose Administrative (added $1) Parking /Mileage Reimbursements E. Facility. Name Office Space Rent Annual Total $4,001 $4,001 $2,068 $2,068 Sum by Object $6,069 Months Rate Total 12 $1,550 $18,600 0 Friday, June 11, 1999 Page 371 of 2494 Sum by Object $18,600 F. Services Name Months Rate Total Director 119636 $1 $119,636 Fiscal Analyst 12 $5,945 $71,340 Network Administrator (beyond Feb 99) 12 $9,833 $118,000 Nextel phones (2) 8 $200 $1,600 Postage & Shipping 12 $75 $900 Printing 12 $900 $10,800 Program Analyst 12 $6,189 $74,262 Reprogram #1 (from USAO): $ $0 0 Friday, June 11, 1999 Page 371 of 2494 E E 0 Consolidate Report Cash FY 1999 (Final) Houston Administration City of Baytown 19PHNP516 Secretary Skytel Pagers (3) Telephone Service Tenant Insurance Vehicle Lease (1) Xerox Copier (1) G. Equipment. Description Computer Laptop Computers Pagers Printer Printers Repgram #1 from USAC: Reprogram within category (eletronic technical monitori 0 Friday, June 11, 1999 39360 $1 $39,360 8 $225 $1,800 12 $1,100 $13,200 12 $65 $780 12 $500 $6,000 12 $220 $2,640 Sum by Object $460,318 Quantity Unit Price Total 1 $3,500 $3,500 10 $2,000 $20,000 3 $75 $225 1 $1,540 $1,540 15 $267 $4,000 $ $0 $ $0 Sum by Object $29,265 Page 372 of 2494 C 41 Consolidate Report Cash FY 1999 (Final) Houston Administration City of Baytown 19PHNP516 H. Supplies. Name Months Rate Total Office Supplies 12 $810 $9,720 Office Supplies 12 $50 $600 Vehicle Fuel/Service 12 $165 $1,980 Sum by Object $12,300 L Other. Purpose Annual Total Indirect Costs $5,295 $5,295 Sum by Object $5,295 Sum by Agency $531,847 Friday, June 11, 1999 Page 373 of 2494 LJ 11