Ordinance No. 9,520ORDINANCE NO. 9520
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITIES
OF LA PORTE, SEABROOK, KATY, BELLAIRE, HUMBLE AND WEBSTER
AND THE COUNTIES OF HARRIS AND FORT BEND FOR PARTICIPATION
IN THE HARRIS COUNTY ORGANIZED CRIME 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 the
City Manager to execute and the City Clerk to attest to an interlocal agreement with the Cities of La
Porte, Seabrook, Katy, Bellaire, Humble and Webster and the Counties of Hams and Fort Bend for
participation in the Harris County Organized Crime Task Force. A copy of a form agreement, which
will be executed by each entity, 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 13th day of February, 2003.
RONALD W. ANDERSON, Mayor Pro Tem
ATTEST:
G ` . SMITH, City Clerk
APPROVED AS TO FORM:
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® INTERLOCAL AGREEMENT
HARRIS COUNTY ORGANIZED
CRIME AND NARCOTICS TASK FORCE GRANT
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Interlocal Agreement ( "the Agreement ") is entered into between the City of Baytown, a municipal
corporation situated in Harris County, Texas ('Baytown "), and the ((Subrecipient))
( "«SubrecipientShortName » "), ((Comm u nityType)) Texas pursuant to Chapter 791 of the Texas
Government Code, concerning interlocal cooperation contracts. The parties are located in the State of
Texas..
WITNESSETH
WHEREAS, Baytown, through its Police Department, ( "BPD "), has applied for a grant from the
Criminal Justice Division, Office of the Governor, State of Texas, in the amount of $3,238,391, entitled
"Harris County Organized Crime and Narcotics Task Force'Grant" ( "the Grant "); and
WHEREAS, the target geographic area of such Grant includes both incorporated and unincorporated
areas of Harris and Ft. Bend Counties; and
WHEREAS, the Baytown Police Department, the ((MemberAgency)) ( "aAgencylnitials))") and
representatives of nine (9) other law enforcement agencies in the target geographic area have combined
their resources to form the Harris County Organized Crime and Narcotics Task Force ( "the Force "); and
WHEREAS, Baytown and other law enforcement agencies in the target geographic area have agreed
to contribute a total of $1,185,330in matching funds for purposes of the grant; and
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; and
WHEREAS, Baytown and «SubrecipientShortName)) wish to contribute matching funds, which
funds would not normally be used for this purpose; and
WHEREAS, Baytown and ((SubrecipientShortName)) believe it is in their best interest to enter into
this Agreement to carry out the Grant program; and,
WHEREAS, Baytown and «SubrecipientShortName)) agree to abide by all pertinent federal, state
0 and local laws and regulations;
EMIT A
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NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
ARTICLE I.
Purpose
1.01 The purpose of this Agreement is to provide for the responsibilities of Baytown and
«SubrecipientShortName» as members of the Force in regards to the investigation, prosecution
and prevention of organized and narcotics related crime.
ARTICLE [I.
Term
2.01 The Agreement shall be deemed to be effective on June 1, 2003, and shall terminate on the
Grant expiration date (including renewals) or on the termination date of any extension thereof
granted by the Criminal Justice Division, Office of the Governor, State of Texas, hereinafter
referred to as the "CJD ", whichever is later.
2.02 It is the intent of Baytown and «SubrecipientShortName» that this Agreement remains in effect
for the entire term of the Grant, including renewals. Baytown and «SubrecipientShortName»
acknowledge that Baytown must apply each year for continuation of this Project and that the
Grant can be discontinued at any time by CJD. Should the Grant be terminated or not renewed
by CJD for any reason, Baytown and «SubrecipientShortName» agree to terminate this
Agreement on the date the Grant is terminated by CJD. Notwithstanding anything contained in
this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and
budgeted by the governing body of Baytown or are otherwise not available for any reasons
whatsoever in any fiscal period to meet cash match requirements or any other obligation agreed
to under this Agreement, this Agreement shall terminate on the last day of the fiscal period for
which sufficient funds were appropriated. Written notification of such non - appropriation will be
delivered to «SubrecipientShortName» within thirty (30) days after its occurrence.
