Ordinance No. 9,573ORDINANCE NO. 9573
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY
OF HOUSTON FOR PARTICIPATION IN THE HARRIS COUNTY ORGANIZED
CRIME AND NARCOTICS 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 City of
Houston for participation in the Harris County Organized Crime and Narcotics 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 12`h day of June, 2003.
PETE C. ALFARO, Wayor
ATTEST:
Y SMITH, City Clerk
APPROVED AS TO FORM:
4NACIO RAMIREZ, �,City Attorney
FAKarenTiles \City Council\ Ordinances\ InterlocalAgreementHoustonHCOC .doc
INTERLOCAL AGREEMENT �3 ._Q���
.1-54787
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 City of Houston
( "Houston "), a municipal corporation situated in Harris County, Texas pursuant to Chapter 791 of the
Texas Government Code, concerning interlocal cooperation contracts. The parties are located in the
State of Texas.
UV1TAIGCCGTW
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 Houston Police Department ( "H.P.D. ") and
representatives of ten (10) 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 $1,185,330 in 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 Houston wish to contribute matching funds, which funds would not
normally be used for this purpose; and
WHEREAS, Baytown and Houston believe it is in their best interest to enter into this Agreement to
carry out the Grant program; and,
® WHEREAS, Baytown and Houston agree to abide by all pertinent federal, state 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 Houston as
members of the Force in regards to the investigation, prosecution and prevention of organized
and narcotics related crime.
ARTICLE II.
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 Houston that this Agreement remains in effect for the entire term
of the Grant, including renewals. Baytown and Houston 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
Houston 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 Houston within thirty (30) days after its
occurrence.
ARTICLE III.
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3.01 As consideration for this Agreement, Houston agrees to contribute a total of $84,369 in matching
in -kind funds by paying the unreimbursed portion of salaries of the H.P.D. employee(s) as set out
in Exhibit "A" for the enhancement and support of the Force for the term of this grant year, which
is June 1, 2003 to May 31, 2004.
3.02 As consideration for Houston's performance under this Agreement, Baytown agrees to reimburse
Houston for the percentage of the personnel expenses for H.P.D. employee(s) as provided in
Exhibit "A ", attached hereto and incorporated herein for all intents and purposes, for each grant
year this Agreement remains effective. In no event shall Baytown's obligation to pay Houston
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® personnel expenses for services provided hereunder by the H.P.D. 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
Houston 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 H.P.D.'s statement of expenses incurred and in accordance with Exhibit "A."
3.04 Houston will be paid on the basis of monthly - itemized invoices submitted by Houston and
approved by Baytown showing the services performed and the attendant fee. Baytown shall
make payment to Houston within thirty (30) days of the receipt by Baytown of such invoices. If
any items in any invoices submitted Houston 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 Houston of the dispute and
request clarification and /or remedial action. After any dispute shall have been settled Houston
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 regarding all disputes involving
Houston shall be final.
3.05 Baytown and Houston acknowledge that Baytown may receive additional Grant funds with which
it may pay Houston personnel expenses for services provided hereunder in subsequent years by
H.P.D. 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 H.P.D. services may require a cash match by Houston. Upon Baytown's
notification to Houston of the amount of the cash match required, Houston 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, Houston, other members of the Force, or purchased with
Grant Funds. Upon termination of this Agreement, ownership and 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
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• 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 H.P.D. 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 Houston 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. Houston 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 Houston agrees to perform those services provided in Exhibit "B" attached hereto and
incorporated herein for all intents and purposes.
5.02 Houston warrants that:
(a) Services performed by H.P.D. assigned to the Grant program and any property acquired
by Grant funds or owned by Baytown and delivered to Houston 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 Houston's actual cost of
same.
(b) Baytown will be notified of the location of all Property placed in Houston'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) H.P.D. personnel assigned to the Grant program are not receiving dual compensation
from Houston and Baytown for the same services performed under the terms of this
Agreement.
(d) Houston 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.
(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.
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. 5.03 Houston 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 Houston agree that H.P.D. personnel assigned to work with the Force shall at all
times be and remain employees of Houston.
5.05 Houston agrees that H.P.D. personnel assigned to the Grant program will be subject to the
disciplinary rules, operating procedures and professional standards of H.P.D., 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 H.P.D. and the Force, the respective disciplinary rules, operating procedures and
professional standards of H.P.D. will control.
ARTICLE VI.
Information /Data
6.01 Houston 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 ". Houston shall not divulge such information except as approved in
writing by Baytown or as otherwise required by law.
6.02 Houston, 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 Houston pertaining to Houston's performance under this Agreement, and (2)
inspections of all places where work is undertaken in connection with this Agreement. Houston
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 be destroyed unless agreed in writing by
Baytown and CJD.
6.04 Houston 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.
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® ARTICLE VII.
Insurance and Release of Liabili
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7.01 Insurance
(a) Tort Claims — Baytown and Houston as state political subdivisions, are governed by the
Texas Tort Claims Act, Chapter 101.001 et_ seq., 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 Houston
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 VIII.
Compliance with Laws
8.01 Baytown and Houston 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
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
any other provision thereof and this Agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
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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.
Gary Jackson
City Manager
Gary Smith
Date
City Clerk
CITY OF BAYTOWN, TEXAS
APPROVED:
City of Houston, TEXAS
APPROVED:
II
Date
0
SUBJECT:
- -Icq- r.
May &, City of Houston
ATTEST
City Secretary
DATE OF COUNTERSIGNATURE:
APPROVED:
C.O.' Bradford
Chief of Police, Ho n Po 'ce Department
APPROVED AS TO FORM:
2043
Harris County Organized
Crime and Narcotics Task
Force /10 Grant; Interlocal
Agreement Request for
Council Action
•
Case Agent 65,660 16,415 49,245 75%
Case Agent 59,107 14,777 44,330 75%
Case Agent 68,133 17,033 51,100 75%
Exhibit "A," Page Solo
EXHIBIT "A"
HARRIS COUNTY ORGANIZED CRIME AND NARCOTICS TASK FORCE
Start Date:
06/01/2003
End Date:
05/31/2004
Salary 8 Fringe
Reimbursement by Reimbursement
Title
Houston Match
Benefits
Baytown Percentage
Group
81,251
20,313
60,938 75%
Supervisor
Case Agent
63,323
15,831
47,492 75%
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Case Agent 65,660 16,415 49,245 75%
Case Agent 59,107 14,777 44,330 75%
Case Agent 68,133 17,033 51,100 75%
Exhibit "A," Page Solo
r
EXHIBIT "B"
SCOPE OF SERVICES
City of Houston — (4) Officer /Investigators
(1) Sergeant/Group Supervisor
Houston Police Department narcotics officers assigned to the Task Force will
investigate, 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 and reports 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.
The Houston Police Department Sergeant assigned to the Task Force will supervise the
enforcement efforts and investigations conducted by the narcotics officers assigned to
his /her supervision.
Exhibit "B," Page Solo