ARTICLE III.
Consideration
3.01 As consideration for this Agreement, «SubrecipientShortName» agrees to contribute a total of
$ in matching funds for the enhancement and support of the Force for each grant year this
Agreement remains effective.
3.02 As consideration for «Subreci pie ntShortNameu's performance under this Agreement, Baytown
agrees to reimburse «SubrecipientShortName» for the percentage of the personnel expenses
for «Agencylnitials» employee(s) as provided in Exhibit "A ", attached hereto and incorporated
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® herein for all intents and purposes, for each grant year this Agreement remains effective. In no
event shall Baytown's obligation to pay «Subreci pie ntShortName)) personnel expenses for
services provided hereunder by the ((Agencylnitials)) personnel exceed the reimbursement
amount specified in Exhibit "A" annually, except as provided under Article 3.04 hereof. Release
of any funds hereunder is subject to the approval of CJD. Baytown and
((SubrecipientShortName)) may amend in writing the amounts provided in Exhibit "A" when
Baytown's application for renewal of grant funding in future years is reviewed by CJD or when
additional funding is made available to Baytown.
3.03 Payments for reimbursable personnel and other expenses shall be made monthly upon
presentation of the «Agencylnitials ))'s statement of expenses incurred and in accordance with
Exhibit "A."
3.04 «SubrecipientShortName» will be paid on the basis of monthly- itemized invoices submitted by
<(SubrecipientShortName)) and approved by Baytown showing the services performed and the
attendant fee. Baytown shall make payment to «SubrecipientShortName» within thirty (30)
days of the receipt by Baytown of such invoices. If any items in any invoices submitted
((SubrecipientShortName» 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 «SubrecipientShortName» of the dispute and
request clarification and /or remedial action. After any dispute shall have been settled
«SubrecipientShortName» 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
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regarding all disputes involving «SubrecipientShortName» shall be final.
3.05 Baytown and «SubrecipientShortName» acknowledge that Baytown may receive additional
Grant funds with which it may pay «SubrecipientShortName» personnel expenses for services
provided hereunder in subsequent years by ((Agencylnitials)) personnel assigned to the Force
over and above that amount provided in Article 3.02 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 «Agencylnitials»
services may require a cash match by «SubrecipientShortName)). Upon Baytown's notification
to «SubrecipientShortName» of the amount of the cash match required,
«SubrecipientShortName» shall either pay the match or terminate this Agreement.
ARTICLE IV
Property
4.01 The equipment, hardware and other non - expendable items used during performance under this
Agreement may be owned by Baytown, «SubrecipientShortName», other members of the
Force, or purchased with Grant Funds. Upon termination of this Agreement, ownership and
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possession of equipment, hardware and other non- expendable items will revert to the respective
owner, , subject to the approval of the Criminal Justice Division, Office of the Governor,
State of Texas. 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 the respective owner will retain ownership of such property 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 «Agencylnitials» personnel may use BPD -owned and leased
automobiles. Such use is authorized by this Agreement and no other permission will be required
or deemed necessary. It is further agreed that the BPD 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 «SubrecipientShortName» acknowledges and agrees that all property seized by any
participants in the Force while performing in accordance herein or as a member of or on behalf of
the Force shall belong to BPD for use by the Force. uSubrecipientShortName» 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 BPD.
ARTICLE V.
Scope of Services
5.01 aSubrecipientShortName» agrees to perform those services provided in Exhibit "B" attached
hereto and incorporated herein for all intents and purposes.
5.02 cSubrecipientShor -Mameo warrants that:
(a) Services performed by «Agencylnitials» assigned to the Grant program and any
property acquired by Grant funds or owned by Baytown and delivered to
«SubrecipientShortName» 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 aSubrecipientShortName »'s actual cost of same.
(b) Baytown will be notified of the location of all Property placed in
cSubrecipientShortName »'s possession or under its control and that such Property will
not be removed from such location without the expressed written permission of BPD.
(c) «Agencylnitials» personnel assigned to the Grant program are not receiving dual
compensation from uSubrecipientShortName» and Baytown for the same services
performed under the terms of this Agreement.
(d) «SubrecipientShortName» will cooperated 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.
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(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.
5.03 cSubrecipientShortName» agrees to comply with the regulations, policies, guidelines and
requirements provided in the Grant, 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 cSubreci pie ntShortName» agree that cAgencylnitials» personnel assigned to
work with the Force shall at all times be and remain employees of cSubrecipientShortName ».
5.05 cSubrecipientShortName» agrees that cAgencylnitials» personnel assigned to the Grant
program will be subject to the disciplinary rules, operating procedures and professional standards
of cAgencylnitials», and are 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 cAgencylnitials» and the Force, the
respective disciplinary rules, operating procedures and professional- standards of
cAgencylnitials» will control.
ARTICLE VI.
Information /Data
6.01 cSubrecipientShortName» 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 "public record ". cSubrecipientShortName» shall not divulge such
information except as approved in writing by Baytown or as otherwise required by law.
6.02 cSubrecipientShortName», 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 for the grant project was provided to the City of
Baytown through a grant from the Byrne Funded Grant Program, Criminal Justice Division, Office
of the Governor, State of Texas. Any such publicity shall be in a form approved by CJD, Baytown
and in accordance with State law.
6.03 Baytown shall have the right to perform, or cause to be perform, (1) audits of the books and
records of cSubrecipientShortName» pertaining to cSubrecipientShortName »'s performance
under this Agreement, and (2) inspections of all places where work is undertaken in connection
with this Agreement. cSubrecipientShortName» shall be required to keep such books and
records available for such purpose to ensure the availability, usability and safety of such records.
The locations of such records shall be disclosed to Baytown upon request. Such records cannot
is be destroyed unless agreed in writing by Baytown and CJD.
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0 6.04 «SubrecipientShortName» agrees to make all data, reports, 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 «SubrecipientShortName» as state political subdivisions,
are governed by the Texas Tort Claims Act, Chapter 101.001 et seg., Civil Practices and
Remedies Code, which sets forth certain limitations and restrictions of the types of liability
and the types of insurance coverage that can be required of state agencies. Baytown
and «SubrecipientShortName» warrant and represent to each other that they are self -
insured or commercially insured for all claims falling within the Tort Claims Act.
(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 Vlll.
Compliance with Laws
8.01 Baytown and «SubrecipientShortName» agree to comply with all pertinent federal, state and
local laws or regulations.
ARTICLE IX.
Governing Law
9.01 This agreement is governed by the laws of the State of Texas.
ARTICLE X.
Amendments
10.01 This Agreement may be amended only by the mutual agreement of the parties hereto in writing to
be attached to and incorporated into this Agreement.
ARTICLE XI.
Legal Constructions
0 11.01 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
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any other provision thereof and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
ARTICLE XII.
Entire Agreement
12.01 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 matter of this Agreement which is not contained herein shall be
valid or binding.
The undersigned parties bind themselves to the faithful performance of this Agreement and acknowledge
that duplicate originals of this Agreement are being executed.
City Manager
CITY OF BAYTOWN, TEXAS
APPROVED:
Date
Gary Smith Date
City Clerk
AuthorizedOfficial»
uSubrecipient» , TEXAS
APPROVED:
Date
Attest Date
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EXHIBIT "A"
® HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE
Start Date: 06/01/2003
End Date: 05/31/2004
Salary & Fringe i(SubrecipientSh Reimbursement by Reimbursement
Title
Benefits ortName)) Match Baytown Percentage
•
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Ell
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EXHIBIT "B"
SCOPE OF SERVICES
Example:
County of Fort Bend — (1 } Investigator
The Investigator assigned to the Task Force will identify, document and exhaust all valuable leads on
targeted cases relating to narcotics and organized crime, using surveillance techniques and informant
leads when necessary. Cases resulting in an arrest will be properly documented and coordinated (as
deemed necessary) with the investigator who sought the original indictment. Records will be maintained
showing the disposition of each case assigned including follow -up tracking of each suspect arrested in an
effort to gauge the success of the programs.
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